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HomeMy Public PortalAbout13) 8A_ADU and JADU_Staff ReportCOMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: October 20, 2020 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Scott Reimers, Interim Community Development Director By: Hesty Liu, AICP, Associate Planner SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 20-1048 AMENDING TITLE 9 (ZONING REGULATIONS), CHAPTER 1 (ZONING CODE), ARTICLE T (SPECIAL USES) OF THE TEMPLE CITY MUNICIPAL CODE (TCMC) FOR ACCESSORY DWELLING UNITS (ADUS) AND JUNIOR ACCESSORY DWELLING UNITS (JADUS) RECOMMENDATION: The City Council is requested to: 1.Introduce for first reading by title only and waive further reading of Ordinance No. 20-1048 (Attachment “A”), amending Title 9, Chapter 1, Article T of the Temple City Municipal Code regarding the development standards for ADUs and JADUs. 2.Schedule the second reading of Ordinance No. 20-1048 for November 4, 2020 meeting. BACKGROUND: 1.On February 18, 2020, the City Council adopted an urgency ordinance regulating ADUs and JADUs. To ensure compliance with State law, the urgency ordinance was crafted to mirror the content and structure of State law. The City Council directed staff to bring back a Zoning Code Text Amendment to address concerns regarding water and sewer capacity, fire safety, and additional objective design standards. 2.On May 12, 2020, staff presented the ordinance prepared for the Zoning Code Text Amendment to the Planning Commission. After deliberation, the Planning Commission recommended that the City Council adopt the proposed ordinance. AGENDA ITEM 8.A. City Council October 20, 2020 Page 2 of 4 3. On June 30, 2020, the State Housing and Community Development Department (HCD) contacted staff regarding the City’s Ordinance and advised that the City needed to modify the Ordinance to ensure its full compliance with State law. As a result, staff revised the Ordinance and scheduled a hearing with the Planning Commission. 4. On September 8, 2020, staff presented the revised Ordinance to the Planning Commission; see attachment “B” for the Planning Commission Staff Report. The Planning Commission recommended that the City Council adopt the proposed Ordinance. However, the Commission expressed concerns about fire safety in light of the reduced yard setbacks and the proximity between houses. According to the State law, the City has to reduce the side yard for an ADU from five feet to four feet, and reduce the rear yard for an ADU from 15 feet to four feet, whether the ADU is attached or detached. ANALYSIS: When adopting the urgency ordinance back in February, the City Council directed staff to bring back a code amendment analyzing three additional issues:  W ater and sewer infrastructure capacity,  Objective design standards, and  Fire safety. State law a uthorizes the City Council to limit areas where ADUs or JAD Us will be allowed based on infrastructure and fire safety concerns. The City Council can also impose design standards if they are considered “objective”. After conducting analysis on these three issues, staff determined that the water supply is adequate, and the sewer system is capable of meeting expected demand in the short term. For a full discussion on both topics, see the Planning Commi ssion Staff Report from May 12 (Attachment “C”). Staff recommended two measures to address fire safety concerns and additional design standards. However, after the Planning Commission meeting, HCD contacted staff and expressed concerns. HCD advised the City to make the following revisions .  Remove provisions related to fire safety. Staff proposed to include a portion of the Fire Code, which requires a dwelling unit to be within 150 feet of a 20 -foot wide road, into the Zoning Code. Staff also proposed a minimum five-foot setback from the rear and side property lines, which is a standard condition of approval required by L.A. County Fire Department on many applications. HCD instructed staff to remove the provision as it contradicted State law, which limits cities to requiring no City Council October 20, 2020 Page 3 of 4 more than a four-foot setback. The City can enforce provisions of the Fire Code; however, these provisions should not be in the Zoning Ordinance.  Remove the limitation of two bedrooms for ADUs. State law does not have a provision allowing the City to regulate the number of bedrooms. As such, the proposed requirement needed to be removed.  Make objective design criteria more flexible. HCD stated that the Code must be updated to state that the objective standards must not make the construction of ADUs infeasible. The following are the remaining objective design standards in the proposed Ordinance: o A bedroom in an ADU must not have an exterior door; o An ADU must not have more than one common area (defined as a living room, family room, or study); o All bedrooms must be physically accessible to all occupants; and o An ADU must not have more than one kitchen. The proposed ordinance has been revised based on HCD’s comments. Revising the ordinance will help the City to receive HCD approval after adoption. Since HCD has prohibited the City from putting fire safety measures in the ordinance, staff will develop a handout to applicants noting fire code issues that wil l apply. If HCD finds that a local agency’s ordinance does not comply with State law, HCD notifies the local agency and provides it with 30 days to respond to the findings. If the agency does not amend its ordinance accordingly, the agency must adopt findings by resolution explaining the reasons the agency believes that the ordinance complies with State law, despite HCD’s input. HCD is required by law to notify the agency that it is acting in violation of State law and may notify the Attorney General. STRATEGIC GOALS: Establishing standards for the development of ADUs and JADUs will further the City Strategic Goals of Good Governance, Public Health and Safety, and Sustainable Infrastructure. FISCAL IMPACT: Adopting the proposed ordinance would not have any impact on the Fiscal Year 2020-21 City Budget. City Council October 20, 2020 Page 4 of 4 ATTACHMENT: A. Ordinance No. 20-1048 B. September 8, 2020 Planning Commission Staff Report C. May 12, 2020 Planning Commission Staff Report ORDINANCE NO. 20-1048 AN ZONING CODE TEXT AMENDMENT OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE REGULATION AND DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS WHEREAS, the City of Temple City regulates accessory dwelling units under Title 9, Chapter 1 of the Temple City Municipal Code (TCMC); WHEREAS, Government Code Section 65852.2 and Section 65852.22 permits local governments to establish standards for ministerial review of accessory dwelling units and junior accessory dwelling units, and directs that accessory dwelling units be approved subject to minimized standards; WHEREAS, Government Code Sections 65852.2 and 65852.22 were recently amended by AB 881 and AB 68 respectively, to revise the requirements for the development of "accessory dwelling units" and "junior accessory dwelling units," effective January 1, 2020; WHEREAS, Government Code Section 65852(a)(4), as amended by AB 881, will deem null and void any existing ordinance that is inconsistent with the standards set forth in Government Code Section 65852(a) or that fails to provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units; WHEREAS, to comply with the Government Code, the City Council has adopted an urgency ordinance to mirror the state requirements for accessory dwelling units and junior accessory dwelling units. WHEREAS, the City Council has the power to amend the City’s zoning ordinance to bring it into conformity with the state legislation and to implement measures pertaining to public health and safety concerns. WHEREAS, Government Code Sections 65852.2 and 65852.22 authorize a local agency to designate areas in its jurisdiction based on the criteria pertaining to adequacy of water and sewer services, as well as impact of accessory dwelling units on traffic flow and public safety. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council of the City of Temple City incorporates the findings above, and makes the following findings to establish standards for ministerial approval of accessory dwelling units and junior accessory dwelling units to comply with the intent of the state housing law: Ordinance No. 20-1048 Page 2 of 11 1. Accessory dwelling units and junior accessory dwelling units located on lots developed or proposed with dwelling units in areas zoned for single-family and multi-family residential (including mixed-use residential) can provide an important source of affordable housing; and 2. Establishing reasonable regulations for accessory dwelling units and junior accessory dwelling units is an appropriate mechanism to balance the needs of additional affordable housing complying with state law; and 3. Establishing reasonable regulations for accessory dwelling units and junior accessory dwelling units will enable an orderly and compatible development for affordable housing and maintain a quality of life in the community; and 4. Per the state law, accessory dwelling units and junior accessory dwelling units cannot be considered additional density for purposes of General Plan density calculation; and 5. This Ordinance is necessary to enable that the City conduct review of the project’s compliance with applicable zoning and safety standards; and 6. This Ordinance is necessary to ensure that adequate infrastructure is in place to accommodate growth; and 7. Accessory dwelling units and junior accessory dwelling units are subject to other applicable zoning standards except as otherwise provided in this Ordinance. SECTION 2: Section 9-1A-12 of the TCMC is hereby amended to add the following definitions, which will be relocated within the section according to its alphabetical order: ACCESSORY DWELLING UNIT, ATTACHED: An accessory dwelling unit that shares at least one common wall with the primary dwelling and is not fully contained within the existing space of the primary dwelling or an accessory structure. ACCESSORY DWELLING UNIT, DETACHED: An accessory dwelling unit that does not share a common wall or common roof with the primary dwelling on a single-family lot or primary dwellings on a multi-family lot and is not fully contained within the existing space of an accessory structure. ACCESSORY DWELLING UNIT, INTERNAL: An accessory dwelling unit that is fully contained within the existing space of the primary dwelling or an accessory structure. ACCESSORY DWELLING UNIT, JUNIOR: A unit that is no more than 500 square feet in size and contained entirely within a single-family residence, or a proposed single-family residence. A junior accessory dwelling unit may include an efficiency kitchen that is of reasonable size in relation to the size of the junior accessory dwelling unit. Such units may not be sold separately from the primary residence. The property having a junior accessory dwelling unit must require owner-occupancy. Ordinance No. 20-1048 Page 3 of 11 EFFICIENCY KITCHEN. A cooking facility with appliances, a food preparation counter, storage cabinets, and is of reasonable size in relation to the size of the unit. EFFICIENCY UNIT. A dwelling unit that is not less than 220 square feet of floor area with a kitchen sink, cooking appliance, and refrigeration facilities, each having a clear working space of not less than 30 inches in front. The unit must be provided with a separate bathroom and the bedroom must have a separate closet. An additional 100 square feet of floor area must be required for each occupant of such unit in excess of two. STUDIO: A studio is a single residential unit in which the bedroom, living room and kitchen are all located in the same room. SECTION 3: Section 9-1C-6.A.1.h of the TCMC is hereby amended and restated to read as follows: h. Accessory dwelling units and junior accessory dwelling units. SECTION 4: Section 9-1G-11, Table 9-1G-2 (the land use table for R-1 Zone District) of the TCMC is hereby amended to add Junior accessory dwelling units as a permitted use. The notes column will provide a reference to 9 -1T-13. SECTION 5: Section 9-1G-21, Table 9-1G-7 (the land use table for R-2 Zone District) of the TCMC is hereby amended to add Junior accessory dwelling units as a permitted use. The notes column will provide a reference to 9 -1T-13. SECTION 6: Section 9-1G-31, Table 9-1G-11 (the land use table for R-3 Zone District) of the TCMC is hereby amended to add Junior accessory dwelling units as a permitted use. The notes column will provide a reference to 9 -1T-13. SECTION 7: Section 9-1T-13 of the TCMC, pertaining to regulations for accessory dwelling units and junior accessory dwelling units, is amended and restated as follows: 9-1T-13: ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS A. Applicability: Accessory dwelling units are permitted in any zone that allows residential uses and is developed with residential uses. Junior accessory dwelling units are permitted in R-1, R-2, and R-3 zones where there is an existing or proposed single-family dwelling. B. Application: 1. Ministerial Review: A proposal of an accessory dwelling unit and/or a junior accessory dwelling unit will be reviewed ministerially. 2. Length of Review: Ordinance No. 20-1048 Page 4 of 11 a. Applications will be approved or denied within 60 days when a complete application is filed for an accessory dwelling unit or a junior accessory dwelling unit associated with an existing single-family or an existing multifamily dwelling. b. If the permit application for an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application for a new single-family dwelling, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permit application for the new single-family dwelling is approved. 3. Complete Application: The length of review begins when the application is complete. To be considered a complete application, the architectural drawings for the project must provide necessary details and information to allow a decision to be made. If a complete application cannot be provided, the applicant can request the City to conduct a pre-application review and pay an applicable fee before completing the application. C. Single Family Sites: The following rules apply to certain accessory dwelling units and junior accessory dwelling units on lots with a single-family dwelling unit. 1. Junior Accessory Dwelling Units: The following standards apply to all junior accessory dwelling units. a. Number: There may only be one junior accessory dwelling unit per lot. The junior accessory dwelling unit must be contained within the walls of an existing or proposed single-family residence. b. Junior Accessory Dwelling Units in the Rear: A junior accessory dwelling unit must be located in the rear half of an existing or proposed single-family residence, unless such design is infeasible c. Studios, Only: A junior accessory dwelling unit is limited to a studio unit. d. Owner Occupied: The owner must occupy the property, unless the owner is a governmental agency, land trust, or housing organization. e. Maximum Size: The junior accessory dwelling unit must be no more than 500 square feet. Ordinance No. 20-1048 Page 5 of 11 f. Separate Entrance: The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence. g. Efficiency Kitchen: The junior accessory dwelling unit must include an efficiency kitchen. h. Deed Restriction: Building permits will not be finalized until the owner of the property records and executes a deed restriction on the sale of the junior accessory dwelling unit separate from the sale of the single- family residence. The deed restriction must be in a form acceptable to the City and include: (1) A statement that the deed restriction may be enforced against future purchasers; and (2) A requirement that the owner reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. 2. Internal Accessory Dwelling Units and Junior Accessory Dwelling Units: The following standards apply to internal accessory dwelling units and internal junior accessory dwelling units: a. Number: One accessory dwelling unit or a junior accessory dwelling unit is allowed on a lot with a proposed or existing single-family dwelling. b. Limited Expansions for Internal Units: If the proposed accessory dwelling unit or junior accessory dwelling unit is within (a) the proposed space of a new single-family dwelling or (b) the existing space of an existing single-family dwelling or accessory structure, the accessory structure may be expanded no more than 150 square feet, for the limited use of accommodating ingress and egress. c. Independent Exterior Door: The accessory dwelling unit or junior accessory dwelling unit must provide an exterior door independent from the proposed or existing single-family dwelling. 3. Detached, New Construction, Accessory Dwelling Units: The following standards apply to detached, new construction accessory dwelling units. a. Four-Foot Setbacks: The minimum side, street side, and rear yard setback is four feet. Ordinance No. 20-1048 Page 6 of 11 b. Minimum Size: The accessory dwelling unit may not be more than 800 square feet. c. Maximum Height: The maximum height of a detached accessory dwelling unit must not exceed sixteen feet (16'), measured from the natural grade to the highest roof ridge or parapet. The height of the top plate must not exceed nine feet (9'). D. Multi-Family Zones and Uses: Accessory dwelling units are allowed on lots zoned for multi-family residential uses (including residential mixed use) and with an existing multi-family structure or structures. The following standards apply. 1. Internal Accessory Dwelling Units: a. Location: The accessory dwelling units must be located within portions of the existing multi-family dwelling structures that are not used as livable space. This may include, but is not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. b. State Building Standards: Each accessory dwelling unit must comply with state building standards for dwellings. c. Number: A multi-family site may contain at least one accessory dwelling unit. The number of additional accessory dwelling units may not result in an increase of more than 25 percent over the existing density of the site. 2. Detached Accessory Dwelling Units: a. Number: No more than two detached accessory dwelling units are allowed on lots that contain the existing multifamily dwellings. b. Maximum Height: The maximum height of a detached accessory dwelling unit must not exceed sixteen feet (16'), measured from the natural grade to the highest roof ridge or parapet. The height of the top plate must not exceed nine feet (9'). c. Four- Foot Setbacks: The minimum setbacks for the rear and sides is four feet. E. Standards for All Accessory Dwelling Units: Ordinance No. 20-1048 Page 7 of 11 1. Application: The development of accessory dwelling units or junior accessory dwelling units must comply with all other applicable zoning standards and specific plans standards, except otherwise modified by this Section or state law. 2. Minimum Size: No accessory dwelling unit may be smaller than 220 square feet. 3. Maximum Size: a. Studio Accessory Dwelling Units: Accessory dwelling units designed as a studio may not exceed 600 square feet. This limitation does not apply to junior accessory dwelling units. b. One Bedroom Accessory Dwelling Units: One bedroom accessory dwelling units may not exceed 850 square feet. c. More than One Bedroom Accessory Dwelling Units: accessory dwelling units may not exceed 1,000 square feet. 4. Development Standards that Preclude ADUs: The following development standards set forth in the Zoning Code may not be applied to preclude the construction of an accessory dwelling unit that is at least 800 square feet: a. Floor area ratio; b. Lot coverage; c. An accessory use must not exceed 50 percent the size of the primary dwelling; and d. Open space. 5. Maintaining Existing Setbacks: Existing side, street side, and rear yard setbacks may be maintained for any existing garage or other permitted existing accessory structure. 6. Shared Utilities: The accessory dwelling unit may share utility connections and meters with the primary dwelling or may be separately connected and metered. 7. Park Construction Fees: Accessory dwelling units of 750 square feet or more are subject to park construction fees, to be assessed in proportion to the square footage of the primary dwelling unit. 8. Fire Sprinklers: An automatic residential fire sprinkler system is required for all accessory dwelling units. However, the installation of fire sprinklers are not be Ordinance No. 20-1048 Page 8 of 11 required in an accessory dwelling unit if sprinklers are not required for the primary dwelling. 9. Certificates of Occupancy: A certificate of occupancy for an accessory dwelling unit should not be issued before the certificate of occupancy for the primary dwelling. 10. Parking Requirements: a. One open parking space is required for a detached accessory dwelling unit involving new square footage and having at least one bedroom. The space may be provided in tandem on an existing driveway. b. New parking spaces for an accessory dwelling unit may be located in the side and rear setbacks provided that a three-foot landscaped buffer will be created along the property line(s). c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, replacement parking is not required. d. If a house addition is also proposed for the primary dwelling in conjunction with a new accessory dwelling unit, replacement of the off- street parking must first be provided for the primary dwelling. e. Notwithstanding the parking standard for accessory dwelling units, parking will not be required for an accessory dwelling unit in any of the following instances: (1) The accessory dwelling unit is located within one-half mile of a public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. Ordinance No. 20-1048 Page 9 of 11 F. Design Standards: The following design standards apply if feasible. A design standard will be considered infeasible if implementing it will physically prohibit the creation of an ADU or JADU. 1. Doors Cannot Be Visible: The doors to all accessory dwelling units and junior accessory dwelling units may not be visible from the public right-of-way. If the accessory dwelling unit or junior accessory dwelling unit is located on the second floor of the main dwelling, the stairs leading to the unit must be located on the interior of the structure. 2. Garage Door Removal: When converting a garage into an accessory dwelling unit or junior accessory dwelling unit the garage door must be removed and sealed using a material the same as that of the adjoining wall material. 3. Front Entries: Accessory dwelling units and junior accessory dwelling units must be provided with a covered front porch or a recessed entry. The area may not be less than three feet deep measured to the post if it is a porch or to the wall if it is a recessed entry. 4. Walls and Fences: All attached and detached accessory dwelling units must have a view obscuring six-foot high wall or fence in good repair along the side and rear property lines nearest the accessory dwelling units. 5. Open Space: Accessory dwelling units should have a minimum of 400 square feet of open space with dimensions of no less than 10 feet. The open space should be directly accessible to the accessory dwelling unit. 6. Hedges: All attached and detached accessory dwelling units must have 15- gallon privacy hedges planted five feet on center along the side and rear property lines nearest the structure. This is not required for the conversion of an existing structure to an ADU if the setbacks are less than five feet. 7. Further Subdivision: The following are prohibited: a. Rooms not accessible to all occupants, b. Bedrooms with exit doors, and c. Wet bars in bedrooms or in a common living area. 8. Types of Rooms: An accessory dwelling unit can only include a kitchen, bedroom(s), and one of the following: living room, family room, den, office, rumpus room, etc. Ordinance No. 20-1048 Page 10 of 11 9. Number of Bathrooms: The number of bathrooms (not including powder rooms) cannot exceed the number of bedrooms. A powder room may be allowed if it is accessed from a common living area. A powder room is a bathroom that includes a sink and a toilet and does not include a bathtub and shower.” 10. Common Living Areas: An accessory dwelling unit must have no more than one common living area. A common living area is a room meant to be shared and used by all occupants and generally does not require a door to access. Examples of common living areas include living rooms, family rooms, dens, sunrooms, enclosed porches, rumpus rooms, dining rooms, recreation rooms, and the like. 11. Existing Architectural Styles: All accessory dwelling units must be consistent with the architectural style of the main dwelling including but not limited to the roof pitch, articulation, window size, proportion of window units to wall size, direction of opening, muntin pattern, exterior building materials, lighting fixtures, garage door design, and paint colors. 12. Exterior Doors: No more than one exterior door, not including a vehicle garage door, may be provided for the accessory dwelling unit. 13. Laundry Facilities: All proposed laundry facilities must be located within a structure and only accessible from the interior of the structure. G. Other Requirements: The following standards will apply to accessory dwelling units and junior accessory dwelling units as stated, below. 1. Short-Term Rentals: Rentals of less than a month are prohibited for accessory dwelling units, junior accessory dwelling units, and the primary residential `dwellings associated with accessory dwelling units or junior accessory dwelling units. 2. Existing Garages: Garages and carports constructed after January 1, 2020 cannot be converted to accessory dwelling units or junior accessory dwelling units unless the site is modified to meet the off-street parking requirement and floor area ratio. 3. Easements: An accessory dwelling unit should not be constructed within an easement area. H. Conflict Provisions: Except as expressly provided in this section, to the extent that any provisions of this code conflict with any provisions of this section, the provisions of this section will control. To the extent any provisions of this section conflict with state law, the mandatory requirements of state law will control, but only to the extent legally required. Ordinance No. 20-1048 Page 11 of 11 SECTION 8: The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 9: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines: Section 15282(h), which exempts from environmental review the adoption of an ordinance to implement Government Code Section 65852.2; Section 15303, pertaining to new construction or conversion of small structures, such as single family and multifamily residential structures; and Section 15061(b)(3) because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 10: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED THIS 20ST DAY OF October, 2020. ________________________ Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _______________________ Peggy Kuo, City Clerk Gregory M. Murphy, City Attorney City of Temple City Planning Commission Staff Report September 8, 2020 FILE: PL 20-2362 ADDRESS: Citywide DESCRIPTION: A Zoning Code Text Amendment to establish development standards for accessory dwelling units and junior accessory dwelling units. APPLICANT: City of Temple City PROJECT PLANNER: Hesty Liu, AICP, Associate Planner ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines: Section 15282(h), which exempts from environmental review the adoption of an ordinance to implement Government Code Section 65852, and Section 15305 (minor alterations to land uses limitations), as well as Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines which define that the proposed ordinance is not a ”project”. RECOMMENDATION: Adopt the attached resolution recommending that the City Council find that the project is exempt from CEQA and adopt the proposed ordinance. SUMMARY: On May 12, the Planning Commission reviewed the proposed ordinance and made the recommendation to the City Council adopting the proposed ordinance. After the Planning Commission meeting, the Department of Housing and Community Development (HCD) contacted the City and provided comments. HCD recommended that the City consider changes to the proposed ordinance to include: • Removing provisions related to fire safety • Removing the limitation on the number of bedrooms • Making objective design criteria more flexible September 8, 2020 Planning Commission Meeting Address: Citywide File: PL20-2362 Page 2 BACKGROUND: In 2019, the State passed laws requiring all local jurisdictions adopt, as early as January 1, 2020, an ordinance for accessory dwelling units (ADU) and junior accessory dwelling units (JADU). The ordinance must comply with and not be more restrictive than State law. After the adoption, the ordinance must be submitted to HCD for review. To comply with State law, the City Council on its February 18, 2020 meeting adopted an urgency ordinance to bringing the City’s code into compliance with State law. The City Council instructed staff to bring back a Zoning Code Amendment with expanded coverage to address concerns over the capacity of infrastructure, fire safety, and design. The Planning Commission on May 12, 2020 reviewed the draft ordinance and recommended that the City Council approve the ordinance. In the ordinance, staff recommended criteria related to fire safety and design Before the City Council could review the proposed code amendment, HCD contacted staff and expressed concerns. HCD commented that provisions for fire safety will be perceived as a potential prohibition of ADU construction. The proposed limit of two bedrooms for ADUs is also more restrictive than State law. The objective design criteria, although can be used to regulate the design quality, should be flexible enough to address special circumstances. For instance, the requirement of a front porch or recessed entry for an ADU may not be necessary for certain architectural styles. Based on the HCD’s comments, staff is recommending revisions to the ordinance. ANALYSIS: Removing the criteria for fire safety will require that the City address the issue through the Fire Department review. Staff will develop a procedure to ensure review by the Fire Department. The limit on the number of bedrooms is to prevent a project from having an excessive number of bedrooms. Since the state prohibits such an approach, staff will rely on the design criteria to control the quality of the projects. Staff recommends the following changes: Provisions removed from the ordinance (9-1T-13, C, 2d, and G, 4 a, b) 1. Five-Foot Setbacks: For fire safety purposes, an accessory dwelling unit or junior accessory dwelling unit must have an unobstructed five-foot setback from the rear and side property line. 2. Fire Access: All exterior building walls of the accessory dwelling unit must be within 150 feet of a vehicular access roadway that is a minimum of 20 feet wide, paved with concrete or asphalt, and not exceeding 15 percent grade. 3. Fire Flow Test: Prior to issuance of building permits the applicant must provide a fire flow availability test from the local water company and a will serve letter. If the fire flow test demonstrates less than 1,000 gallons per minute for non-sprinklered buildings or 500 gallons per minute for sprinklered buildings, the application must be reviewed by the Fire Department. September 8, 2020 Planning Commission Meeting Address: Citywide File: PL20-2362 Page 3 Changes made for the number of bedrooms (9-1T-13, E3, c and E4) a. Two Bedroom More than one bedroom: Two bedroom accessory dwelling units may not exceed 1,000 square feet. 2. Two-Bedroom Maximum: An accessory dwelling unit may not contain more than two bedrooms. Changes made to the objective design criteria: (9-1T-13, F title line) A. Design Standards: The following design standards apply if feasible. A design standard will be considered infeasible if implementing it will physically prohibit the creation of an ADU or JADU. FINDINGS: Findings for a Zoning Code Text amendment as required by TCMC Section 9-1C-6 are provided in the attached resolution. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15305 (Minor Alterations in Land Use Limitations), 15378, and 15061(b)(3) of the California CEQA Guidelines, and Public Resources Code Section 21080.17. RECOMMENDATION: Adopt the attached resolution recommending that the City Council find that the project is exempt from CEQA and adopt the proposed ordinance. ATTACHMENTS: 1. Planning Commission Resolution 2. Draft Ordinance 3. May 12, 2020 Staff Report for the Planning Commission City of Temple City Planning Commission Staff Report May 12, 2020 FILE: PL 20-2362 ADDRESS: Citywide DESCRIPTION: A Zoning Code Text Amendment to establish development standards for accessory dwelling units and junior accessory dwelling units. APPLICANT: City of Temple City PROJECT PLANNER: Hesty Liu, AICP, Associate Planner ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines: Section 15282(h), which exempts from environmental review the adoption of an ordinance to implement Government Code Section 65852, and Section 15305 (minor alterations to land uses limitations), as well as Sections 15061(b)(3) and 15378(b)(5) of the CEQA Guidelines which define that the proposed ordinance is not a ”project”. RECOMMENDATION: Adopt the attached resolution recommending that the City Council find that the project is exempt from CEQA and adopt the proposed ordinance. SUMMARY: On February 18, 2020, the City Council adopted Urgency Ordinance No. 20-1040U to mirror the requirements of the state legislation passed in 2019 for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). This Zoning Code Text Amendment is a follow-up effort to expand the coverage of the ordinance so that concerns about infrastructure and fire safety can be addressed. This ordinance also includes additional objective architectural design standards. The following are the critical issues that staff has identified and discussed in this staff report:  Water and Sewer Infrastructure  Fire Safety  Objective Architecture Design Standards May 12, 2020 Planning Commission Meeting Address: Citywide File: 20-2362 Page 2 BACKGROUND: Temple City adopted its ADU ordinance in 2017, based on the requirements of California Government Code Section 65852.2. Within three years of the adoption, the City received and processed a total of 125 ADU applications, which is an average of 41 cases per year. Last year, the state passed new laws modifying the development standards to further promote ADUs. Among those, AB 68 and AB 881 are the two which had the most effect on the zoning power of local jurisdictions. The two laws require that a local jurisdiction must reduce or remove some development standards to encourage the construction of ADUs. Where JADUs were once optional, now all jurisdictions must allow their construction if certain conditions are met. In addition, ADUs must also be permitted in multi-family and mixed-use zones. These state laws became effective on January 1, 2020 and took precedence over any existing local ordinance which was not consistent with provisions of state law. Earlier this year staff prepared an urgency ordinance to bring Temple City’s rules into conformance with the state law. The City Council adopted the urgency ordinance at its February 18, 2020 meeting. ANALYSIS: The previous urgency ordinance made the following changes to the Zoning Code, which have been carried forward in the proposed Ordinance: 1. ADUs are allowed in all residential zones, including the mixed-use zone. 2. ADUs in the multi-family and mixed-use zones can use existing non-habitable space to create ADUs; the increase in density of the site cannot exceed 25 percent of the existing density. 3. JADUs are allowed in the single-family zone, must use the existing floor area, and must be owner occupied. 4. If meeting certain conditions, an ADU and JADU are both possible for a single-family residence. 5. Covenants, Conditions, and Restrictions or a single-family homeowner association must not be used to prohibit ADUs. 6. The standards for open space, floor area ratio, and lot coverage cannot be used to prevent the creation or construction of an ADU, which must be allowed at a size of at least 800 square feet. 7. No parking is required for the primary residence if its garage is removed or converted for the construction of an ADU. 8. No parking is required for an ADU if it is within one-half mile of a bus stop. 9. No parking is required for a detached, studio-unit ADU. 10. Tandem parking in the driveway must be counted towards meeting the parking requirement. 11. If an ADU contains more than one bedroom the ADU can be up to 1,000 square feet. At the time of adopting the urgency ordinance, staff informed the City Council that they will bring back a Zoning Code Text Amendment with additional analysis. State law does not allow a jurisdiction to use a development standard more stringent than what state law prescribed. State law allows a jurisdiction to designate areas where ADUs can b e constructed based on the capacity of sewer infrastructure and fire safety. The City’s sewer system is aging, with some portions considered deficient by engineering standards. Staff believes that evaluat ing water and sewer capacity is necessary to accommodate growth. May 12, 2020 Planning Commission Meeting Address: Citywide File: 20-2362 Page 3 Fire prevention is also an important topic as it directly relates to the life and safety of Temple City residents. Since the State continues to allow a City to use objective design standards, staff recommends additional criteria to promote quality designs. The following is the analysis on the se three issues. Impacts on City Infrastructure – Water and Sewer: State law allows cities to prohibit ADUs in areas where water and sewer services are not adequate. Staff looked at the adequacy of water and sewer infrastructure to determine if ADUs should be prohibited in certain areas. In terms of water, the recent General Plan update included significant outreach with the City’s water companies. Each water company demonstrated sufficient water capacity to meet the City’s General Plan buildout projections. Sewer capacity is a more complicated issue. Temple City has about 75 miles of sewer pipelines varying from a diameter of six inches to 15 inches. Most of the sewer system is clay pipe laid in the 1950s and 1960s, most of which have reached and exceeded their life expectancy (50 to 60 years). L.A. County, through the Sewer Condition Assessment Program, conducted inspections in 2010, 2011, and 2016 of the City’s entire system, and recommends replacing pipelines exceeding a D/d factor of 0.625. The D/d factor is the diameter divided by the depth of effluent flow. In terms of the deficiency, the City’s Sewer Master Plan of 2017 identified four levels of deficiency classified as Priority 1 through Priority 4. The definitions of the four priorities are provided as the following:  Priority 1: The sewer pipes under this category have a depth ratio greater than 90 percent under the existing peak flow condition. The study concluded that a high priority ("Priority 1") relief project was needed to immediately address the hydraulic constraints. The City has since completed all the priority 1 relief projects.  Priority 2: The sewer pipes under this category have a depth ratio greater than 90 percent under the ultimate peak flow condition. A "Priority 2" relief project might be needed within the next 5 years to address the hydraulic constraints.  Priority 3: The sewer pipes under this category have a depth ratio greater than 50 percent and less than 90% under the existing peak flow condition. The hydraulically restricted pipes under this category require near term ("Priority 3") relief project to remove the hydraulic constraints.  Priority 4: The sewer pipes under this category have a depth ratio greater than 50 percent and less than 90% under the ultimate peak flow and not under the existing condition. A "Priority 4" relief project might be needed within the next 10 years to address the hydraulic constraints. To reduce a new project’s impact on the sewer system, the City relies on municipal code section 6-2B which requires new developments to pay a sewer reconstruction fee based on the amount of effluent the project will produce. The City Engineer requires sewer studies for larger developments to determine a project’s specific impact on the sewer system and requires the developer to either physically mitigate the impact or pay an in-lieu fee. These tools to mitigate the impact of ADUs on the City’s sewer system are limited under State law. State law does not allow the City to charge such impact fees on ADUs less than 750 square feet and for ADUs larger than 750 square feet the fee must be “proportional.” May 12, 2020 Planning Commission Meeting Address: Citywide File: 20-2362 Page 4 Typically, if a City were to pose an increase in the density of development in an area, staff would be required to perform a CEQA review. This review would analyze if the City’s infrastructure would be sufficient to meet the future demand. If it was not, then measures to mitigate or lessen the impact of a project would be put into place to reduce the impact of new development. For sewers and other infrastructure, such as parks, this would typically mean the development of a fee charged to each new development so that the City could make improvements to the infrastructure. In this case, the State did not perform this analysis, but the State prohibits the charging of fees on a unit 750 square feet or less. Since the City cannot charge additional fees to reduce the impact of ADUs, another alternative would be to prohibit them. This, however, would be seen by the State and potential litigants as unfairly targeting ADUs, since someone could construct a large mixed use project as long as its impact on the sewer could be mitigated but an ADU which would pose a much smaller and negligible impact would be prohibited. Staff believes that at the current pace of construction (46 units per year), the City’s sewer system would not fail within the next five years. In consultation with the City Attorney’s Office and the City Engineer, staff believes the appropriate action given the existing State law is to not prohibit ADUs based on sewer infrastructure. Life and Safety Issues: Temple City has a small percentage of lots which are located along an easement driveway or a private street. Those driveways/streets act not just as a driveway for residents, but also for emergency vehicles. Some of these driveways are less than 20 feet wide which is a substandard dimension. To further exacerbate the issue residents sometimes park in these driveways, precluding emergency access to the properties. The City does not have the ability to enforce parking restrictions unless the space is a marked fire lane. ADUs and JADUs can potentially triple the number of families on each lot. Since most ADUs and all JADUs do not require additional parking it is highly likely that people will park vehicles in the driveway. This in turn will limit the ability of people to use the driveway and will preclude fire engines from accessing the properties. To address such a concern, staff incorporated two requirements in the proposed ordinance. The first requirement states that an ADU and/or JADU must be within a 150 feet of a 20 feet roadway (this is a requirement of Section 503 of the Fire Code). The second requires a fire flow test and fire department review if the flow level is low. The two requirements will prepare the property owners to deal with the fire safety issues early in the process when planning for an ADU and/or a JADU. Protecting Single-Family Neighborhoods through Objective Architecture standards: When the City adopted its urgency ordinance, staff transferred most of the objective design standards from the existing ordinance to the urgency ordinance. Those standards will ensure that the ADUs will be architecturally compatible with the primary residence. In this Zoning Code Amendment, staff proposes to add additional criteria. The new criteria prohibit certain floor characteristics such as rooms not accessible from the common area, exits doors for bedrooms, and a wet bar inside a bedroom. The number of bathrooms is limited to the number of bedrooms with the exception that a powder room is allowed in the common area. The proposed code also prohibits any rooms other than a bedroom, kitchen, bathroom or living room and limits each unit to one common living area. The laundry facilities are required to be placed inside the structure. May 12, 2020 Planning Commission Meeting Address: Citywide File: 20-2362 Page 5 FINDINGS: Findings for a Zoning Code Text amendment as required by TCMC Section 9-1C-6 are provided in the attached resolution. ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15305 (Minor Alterations in Land Use Limitations), 15378, and 15061(b)(3) of the California CEQA Guidelines, and Public Resources Code Section 21080.17. RECOMMENDATION: Adopt the attached resolution recommending that the City Council find that the project is exempt from CEQA and adopt the proposed ordinance. ATTACHMENTS: 1. Planning Commission Resolution 2. Ordinance No. 20-1041