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HomeMy Public PortalAbout15) 9C-1 Staff Report - Ordinance Amendment -Implementing Housing ElementAGENDA ITEM 9.C. COMMUNITY DEVELOPMENT DEPARTMENT DATE: August 20, 2013 TO: The Honorable City Council MEMORANDUM FROM: Jose E. Pulido, City Manager Via: Mark Persico, AICP, Co munity Development Director By: Paul Deibel, AICP, Community Development Project Manager Peter Sun, Management Analyst SUBJECT: PUBLIC HEARING: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 13-972, AN ORDINANCE AMENDING THE MUNICIPAL CODE TO IMPLEMENT THE HOUSING PROGRAMS OUTLINED IN THE 2008-2014 HOUSING ELEMENT RECOMMENDATION: The City Council is requested to: a) Introduce and hold a public hearing regarding Ordinance No. 13-972 (Attachment "A") for first reading by title only, amending the Municipal Code to implement the housing programs outlined in the 2008-2014 Housing Element; b) Waive further reading of Ordinance No. 13-972; and c) Schedule the second reading of the Ordinance for September 3, 2013. BACKGROUND: 1. On October 19, 2009, the City submitted a draft update of the housing element of the General Plan to the State of California Department of Housing and Community Development (HCD). 2. On December 16, 2009, the City received a letter from HCD advising that while the submitted draft element addressed some statutory requirements that had not been adequately addressed in a prior submittal in 2008, additional revisions were still necessary. In particular, per HCD, the element "still does not include a complete analysis of sites to accommodate the regional housing needs allocation." City Council August 20, 2013 Page 2 of 5 3. On April 28, 2011, the City Council adopted the FY 2011-13 City Council Priorities and City Manager's Action Plan. An important objective of this work plan is the adoption of an update to the housing element that will address housing needs for all segments of the community, and do so in a manner consistent with state statutes on housing element content. 4. On December 9, 2011, the City approved a consultant services agreement with Karen Warner Associates, a well -experienced housing planning firm, to comprehensively revise the City's draft housing element so that it would meet the community's housing -related goals and objectives in a manner consistent with state statutory requirements for local housing elements. 5. On September 21, 2012, staff conveyed the first draft of the new housing element update to the City Council and Planning Commission along with a cover memorandum dated September 21, 2012 providing background on the housing planning process in California, and how the City's share of regional housing need is established through the Regional Housing Needs Assessment (RHNA) process. 6. On September 27, 2012, the City Council and the Planning Commission conducted a joint study session on the new draft update of the housing element and authorized the re -submittal of the draft housing element update to HCD to ensure that the element addresses the community's housing needs in a manner consistent with state statutes. 7. On December 4, 2012, the City received a letter from HCD indicating that, subject to one minor revision, the draft housing element would meet the requirements of state law for housing elements. 8. On March 26, 2013, a copy of the revised draft City of Temple City 2008-2014 Housing Element/Public Hearing Draft was conveyed to each member of the City Council along with a cover memorandum that provided an assessment of the most recent comments from HCD, and a draft of the Initial Study. 9. On April 9, 2013, the Planning Commission reviewed and recommended to the City Council to adopt the 2008-2014 Housing Element and Mitigated Negative Declaration. 10. On May 7, 2013, the City Council adopted the 2008-2014 Housing Element and Mitigated Negative Declaration. 11. On July 23, 2013, the Planning Commission reviewed and recommended to the City Council to adopt Ordinance No. 13-972, implementing the 2008-2014 Housing Element programs. The Planning Commission staff report and attachments are attached for reference (Attachment "B"). City Council August 20, 2013 Page 3 of 5 12. On August 5, 2013, public notices regarding the City Council hearing on Ordinance No. 13-972 was published in the Temple City Tribune. 13. On August 6, 2013, the City Council adopted Ordinance No. 13-976 amending the Downtown Specific Plan to implement one of 18 housing element programs by adding mixed-use development standards and modifying the requirements for multi- family and senior citizen housing projects. ANALYSIS: To maintain General Plan consistency and implement the recent City Council adopted 2008-2014 Housing Element, it is necessary to amend the City's Zoning Code. The current Zoning Code provides adequate standards of development for a predominately single family neighborhood and does not permit special needs housing such as emergency shelters, community care facilities, single room occupancies, or transitional and supportive housing. While the current Zoning Code sufficiently guides the current variety of infill development, there is clearly a growing demand for housing evidenced by rising housing prices and Southern California Association of Government's (SCAG) projected regional housing needs. The current parking and density requirements are inflexible and do not support comprehensive or imaginative designs. Without changes to the zoning code, opportunities for high-quality development will be limited. Ordinance No. 13-972 makes amendments to the Zoning Code to implement seven of 18 programs outlined in the adopted 2008-2014 Housing Element to allow the development of housing to meet the needs of low- and moderate -income households, and to address or remove constraints to the maintenance, improvement, and development of housing. One housing program has been already adopted on August 6, 2013 by Ordinance No. 13-976. The remaining programs are not implementable through a Zoning Code amendment. These amendments must be adopted and effective by October 2013 prior to HCD review of the 2013-2021 Housing Element update currently in progress in order to demonstrate implementation of adopted housing programs. Ordinance No. 13-972 proposes key changes to the Zoning Code to implement Housing Element programs designed to allow the development of housing to meet the needs of low- and moderate -income households, and to address or remove constraints to the maintenance, improvement, and development of housing. The following are the key changes to the Zoning Code: 1. To target growth in R-3 lots not adjoining the R-1 zoning district, R-3 standards of development are being modified to allow multi -family residential development at a density of 20-30 units per acre and changing requirements City Council August 20, 2013 Page 4 of 5 related to parking standards and building height; 2. Incentives are being created to encourage consolidation of R-3 lots into larger development sites in order to achieve the scale and quality of development envisioned for the area, and to offer density bonuses and concessions to developments offering affordable housing, senior housing, or land donations for affordable housing; 3. To facilitate the development of a variety of housing types for special needs persons, Ordinance No. 13-972 makes amendments to allow the development of single -room occupancies, community care facilities, emergency shelters, transitional and supportive housing in specified zones to comply with state legislation; and 4. A reasonable accommodations procedure is being created to allow exceptions to development standards to accommodate the needs of persons with disabilities. Ordinance No. 13-972 will help ensure HCD certification of the upcoming 2013-2021 Housing Element, qualify the City for an eight-year Housing Element update instead of four-year, and have the City eligible for various state and transportation grants. Furthermore, these amendments maintain Zoning Code consistency with the General Plan and protect the City from lawsuits. Adoption of Ordinance No. 13-972 is also necessary to meet California state legislation Senate Bill (SB) 2 and SB 1818, which require localities to establish density bonuses and concessions to provide incentives for development of affordable, senior, and child care facilities; and to establish emergency shelters, transitional housing, and supportive housing as permitted use. The amendments proposed by Ordinance No. 13-972 have been reviewed and recommended for adoption by the Planning Commission and must be effective by October 2013 prior to HCD review of the 2013-2021 Housing Element Update. XORI9RW1116101 The City Council is requested to adopt Ordinance No. 13-972 to bring the City into compliance with SB 1818 and SB 2 and to maintain General Plan consistency with the Zoning Code. FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2013-14 City Budget. City Council August 20, 2013 Page 5 of 5 ATTACHMENTS: A. Ordinance No. 13-972 B. Planning Commission Staff Report dated July 23, 2013, and attachments thereto C. Addendum to Mitigated Negative Declaration ATTACHMENT A ORDINANCE NO. 13-972 Is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE TO IMPLEMENT THE PROGRAMS OUTLINED IN THE 2008-2014 HOUSING ELEMENT THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information contained in the staff report to the Planning Commission dated July 23, 2013; and on information and public input which was received at the noticed public hearings before the Planning Commission on April 9, 2012 and July 23, 2013, and at the City Council and Planning Commission Joint Study Session on September 27, 2012; and on information contained in the 2008-2014 Housing Element adopted on May 7, 2013; the City Council hereby amends the Zoning Code as described in Sections 3 to 17 below: SECTION 2. This project which involves modifying sections of the Temple City Municipal Code to assist in the development of housing to meet the needs of low- and moderate -income households, and to address or remove constraints to the maintenance, improvement, and development of housing, is not anticipated to result in any significant effects upon the environment and a Categorical Exemption has been prepared in accordance with the State CEQA Guidelines. The initial statement as prepared indicates that there is no potential for adverse impact to the environment as it relates to all wild animals, birds, plants, fish, amphibians and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. SECTION 3. Section 9362(8) of the Zoning Code, "Standards of Development" permitted in the R-3 Zone, is hereby amended to read as follows: "B. Buildings: 1. Length: No building or structure shall exceed a length of one hundred fifty feet (150'). 2. Height Limits: a. R-3 zoned lots except those adjoining R-1 zoned lots: Buildings shall not exceed a maximum height of three (3) stories or forty feet (40'), whichever is less. b. R-3 zoned lots adjoining R-1 zoned lots: Buildings shall not exceed a maximum height of two (2) stories or thirty feet (30'), whichever is less 3. Lot Area Per Dwelling Unit: ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 2 a. R-3 zoned lots except those adjoining R-1 zoned lots: Lot area per dwelling unit shall not exceed two thousand one hundred and seventy-eight (2,178) square feet nor be less than one thousand four hundred and fifty-two (1,452) square feet. b. R-3 zoned lots adjoining R-1 zoned lots: Minimum lot area per dwelling unit shall be two thousand four hundred (2,400) square feet. 4. Minimum Gross Floor Area for Dwelling Units: a. Bachelor units shall contain not less than six hundred (600) square feet. b. One bedroom units shall contain not less than seven hundred fifty (750) square feet. c. Two (2) bedroom or one bedroom and den units shall contain not less than nine hundred (900) square feet. d. Three (3) bedroom or two (2) bedroom and den units shall contain not less than one thousand one hundred (1,100) square feet. e. Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit. 5. Stairways: No exterior stairway shall be placed in front of, and within ten feet (10'), of any door or window. 6. Elevators: All buildings containing dwelling units above the third floor shall be served with elevators in addition to the stairways otherwise required by law. For purposes of this section the number of floors, in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off street parking areas. 7. Off Street Parking Standard: Each lot in the R-3 zone shall have, on the same lot or parcel of land, parking spaces as provided in section 9291 as amended. At least two (2) parking spaces shall be provided per dwelling unit and shall be located in a garage, and one (1) additional space, which shall be open and unenclosed, shall be provided for each two (2) units or any fraction thereof. Such parking facilities shall be conveniently accessible and located only on such portions of the lot or parcel of land upon which structures may be erected. The off street parking spaces which are required to be located in a garage shall be located upon the lot so that the vehicular access thereto is not directly visible from a public street. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 3 8. Off Street Parking Reduction: For R-3 zoned lots that do not adjoin R-1 zoned lots the off street parking standard may be reduced subject to approval by the director of a study adequately demonstrating reduced parking demand resulting from transit accessibility or other factors. 9. Subterranean and semi -subterranean parking shall be allowed only on R-3 zoned lots not adjoining R-1 zoned lots and shall not be considered as a story of the building. For purposes of this section, subterranean and semi - subterranean parking shall mean any construction project which entails excavation, grading and/or mounding of earth so as to change the existing grade of the lot by more than 18 inches for the specific purpose of providing off street parking beneath living area." SECTION 4. The following provision is hereby added in numerical order to Zoning Code Section 9362(F), "Special Development Criteria" in the R-3 Zone, to Section 9352(1), "Special Development Criteria" in the R-2 Zone; and to Section 9333, "Standards of Development" in the R-1 Zone under a new subsection "K" titled "Special Development Criteria", and numbered as 1: "New dwellings constructed within 500 feet of an arterial street or a railway shall be provided with a mechanical ventilation system designed to attain enhanced air filtration with the use of air filters that have a filtration efficiency equivalent to a Minimum Efficiency Reporting Value (MERV) of 14 or higher as determined by testing methods established by the American Society of Heating, Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed, operated, maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks, landscaped buffers, etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein. SECTION 5. Section 9362(1) of the Zoning Code, "Conditional Use Permit Required" in the R-3 Zone, is hereby deleted. SECTION 6. Section 9352(K) of the Zoning Code, "Conditional Use Permit Required" in the R-2 Zone, is hereby deleted. SECTION 7: Section 9362.1, "R-3 Zone Lot Consolidation Incentives", is hereby added to the Zoning Code to read as follows: ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 4 "9362.1: R-3 Zone Lot Consolidation Incentives: A. Incentives: The following incentives are intended to encourage the consolidation of smaller R-3 zoned lots into larger development sites in order to achieve the scale and quality of development envisioned for the area. 4 to 6 lots: 15% increase in number of allowable units 10% reduction in guest parking 7 or more lots: 20% increase in number of allowable units 10% reduction in guest parking" Through the development agreement process, the city may consider other lot consolidation incentive bonuses such as increased building height, vacation of alleys, reductions in processing fees, in -lieu fees, or utility connection fees. The extent of such bonuses may vary on a case-by-case basis subject to agreement between a project applicant and the city." SECTION 8: Article V, "Density Bonus", is hereby added to the Zoning Code to read as follows: ARTICLE V. DENSITY BONUS 9470: Purpose. This section establishes procedures to implement state density bonus law as set forth in Government Code Sections 65915 to 65918. The incentives in this section are used by the city as a means of meeting its commitment to encourage the provision of affordable housing to all economic groups living within the community. A. Applicability: The provisions of this section apply only to multi -family residential and mixed-use development projects consisting of five (5) or more dwelling units not including units granted as a density bonus. B. Definitions: Certain key terms used in this article are defined under the term "Affordable Housing Definitions" in Section 9109 ("Definitions"). 9470.1: Density Bonus Allowance. A. Density bonus allowance. A request for a density bonus shall not require any discretionary approval by the city. A request for a density bonus pursuant to this article shall only be granted if an applicant seeks and agrees to construct a residential development with one of the following attributes: ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 5 1. At least 5 percent of the dwelling units are dedicated to occupancy by very low-income households; 2. At least 10 percent of the dwelling units are dedicated to occupancy by low-income and very low-income households; 3. At least 10 percent of the dwelling units are dedicated for sale to and occupancy by moderate -income households, and are located in a development in which all of the dwelling units are available for sale to the general public; or, 4. At least 35 dwelling units are provided in a senior housing development in which all dwelling units are dedicated for occupancy exclusively by persons aged 55 and older and by those residing with them. B. Density bonus calculation. In calculating the number of affordable dwelling units required for a density bonus, the density bonus units shall not be included. 1. The density bonus for providing dwelling units affordable to very low-income households shall be calculated as follows. Table 1: Increase in Allowable Density for Very Low -Income Units Percentage of Very Low - Income Units 5 6 7 8 9 10 11 Percentage Density Bonus] 20 22.5 25 27.5 30 32.5 35 2. The density bonus for providing dwelling units affordable to low-income households shall be calculated as follows. Table 2: Increase in Allowable Density for Low -Income Units Percentage of Low-income Units . 10 11 12 13 14 15 Percentage Density Bonus 20 21.5 23 24.5 26 27.5 ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 6 16 29 17 30.5 18 32 19 33.5 20 35 3. The density bonus for providing ownership dwelling units affordable to moderate -income households shall be calculated as follows: Table 3: Increase in Allowable Density for Moderate -Income Ownership Units Percentage of Moderate - Percentage Density Bonus Income- Units 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 I 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 7 C. Senior development. The density bonus for a senior housing development with 35 or more dwelling units dedicated for occupancy by persons aged 55 and older and those residing with them shall be 20 percent. D. Bonuses not combined. The density bonuses that are available to a development under this section shall not be combined. 9470.2: Concessions and Other Incentives A. Concessions and other incentives. An applicant who utilizes the density bonus provisions of this chapter may request one or more concessions or other incentives as follows. 1. One concession or other incentive for developments that dedicate at least 5 percent of the dwelling units for affordable occupancy by very low-income households, 10 percent of the dwelling units for affordable occupancy by low-income households, or 10 percent of the dwelling units for affordable occupancy by moderate -income households when the all of the units in the development are available for sale to the public, including the affordable u n its. 2. Two concessions or other incentives for developments that dedicate at least 10 percent of the dwelling units for affordable occupancy by very low- income households, 20 percent of the dwelling units for affordable occupancy by low-income households, or 20 percent of the dwelling units for affordable occupancy by moderate -income households when all of the units in the development are available for sale to the public, including the affordable units. 3. Three concessions or other incentives for developments that dedicate at least 15 percent of the dwelling units for affordable occupancy by very low- income households, 30 percent of the dwelling units for affordable occupancy by low-income households, or 30 percent of the dwelling units for affordable occupancy by moderate -income households when all of the units in the development are available for sale to the public, including the affordable units. B. Affordable Housing Concession Permit. An application for an Affordable Housing Concession Permit shall be filed in compliance with the application process in Section 9180, "Site Plan Review". The application shall be accompanied by any supplemental information requested by the director. C. Procedure. The procedure for review of an application for an Affordable Housing Concession Permit shall be the same as that for a Site Plan Review ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 8 pursuant to Section 9180, "Site Plan Review." An Affordable Housing Concession Permit may be granted with approval by the Site Plan Review approval body. The approval body may: 1. Approve the concession and/or other incentive described in the application for the Affordable Housing Concession Permit. 2. Deny the concession and/or other incentive described in the application for the Affordable Housing Concession Permit. 3. Approve one or more concessions and/or other incentives and deny one or more other concessions and/or incentives, if more than one concession or other incentive is described in the application for the Affordable Housing Concession Permit. D. Findings. A concession or other incentive shall be approved upon making the following findings. 1. The concession or incentive is required in order for the designated units to be affordable. 2. The concession or incentive would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 9470.3: Waiver of Development Standards A. Waiver of Development Standards. If compliance with a development standard would physically preclude construction of a residential or mixed-use project utilizing a density bonus, and any concession or incentive approved in compliance with this article, the applicant may submit a proposal for waiver or reduction of the development standard. B. Waiver of Development Standards Permit. An application for a Waiver of Development Standards Permit shall be filed in compliance with the application process in Section 9180, "Site Plan Review". The application shall be accompanied by any supplemental information requested by the director. C. Procedure. The procedure for review of a Waiver of Development Standards Permit shall be the same as for a Site Plan Review pursuant to Section 9180. A ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 9 Waiver of Development Standards Permit may be granted with approval by the Site Plan Review approval body. The approval body may: 1. Approve the waiver and/or reduction of development standard; or 2. Deny the waiver and/or reduction in development standard; or 3. Approve one or more waivers and/or reductions and deny one or more other waivers and/or reductions, if more than one waiver or reduction is described in the application. D. Findings. A Waiver of Development Standards Permit shall be approved upon making the following findings. 1. The waiver or reduction in a development standard is required for construction of the development project at the density to which the project is entitled and with all concessions or other incentives approved for the project. 2. The waiver or reduction in a development standard will not have a specific adverse impact on public health, public safety, or the physical environment, and will not have an adverse impact on a property that is listed in the California Register of Historical Resources. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 3. The waiver or reduction in a development standard is necessary because application of the development standards would physically preclude construction of a project utilizing a density bonus, concession or incentive. 9470.4: Child Day -Care Center Bonus or Concession A. Floor area bonus or concession for inclusion of child day-care facility. An application for a development project that complies with the density bonus requirement of this section and also includes a child day-care center that will be located on the premises as part of the project, or at a location adjacent to the project, may request one additional bonus or concession as follows. 1. Additional net floor area for housing units that is equal to or greater than the net floor area in the child day-care center. 2. A concession that contributes significantly to the economic feasibility of the construction of the child day-care center. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 10 B. Child Day -Care Bonus or Concession Permit. An application for a Child Day - Care Bonus or Concession Permit shall be filed in compliance with the application process in Section 9180, "Site Plan Review'. The application shall be accompanied by any supplemental information requested by the director. C. Procedure. The procedure for review of a Child Day -Care Bonus or Concession Permit shall be the same as for a Site Plan Review pursuant to Section 9180, "Site Plan Review". Child Day -Care Bonus or Concession Permits may be granted with approval by the Site Plan Review approval body. The approval body may: 1. Approve the bonus or concession described in the application for the Child Day -Care Bonus or Concession Permit, if the findings below are made. 2. Deny the bonus or incentive described in the application for the Child Day Care Bonus or Concession Permit, if the necessary findings cannot be made. D. Findings. A child day-care bonus or concession shall be approved upon making the following findings. 1. The bonus or concession would contribute significantly to the economic feasibility of the construction of the child day-care center. 2. The bonus or concession would not have a specific adverse impact on public health, public safety, or the physical environment, and would not have an adverse impact on a property that is listed in the California Register of Historical Resources. A specific adverse impact is a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. E. Conditions of approval. The child day-care center shall comply with conditions of approval as follows. 1. The child day-care center shall remain in operation for a period of time that is equal to or longer than the period during which the dwelling units in the development that are dedicated for affordable occupancy are required to remain affordable. 2. Of the children who attend the child day-care center, the children from households of very low income, low income, or moderate income shall equal a percentage that is equal to or greater than the percentage of ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 11 dwelling units in the development that are dedicated for affordable occupancy by households of very low, low or moderate income. 9470.5: Bonus for Donation of Land A. Bonus for Donation of Land. An applicant for a tentative subdivision map, parcel map, or other residential development approval who donates land to the city which is suitable for the development of dwelling units affordable to very low income households shall be entitled to a bonus in residential density for the entire development above the density allowable under this chapter and the land use element of the general plan. B. Requirements for bonus. The donation of land shall meet the following requirements in order to be eligible for a density bonus. 1. The applicant shall donate and transfer the land no later than the date of approval of the final tract or parcel map, or application for the construction of residential units. 2. The developable acreage and zoning classification of the land being transferred shall be sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development. 3. The transferred land shall be at least one acre in size or of sufficient size to permit development of at least 40 dwelling units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. 4. The transferred land shall have appropriate zoning and be subject to development standards that would allow feasible development of the affordable units. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for development of the very low-income housing units on the transferred land. 5. The transferred land and the affordable units shall be subject to a deed restriction approved by the city attorney ensuring continued affordability of the units, consistent with Section 9470.8 ("Enforcement of Affordability"). 6. The land shall be transferred to the City of Temple City or to a housing developer approved by the City of Temple City. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 12 7. The transferred land shall be located within the boundary of the proposed development or, with approval of the director, within one-quarter mile of the boundary of the proposed development. 8. A bonus shall not be granted unless a source of funding for the very low income units has been identified not later than the date of approval of the final parcel or tract map or application for the construction of residential units. C. Density bonus. The density bonus for donation of land for development of dwelling units affordable to very low income households shall be based on the number of such affordable dwelling units that can be developed on the donated land as a percentage of the otherwise maximum residential density allowed for the development, calculated as follows. Table 4: Increase in Allowable Density for Donation of Land for Very -Low Income Units Percentage of Very _ Percentage Density„ Low -Income' Units- " . Boners 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 D. Bonuses may be combined. A bonus for the donation of land may be combined with a bonus granted under Section 9470.1, "Density Bonus Allowance," up to a maximum combined density bonus of 35 percent. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 13 9407.6: Condominium Conversions A. When an applicant for approval to convert an apartment complex to a residential condominium complex agrees to make at least thirty-three (33) percent of the total dwelling units of the proposed condominium complex affordable to persons and families of low or moderate income for thirty (30) years, or make fifteen (15) percent of the total dwelling units of the proposed condominium complex affordable to low or very low income households for thirty (30) years, and agrees to pay for the administrative costs incurred by the city to process the application and to monitor the future occupancy of the affordable dwelling units, the city shall either: (i) grant a density bonus with an increase in dwelling units of up to 25 percent over the number of apartments to be provided within the existing structure or structures proposed for conversion, or (ii) provide other incentives of equivalent financial value to be determined by the city. B. The city may place such reasonable conditions on the granting of a density bonus or other incentives of equivalent financial value as it finds appropriate, including, but not limited to, conditions which assure continued affordability of dwelling units to subsequent purchasers who are persons and families of moderate, low or very low income households. C. For purposes of this section, 'other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation but may include the reduction or waiver of requirements, other than those related to Building Code requirements or other health and safety standards, which the city might otherwise apply as conditions of conversion approval. D. Nothing in this section shall be construed to require the city to approve a proposal to convert apartments to condominiums. E.. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously provided. 9470.7: Alternative Parking Standards A. An applicant that is entitled to a density bonus may request the following alternative parking standards for the development. Table 5: Alternative Parking Standards ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 14 Number of Be_ Brooms I On Site Parking Spaces . 0-1 1 2-3 2 4 or more 2.5 1. If the total number of parking spaces required for the development is other than a whole number, the number shall be rounded up to the next whole number. 2. A development may provide on-site parking through tandem parking or uncovered parking on the development site. 9470.8: Enforcement of Affordability A. Low and very low income affordable units. Before issuance of a building permit for a development with a density bonus for provision of dwelling units affordable, as defined in the Health and Safety Code Sections 50053 and 50052.5, to low and/or very low income households, a covenant or other document approved by the city attorney shall be recorded and shall ensure that the dwelling units affordable to low and/or very low income households are at all times rented or sold at a price affordable to such households with the applicable income level for at least 30 years, all in a manner consistent with the applicable provisions of Government Code Section 65915(c). B. Moderate income affordable units. Before issuance of a building permit for a development with a density bonus for provision of dwelling units designated for sale at a price affordable, as defined in the Health and Safety Code Section 50052.5, to moderate income households, a covenant or other document approved by the city attorney shall be recorded and shall: (a) ensure that the moderate income affordable units are initially occupied by persons or families with a moderate income, (b) ensure that such units are sold at a price that is affordable to moderate income households, and (c) provide the terms governing any subsequent resale of the affordable dwelling unit. A dwelling unit affordable to moderate income households may be offered for subsequent sale to another moderate income purchaser at a price affordable to the moderate income household and subject to the terms of the recorded covenant or other document satisfactory to the city attorney with respect to subsequent resale, or to an above -moderate income purchaser provided that the sale to an above -moderate income purchaser shall result in a recapture by the city, or its designee, of a financial interest in the dwelling unit equal to: (i) the difference between the initial moderate income level sale price of the dwelling unit and its appraised value at the time of the initial sale, and (ii) a proportionate share of any appreciation in value of the dwelling unit since its initial sale, all in a manner consistent with the applicable provisions of Government Code Section 65915(c). ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 15 C. Forfeiture of funds. Any individual who rents -out a dwelling unit in violation of this article shall be required to forfeit all rents above the applicable affordable rate; and any individual who sells a unit in violation of this article shall be required to forfeit all profits from the sale exceeding the difference between the sale price and the applicable affordable sales price. Recovered funds shall be deposited in a city fund that is intended to support development of affordable housing in the community. 9470.9: Administrative Procedures The city manager or the city manager's designee may adopt administrative procedures for implementation of this article. SECTION 9: Section 9109 of the Zoning Code, "Definitions", is hereby amended as follows: a) to delete definitions of: "ALCOHOLISM HOSPITAL", "CHILDRENS TREATMENT CENTER (Emotionally Disturbed)","FACILITIES FOR DRUG ADDICTS", "FAMILY", "FAMILY HOME (Mentally III)", "FAMILY HOME (Mentally Retarded)", "RESIDENT FACILITY (Mentally Retarded)", "RESIDENT SCHOOL (Mentally Retarded)"; and, b) to add the following definitions in their alphabetical order as follows: "ARTERIAL STREET: A major thoroughfare or primary roadway, used primarily for through traffic rather than for access to abutting land, that is characterized by high - vehicular capacity and continuity of movement. The street is either divided or undivided and its main function is to carry non -local traffic at medium speeds." "EMERGENCY SHELTER: A managed housing facility with minimal supportive services for homeless persons and in which occupancy by a homeless person is limited to a term of six (6) months or less. No individual or household may be denied emergency shelter because of an inability to pay. (Health and Safety Code Section 50801(e)). Supportive services may include, but are not limited to, meal preparation, an activities center, day care for children of homeless persons, vocational rehabilitation and other similar activities." "FAMILY: Two or more individuals living together as a single housekeeping unit in an apartment or a dwelling unit." "SINGLE HOUSEKEEPING UNIT: The functional equivalent of a traditional family whose members are a non -transient interactive group of persons jointly occupying a single dwelling unit, including the joint use of common areas and sharing household ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 16 activities and responsibilities (e.g., meals, chores and expenses). This does not include a boarding house." "COMMUNITY CARE FACILITY/LARGE: Any facility as defined in the Health and Safety Code Section 1502(a), which provides nonmedical care on a 24-hour a day basis to seven (7) or more persons including, but not limited to, persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Large community care facility shall be considered a conditionally permitted use in the R-2, R-3, C-1, C -1-R, C-2, and C-3 Zones." "COMMUNITY CARE FACILITY/SMALL: Any facility as defined in the Health and Safety Code Section 1502(a), which provides nonmedical care on a 24-hour a day basis to six (6) or less persons including, but not limited to persons with substance abuse illnesses, physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Small community care facility shall be considered a permitted use within all residential zoned districts." "SINGLE ROOM OCCUPANCY (SRO) BUILDING: Any building containing five or more guestrooms or units which are used, rented, or hired out to be occupied for sleeping purposes by residents, and which is also the primary residence of those residents. The individual units may lack either cooking facilities or a full bathroom, or both. However, for purposes of this definition, an SRO does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities or hospitals." "SUPPORTIVE HOUSING: Housing with no limit on the length of stay and that is occupied by persons from the target population as defined by Health and Safety Code Section 53260(d) as the same may be amended from time to time, and that provides a significant level of onsite and offsite services that assist the supportive housing residents in retaining the housing, improving their health status and maximizing their ability to live, and when possible, to work in the community. Supportive housing may be provided under all residential housing types. In all cases, supportive housing shall be treated as a residential use under this chapter and shall be subject only to those restrictions that apply to other residential uses of the same residential housing type located in the same zoning district." 'TRANSITIONAL HOUSING: Housing operated under program requirements that call for (1) the termination of assistance to an existing program recipient occupying a transitional housing unit and (2) the subsequent reassignment of the assisting residential unit to another eligible program recipient at some predetermined future point in time that shall be no less than six months into the future (Health and Safety Code Section 50675.2(h)). Transitional housing services may include, but not be limited to, meals, counseling, and other services as well as common areas for residents. Transitional housing may be provided under all residential housing types. In all cases, transitional housing shall be treated as a residential use under this chapter ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 17 and shall be subject only to those restrictions that apply to other residential uses of the same residential housing type located in the same zoning district." "AFFORDABLDE HOUSING DEFINITIONS: The following indented terms and phrases are defined for the purposes of Article V (Sections 9470 to 9470.9 of the Zoning Code relating to density bonuses): CONCESSIONS OR OTHER INCENTIVES: Concessions or other incentives include a reduction in a site development standard or modification of another Zoning Code requirement or design standard, but not including Building Code requirements or other health and safety standards, that results in an identifiable, financially sufficient, and actual cost reduction; or, approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; or other concession or regulatory incentive that results in an identifiable, financially sufficient, and actual cost reduction, as determined by the city in its sole discretion. A concession or other incentive does not include additional density beyond that allowed in Sections 9470 to 9470.9 of the Zoning Code relating to density bonuses. DENSITY BONUS: A density bonus is an increase in density above the otherwise maximum allowable residential density under this title and the land use element of the general plan as of the date the development application for the project is deemed complete. The amount of the density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable dwelling units meets the percentage established in Sections 9470 to 9470.9 of the Zoning Code. When calculating the number of density bonus units allowed, any fraction of a residential unit shall be counted as a whole unit. An applicant may elect to accept a lesser percentage of density bonus units. An applicant may not seek a density bonus greater than that provided in Sections 9470 to 9470.9 of the Zoning Code relating to density bonuses, or by state law. DEVELOPER: Any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks City approval for all or part of a residential development project. DEVELOPMENT STANDARD: For Sections 9470 to 9470.9 of the Zoning Code relating to density bonuses, a development standard includes a site or construction condition that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. A development ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 18 standard subject to waiver does not include additional density beyond that allowed in Sections 9470 to 9470.9 of the Zoning Code relating to density bonuses. LOW-INCOME HOUSEHOLDS: Households whose gross income does not exceed 80 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development. MODERATE -INCOME HOUSEHOLDS: Households whose gross income does not exceed 120 percent of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development. VERY LOW-INCOME HOUSEHOLDS: Households whose gross income is equal to 50 percent or less of the median income for Los Angeles County as determined annually by the U.S. Department of Housing and Urban Development." SECTION 10: Section 9202 of the Zoning Code, "Conditional Use Permit, When Required", is hereby amended as follows: a) To add the following land uses in their alphabetical order: (i) "Single Room Occupancy (SRO) Building (C-3 Zone only)." (ii) "Community Care Facility/Large, including the R-2 and R-3 zones, and the C-1, C -1-R, C-2, and C-3 zones only."; b) To delete the following land uses: (i) "Alcoholism hospital" (ii) "Children's treatment center (emotionally disturbed)" (iii) "Dwelling unit(s), one or more new are added on an R-2 or R-3 zoned lot that currently has one dwelling unit and one or more of the following criteria are met for the second unit(s): Unit exceeds one hundred percent (100%) of the floor area of the primary unit. Unit exceeds two thousand (2,000) square feet, including a garage. Unit is a two-story unit." ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 19 (iv) "Dwelling units, three (3) or more located on the same lot to include apartments." (v) "Emergency shelters and transitional housing (M-2 zone only)" (vi) "Facilities for drug addicts" (vii) "Family care home for six (6) or less" (viii) "Pad fill greater than twelve inches (12") in height from the natural grade on an R-1, R- 2 or an R-3 zoned lot." (ix) "Resident facility (mentally retarded)" (x) `Resident school (mentally retarded) (including R-3)". SECTION 11: Section 9331(A) of the Zoning Code, "Principal Uses" permitted in the R-1 Zone, is hereby amended to add the following land uses in their alphabetical order: (i) "Community care facility / small."; (ii) "Supportive housing."; and, (iii) "Transitional housing." . SECTION 12: Section 9350(A) of the Zoning Code, 'Principal Uses" permitted in the R-2 Zone, is hereby amended to add the following land uses in their alphabetical order: (i) "Community care facility / small." ; (ii) "Supportive housing." , and, (iii) "Transitional housing.". SECTION 13: Section 9360(A) of the Zoning Code, "Principal Uses" permitted in the R-3 Zone, is hereby amended to add the following land uses in numerical order as follows: "(5) Community care facility / small. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 20 (6) Supportive housing. (7) Transitional housing.". SECTION 14: Section 9390(A) of the Zoning Code, "Principal Uses" permitted in the C-3 Zone, is hereby amended to add the following land uses in their alphabetical order: (i) "Emergency shelter (per Section 9454.2).", and, (ii) "Single Room Occupancy (SRO) Building (subject to CUP approval and the provisions of Section 9454.1).". SECTION 15: Sections 9454, 9454.1, 9454.2 (relating to housing for persons with special needs) are hereby added to the Zoning Code to read as follows: "9454: Housing for Persons with Special Needs: Purpose: The following section accommodates development of housing for individuals with special needs. 9454.1: Single Room Occupancy (SRO) Building: The provisions of this section are intended to accommodate the development of permanent, affordable housing for small households or persons with special needs. A. Location: An SRO building shall be permitted to locate in the C-3 Zone subject to the approval of a conditional use permit pursuant to Section 9202 of this chapter. B. Standards of Development: 1. C-3 Zone Standards: An SRO building shall be subject to the standards of development that apply to the C-3 zone. There is no density standard applicable in the C-3 zone. 2. Unit Size: An SRO unit shall contain a floor area of not less than 150 square feet and not more than to 400 square feet. 3. Occupancy: An SRO unit shall accommodate a maximum of two (2) persons. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 21 4. Kitchen: An SRO unit may have no kitchen, a partial kitchen or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor. 5. Bathroom: An SRO unit is required to have a partial bathroom or may contain full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, bathtub, shower or bathtub/shower combination. If a full bathroom is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor that is accessible from a common area or hallway. 6. Closet: Each SRO unit shall have a separate closet. 7. Common Area: An SRO building shall provide a minimum of 200 square feet of interior common space plus four (4) additional square feet per SRO unit. 8. Maintenance Facilities: An SRO building shall provide a common cleaning supply room or utility closet with a wash sink having hot and cold running water on every floor. 9. Trash Enclosure: An SRO building shall provide a trash enclosure to the minimum requirements of Section 9362(E). 10. Existing Structures: An existing structure may be converted to an SRO building subject to compliance with the provisions of this section. C. Parking: 1. Vehicular Parking: One (1) off street parking space shall be provided per four (4) SRO units plus an additional one (1) space for the on-site manager, all in a manner consistent with Section 9291. 2. Bicycle Parking: A minimum of one (1) bicycle parking space shall be provided for every four (4) SRO units, or an alternate number may be approved by the director. D. Management: ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 22 1. Facility Management: An SRO building with nine (9) units or less shall provide a management office on the premises. An SRO building with ten (10) units or more shall provide for a resident manager on the premises. 2. Management Plan: A management plan shall be submitted with the application to develop or operate an SRO building. The management plan must address planned management and operation of the facility, rental procedures, safety and security of residents and building maintenance. The management plan must be approved by the director prior to occupancy or operation of the SRO building. E. Business License: The agency or organization operating the SRO building shall obtain a city business license before commencing operation. The application submittal requirements shall include but not be limited to a completed city business license application subject to the provisions of Title 5 of the Temple City Municipal Code, a written management plan, and 8%2" x 11" copies of the site plan and floor plan. 9454.2: Emergency Shelters: The provisions of this section are intended to provide opportunities for the development of temporary shelters for the homeless and specific populations of the homeless. A. Location: An emergency shelter shall be permitted to locate in the C-3 zone only along Rosemead Boulevard between Las Tunas Drive and Broadway, subject to approval of a Site Plan Review pursuant to Section 9180 before commencing operation. B. Concentration of Emergency Shelters: No more than one (1) emergency shelter shall be permitted to locate within a radius of 300 feet from another emergency shelter. C. Standards of Development: 1. C-3 Zone Standards: An emergency shelter shall be subject to the standards of development that apply to the C-3 zone. There is no density standard applicable in the C-3 Zone. 2. Maximum capacity: An emergency shelter shall contain a maximum of 30 beds and shall serve no more than 30 homeless persons at the same time. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 23 3. Interior intake space: An emergency shelter shall provide an interior waiting and intake area which contains a minimum of 200 square feet. No exterior waiting area shall be allowed on or off the premises. 4. Common facilities: An emergency shelter shall provide common areas with common facilities including but not limited to a central kitchen, dining room, laundry room, and a common gathering area. 5. Open space: An emergency shelter shall provide adequate outdoor open space area with landscaping. All open spaces shall be fenced and not visible from Rosemead Boulevard. 6. Lighting. An emergency shelter shall provide adequate external lighting for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and with brightness or glare controlled so as to be compatible with the neighborhood. 7. Maintenance facilities: An emergency shelter shall provide a utility closet for storage of cleaning supplies and equipment, and with a wash sink having hot and cold running water. 8. Trash Enclosure: An emergency shelter shall provide a trash enclosure to the minimum requirements of Section 9362(E). D. Parking: An emergency shelter shall provide one (1) off-street parking space for every ten (10) beds plus one (1) off-street parking space per each employee and agency vehicle, all in a manner consistent with Section 9291. E. Management: The agency or organization operating the shelter shall comply with the following requirements: 1. Duration of stay by residents shall be limited to a maximum of six (6) months. 2. Supportive services shall be provided to assist residents to obtain permanent shelter and income. Such services shall be provided at no cost to tenants. 3. The agency or organization operating the emergency shelter shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, admittance hours, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for tenants. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 24 4. Emergency shelters shall provide for an on-site resident manager, an on- site management office and security during all hours of operation. F. Business License: The agency or organization operating the emergency shelter shall obtain a city business license before commencing operation. The application submittal requirements shall include but not be limited to a completed city business license application subject to the provisions of Title 5 of Temple City Municipal Code, a written management plan, and 8'/2" x 11" copies of the site plan and floor plan." SECTION 16: Section 9291 of the Zoning Code, 'Parking Spaces Required", is hereby amended to include the following in alphabetical order as follows: Use ! Number Of Off -Street Parkina Spaces Required "Emergency shelter One (1) space for every ten (10) beds plus one (1) space per each employee and agency vehicle." "Community care 11 One-half ('/z) space per bed or per adult under care, facility / large whichever is greater, plus one (1) additional space for each agency vehicle, employee, and visiting doctor." "Single room One (1) space shall be provided per four (4) SRO units occupancy (SRO) plus an additional one (1) space if an on-site manager is building provided." "Transitional housing 1 Parking as required per applicable zoning district but may be reduced based upon a submitted parking study subject to approval by the director." "Supportive housing" Parking as required per applicable zoning district but may be reduced based upon a submitted parking study subject to approval by the director." SECTION 17: Article W, "Reasonable Accommodations", is hereby added to the Zoning Code as follows: ARTICLE W: REASONABLE ACCOMMODATIONS ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 25 9475 Purpose; In accordance with federal and state fair housing laws, it is the purpose of this section to allow for reasonable accommodations in the Zoning Code and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. 9475.1 Review Authority: The director is designated to approve, conditionally approve, or deny all applications for a reasonable accommodation, subject to appeal to the Planning Commission. If the project for which the request for reasonable accommodation is made also requires a discretionary permit or approval from the Planning Commission, then an applicant may request that the Planning Commission hear the request for a reasonable accommodation at the same time as the other discretionary permit or approval. If the applicant does not request a simultaneous hearing, then the request for a reasonable accommodation shall not be heard until after a final decision has been made regarding the other discretionary permit or approval. 9475.2: Application for a Reasonable Accommodation. A. Applicant. A request for reasonable accommodation may be made by any person with a disability, their representative, or a developer or provider of housing for individuals with a disability. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. A reasonable accommodation may be approved for a "community care facility/large," as defined in Section 9109, "Definitions," that houses seven (7) or more disabled persons. B. Application. An application for a reasonable accommodation from a zoning regulation, policy, or practice shall be made on a form specified by the director. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. C. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, then the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. D. Required Submittals. In addition to materials required under other applicable provisions of this Code, an application for reasonable accommodation shall include the following: ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 26 1. Documentation that the applicant is: (a) an individual with a disability; (b) applying on behalf of one or more individuals with a disability; or (c) a developer or provider of housing for one or more individuals with a disability; 2. The specific exception or modification to the Zoning Code provision, policy, or practices requested by the applicant; 3. Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence; 4. Any other information that the director reasonably concludes is necessary to determine whether the findings required by Section 9475.3(B), "Required Findings," can be made, so long as any request for information regarding the disability of the individuals benefited complies with fair housing law protections and the privacy rights of the individuals affected. 9475.3: Decision. A. Administrative Review. The approval body shall issue a written determination to approve, conditionally approve, or deny a request for reasonable accommodation, and the modification or revocation thereof in compliance with subsection B of this section. The reasonable accommodation request shall be heard with, and subject to, the notice, review, approval, and appeal procedures prescribed for a Site Plan Review in accordance with the applicable provisions of Section 9180 of this chapter. B. Required Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval: 1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration to the purpose of the Zoning Code, as "fundamental alteration" is defined in fair housing laws and interpretive case law. ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 27 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. C. Alternative Reasonable Accommodations. In making these findings, the review authority may approve alternative reasonable accommodations which provide an equivalent level of benefit to the applicant. D. Consideration Factors. The reviewing authority may consider, but is not limited to, the following factors in determining whether the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling: 1. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability; 2. Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; 3. In the case of a large community care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants; and, 4. In the case of a large community care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. E. Consideration Factors — Fundamental Alteration in Purpose of Zoning Code. The reviewing authority may consider, but is not limited to, the following factors in determining whether the requested accommodation would require a fundamental alteration in the purpose of the Zoning Code: 1. Whether the requested accommodation would fundamentally alter the character of the neighborhood; 2. Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; 3. Whether the requested accommodation would substantially undermine any express purpose of either the general plan or an applicable specific plan; and 4. In the case of a large community care facility, whether the requested accommodation would create an institutionalized environment due to the ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 28 number of and distance between facilities that are similar in nature or operation. F. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. G. Effective Date. No reasonable accommodation shall become effective until the decision to grant such accommodation shall have become final by reason of the expiration of time to make an appeal. In the event an appeal is filed, the reasonable accommodation shall not become effective unless and until a decision is made by the Planning Commission on such appeal, pursuant to the provisions of Section 9184, Site Plan Review Appeal Procedure. 9475.4: Expiration, Time Extension, Violation, Discontinuance, and Revocation. A. Expiration. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless: 1. A building permit has been issued and construction has commenced; 2. A certificate of occupancy has been issued; 3. The use is established; or 4. A time extension has been granted. B. Time Extension. The approval body may approve a single one-year time extension for a reasonable accommodation for good cause. An application for a time extension shall be made in writing to the director no less than 30 days or more than 90 days prior to the expiration date. C. Time Extension Notice. Notice of the review authority's decision on a time extension shall be provided as specified in Section 9180,"Site Plan Review". All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process as set forth in Section 9475.4 of this article ("Expiration, Time Extension, Violation, Discontinuance, and Revocation"). D. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed within 10 calendar days of the date of the adoption of the written determination of the approving authority. An appeal shall ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 29 be made in writing and shall be noticed and heard pursuant to the procedures established in Section 9184, Site Plan Review Appeal. E. Violation of Terms. Any reasonable accommodation approved in accordance with the terms of the Zoning Code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. F. Discontinuance. A reasonable accommodation shall lapse if the exercise of rights granted by it is discontinued for 180 consecutive days. If the persons initially occupying a residence vacate, the reasonable accommodation shall remain in effect only if the director determines that: (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Zoning Code, and (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The director may request the applicant or his or her successor in interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within 10 days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. G. Revocation. Any revocation shall be noticed and heard pursuant to the procedures established in Section 9230, "Revocation of Variances and Conditional Use Permits". 9475.5 Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval. SECTION 18. The following categories of development projects shall be exempt from the provisions of this ordinance, provided such proposed development projects are consistent with all applicable development standards and criteria in effect prior to introduction of this ordinance: (1) any project which was approved by the City in the form of a Conditional Use Permit, Subdivision, Variance, etc., prior to the adoption of this ordinance; (2) any project for which an application for a discretionary review/approval was submitted to the Community Development Department prior to the adoption of this ordinance; (3) any subdivision project which was submitted prior to the adoption of this ordinance to the Los Angeles County Department of Public Works for a Drainage Concept Plan approval in preparation for submittal of a tentative subdivision map to the City; (4) any building plans that were submitted to the City for building plan check prior to the adoption of this ORDINANCE 13-972 Draft Zoning Code Amendment to Implement the 2008-2014 Housing Element Page 30 ordinance and (5) any development proposal for which an application was submitted to and determined to be complete by the Community Development Department prior to the adoption of this ordinance. SECTION 19. 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. APPROVED AND ADOPTED THIS DAY OF 2013. Mayor CITY CLERK I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 13-972 was introduced at the regular meeting of the City Council of the City of Temple City held on the day of , 2013 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the day of 2013 by the following vote: AYES: Councilmember- NOES: Councilmember - ABSENT: Councilmember- ATTEST: CITY CLERK ATTACHMENT B of TEMp(F tGGO Staff Report July 23, 2013 Item No.: 8B FILE NO: Ordinance 13-972 An ordinance of the City Council of the City of Temple City amending the Temple City Zoning Code to implement the Housing Programs outlined in the 2008-2014 Housing Element. APPLICANT: City of Temple City PROJECT PLANNER: Peter Sun, Management Analyst ENVIRONMENTAL REVIEW: The environmental impacts of Ordinance 13-972 has been assessed in the Mitigated Negative Declaration previously prepared for the adopted City of Temple City 2008-2014 Housing Element. RECOMMENDATION: Adopt, Resolution 13-2378 PC (Attachment 1) recommending that the City Council adopt Ordinance 13-972 CRITICAL ISSUES: • Modification of density and standards of development in the R-3 (high-density multi -family residential) zone • Modification of density bonus, affordable housing, and lot consolidation incentives • Conditionally permitting single room occupancies in C-3 zone and establishing standards of development • Permitting emergency shelters in targeted C-3 areas and establishing standards of development • Permitting transitional housing, supportive housing, and community care facilities in R-1, R-2, and R-3 zones • Adopting a reasonable accommodation procedure BACKGROUND: On May 7, 2013, City Council approved and adopted the City of Temple City 2008-2014 Housing Element (Housing Element). Adoption of the housing element commits the City to proceed with the implementation of 18 programs that are designed to meet the City's housing -related goals in a manner July 23, 2013 Planning Commission Meeting Staff Report —Item No. 8B File No.: ORD 13-972 consistent with state requirements. Ordinance 13-972 (Attachment 2) makes key progressions towards the complete implementation of those 18 programs by amending sections of the Zoning Code relating to R-3 density, multi -family standards of development, and special needs housing. ANALYSIS: Ordinance 13-972 modifies sections of the Temple City Zoning Code to assist in the development of housing to meet the needs of low- and moderate -income households, and to address or remove constraints to the maintenance, improvement, and development of housing. Ordinance 13-972 implements the following programs broken down into five categories outlined in Section 2 of the adopted Housing Element (Attachment 3). Category 1: Adequate Housing Sites Category 2: Assist in the Development of Low and Moderate Income Housing Category 3: Removal of Governmental Constraints Category 4: Conserving Existing Affordable Housing Category 5: Fair Housing Category 1, Program 2: Multi -Family Sites Inventory and Development Incentives: Section 9362: R-3 Standards of Development is amended to allow R-3 parcels not adjoining R-1 parcels to develop multi -family residential development at a density of 20 — 30 units per acre. The amendments of this section also establishes special standards of development for these lots including key changes in reduced parking standards, building height, and subterranean parking Section 9362 allocates increased density to only R-3 properties not adjoining R-1 to meet the regional housing needs projected by Southern California Association of Governments (SCAG), shown in Table 2-7 of the Housing Element. An analysis of the City's underutilized properties in Appendix D of the Housing Element demonstrates significant opportunities for development in the R-2 and R-3 zones. As directed by Program 2 of the Housing Element, Section 9362 targets specific R-3 parcels for increased density so that it would not directly impact single-family residential neighborhoods. Section 9362 also amends the maximum number of stories and building height to three (3) stories at 40 feet, and allows subterranean parking to make it more feasible to reach those higher densities at the targeted parcels. Furthermore, Section 9362(/) and 9352(K) is removed to eliminate the Conditional Use Permit (CUP) requirement for residential dwelling projects with two (2) or more units and discretionary permit barriers of high density development. Multi -family projects will be reviewed through a new administrative site plan review. ® R-3 lots not adjoining R-1 density is increased from 18 units per acre to 20 — 30 units per acre. ® R-3 lots not adjoining R-1 maximum height is increased from 30 feet to 40 feet and maximum number of stories is increased from 2 to 3. Page 2 July 23, 2013 Planning Commission Meeting Staff Report—item No. 313 File No.: ORD 13-972 • Subterranean parking is permitted in R-3 lots not adjoining R-1. • Conditional use permit requirement is removed for all multi -family dwelling units. Section 9362.F.• Special Development Criteria is amended to incorporate an air quality mitigation measure included in the Mitigated Negative Declaration of the Housing Element. The new provision requires all new residential developments within 500 feet of an arterial street or railway to be installed with enhanced air filtration in a mechanical ventilation system. The provision is intended to mitigate the potential health impacts caused by locating high density residential developments along Rosemead Boulevard and other parcels near major thoroughfares. Section 9109 is also amended to provide a definition for "arterial street" to clarify those parcels affected by the provision. • New dwellings within 500 feet of an arterial street or railway shall have installed a mechanical ventilation system with air filtration with a Minimum Efficiency Reporting Value (MERV) of 14. For reference, a tracked changes version of the amendments in Section 9362: R-3 Standards of Development (Attachment 4) is attached as supplemental information. Also for reference, attached is a map indicating the locations of R-3 zoned lots that are not adjoining R-1 zoned lots, i.e., the areas designated by crosshatching on the map (Attachment 5). Category 1, Program 3: Lot Consolidation Incentives: Section 9362.1: R-3 Lot Consolidation Incentives is created to encourage consolidation of R-3 lots into larger development sites in order to achieve the scale and quality of development envisioned for the area. Existing lot widths of many R-3 parcels are the cause of inefficient use of land and poor design of multi -family units. Section 9362.1 provides bonus density, parking reduction incentives, and other potential incentives through development agreements for lot consolidation of 4 lots or more. By incentivizing lot consolidation, the City hopes to achieve consolidated and comprehensive designs of multi -family developments on lots ranging from 19,000 to 32,000 square feet. Category 1, Program 4: Zoning for Special Needs: To facilitate the development of a variety of housing types for special needs persons, Ordinance 13- 972 makes the following amendments to the Zoning Code to permit or conditionally permit and establish standards of development for single room occupancy, emergency shelters, supportive housing, and transitional housing facilities. • Section 9109: Definitions is amended to include definitions for "Single Room Occupancy Buildings", "Emergency Shelter "Supportive Housing", and "Transitional Housing". The definitions provided are taken from the California Government Code. Page 3 July 23, 2013 Planning Commission Meeting Staff Report—Item No. SB File No.: ORD 13-972 • Section 9202: Conditional Use Permit, When Required is amended to allow a single room occupancy (SRO) building in the C-3 zone subject to approval of a CUP, and to allow large community care facilities (seven or more residents) in the R-2, R-3, C-1, C -1-R, C-2, and C-3 zones, subject to approval of a CUP. • Sections 9331, 9350, and 9360 are amended to allow transitional and supportive housing, and small community care facilities (six or fewer residents) in the R-1, R-2, and R-3 zones as permitted uses. • Section 9390 is amended to permit emergency shelters as a permitted use in the C-3 zone. • Sections 9454.1, 9454.2 are created to establish standards of development for single room occupancy buildings and emergency shelters, regulating the location, number of persons admitted, length of stay, management, services provided, and parking. • Section 9291: Parking Spaces Required is amended to include parking standards for emergency shelter, single room occupancy, transitional housing, and supportive housing. Category 2, Program 9: Revise Density Bonus Procedures: Article V. Density Bonus is created to implement density bonus and parking reduction incentives to encourage the development of affordable housing. Concessions and other incentives are available to developments that meet affordable housing, child care, or land donation requirements. SB 1818, adopted in 2004, requires cities to offer scaled density bonuses of up to 35% for offering affordable housing, senior housing, and land donations. As promised by the recently adopted housing element update, the proposed density bonus, parking reduction, and other concession incentives in this article meet the requirements of SB 1818, which was adopted in 2004, and codified in California Government Code Section 65915-65918. Procedures are also established in this article for application and review of affordable and senior housing development incentives. Article V. Density Bonus is organized in the following method: Article V. Density Bonus • 9470: Purpose • 9470.1: Density Bonus Allowance • 9470.2: Concessions and Other Incentives • 9470.3: Waiver of Development Standards • 9470.4: Floor Area Bonus and Concessions for Child Day -Care Center • 9470.5: Bonus for Donation of Land • 9470.6 Alternative Parking Standards • 9470.7: Enforcement of Affordability • 9470.8: Administrative Procedures Furthermore, Section 9109 is amended to include affordable housing definitions for "Concessions and other Incentives', "Density Bonus', `Developer", ..Development Standard", "Low -Income Households', "Moderate -Income Households", "Very Low -Income Households". Page 4 July 23, 2013 Planning Commission Meeting Staff Report—Item No. 313 File No.: ORD 13-972 Category 3, Program 11: Multi -Family Residential Review Process: Section 9202: Conditional Use Permit, When Required is amended to remove apartments and multi- family residential developments of two (2) or more units from the requirements of a conditional use permit. By removing the discretionary review process, the City is removing a degree of uncertainty and a cost and time associated constraint, thereby streamlining the process for multi -family developments. As a means of better facilitating housing development quality, the City will implement a new administrative site plan review process for multi -family development focused on site and design review. Category 3, Program 12: Adopt a Reasonable Accommodation Procedure: As a means of addressing the special needs of the disabled population, Article W. Section 9475: Reasonable Accommodations is created to allow exceptions to zoning code standards for a dwelling unit when warranted so that a person with a disability may enjoy equal opportunity to utilize housing of their choice. The section provides procedures for a request of modification or exception to the rules, standards and practices for the siting, development and use of housing or housing - related facilities in order to accommodate a disabled person or persons. Article W. Reasonable Accommodations is organized in the following method: • Article W. Reasonable Accommodations • 9475: Purpose • 9475.1: Review Authority 9475.2: Application for a Reasonable Accommodation • 9475.3: Decision • 9475.4: Expiration, Time Extension, Violation, Discontinuance, and Revocation • 9475.5: Amendments Category 3, Program 13: Housing for the Disabled Zoning Code Amendments: Section 9109: Definitions is amended to change the definition of "family" to remove the prerequisite of relation and number of persons. "Family" is now defined simply as two or more individuals living together as a single housekeeping unit in a dwelling unit. However, there is also a new definition for "single housekeeping unit" as "the functional equivalent of a traditional family whose members are a non -transient interactive group of persons jointly occupying a dwelling unit...... By removing the parameters of relation and number of persons from the definition of "family", the City removes unnecessary impediments for persons seeking special living accommodations, as necessary to comply with state and federal laws. Ordinance 13-972 makes amendments to define and permit small community care facilities providing care to six persons or less and large community care facilities providing care to seven persons or more. Page 5 July 23, 2013 Planning Commission Meeting Staff Report —Item No. 813 File No.: ORD 13-972 • Section 9109: Definitions is amended to define "commercial care facility / small" and "commercial care facility/ large". • Section 9331, 9350, 9360 is amended to permit small community care facilities in the R-1, R- 2, and R-3 zones subject to site plan review. • Large community care facilities will be permitted in the R-2, R-3, C-1, C -1-R, C-2, and C-3 zones subject to a conditional use permit review. REQUIRED FINDINGS: There are no required findings to be made for considering a zoning ordinance. ENVIRONMENTAL REVIEW: The environmental impacts of Ordinance 13-972 have been assessed in the Mitigated Negative Declaration (Attachment 6) previously prepared for the adopted City of Temple City 2008-2014 Housing Element. CONDITIONS OF APPROVAL: There are no conditions of approval to be made for a zoning ordinance. ATTACHMENTS: 1. Resolution 13-2378 PC 2. Draft Ordinance 13-972 3. Pages 2-13 — 2-37, City of Temple City 2008-2014 Housing Element 4. Tracked changes version of amendments to Section 9362: R-3 Standards of Development 5. Map of R-3 Zone Supplemental Density Eligible Areas (R-3 lots not adjoining R-1 lots) 6. Mitigated Negative Declaration Page 6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVE ORDINANCE NO. 13-972 AMENDING THE TEMPLE CITY ZONING CODE TO IMPLEMENT THE HOUSING PROGRAMS OUTLINED IN 2008-2014 HOUSING ELEMENT The Planning Commission of the City of Temple City does hereby resolve: SECTION 1. The Planning Commission has considered all of the evidence submitted into the administrative record which includes, but is not limited to: 1. A staff report prepared by the Community Development Department. 2. A draft of the proposed Ordinance 13-972. 3. Staff presentation at the public hearing held on July 23, 2013 before the Planning Commission. 4. The mitigated negative declaration prepared for the adopted City of Temple City 2008-2014 Housing Element. 5. The City of Temple City Downtown Specific Plan, Zoning Code, and all other applicable regulations and codes. 6. Public comments, written and oral, received and/or submitted at or prior to the public hearing, supporting and/or opposing the applicant's request. 7. Testimony and/or comments from the applicant and its representatives submitted to the City in both written and oral form at or prior to the public hearing. 8. All related documents received and/or submitted at or prior to the public hearing. SECTION 2. Based on the foregoing evidence, the Planning Commission finds that: 1. Notice of the July 23, 2013 Planning Commission public hearing was posted at the Council Chambers. 2. Notice of the Planning Commission public hearing was put in the newspaper least ten (10) days prior to the hearing. 3. Notice of the Planning Commission public hearing included the notice requirements set forth in Government Code Section 65009 (b)(2). Resolution No. 13-2372 PC Amendment to the Downtown Specific Plan Page 2 of 2 SECTION 3. Based upon information presented in the staff report and public hearing on July 23, 2013, the Planning Commission makes the following findings: 1. On May 7, 2013, the City Council adopted Resolution No: 13-4908, approving an update of the City of Temple City 2008-2014 Housing Element. Adoption of the housing element commits the City to proceed with the implementation of programs that are designed to meet the City's housing - related goals in a manner consistent with state requirements. 2. Ordinance 13-972 amends the Zoning Code according to the implementation programs outlined in the Housing Element relating to R-3 density, multi- family standards of development, and special needs housing. 3. Ordinance 13-972 will not result: in any significant effects upon the environment, and has already been reviewed as part of the initial study and mitigated negative declaration that was prepared for the adopted Housing Element. A notice of determination was filed on May 14, 2013. Amendments of the ordinance that have not been studied in the Housing Element update are Categorically Exempt per Section 15061(b)(3) of the California Environmental Quality Act (CEQA). SECTION 4. The Planning Commission recommends that the City Council approve Ordinance 13-972. SECTION 5. The secretary shall certify to the adoption of this Resolution. Chairman I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temple City at a regular meeting held on the 23`d of July, 2013 by the following vote: AYES: Commissioner - NOES: Commissioner - ABSTAIN: Commissioner - ABSENT: Commissioner - Secretary SECTION 2 Table 2-5 Housing Element Prograi Category 1 Adequate Housing Sites Category 2 Assist in the Development of Low and Moderate Income Housing Category 3 - Removal of Governmental Constraints Category 4 Conserving Existing Affordable Housing Category 5 Fair Housing ATt-4NC- -I M 6N i HOUSING PROGRAM, 1. Downtown Specific Plan 2. Multi -family Sites Inventory and Development Incentives I3. Lot Consolidation Incentives 4. Zoning for Special Needs 5. Energy Conservation Program 6. Section 8 Rental Assistance Program 7. Affordable Housing Development Assistance 8. Second Units 9. Revise Density Borus Procedures 10. Prepare Inclusionary Housing Policy 11. Multi -family Residential Review Process 12. Reasonable Accommodation Procedure Program 13. Housing for the Disabled Zoning Code Amendments Program 14. Housing Code Enforcement Program 15. Handywoiker Assistance Program 16, Home Improvement Deferred Loan Program 17, Fair Housing Services 1 18. Fair Housing Information 2-13 t� % SECTION 2 Table 2-6 Housing Program Summary HOUSING PROGRAM Housing Program Responsible Responsible 2006-20,1A Objective - Time _ Funding Source - - '- ScIfedule ADEQUATE HOUSING SITES 1. Downtown Community Promote opportunity Within six General Fund for Specific Plan (DSP) Development sites and lot months of Dept, staff work Department consolidation incentives Housing to the development Element community and on the adoption. City's website. Amend residential development standards in DSP to better facilitate development. 2. Multi -family Community Maintain inventory of Within six General Fund for Sites Inventory and Development vacant/underu5fized months of Dept, staff work Development Department multi -family, residential Housing Incentives - sites; place on City's Element vvebsite; disseminate to adoption. - developers. Adapt - zoning text amendments for non -R-1 adjacent R-3 parcels to facilitate redevelopment at higher densities. 3. Lot Consolidatlen Community Adopt R-3 lot Within six General Fund for Incentives Development consolidation incentives months of Dept. staff work Department modeled after DSP Housing program, including Element increased density and adoption. height, reduced parking, reduced processing time, vacation of alleys, and fee reductions. 4. Zoning for Community ?,mend zoning ordinance Within six General Fund for Special Needs Development to: add emergency months of Dept. staff work Department shelters as a permitted Housing use and SROs as a Element conditionally permitted adoption. use in the C-3 zone along Rosemead Blvd; make explicit provisions to regulate 'transitional and supportive housing as a residential use. 5. Energy Community Adopt Energy Efficiency Adopt Energy General Fund for Conservation Development Plan and provide Plan by end o; Dept. staff work Program Department educational information 2012. Include on City website. in General Incorporate energy Plan Update utilization and scheduled for conservation policies 2013. Within the General Plan. 2-14 SECTION 2 Housing_ Program- I Responsible Agency PROVISION OF AFFORDABLE HOUSING 6. Section 8 Rental ' Housing Authority Assistance of the County of Program Los Angeles 7. Affordable Community Housing Development Development Department Assistance S.Second Units Community Development Department 9. Revise Density Community Bonus Procedures Development Department 10. Prepare Community Inclusionary Development Housing Policy Department 2008-201A Objective Maintain existing level of housing vouchers to serve 58 lower income households Provide financial and regulatory incentives to private developers for development of quality affordable housing for families and seniors. Seek additional funding sources to meet City housing goals. Educate residents on the availabiiity of second units through development of informational materials for distribution at the public counter, and through advertisement on the City`s website. Seek to achieve 34 second units for very loty and low Income households. Update density bonus provisions consistent with State requirements. Advertise on City's website and disseminate to developers. Conduct inclusionary housing nexus study to document the relationship between residential development and demand for affordable housing, and to determine in -lieu fee amount. Based on study results, consider adoption of an inclusionary housing policy/ordinance. 2-15 HOUSING PROGRAM Time . Funding Source Schedule Ongoing County Section 8 contract with HUD ongoing General Fund, other public and private resources Expanded second unit outreach in 2013. Update zoning code provisions for density bonus in 2013. Conduct nexus study (in 2013) to assess basis for adoption of an inclusionary ordinance. General Fund for Dept. staff work General Fund for Dept. staff work General Fund for professional consulting assistance with nexus study, and for Dept. staff coordination and follow-up work SECT10iV 2 Community Referfair housing 2006-2014 ROUSING PROGRAM Housing Program Responsible _- - `- - 2006=2094 Objective Time '� FundN2g,Source - �� Agency � - Schedule _ - REMOVAL OF GOVERNMENTAL CONSTRAIN=S Center 11. Multi -family Community Eliminate CUP Zoning code General Fund for Residential Review Development requirement for multi- revisions within Dept. staff work Process Department family within the six months of and on City's website. Downtown Specific Plan, Housing and for mutt -family in Element R-2 and R-3 zones. adoption. Replace with a non- discretionary review process conducted by staff utilizing the existing design guidelines. 12. Adopt a Community Implement a reasonable Implementation General Fund for Reasonable Development accommodation by the end of Dept. staff work Accommodation Department procedure through 2013. Procedure adoption of a code amendment. Advertise the procedure through City brochure/flyers and the City's websita, 13. Housing for the Community Revise the zoning code Implementation General Fund for Disabled Zoning Development definition of "family." by the end of Dept. staff work Code Amendments Department Allow small residential 2013. Program care facilities "by right' in all residential zones. Streamline application process for residential care facilities housing seven or more disabled persons. CONSERVING EXISTING AFFOR©ABLE HOUSING 14. Housing Code Community 125 housing cases per 2006-2014 General Fund for Enforcement Development year Dept. staff work Program Department 15.Handyworker Community 51 rehabilitated 2006-2011 CDBG Funds Assistance Development housing units RDA Funds Program Department 16, Home Community 38 rehabilitated 2006-2014 CDBG Funds Improvement Development housing units Deferred Loan Department Program FAIR HOUSING 17, Fair Housing Community Referfair housing 2006-2014 County CDBG services Development complaints to Housing Funds Depaiment; Rights Center Housing Rights Center 13.Fair Housing Community Disseminate fair housing 2010-2014 General Fund for lmormation Development information in flyers at Dept, staff work Program Department key community locations and on City's website. 2-16 SECTION 2 HOUSING PROGRAM PROGRAM CATEGORY 44: ACTIONS TO MAKE SITES AVAILABLE TO ACCOMMODATE THE RHNA Section 65583(c)(1) states that the housing program must: `Identify actions that will be taken to make sites available during the planning period of the general plan with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's ... share of the regional housing need for each income level that could not be accommodated on sires identified in the inventory... without rezoning... "Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory -built housing, mobile homes, and housing for agricultural employees, supportive housing single -room occupancy units, emergency shelters, and transitional housing." (emphasis added/ Housing Need Summary Through the Regional Housing. Needs Assessment, SCAG has allocated a new housing construction need to the City of almost 1,000 housing units. Table 2-7 shows the City's share of the regional mousing need by five income groups. Table 2-7 Regional Housing Needs (January 2006- June 2014) 20062614_- -_ Regional Housing Need Allocation Plan, July 12, 2007 2. Goals, Policies and Quantified Objectives Goals Accommodate a portion of the housing needs of all income groups as quantified by the Regional Housing Needs Assessment. Facilitate the construction of the maximum feasible number of housing units for aft income groups. 2-17 Extremely Low 118 12.0% l Very Low 131 13.3% Low 156 15.8% Moderate 165 16.7% Above Moderate 417 42.295 Total; 987 160.0% Source. Southern California Association of Governments. Final Regional Housing Need Allocation Plan, July 12, 2007 2. Goals, Policies and Quantified Objectives Goals Accommodate a portion of the housing needs of all income groups as quantified by the Regional Housing Needs Assessment. Facilitate the construction of the maximum feasible number of housing units for aft income groups. 2-17 SEG i ION 2 b. Policies HOUSING PROGRAM Implement the Land Use Element, Zoning Code and Downtown Specific Plan to achieve adequate sites for all income groups. Facilitate and encourage residential development through lot consolidation incentives including density and height increases, reduced processing time, vacation of alleys, and fee reductions. Designate sites that accommodate a variety of housing needs. C. Quantified Obiectives The Sites Inventory and Analysis (Technical Appendix D) shows sufficient sites to accommodate the City's share of the regional housing need (RHTIA) for all income categories. Temple City's quantified objective for adequate sites is thus for the 937 units identified by the RHNA, broken down by income category as shown in Table 2-7. 3. Housing Programs Program 1. Temple City downtown Specific Plan Temple City's commercial core was founded along Las Tunas Boulevard in the 1920s, Over the past several decades, numerous downtown businesses have been lost to competing commercial areas, many of the buildings have become deteriorated and obsolete, and a large number of parcels are physically and economically underutilized and functioning at well below their market potential. In December 2002, the City Council adopted the Temple City Downtown Specific Plan to guide in the area's revitalization and to re-establish the downtown as a destination where residents can live, work, shop, dine and attend community events. One of the Plan's land use strategies is to introduce multi -family residential and mixed use development into the downtown. The Housing Element sites analysis (refer to Appendix D) identifies thirteen development opportunity sites in the downtown as suitable for recycling to residential use within the planning period, Providing zoning capacity for over 300 new units. In order to better facilitate the integration of housing on these sites, the City will adopt the following adjustments to the development standards within the Specific Plan: • Allowance for horizontal (side-by-side) commercial/residential mixed use with ground floor residential in all districts, with the exception of parcels fronting on Las Tunas Drive in the City Center (CC) Commercial District • Establishment of 30 unit/acre residential densities for non -senior housing, with no established density cap for senior housing • Elimination of the conditional use permit • Elimination of one acre minimum lot size requirement for mixed use. The presence of small, underut lized parcels and irregularly shaped lois has been identified as one of the constraints affecting future development in portions of the downtown. The Specific Plan provides various density, height and parking incentives For the consolidation of smaller lots 2-19 SECTION 2 HOUSING PROGRAM - into larger development sites as a means of achieving the scale and quality of development envisioned for the area. For instance, for multifamily residential projects, the consolidation of four to six lots will result in.a 151/c increase in the number of allowable units and a one story increase to the maximum height. Additional incentives within the Downtown Specific Plan for lot consolidation include reductions in processing time, vacation of alleys, and fee reductions including processing fees, in -lieu fess and utility connection fees. 2006-2094 Objective: Promote identified opportunity sites and lot consolidation incentives to the residential development community and on the City's website. Amend residential development standards within the Specific Plan to better facilitate development. Program 2. Multi -family Sites Inventory and Development Incentives The majority of residential development in Temple City occurs through redevelopment of underutilized R-2 (medium density) and R-3 (high density) sites, either by adding to existing units, or more commonly, through the demolition of existing units and replacement with a greater number of units as permitted under zoning. As part of the City's Housing Element update, City staff has conducted a vacant and underutilized land use survey of all parcels located in the R-2 and R-3 zone districts (refer to Appendix D). In order to narrow the multi- family sites inventory to those underutilized properties that have realistic development potential within the 2006-2014 Housing Element planning period, the following criteria were applied based on review of past Temple City projects: • Ratio of existing building floor area to parcel size (FAR) of 0.30 or less in the R-2 zone and 0.50 or less in the R-3 zone; • Low building structure value, measured by a minimum 60% ratio of assessed land value to total assessed property value; • Age of improvements on site minimum of 30 years old; • Visual checks to ascertain the actual build -out and visual conditions of buildings. This systematic analysis of the City's multi -family zoned properties identifies 153 sites in the R-2 zone and 31 sites in the R-3 zone that are underutilized per this criteria. Particularly along Rosemead and Temple City boulevards, groupings of underutilized R-3 parcels developed with only a single, older unit provide significant opportunities for lot consolidation. As a means of facilitating recycling, the City is supportive of allowing increased multi -family densities on parcels which do not directly impact single-family residential neighborhoods. An R- 3 by -right density allowance of 30 units/acre would serve as a strong economic incentive for development, and by limiting these supplemental densities to non -P.-1 adjacent parcels, would preserve Temple City's existing 'transition of densities from multi -family zoned areas to abutting single-family neighborhoods. To this end, the City will adopt the following zoning text amendments for R-3 parcels that do not border R-1 zoned properties: • Establishment of a by -right' 30 unit/acre residential density, and 20 unitiacre density floor • Establishment of building heights to 3 stories ' Gcnsistent with Goon Code Section 5558 2(Q, "by rig In' srla l mean the City's review shall not requhe a CUP, a planned development permit, or other discretionary act on ihatwould constitute a "projecP under CEQA. 2-19 SECTION 2 HOUSING PROGRAM • Allowance for reduced parking based on a parking study demonstrating reduced parking demand resulting from transit accessibility or other factors • Elimination of CUP requirement for projects with 3 or more units • Lot consolidation incentives (described further under Program 3). 2006-2014 Objective, Maintain an inventory of vacant and underutilized multi -family residential sites and place on the City's website, and provide to developers in conjunction with information on available development incentives. Adopt zoning text amendments for R-3 parcels that do not abut single family neighborhoods to facilitate program implementation. Program 3. Lot Consolidation Incentives As described under Program I (Downtown Specific Plan), the Specific Plan establishes a variety of density, height and parking incentives for the consolidation of parcels into larger development sites as a means of achieving the scale and quality of development envisioned for the area. Within the City's R-3 zoning districts, the Housing Element sites inventory identifies significant potential for consolidation of adjacent underutilized parcels into larger development sites, and specifically identifies adjacent parcels under common ownership. Given the small lot sizes in the R-3 zone, the majority of apartment and condominium projects combine one or more parcels, as illustrated by the four recent projects evaluated in Appendix D that all combined parcels to achieve lot sizes ranging from '19,000 to 32,000 square feet. In order to further facilitate lot consolidation and achieve the necessary economies of scale for affordable housing, the City will extend the Downtown Specific Plan lot consolidation program to the R-3 zone district. 2006-2014 Objective: Adopt incentives for lot consolidation in the R-3 zone modeled after the Downtown Specific Plan prograrn, and contact property owners of 2 or moro adjacent underutilized parcels to encourage consolidation. The following incentives will he provided: increased density and height, reduced parking, reduced processing time, vacation of alleys, and fee reductions. Program 4. Zonincr for Special Needs The Zoning for Special Needs Program will meet the need to facilitate and encourage a variety of housing types. More specifically, the program aims to facilitate and encourage the following housing types: • Emergency shelters • Transitional and Supportive housing • Single Room Occupancy (SRO) Units. Emergency Shelters: The municipal code will be amended to establish a zone where emergency shelters are a permitted use and with sufficient capacity to accommodate the City's need for emergency shelter. This amendment will satisfy Government Code Section 05583(a)(4)(A) which requires the Cifyto identify - 2 -20 SECTION 2 HOUSING PROGRAM a zone or zones where emergency shelters are allowed as a pennitted use without a conditional use permit or other discretionary permit. The identified zone or -zones shall include sufficient capacity to accommodate the need for emergency shelter.... except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter." "If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element." [emphasis added] The City's commercial zones are located along Rosemead Boulevard, Temple City Boulevard and Las Tunas Drive. The Zoning Code establishes two commercial zones — a General Commercial (G2) Zone and a Heavy Commercial (C-3) Zone -- plus commercial areas within the Downtown Specific Plan. The C-3 Zone located along Rosemead Boulevard between Las Tunas Drive and Broadway will he the zone where emergency shelters will be permitted by right. Sites and buildings within this area can accommodate the City's homeless need of 28 persons (per the 2009 homeless count of the San Gabriel Valley Regional Homeless Services Strategy). Emergency shelters will be subject to the same development and management standards as other permitted uses in the C-3 Zone. The City will, however, develop written, objective standards for emergency shelters to regulate the following, as permitted under SB 2 (which amended Sections 65582, 65583 and 65589.5 of the California Government Code): • The maximum number of beds/persons permitted to be served nightly; • Off-street parking based on demonstrated need, but not to exceed parking requirements for other residential or commercial uses in the same zone; • The size/location of exterior and interior onsite waiting and client intake areas; • The provision of onsite management; • The proximity of other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; • The length of stay for occupants; • Lighting; • Security during hours that the emergency shelter is in operation. 2006-2094 Objective: Amend the zoning ordinance within six months of Housing Element adoption to add emergency shelters as a permitted in the C-3 zone along Rosemead Boulevard. Develop objective standards to regulate emergency shelters as provided for under SB 2. Transitional Housing and Supportive Housing: Another amendment to the municipal code will identify in the Zoning Code that transitional and supportive housing are considered a residential use of property. This effort wilt include definitions consistent with state law, as well as development standards for these residential uses. Transitional and supportive housing in single- family dwellings will be permitted in the R-1, R-2 and R-3 Zones. Transitional and supportive housing in multi -family structures will be permitted in the R-2 and Rv Zones. HCD advises that transitional housing sites should be close to public services and facilities, including transportation, HCD also states that development standards such as parking 2-21 SECTION 2 HOUSING PROGRAM requirements, fire regulations, and design standards should not impede the efficient use of the site as transitional housing. 2006-2094 Objective: Amand the zoning ordinance witltht six months of Housing Element adoption to make explicit provisions fortransitional and supportive housing. Single -Room Occupancy Units: This Zoning Code amendment will identify single room occupancy units as a conditionally permitted use within the C-3 zone district. This effort will include a definition of SRO units consistent with state law as well as development standards for this residential use; e.g., site area, unit size and occupancy, kitchen facilities, bathroom facilities, parking, and management. The City will review SRO ordinances adopted by the City of Santa Rosa as well as other cities. 2006-2014 Objective: Amend the zoning ordinance within six months of Housing Element adoption to define and establish parameters for single roost occupancy uses within the C-3 zoning district. Program 5. Enercgv Conservation Proctram Temple City is one of 27 San Gabriel Valley cities participating in the development of an Energy Efficiency Plan as part of a unified regional framework for meeting long-term energy efficiency goals. This framework will allow the Energy Efficiency Plan developed for each city to function as a stand-alone document tailored to individual communities. The City and the San Gabriel Council of Governments (SGVCOG) have developed an on-line resident survey and are hosting a number of workshops and events to gather community input and guide the development of the Energy Efficiency Pian. The Energy Efficiency Plan will: • Summarize the City's existing and future energy use • Project the City's existing future energy use (through 2020) • Identify energy efficiency goals and targets • Create an energy efficiency strategy to meet the City's energy reduction goals • Assist in meeting State and regional goals of greenhouse gas (GHG) reduction and long- term energy efficiency. The Energy Efficiency Plan project is funded by California utility ratepayers and administered by Southern California Edison (SCE). The funding was awarded to the SVGCOG to implement activities to achieve statewide energy efficiency goals. 2006-2014 Objective: Adopt the Energy Efficiency Plan by the end of 2092, and continue to provide information on the City's website to educate residents, businesses, and visitors on actions they can take to reduce energy use and conserve energy. incorporate energy utilization and conservation policies within the General Plan update, targeted for a 2013 start date. 2-22 SECTION 2 HOUSING PROGRAM PROGRAM CATEGORY 42: ASSIST IN THE DEVELOPMENT OF ADEQUATE HOUSING TO MEET THE NEEDS OF EXTREMELY LOW-, VERY LOW , LOW-, AND MODERATE- INCOME HOUSEHOLDS Government Code Section 65583(c)(2) states that a housing program shall: `Assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households," The term "development' includes providing for affordability covenants in existing housing and construction of need affordable housing units. The City's housing improvement programs, which are descrihed in another section, also contributes to "adequate housing' by helping to improve housing quality and maintain affordability. Housing Need Summary Overpaying is defined as the number of lower income households that spend 30% or more of their income on housing costs. Severe overpaying occurs when households pay 50% or more of their gross income for housing. In 2000, overpaying — also known as cost burden — was adversely affecting an estimated 1,364 lower income renter households and 933 lower income owners. In addition, the City's was allocated 405 housing units as its share of the regional housing need for lower income households. 2. Goals, Policies and Quantified Objectives a. Goals Facilitate the development of the maximum feasible number of housing units for extremely lore-, very low-, low- and moderate- income households Pelieve the cost burdens of extremely low, very low and /ow income households. b. Policies Provide rental assistance to extremely low and very low income households through programs administered by the County of Los Angeles Housing Authority. Continue to implement the second emit ordinance to facilitate and encourage the development of new housing for extremely low and very low income households. Enact a density bonus ordinance and consider implementation of an inclusionary housing policy to encourage and facilitate the development of new housing for low and moderate income households. 2-23 SECTION 2 HOUSING PROGRAM C. Objectives Provide Section 8 rental assistance to 59 extremely low and very low households Produce 34 housing units affordable to extremely low, very low and low income households through second units. 3. Housing Programs Program 6. Rental Assistance (for Existing Cost Burdened Households) Temple City is a participating city with the Housing Authority of the County of Los Angeles. As a result, the Housing Authority administers the Section 8 Housing Choice Voucher Program within the City limits. The Housing Choice Voucher Program is HUD's major program for assisting very low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Since housing assistance is provided on behalf of the family or individual, participants are able to find their own housing, including single-family homes, townhouses and apartments. In general, a family's income may not exceed the very low income limits (50% of the median income) for Los Angeles County. By law, the Housing Authority must provide 75% of its vouchers to applicants whose incomes do not exceed 30% of the County median income. Under the provisions of the Voucher Program, the tenant pays approximately 30% of his/her income towards rent, and the Housing Authority pays the balance of the rent to the property owner, who participates in the program on a voluntary basis. HUD annually sets rent ceilings by bedroom size; Table 2-8 shows the FY 2012 rent ceilings. Table 2-8 2012 LA Counter Section 8 Farr Market Rents F 5, �(farketRen�t� �=I Studio $961 1 Bedroom $1,159 2 Bedrooms $1,447 3 Bedrooms $1,943 4 Bedrooms $2,338 Within Temple City, the Housing Authority assists 59 lower income families, seniors and disabled householders. The objective maintains this number of assisted households given the uncertainty of funding in the future for the Section 8 Housing Choice Voucher Program. The income group objectives are based on 75% of the assisted households in the extremely low Income group (44) and 25% of the assisted households in the very low income group (15). 2-24 SECTIO14 2 HOUSING PROGRAM In order to assist the Housing Authority staff in program implementation, the City will do all of the following: Transmit to the Housing Authority the completed Apartment Rental Survey and any future updates of these surveys. [The completed survey is found at the end of Technical Appendix C. The City will transmit the completed apartment rental survey to the Housing Authority during 2012.] Assist the Housing Authority in conducting its Landlord Outreach Program in Temple City. The City will contact the Housing Authority staff to detennine a schedule for conducting a Landlord Outreach effoit. The City will attempt to complete the Landlord Outreach Program in FY 2012-2013. Explore with the Housing Authority staff, opportunities for use of the Section 8 program in existing apartment housing. The City will explore these opportunities following completion of the Landlord Outreach Program and the Authority's review of the Apartment Rental Survey. 2006-2094 Objective: Maintain current levels of Section 8 assistance. Coordinate with the Housing Authority in conducting landlord outreach and explore opponunitles to expand usage of Section 8 in existing apartment housing. Program 7. Affordable Housinq Development Assistance The City can play an important role in facilitating the development of quality, affordable housing in the community through provision of regulatory incentives, land write-downs and direct financial assistance. By utilizing various tools to facilitate infill development, the City can help to address the housing needs of its looser and moderate income residents and workforce. The following are among the types of incentives the City can provide: Reduction in developmentfees • Flexible development standards Density bonuses City support in affordable housing funding applications Land virite-down on City -awned property (such as public parking lots). Due to the statewide elimination of redevelopment agencies, Temple City's primary local funding source for affordable housing is no longer available. The City has been successful in securing in non -redevelopment sources of funds to implement public projects, as evidenced by the 14 different federal, state, county and other sources of funds being utilized for Implementation of the Rosernead Boulevard Safety Enhancement and Beautification project. In an effort to meet its housing goals, the City will identify and secure creative funding sources that may not have been considered previously, such as foundation and private banking resources, as well as inclusionary housing in -lieu fees (refer to Program 10). 2006-2014 Objectives: Provide financial and regulatory incentives to private developers for the development of quality affordable housing for families and seniors. Seek additional funding sources to meet City housing goats. 2-25 SECTION 2 Program 8. Second Units HOUSING PROGRAM A second unit is a self-contained living unit with cooking, eating, sleeping, and full sanitation facilities, either attached to or detached from the primary residential unit on a single tet. Second units offer several benefits. First, they typically rent for less than apartments of comparable size, and can offer affordable rental options for seniors and single persons. Second, the primary homeowner receives supplementary income by renting out their second unit, which can help many modest income and elderly homeowners remain in or afford their homes. Temple City permits second residential units "by right" in the R-1, R-2 and R-3 zoning districts, providing significant additional capacity for second units throughout the community. The City has structured its second unit regulations to ensure their affordability, requiring rents to be maintained at levels affordable to very low income (<50% AMI) households and units to be occupied by very low income households. With 24 second units receiving fhial building permits during the planning period (2006 -April 2012 — refer to Attachment A for addresses), the market for second units in Temple City is robust. Projecting a similar rate of second unit construction during the remaining 2012-2013 period, the City anticipates an additional ten units to be developed. 2006-2014 Objective. Through implementation of the City's second unit ordinance, provide additional sites for the provision of rental housing. Educate residents on the availability of second units through development of informational materials for distribution at the public counter, and through advertisement on the City's ivebsite by 2013. Seek to achieve a total of 34 second units during the planning period. Program 9. Revise Density Bonus Procedures SB 1818, which took effect on January 1, 2005, revised the State density bonus law — Government Code Section 65915-65918. The law requires all cities to adopt procedures that describe how compliance with Sections 65915-65918 will be implemented. Density bonuses may be given for affordable housing, senior housing, [and donations for affordable housing, and child care facilities. The City will prepare an ordinance describing its procedures for implementing the revised density bonus law. Pursuant to the SB 1818 provisions, density bonus units must be granted — when certain conditions are met by the applicant — for very low-, low-, and moderate -income households as well as senior citizen housing developments. The list below summarizes the SB 1818 density provisions (refer to Attachment A at the end of this Section for a more detailed explanation): A 20% bonus for developments with 5940 very low-income units and increases that by 2.5% for every percentage of very IeVJ-income units above 5%, up to a cap of 35040. A 20% bonus for developments with 10% love -income units and increases that by 1.590 for every percentage of low-income units above 10%, up to a cap of 350%. A 5% bonus for condo/PUD developments with 10% moderate-incorne units and increases that percentage by 1% or every percentage of moderate -income units above 10%, up to a cap of 35%. 2-26 SECTION 2 HOUSING PROGRAM A 26% density for a senior citizen housing development. "Senior" and "affordable" housing density bonuses cannot be combined. That is, an applicant only may seek a density bonus from one of the very -low, low, moderate or senior categories. In addition to the density bonus, eligible projects may receive 1-3 additional development incentives, depending on the proportion of affordable units and level of income targeting. The following development incentives may be requested: ✓ Reduced site development standards or design requirements. ✓ Approval of mixed-use zoning in conjunction with the housing project. ✓ Other regulatory incentives or concessions proposed by the applicant or the City that would result in identifiable cost reductions. Applicants are also eligible to utilize the State's alternative parking ratio (inclusive of handicapped and guest spaces) of 1 space for 6-1 bedroom units, 2 spaces for 2-3 bedroom units, and 2.5 spaces for 4+ bedrooms. 2006-2094 Objective: Update the City's density bonus provisions consistent with State requirements by 2013. Encourage the use of density bonus incentives by advertising on Temple City's website and by providing information on available density and regulatory incentives in conjunction with discussions with development applicants. Program 10. Prepare Inclusionary Housing Poliev Temple City will pursue adoption of an inclusionary housing program to require a minimum percent of units in development to be price -restricted as affordable to lower and moderate income households. An inclusionary housing ordinance would typically require: (a) provision of affordable housing on-site; or (b) provision of affordable units off-site; or (c) payment of an affordable housing in -lieu fee. Current case law (Palmer/Sixth Street Properties v. City of Los Angeles) limits the application of inclusionary requirements to: 1) for -sale housing projects, 2) rental projects receiving financial or regulatory assistance from the city subject to a written development agreement. The City will conduct an inclusionary housing nexus study to document the relationship between residential development and demand for affordable housing, and to determine both the maximum supportable and recommended in -lieu fee amount. Based on the study's findings, the City will develop and adopt an inclusionary housing ordinance structured to offer incentives to help offset the cost of providing affordable units- In -feu fees generated from the program will be contributed to the City's Housing Trust Fund. Incentives offered under the Inclusionary Housing program will be linked with incentives offered under the City's Density Bonus program (Program #9). 2006-2094 Objective: Conduct an Inclusionary Housing Nexus and In -Lieu Fee Study to establish the basis for considering adoption of an inclusionary housing ordinance. 2-27 SECTION 2 HOUSING PROGRAM PROGRAN4 CATEGORY #3= ADDRESS AND, WHERE APPROPRIATE" AND LEGALLY POSSIBLE, REMOVE GOVERNMENTAL CONSTRAINTS TO THE MAINTENANCE, IMPROVEMENT AND DEVELOPMENT" OF HOUSING More specifically, Government Code Section 65583(c)(3) states that a housing program must: "Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and developnrent of housing, including housing for all income levels and housing for persons with disabilities. "The program shall remove constraints to, or provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities." Housing heed Summary Technical Appendix 8 contains an analysis of several governmental factors that affect the maintenance, improvement and development of housing. The analysis indicates that the City should take certain actions to remove or ameliorate governmental constraints, as follows: Adopt a reasonable accommodation procedure. Allow residential care facilities for seven or more disabled persons to submit applications through the adopted reasonable accommodation procedure. Revise the Zoning Code definition of "family." include "residential care facilities' — as required by State law — among the uses permitted in zones that allow single-family dwellings. 2. Goals, Policies anti Quantified Objectives a. Goals Remove governmental constraints to the maintenance, improvement, and development of housing. b. Policies Provide Zoning Code provisions that address the fair housing needs of disabled persons. Ensure that Zoning Code provisions do not adversely impact the housing needs of disabled persons. c. Quantified Objectives accomplish the housing proga;ns by the and of 2013. 2-23 SECTION 2 HOUSING PROGRAM 3. Housing Programs Program 11. Multi -family Residential Review Process Temple City currently requires a conditional use permit (CUP) for multi -family development of three or more units in the R2 and R3 zone districts and for all multi -development within the Downtown Specific Plan, necessitating a public hearing before the Planning Commission, While the Housing Element constraints analysis (Appendix B) concludes that the City's processing procedures are efficient and do not serve as a constraint to development, the added $9,000 fee and processing time associated with the CUP does add cost and a degree of uncertainty to development. As a means of better facilitating housing, the City will implement a new administrative review process for multi -family development focused on site and architectural review that will be per "by right" rather than subject to a discretionary review process. In administering the process, stair will apply the City's existing detailed multi -family design guidelines, which are specified in the zoning code, to regulate development consistent with the quality and character of the Temple City community. With design guidelines in place, the City is in a position to replace the current multi -family CUP review and approval process with a ministerial design and site review process to be conducted by the Community Development Department's site plan review committee. 2008-2014 Objective: Eliminate the CUP requirement for new multi -family residentiai development within the Downtown Specific Plan and in the R-2 and R-3 zones for projects with greater than 2 units, and replace with a non -discretionary review process based on compliance with existing code -based design guidelines. Program 12. Adopt a Reasonable Accommodation Procedure The adoption of a reasonable accommodation procedure is a means of addressing the special needs of the disabled population. A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing -related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. Technical Appendix B includes information on the nature and scope of a reasonable accommodation procedure. The Federal Departments' of Justice (DOJ) and Housing and Urban Development (HUD) as well as the California Attorney General all encourage cities to adopt a reasonable accommodation procedure. For example, both the DOJ and HUD state that - "Local governments are encouraged to provide mechanisms for requesting reasonable accommodations that operate promptly and efficiently, without Imposing significant costs or delays. The local government should also make efforts to insure that the availability of such mechanisms is well known within the cemmunity. ' 'Joint Statement of the Department of Justice and the Department of Housing and Urban Development, Group Homes, Local Land Use, and 'rhe Fair Housing Act, August 18, 1999, page 4. 2-29 SECTION 2 HOUSING PROGRAM The Office of the State Attorney General advises localities to consider adoption of a reasonable accommodation procedure. In 2001, the Attorney General stated: "Both the federal Fair Housing Act (`FHA') and the California Fair Employment - and Housing Act (FEHA') impose an affirmative duty on local governments to make reasonable accommodations (i.e., modifications or exceptions) in their zoning laws and other land use regulations and practices when such accommodations 'nay be necessary to afford' disabled persons `an equal opportunity to use and enjoy a dwelling." 2006-2094 Objective: The City's Reasonable Accommodation Procedure Program will accomplish the following by the end of 2093: • Complete research on Federal and State laws and policies that require adoption of a reasonable accommodation procedure. This task will be completed by the end of 2009. • Review and evaluate at least three reasonable accommodation procedures adopted by California cities, • Conduct outreach with the disabled populations to review initial drafts of the procedure and gather input. The outreach will include but not he limited to Mental Health Advisory Services, Inc. • Process the reasonable accommodation procedure through a Zoning Code Amendment. • Display brochures/flyers of the procedure at the Community Development Department counter. • Advertise the procedure and application requirements on the City"s website. Program 13. Housina for the Disabled Zoninq Code Amendments The analysis of governmental factors (Technical Appendix B) identifies three amendments that the City will adopt to affirmatively further adequate housing opportunities for disabled persons. The Zoning Code amendments are to: Revise the City's definition of "family." A definition of family should refer to a housekeeping unit or household instead of distinguishing between related and unrelated persons, as the City's current definition does. Include the licensed residential care facilities that are required by state law to be permitted uses in the zones that allow single-family dwellings. Establish a streamlined procedure for applications for residential care facilities housing seven or more disabled persons. 2006-2094 Objective: The City will complete the above zoning code amendments by the end of 2093. 2-30 SECTION 2 HOUSING PROGRAM PROGRAM CATEGORY #4: CONSERVE AND IMPROVE THE CONDITION OF THE EXISTING STOCK OF AFFORDABLE HOUSING Government Code Section 65583(c)(4) states that a housing program shall describe actions to: "Conserve and improve the condition of the existing affordable housing stack, which may include addressing ways to mitigate the loss of dwelling units demolished by public and private actions." Housing Need Summary Based on a windshield survey, the prior Housing Element estimated 650 housing units were substandard and suitable for rehabilitation. Since 2000, homeowners have made improvements to the housing stock and some substandard housing units have been demolished. In addition, the City's code enforcement actions have resulted in repairs and improvements to existing housing. Taking into account the home improvements made since 2000, and that some housing units have declined in quality during the past eight years, the current estimate is that 500 housing units are in need of rehabilitation. According to the prior Housing Element, an estimated 100 housing units were beyond repair and should be replaced. Census 2000 reported that 65 housing units lacked complete plumbing facilities and 168 lacked complete kitchen facilities. The replacement housing need is estimated to be between 100 and 125 housing units, based on estimates of the prior Housing Element, Census 2000 indicators, and demolition activity between 2000 and 2007. 2. Goals, Policies and Quantified Objectives a. Goals Achieve a housing stock free of substandard c0170101as. b. Policies Continue to implement the City's Housing Code Enforcement Program. Continue to implement the Home Improvement Deferred Loan Program. c. Quantified Objectives Housing code enforcement at an average level of 125 new cases per year for all income levels. Rehabilitation of 51 housing units through the HandyworkerAssistance Prograrn (2006- 2011). Rehabilitation of 38 housing units through the Horne Improvement Doferred Loan Program (2006-2014). 2-31 SECTION 2 HOUSING PROGRAM 3. Housing Programs Program 14. Houstnq Code Enforcement Program The City's Housing Code Enforcement Program involves the enforcement of all municipal codes and ordinances, various State and local lavas and health and safety regulations as they relate to conditions or activity within the City, The primary method that the City uses to obtain code compliance is voluntary compliance. If this method does not attain compliance, then other legal actions are taken to eliminate substandard conditions. The City continuously conducts housing code enforcement through two approaches. The first approach is drive by inspections focusing on fire hazards, nuisances and other violations of the housing and building codes. The second approach is complaint driven and often results in stop orders on illegal building practices (construction without appropriate permits). A primary objective of the program is to achieve code compliance through rehabilitation. As a result, code enforcement personnel are knowledgeable on the City's housing rehabilitation efforts, and refer homeowners to the rehabilitation specialist for information on how the loan and grant programs can help them to correct the code violations. Program 15. Handl-worker Assistance Program The Handyworker Program is geared to assisting lower income homeowner households, Eligible improvements include exterior weatherization and the repair or replacement of obsolete or non- functioning heating, plumbing, electrical, or structural components of their owner -occupied residence. The program provides grants up to $10,000. The City's objectives under the program for the 2006-2011 period are as follows: Extremely Low Income 9 households/units Very Low Income 26 households/units Low income 16 households/units The program has been funded primarily through the City's Redevelopment Agency, with some additional funding from the City's Community Development Block Grant (CDBC) funds allocation. However, due to the State of California's elimination of redevelopment agencies, and the federal government's ongoing reduction in annual CDBG allocations for cities, in 2011 the City suspended the Handy -worker Assistance Program until additional funding becomes available. 2006.2€114 Objective: Provide handyworket assistance grants to 51 households. Program I6. Home imr)rovement deferred Loan Program This program offers assistance to owner -occupied households to make repairs or replace obsolete or non-functioning heating, plumbing, electrical, or structural components of the residence. The program features include: Deferred loans up to a $25,000 maximum 2-32 SECTION 2 HOUSING PROGRAM 3% per annum simple interest Interest accrues for 20 years Principal and interest are not due and payable until safe or change in title No prepayment penalty Examples of eligible repairs include: Bedroom additions to relieve overcrovdding P.00f repair/replacement Structural repair Plumbing/electrical repair Furnace repalrlreplacement Painting/stucco Yard clean-up T enuite repair Insulation for energy/conservation Other repairs as needed The Deferred Loan Program has been expanded to include -- as eligible expenditures of CDBG I unds -- modifications and retrofits to homes occupied by one or more disabled persons. The eligible modifications and retrofits include, but are not limited, to: histallation of grab bars Wheelchair ramps Lifts Expandedlmodified doorways Railings Modifications of steps Outreach forthe Deferred Loan Program involves thefolloving: Program announcements on the City's Website Availability of program flyers at the Community Development Department Availability of program flyers at the Live Oak Park Community Center Display ads in the local newspaper Announcements in the Cit} s quarterly newsletter Periodic workshops Resident interest and participation in the program is high, with the number of applications frequently exceeding available funds. 2006-2014 Objective: Continue to provide program outreach to achieve the foilowing levels of assistance through the 2006 - 2014 period. Extremely Low IRCwne 9 households/units Veiy Low Income 9 households/units Lav Income 20 households/units 2-33 SECTION 2 HOUSING PROGRAM PROGRAM CATEGORY #5 PROMOTE HOUSING OPPORTUNITIES FOR ALL PERSONS Section 65583(c)(5) requires that the housing program: Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancesby national origin, color, familial status, or disability.' Housing Need Summary In California, housing discrimination is against the later. The California Fair Employment and Housing Act - 9 Provides protection from harassment or discrimination in housing because of: o Race o Color o Religion o Sex o Sexual Orientation o Marital Status o National Origin o Ancestry o Familial Status o Source of Income o Disability ? Prohibits discrimination and harassment in all aspects of housing including sales and rentals, evictions, terms and conditions, mortgage loans and insurance, and land use and zoning. Requires housing providers to make reasonable accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable modifications of the premises. ➢ Prohibits retaliation against any person who has filed a complaint with the Department, participated in a Department investigation or opposed any activity prohibited by the Act. The California Department of Fair Employment and Housing (DFEH) enforces the Fair Employment and Housing Act (FE IA), Unruh Civil Rights Act, and Ralph Civil Rights Act. In 2006, the DFEH received 1,096 FEHA housing complaints, 39 Ralph Civil Rights Act complaints and 125 Unruh Civil Rights Act Complaints. The Ralph Civil Rights Act provides protection from hate crimes based on characteristics such as race, color, disability and age. The Unruh Civil Rights Act provides protection from discrimination by all business establishments based on characteristics of color, disability, national origin and race. The Code of Federal Regulations (CFR) governing the Community Development Block Grant (CDBG) Program requires that entitlement jurisdictions prepare an assessment of impediments to providing fair housing choice within their jurisdiction (CFR 570.904 [c][1]). 'Fair horsing 2-34 SECTION 2 HOUSING PROGRAM choice' means the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap and familial status to have available to them the same housing choices. Temple City is a participating city in the County of Los Angeles CDBG Program. The County's Community Development Commission is the entity responsible for preparation of the Analysis of Impediments to Pair Housing Choice (AI). The County's 2eO6 At made the following conclusion: Evidence demonstrates that households vrith protected classes, such as familial status, the disabled, and race and national origin, are still affected by discriminatory terms and conditions as well as discriminatory refusal and lack of reasonable accommodation, including advertising activities by housing providers. The Al recommends that the County Community Development Commission encourage participating cities to undertake the following actions: Adopt procedures for reasonable accommodation Remove. or modify the definition of family in zoning ordinances to eliminate restrictions based on whether household occupants are related or unrelated Ensure zoning ordinances are in compliance with the Lanterman Development Disabilities Services Act. The Temple City Housing Element sets forth programs to address each of these three Al recommendations (refer to Programs 4-12 and 4-13). A summary of the AI's complete findings and recommendations is included in Attachment B at the end of this section. 2. Goals, Policies and Quantified Objectives a. Goals Attain a housing marker with "fair housing choice" meaning the ability of persons of similar income levels regardless of race, color, religion, sex, national origin, handicap and familial status to have available to them the same housing choices. b. Policies Continue to promote fair housing opportunities through the City's participation in the County's Community Development Block Grant Program. Promote fair housing by providing infermation to residents on agencies that can help thern with their fair housing needs. C. Quantified Objective Quantified objectives are not established for this program category because a projection of the cases and clients to be served cannot be made at this time, 2-35 SECTION 2 HOUSING PROGRAM 3. Housing Programs Program 17. Fair Flousinq Services Through the City's participation in the County's CDBG Program, the Housing Rights Center provides fair housing services to Temple Citys residents. The Center offers the following services to city residents: Housing Disenmhration Complaints. HRC investigates housing discrimination complaints brought under both State and Federal fair housing laws. A housing discrimination complaint can be investigated through testing, the gathering of witness statements, or through research surveys. HRC resolves cases in a number of ways including conciliation, litigation or referrals. Outreach and Education: HRC has established an effective and comprehensive outreach and education program. The Center continuously develops and distributes written materials that describe the applicable laws that protect against housing discrimination and ways to prevent housing injustices. Additionally, HRC presents fair housing law workshops and programs to target audiences to teach communities how to stop housing inequity. The Center's materials and programs are offered to a variety of audiences such as property personnel (e.g. landlords, property managers, and realfors), tenants, prospective homebuyers, code enforcement personnel, police officers, city employees, and other non-profit organizations. Depending on the audience, the written materials and presentations can be translated by HRC staff into Armenian, Korean, Mandarin, Spanish, or Russian, TenanfJLandlord Counseling: HRC provides telephone and in-person counseling to both tenants and landlords regarding their respective rights and responsibilities under California law and local city ordinances. In addition to answering basic housing questions, counselors commonly cite specific civil codes that pertain to the client's matter and/or provide sample letters that discuss a particular issue. When a client's matter Is outside the scope of HRG's services, the Center provides appropriate referral information. These referrals include, but are not limited to local housing authorities, health and building & safety departments, legal assistance agencies, and other social service providers. Beginning in FY 2012-2013, the City will co-sponsor an annual Temple City Fair Housing Workshop and Temple City Walk-in Clinic. The Walk-in Clinic will be held at the Community Center. 2006-2014 Objective. Continue to promote fair housing practices, and refer fair housing and tenant/iandlord complaints to the Housing Rights Center. Program 18. Fair Housina Information The City furthers fair housing education and outreach in the local community by making fair housing information available at City Hall, Chamber of Commerce, Live Oak Park Community Center, the Temple City Library and the City's Newsletter. Information includes brochures and M11 SECTION 2 H®USING PROGRAM other written information obtained from the Housing Rights Center, HUD, DFEH and other sources. In addition, the City will make information available on its Website and provide links to additional resources such as the following: Reasonable Accommodations State Department of Fair Employment and Housing's (DFEH) video on reasonable accommodations for tenants http:/Iwww.dfeh.ca.aov/fairHousinaVideo.asox Fair Housing Information for New Developments Accessibility Requirements fot Buildings - httu://www, hud.gov/offices/flieo/disabilities/accessibilftvR. cfm HUD Fair Housing Act Design Manual - httD://www.huduser.orati3ublications/destecii/fairhousin.q,htmt "Fair Housing Accessibility First Website" — h tto: //w w w. fa i r h o u s i n q first. o rg fi n d ex. a s p Zoning Activities Covered Under Fair Housing Laws Information on the Fair Housing Act, as ii relates to Group Homes and Local Land Use Additional HUD Fair Housing Information HUD Office of Fair Housing and Edual Opportunity HUD information on Fair Housing as it relates to Senior Housinq 2006-2074 Objective: Advertise services available through the fair housing program through distribution of fair housing brochures in community locations, and provide information on fair housing resources on the Temple City Website. 2-37 / TrAC 1 + 1 e,) _r '40 PART 3. ZONE R-3 9360: PERMITTED USES: No person shall use, nor shall any property owner permit the use of an R-3 zoned lot for any use, other than the following: A. Principal Uses: 1. One preexisting single-family residential dwelling unit, if the following conditions exist: a. That such single-family residential structure, together with all accessory uses, was constructed in conformity with the zoning regulations in effect at the time of such construction; and b. That no other uses exist upon the premises than those permitted by the regulations applicable to R-1 zoned property as set forth herein; provided that subsection Ala of this section shall not be construed to prohibit the construction of any accessory building or structure, or the reconstruction of any existing building or structure if the same complies with the existing zoning regulations applicable to zone R-1 as set forth herein. 2. Single-family dwellings shall be permitted, provided: a. That for such use the regulations contained in part 1, "Zone R-1" of this article shall apply to the exclusion of the regulations hereinafter set forth; and b. That when an R-3 zoned lot is improved with an R-1 use after September 15, 1989, no other uses shall be permitted thereon. Prior to the issuance of a building permit for a single-family (R- 1) use to be built to applicable R-1 development standards, a deed restriction, covenant or comparable legal instrument, approved as to form by the city attorney, shall be recorded with the county recorder's office including all pertinent restrictions and limitations so as to assure the continued use of the property for R-1 purposes. c. Second units shall be permitted as set forth in section 9332 of this article.. 3. Preexisting multiple units. 4. New or reconstructed multiple dwelling units, if the following conditions exist: a. Such lot or parcel has a lot width of at least fifty feet (50'). b. The abutting public street has been dedicated to a width of at least thirty feet (30') from centerline abutting such lot or parcel; and c. Such public street has been improved by standard street construction to a width of at least twenty feet (20') from centerline abutting such lot or parcel -street improvements to include pavement, curb, gutter, sidewalk, utilities, drainage and lighting. (1960 Code; amd. Ord. 89- 654; Ord. 03-888) 5. Communitv Care Facilitv / small 6. Supportive housina 7. Transitional housina B. Accessory Uses: Accessory buildings or structures. Animals: 1. The maximum number of household pets over four (4) months of age shall not exceed the limitations set forth below; "household pet" shall mean any domesticated animal commonly maintained in residence with man, but not including any animal which is capable of and inclined to, inflict harm or discomfort to or upon any persons; and a. If there is only one residential dwelling unit on said lot, then the limitation shall be three (3) such household pets, and if there are two (2) such units on said lot, then the limitation shall be two (2) household pets per unit, and if there are three (3) or more such units on said lot, then the limitation shall be one household pet per unit. 2. Not more than two (2) rabbits or chickens (excluding roosters) or ducks over three (3) months of age; and 3. Except as otherwise provided, compliance shall be had with the provisions of this use within a period of sixty (60) days from and after the effective date hereof; and 4. Nothing contained in this use shall prevent the keeping of animals or fowl by a tax supported eleemosynary or public educational institution, which are utilized as a part of such institution's curriculum; and 5. All the regulations herein shall be subject to the general nuisance ordinances of the city and it shall be unlawful for any person to maintain any animal which constitutes a public nuisance. Daycare home, large family, subject to guidelines as contained in section 9458 of this chapter. Daycare home, small family. Home occupation, subject to the limitations contained in section 9109, "Definitions", of this title. Off street parking spaces, accessory to principal R-3 uses. Open spaces. Storage of building materials during the construction of any building or part thereof, and for a period thirty (30) days after construction is completed. (1960 Code; amd. Ord. 92-717; Ord. 94-762; Ord. 90- 679) The following regulations shall be limitations on, and be applicable to, all uses in zone R-3: A. Vehicles: 1. Parking Of Vehicles: No person shall park any vehicle or any component thereof, for any purpose, in front or side yard areas on any R zoned lot, except in driveway areas. Repair, Dismantling Or Storage Of Vehicles, Prohibited: No person shall assemble, repair, dismantle or store any vehicle, other than as herein provided, on any part of R zoned lot, unless such work is done: a. Within an enclosed building; or b. In an open area which is completely enclosed by view obscuring walls, not less than six feet (6') in height, or by the exterior walls of a building or buildings. 3. Exception: Provided, that the prohibition imposed by subsection Alb of this section shall not be deemed to apply to the occasional and incidental assembly or repair of vehicles owned by the person in possession of the premises on which such takes place; provided that a disabled vehicle which is being repaired or assembled, shall not be stored except as provided in subsection Alb of this section for a period longer than seven (7) consecutive days with any thirty (30) day period. Commercial Vehicle: No vehicle which is registered for commercial purposes pursuant to the applicable provisions of the Vehicle Code of the state of California and which exceeds three (3) tons in unladen weight shall be parked or left standing on any part of any R zoned property, in excess of thirty (30) consecutive minutes unless actual loading or unloading of said vehicle is in progress on said property. B. Exterior Lighting: All exterior lighting operated or maintained in conjunction with any activity or purpose on the premises, shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located. The lighting elements thereof shall be directed or shielded so as to not be directly visible from any dwelling unit on the same or adjacent premises. C. Parking Within Driveways: "No Parking" signs with lettering not less than two inches (2") in height shall be placed conspicuously at the entrance to, and at intervals of not less than fifty feet (50') along every required driveway. Where a driveway serves parking facilities of five (5) or more vehicles, no person shall park, stand or leave any vehicle in any portion of said driveway, except for the purpose, and during the process, of loading and unloading passengers or goods and only while such vehicle is attended by the operator thereof. (1960 Code; amd. Ord. 77-452) All premises in the R-3 zone shall comply with the standards prescribed herein: A. Lots: 1. Area: The minimum required area of each lot hereinafter created in the R-3 zone shall be ten thousand (10,000) square feet. 2. Width: The minimum lot width of R-3 zoned lots shall be fifty feet (50'); provided that no new lot shall be created after the effective date of this regulation having less than the following number of minimum widths: a. Interior lots shall have a width of not less than eighty feet (80'). b. Corner lots shall have a width of not less than one hundred feet (100'). 3. Permissible Lot Coverage: Buildings, including accessory buildings and structures, shall not cover more than fifty percent (50%) of the area of any lot. Furthermore, at least twenty percent (20%) of the lot area shall be permeable; these areas may be maintained with landscaping, appropriate ground cover, permeable pavers or other acceptable pervious materials, but may not be covered with structures, concrete or asphalt. B. Buildings: 1. Length: No building or structure shall exceed a length of one hundred fifty feet (150'). a R-3 zoned lots except those adioininq R-1 zoned lots: Buildings shall not exceed a maximum height of three (3) stories or forty feet (40') whichever is less. b. R-3 zoned lots adioininq R-1 zoned lots: Buildings shall not exceed a maximum height of two (2) stories or thirty feet (301 whichever is less 3. Lot Area Per Dwelling Unit:Ain m lot a ^ dwelling ;.t shall he weth, ^a four hundred (2400square feet-. a. R-3 zoned lots except those adioininq R-1 zoned lots: Lot area per dwelling unit shall not exceed one thousand four hundred fifty-two (1,452) square feet nor be less than two thousand one hundred and seventy-eight (2,178) square feet . 4. Minimum Gross Floor Area for Dwelling Units: a. Bachelor units shall contain not less than six hundred (600) square feet. b. One bedroom units shall contain not less than seven hundred fifty (750) square feet. c. Two (2) bedroom or one bedroom and den units shall contain not less than nine hundred (900) square feet. d. Three (3) bedroom or two (2) bedroom and den units shall contain not less than one thousand one hundred (1,100) square feet. e. Each additional bedroom over three (3) shall require that one hundred fifty (150) additional square feet of floor area be added to the dwelling unit. f. Not more than forty percent (40%) of the total building complex shall be composed of bachelor and/or one bedroom units. 5. Stairways: No exterior stairway shall be placed in front of, and within ten feet (10"), of any door or window. 6. Elevators: All buildings containing dwelling units above the third floor shall be served with elevators in addition to the stairways otherwise required by law. For purposes of this section the number of floors, in a building shall be counted from the lowermost floor to the uppermost floor and shall include subterranean off street parking areas. Off Street Parking: Each lot in the R-3 zone shall have, on the same lot or parcel of land, parking spaces as provided in section 9291 as amended. At least two (2) parking spaces per dwelling unit, each of which shall be located in a garage, plus one space, which shall be open and unenclosed, for each two (2) units or any fraction thereof. Such parking facilities shall be conveniently accessible and located only on such portions of the lot or parcel of land upon which structures may be erected. The off street parking spaces which are required to be located in a garage shall be located upon the lot so that the vehicular access thereto is not directly visible from a public street. 8. Off Street Parkina Reduction: For R-3 zoned lots that do not adioin R-1 zoned lots the off street oarkina standard may be reduced subiect to approval by the director of a studv adeauately demonstrating reduced parkina demand resulting from transit accessibilitv or other factors. 9. Subterranean and semi -subterranean oarkina shall be allowed onlv on R-3 zoned lots not adioininq R-1 zoned lots and shall not be considered as a story of the buildina. For purposes of this section, subterranean and semi -subterranean oarkina shall mean anv construction oroiect which entails excavation, aradinq and/or mounding of earth so as to chance the existina grade of the lot by more than 18 inches for the specific oumose of orovidinq off street oarkinq beneath living area." C. Yards And Courts: Except as provided in this part 3 no building or structure shall occupy any part of any required yard. 1. Front Yards: Each lot in the R-3 zone shall maintain a front yard of not less than twenty feet (20') in depth. a. Front Yard Determination: In any of the following situations at the time of any new construction or development or at the request of any property owner seeking clarification the front yard and front yard setback shall be determined by the community development director. Any decision of the director may be appealed to the planning commission and any decision of the planning commission may be appealed to the city council in accordance with the procedures established by sections 9208 through 9212 of this chapter: (1) Any lot which abuts two (2) separate streets, such as a corner lot or a double frontage lot. (2) Any lot which is noncontiguous to any public street but has access thereto by private easement. (3) Any lot which has less than thirty five feet (35') of frontage on a public street. b. Off Street Parking Or Garages: No off street parking spaces or garages shall be located within the required front or side yard areas or in front of the main building, unless completely subterranean. 2. Side Yards: In the R-3 zone every lot shall have and maintain side yards as follows: a. Interior lots shall have a side yard on each side of the lot of not less than the following: Single story 5 feet structures 2 -story structures 10 feet for the first story. An average second story side yard setback of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. b. Corner lots and reversed corner lots shall have and maintain the following side yards: (1) On the side lot line which adjoins another lot, the side yard requirement shall be as follows: Single story 5 feet structures 2 -story 10 feet for the first story. An average second story side yard setback structures of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. (2) On the side street side, the width of the required side yard shall be as follows: Single story 10 feet structures 2 -story structures 10 feet for the first story. An average second story side yard setback I of 15 feet shall be provided; however, at no time and no point shall the second story setback on any side be less than 10 feet or less than the first floor setback. 3. Rear Yards: Every lot in the R-3 zone shall have a rear yard as follows: Interior And Corner Lots: Interior lots and corner lots shall have a rear yard of not less than fifteen feet (15), except where such lots rear upon an alley, the rear yard shall be not less than five feet (5'). b. Reverse Corner Lots: Reverse corner lots shall have a rear yard of not less than fifteen feet (16). c. Accessory Buildings And Uses: (1) Accessory buildings and uses shall be permitted in rear yard areas. (2) Exceptions: (A) Where the rear of a lot abuts an alley, no building or structure, excepting a fence, shall be located in the rear five feet (5) of such lot. (B) Where accessory buildings are permitted and located in a rear yard area, a passageway not less than five feet (5') in width, with twelve feet (12') of overhead clearance shall be maintained. (C) On reversed corner lots, no building or structure, except permitted fences, shall be located in that portion of a required rear yard directly to the rear of the required side yard area abutting the street. 4. Courts: All courts required hereunder, shall be open and unobstructed from the ground to the sky, except as herein provided: a. Each court upon which dwelling units face, which have door or window access on only one side thereof, shall be not less than fifteen feet (15') in width from the from building line to the rearmost of any such doors or windows. D. Open Space: Each lot in the R-3 zone shall be maintained with usable, landscaped open space and developed open space areas, provided that the requirements of this subsection shall apply only to R-3 lots upon which new residential structure(s) are erected after the effective date of these regulations. 1. Required Usable Landscaped Open Space: There shall be a minimum of five hundred (500) square feet of landscaped open space per dwelling unit. 2. Access: All dwelling units for which open space is required shall have and maintain suitable access thereto. 3. Development Details For Open Space: a. A maximum of fifty percent (50%) of the required landscaped open space may be covered by a cabana or patio cover. b. A maximum of fifty percent (50%) of the required landscaped open space may be provided in the form of common recreational areas. c. All open areas except driveways, parking areas, walkways, swimming pools, utility areas, improved decks, patios, porches or play areas, between the front lot line and the rear line of the main building, or buildings if there is more than one, shall be maintained with appropriate landscaping. d. Whenever a driveway is located within a required side yard, and when dwelling units face said yard, a landscaped area at least five feet (6) wide shall be maintained between such a driveway and any dwelling on the same lot. Walkways may encroach not more than thirty inches (30") into this landscaped area. E. Storage, Trash And Utility Areas: 1. Accessory Storage Space: Not less than sixty (60) cubic feet of enclosed accessory storage space shall be provided for each dwelling unit. 2. Trash Areas: a. All outside trash and garbage collection areas shall be enclosed or screened. b. Trash containers shall provide the equivalent of not less than fifty (50) gallons capacity per dwelling unit and shall be located within one hundred fifty feet (150') thereof. Where "bulk type" trash containers (3 cubic yard capacity or more) are used, there shall be not less than one such container for each dwelling units. G. All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe, and sanitary condition. All containers shall be provided with tightfitting lids. d. All trash storage areas shall be located for convenient vehicular access for pickup and disposal. F. Special Development Criteria: 1. For an attached multi -unit structure, no linear wall along the side of a second story building shall extend longer than twenty feet (20') without an offset of four feet (4') or, alternatively, twenty four feet (24') without an offset of five feet (6) for a distance of not less than eight feet (8'). 2. For a detached single unit, no linear wall along the side of a second story building shall extend longer than twenty four feet (24') without an offset of'two feet (2') for a distance of not less than eight feet (8'). 3. Balconies may be placed along a front elevation or along a central driveway, where dwelling Units on the same parcel are situated on both sides of a so called double loaded driveway. Balconies shall be prohibited on the side and rear elevations where a unit faces a structure on an adjacent property. 4. Any guest parking space which is abutted by a single wall shall be twelve feet (12') in width; any guest parking space which is abutted on both sides by a wall shall be fourteen feet (14') in width. 5. Guest parking spaces shall be improved with grasscrete, turf block or similar material to allow better permeability and less runoff. 6. At least forty percent (40%) of the lot area shall be permeable. Furthermore, at least twenty five percent (25%) of the lot area shall be landscaped. The required landscaped area shall not include permeable pavers, turf block, or grasscrete, but shall include lawn area, shrubs, or flowerbeds. 7. At the terminus of an access driveway that serves two (2) or more dwelling units, there shall be extensive tall growing shrubbery, such as American arborvitae (Thuja occidentalis). Alternatively, an architectural enhancement, such as a decorative trellis combined with appropriate vines or comparable landscaping could be provided to enhance the view of multiple -family development projects from the street. 8. Chainlink fencing shall not be allowed in the front yard setback or any yard area between a dwelling and a public right of way. 9. Portable shade structures shall be prohibited in the front yard and in the street side yard. 10. (Rep. by Ord. 07-916) 11. Compliance with the requirements of the fire department regarding matters such as fire flow, hydrant location and driveway width. 12. The following parking requirements shall be made: a. For each unit: Two and one-half (21/2) spaces of which two (2) shall be enclosed and one-half ('/Z) open. b. Tandem parking shall be prohibited, exception: Guest parking shall be permitted in tandem for individual dwelling units in instances where the proposed dwelling unit is a detached dwelling unit with a private two (2) car garage, equipped with roll up type garage door(s) and automatic garage door opener and where vehicular access is provided directly from a public street. c. Underground parking may be required to have special safety provisions as required by the fire department and building and safety department. d. No use shall be made of any parking area or access thereto, other than for the parking of vehicles; such spaces shall be used for no other purpose at any time. 13. All utilities shall be placed underground. 14. The following minimum gross floor area shall be required: Bachelor units I 600 square feet 1 bedroom units I 750 square feet 2 bedroom units I 900 square feet 3 bedroom units 11,100 square feet For each additional bedroom 500 square feet 15. Adequate trash and garbage collection and pick up areas shall be provided for use within one hundred fifty feet (150') of each unit in a location or locations accessible to a public street or alley, and enclosed on three (3) sides by a five foot (5') high masonry, brick or concrete wall. Such areas may be for individual dwelling units. Areas for group use shall be set back or otherwise protected from adjacent properties and streets. 16. Plumbing (gas and water) shutoff valves. Separate fullway shutoff valves shall be provided to each dwelling unit. 17. Common wall and floor -ceiling assemblies shall be required to conform to the sound insulation performance criteria. 18. All permanent mechanical equipment, which is determined to be a source of potential vibration or noise, shall be shock mounted as determined by the building officials. 19. Landscaping and exterior lighting plans must be submitted to the planning director for review and approval with the site plan. 20. A single area having a minimum of one hundred sixty (160) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards, within the dwelling unit. Said storage may be located within the garage, provided it does not interfere with automobile parking. 21. A dwelling unit(s) nearest the front property line shall have a "front elevation" as viewed from the street as opposed to a "side elevation" and shall have the front door situated along the building wall nearest the street. air filters that have a filtration efficiency equivalent to a Minimum Efficiency Reporting Value (MERV) of 14 or higher as determined by testing methods established by the American Society of Heating Refrigerating and Air -Conditioning Engineers (ASHRAE) Standard 52.2, as periodically amended. All such ventilation system equipment and air filters shall be installed operated maintained and replaced in a manner consistent with applicable building code requirements and with the manufacturer's specifications and recommendations. Alternative air pollution mitigation measures (e.g., setbacks landscaped buffers etc.) may be utilized where feasible if they can be shown to have a mitigating effect that is equal to or greater than the enhanced air filtration measures specified herein. G. Floor Area Ratio Requirements: No multiple -family residential project consisting of more than one dwelling unit shall exceed a total floor area ratio (FAR) of 0.70, including enclosed garages. 1. The second story floor area of any dwelling unit shall not exceed seventy five percent (75%) of the first story floor area, including the garage area of an attached garage. H. Dish Antennas: The standards of development for dish antennas shall be subject fo the limitations set forth in subsection 9333J of this article. The approval of a cond tional Use p8FMit, pursuant to section three /1\ n e dWell'.. r.'ts located on then e Int /'ral mrcr�r�vwc. 2. A conditional use permit shall be required wheR ene OF more 9202 of th s chapter, is required fG+ din apartments). new dwelfiRg uFlit(s) aFe being ad sin an R 3 zoned lot that GurFen ly has eRe dwell ng unit and one ..t fer then nd . r.'t/s\: m cc-�csrnrn�c-oc'v-vrr�rn-rt�s�. . Unit n nets e n h n,Jmrt n ..L /d!1l10%\ nF Ft.o floor .. nF vP` Tc bI 1 '4 ,J fi .. ih e� M (111f\\ sg am fact nsl A'nn n egress or more of the following criteria are the .. n'F v—P�rr�uryun.r c. Unit is a two stmt 3 A conditional use permit shall also be required fer �padf4gfeaief-4�e,iyc�' ech es (1 22"" 'e height from the natural grade J. Automatic Fire Sprinkler System: An automatic fire sprinkler systein shall be installed throughout all new attached residential dwellings, including attached garages, in the R-3 zone. Said sprinkler system shall comply with the requirements of NFPA 13 or NFPA 13D as determined by the fire department. (1960 Code; amd. Ord. 76-431; Ord.. 80-496; Ord. 85-562; Ord. 85-579, Ord. 87-621; Ord. 88-630; Ord. 89-654; Ord. 90-663; Ord. 90-680; Ord. 90-681; Ord. 91-704; Ord. 93-741; Ord. 05-896; Ord. 07- 916) 9362.1: R-3 Zone Lot Consolidation Incentives: A. The following incentives are intended to encourage the consolidation of smaller R-3 zoned lots into larger development sites in order to achieve the scale and quality of development envisioned for the area. 4 to 6 lots: 15% increase in number of allowable units 10% reduction in quest parking 7 or more lots: 20% increase in number of allowable units 10% reduction in quest parking" B. Throuah the development aareement process, the city may consider other lot consolidation incentive bonuses such as increased building height vacation of alleys reductions in processing fees, in -lieu fees, or utility connection fees. The extent of such bonuses may vary on a case-bv-case basis subiect to aareement between a proiect applicant and the cit r� rt�p=1 .o`ii eta Iu unu a01WIA i�atapa� 1 Illi I<a1G E01IN 01111 aG H Hill, ouoom 10110110111 A A N A O v m � ^ O V o 0 CD LC p = 0 6 Q O o eD D A c � � S W = rD 0 T 0 — _ N y N O 0 G N NeD m mph Q =. {® CD e �= n �Av, Y N N O M N CD CITY OF TEMPLE CITY Notice of Public Hearing and Notice of Intent to Adopt a Mitigated Negative Declaration UPDATE OF THE HOUSING ELEMENT OF THE TEMPLE CITY GENERAL PLAN, AND DRAFT INITIAL STUDY/ PROPOSED MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBY GIVEN that ther City Council of the City of Temple City will hold a public hearing to consider the proposed City of Temple City 2008-2014 Housing Element an amendment of the City's general plain, and the related Draft Initial Study/Proposed Mitigated Negative Declaration. The hearing will be held on the date and time described below and -will be located in the Council Chambers, 5938 Kauffman Avenue, Temple City, at which time -and place any and all interested persons may appear and be heard on this matter. The scheduled public hearing date is as follows: Date: Time: Public Hearina Tonics May 7, 2013 7:30 PM City Council consideration of adopting the City of Temple City 2008-2014 Housing Elementand related Initial Study/Mitigated Negative Declaration. PROJECT City of Temple City 2008-2014 Housing Element APPLICANT; City of Temple City, (cfo Community Development Department), 9701 Las Tunas Drive, Temple City, CA 91780 PROJECT LOCATION: Citywide. As an element of the Temple City General Plan, the City of Temple City 2008- 2014 Housing Element would be applicable to the entire community. PROJECT DESCRIPTION: The proposed project entails a City -initiated general plan amendment to adopt the City of Temple City 2008-2014 Housing Element. This draft housing'element update identifies goals, objectives and programs that are intended to address housing needs to!- all segments of the Temple City community, and do so in a manner consistent with state statutes on housing element content, and with state requirements for all cities to accommodate their fair share of current regional demand for affordable housing. The draft update of the housing element includes policies and programs that would apply citywide, and if implemented would, among other things, have the potential for increased intensity of land use (higher residential density) on certain properties in the Downtown Specific Plan area and in the R-3 zone. A copy of the draft City of City 2008-2014 Housing ElemenUiPublic Hearing Draft is available for viewing on the City of Temple City website at: httD:11www.temalecitv.uslhousIRi HousinaElementtlodate.asD , and at the City's offices at 9701 Las Tunas Drive, Temp e City, CA 91780. ENVIRONMENTAL ASSESSMENT: As required by the California Environmental Quality Act (CEQA), the City, as Lead Agency for the environmental review of the draft Cify of Temple City 2008-2014 Housing Element„ has prepared an Initial Study of the draft housing element's policies and programs to determine whether or not implementation of these policies and programs would entail any potentially significant env ronmental impacts; and if so, how they can be mitigated. The "Draft Initial StudylProposed Mitigated Negative Declaration" on the draft housing element is available for public review at the City of Temple City website at: hNDJ/www.temDlecltv,usthousina/Housln�ElemenfUDdate.ao and at the City's offices at 9701 Las Tunas Drive, Temple City, CA 91780. The City Council, at its hearing on the draft housing element update, will also consider the Initial Study, along with any comments from the public, and any comments and a recommendation from the Planning Commission. If warranted, the City Council would adopt a Mitigated Negative Declaration indicating that it is the City's assessment that adoption of the draft housing element and Implementation of its policies and programs will not have significant adverse effects on the environment, subject to implementation of the mitigation measures specified in the Initial Study. PUBLIC REVIEW PERIOD: Public comments on ilia Draft Initial Study [Proposed Mitigated Negatibe Declaration will be received by the City for a period of 20 days beginning on Tuesday, April 9, 2013. The public comment period will end on Monday, April 29, 2013. The public is invited to submit written comments on the City of Temple City 2008-2014 Housing Element, and the Draft Initial Study/Proposed Negative Declaration to the Community Development Depaitment, City of Temple City, 9701 Las. Tunas Drive, Temple City, CA 91790 or phone (626) 285- .2171. 85-.2171. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at -the public hearings described in this notice, or In written correspondence delivered to the City of Temple City at, or prior to, the public hearings. ray Starns, AICP PI 1110 Manager Note: Copies of the Draft City of Temple City2008-2094 Housing Elementand draft environmental assessment docmnent are available for review at: • Temple City City Hall, Community Development Department, 9701 Las Tunas Drive, Temple City; CA. 91780 • City of Temple City Internet website at: htto:llwww.temolecity.uslfiouslnalHousinaElementUddate.aso DRAFT INITIAL STUDY/ PROPOSED MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL INFORMATION CHECKLIST FORM Date: 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project location: 5. Project sponsor's name and address: r 6. General Plan land use designation: 7. Existing zoning designation: S. Description of oroiect: March 26, 2013 City of Temple City 2008-2014 Housing Element City of Temple City, 9701 Las Tunas Drive, Temple City, CA 91780 Paul Defbel, AICD, Project Manager, Community Development Department, City of Temple City, 9701 Las Tunas Drive, Temple City, CA 91780,(626)285-2171. City of Temple City (please refer to Figure 1) City of Temple City All designations citywide All zones citywide The housing element is one of the six elements of Temple City's general plan and must be updated pursuant to California Government Code $action 65588 for the 2006.2014 planning period, The proposed housing, element update, titled City of Temple City 2008-2014 Housing Element (Housing Element), identifies and assesses projected housing needs and provides an inventory of constraints and resources relevant to meeting these needs. Components of the draft Housing Element include: a housing needs assessment with population and household characteristics, identification of constraints to providing housing;_ an inventory of available sites for the provision of housing for all economic segments of the community; and a statement of goals, quantified objectives, policies, and an implementation program for meeting the City's housing needs. Temple City's draft housing element update goals focus on: i. Accommodating a portion of the housing needs of all income groups as quantified by the Regional Housing %eeds Assessment, 2. Facilitating the construction of the maximum feasible number of housing units for all income groups, 3. Facilitating the development of the maximum feasible number of housing units for extremely low- income, very low-incomo, low-income, and moderate -income households. 4. Relieving the housing cost burdens of extremely low, very low, and low-income households. 5. Removing governmental constraints to the maintenance, improvement, and development of housing. 6. Achieving a housing stack free of substandard conditions. Draft Indict Sfudy/t titiga(ad Negative Dedwallon City of Temple City 2008-2014 Housing Element 7. Attaining a housing market with "fair housing choice," meaning the agility of persons of similar income levels regardless of race, color, religion, sex, national origln, handicap, and familial status to have available to them the same housing choices. As described in the draft Housing Element (Section 2, Housing Program), Temple City's share of regional housing growth need (as identified by the Southern California Association of Governments through its Regional Housing Needs Analysis (RHNA)) is a total of 937 housing units for the 2006.2014 planning period. The draft ;lousing Element also Illustrates (Technical Appendix D, Sites Inventor,/ and Analysis) that, under current General Plan designations and with some planned modifications to development standards for multi -family. development In the residential zones and the Downtown Specific Plan, the City has an estimated additional capacity for 1,238 residential units that can be deveiopod on vacant and undorutilfzed sites, (See attached Figures 2 and 3,) Therefore, Temple City has sufficient zoned capacity to accommodate the overall RHNA allocation and there is no need to change any General Plan or zoning designations at any location fn the community In order to accommodate the housing growth needs identified in the draft mousing element update. Temple City plans to fulfill its RHNA allocation using a combination of the methods listed below and shown on Figures 2 and 3: I. Housing units built or issued permits during the planning period; 2. Residential development within the Downtown Specific Plan; 3. Underutilized Mae zoned for resldentfal use; 4. Residential second units The majority of available sites idenliffed in the draft Housing Element are within the R-2 and R-3 zones, with the second largest portion located in the Downtown Specific Plan area. This staeciffc plan, adopted by the City in 2002, establishes standards, guidelines and regulations for four districts In the City — The Los Tunas East Commercal Distrlot, Temple City Blvd, Commercial District, Las Tunas West Commercial District, and tho Gateway Commercial District, Analysis fn, this document is limited to the review of potential environmental Impacts resulting from the adoption and Implementation of the draft housing element and its programs, including the element's consistency with the City's existing general plan and with the Downtown Specific Plan. The specific environmental effects,of any future development, Including the methods described below, W6uld vary on a project -by -project basis, but adherence to the City's subdivision code, zoning code, building coda, site, plan review process and other applicable regulations will mitigate the potential for future residential development to have an adverse fropaot on adjacent uses and on the environment. . 9. Surrounding land uses: Citywide — not applicable. 10. Agencies whose approval is required: The City of Temple City Bre lt,nitGat Studyt,^.<i`tgafed A:sgatrve Hx�L�ra?iort City ofTompte Qy2008-2014 Housing Element °Ln >�a a` u r. s �- C 0 H C° EQ F w O ® a u_ w G 0 . E O -03, >® s U a O .� Ln ❑ Q1 o C ® 0 N +- to � | % 4 2/ /\ c �m ® . .73 ¥ \\_ k� j\� ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked belovt Would be potentially affected by this project, involving at least one impact that Is a "Potentially Significant ImpaX as indicated by the checklist on the following pages. ❑ Land Use and Planning ❑ TransportaiioniCirculation ❑ Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Systems ❑ Geological Problems ❑ Energy and Mineral Resources ❑ Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources Q Air Quality ❑ Noise ❑ Recreation ❑ Greenhouse Gas Emissions q Mandatory Findings of Significance d i i i 3 Draft Initial Study l Mitigmed Negative Daclimtfon City of Temple City 2008.2014 Housing Efament DETERMINATION: (To be completed by Lead Agency) On the basis of this initial evaluation: Q I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. fit ' 1 find that, although the project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A NEGATIVE DECLARATION will be prepared. Q I ilnd that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Q ' I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect i) has been adequately analyzed In an earlier document pursuant to applicable legal standards, and 2) has boon addressed by mitigation measures based on the earlier analysis as described on attached sheets, An ENVIRONMENTAL. IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. U I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avolded or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, Including revisions or mitigation measures that are imposed open the proposed project, nothing further is required, lure offrey &tarns, AICP Printed Name -S-015 'S "01 Date Draft Initial Study/Mitigated Negative Declamilon Cityof i einple CIty2008-20N Noustng Element EVALUATION OF ENVIRONMENTAL IMPACTS A. LAND USE AND PLANNING. Would the proposal: 1. Con [list with general plan designation or zoning? La LJ Ll may( 2. Conflict with applicable environmental plans or policies Q Ll Ll 0 adopted by agencies with jurisdiction over the project? 3. Be Incompatible with existing land use In the vicinity? LJ Ll Ll 0 4. Affect agricultural resources or operations (s,g., impacts to Ll Ll 2 soils or farmlands, or Impacts from incompatible land uses)? 5. Disrupt or divide the physical arrangement of an established f;( 0 community (including a low-income or minority community)? (A 1.5) The proposed City of Temple City 2000-2014 Housing Element is an update of one of six elements of the City of Temple City General Plan, and its goals, objectives and policies will be consistent with those of the Land Use Element, the Circulation Element, and all of the other elements of the General Plan. The proposed Housing Element will also be consistent with the goals and objectives of the Downtown Specific Plan which sets forth standards, guidelines and regulations for four districts in the City: The Las Tunas East Commercial District, Temple City Blvd. Commercial District, Las Tunas West Commercial District, and the Gateway Commercial District. An important goal of the specific plan is to "develop a downtown which provides a variety of retail, office, financial, cultural, and residential opportunities" along with an objective to "designate key sites within the planning area for mixed-use development" (Development Framework, II -2), In the draft Housing Elemeni, Housing Program Category 41 (Section 2.10) furthers the goats and objectives of the Downtown Specific Plan by identifying thirteen development opportunity sites suitable for higher density multi -family residential development and calling for amendments to the residential development standards in the Specific Plan to promote mixed-use and Infill housing development opportunities In the downtown. The Housing Element plans to accommodate the community's residential growth needs as determined by the Southem California Association of Governments (SCAG) through the Regional Housing Needs Assessment (RHNA). For the current RHNA planning cycle, 2006 -- 2014, the BHNA estimates the City's share of regional housing demand by households of all income levels as a need to accommodate the development of at least 007 now residential units. The residential sites inventory, described in Technical Appendix D of the Housing Element, estimates the City's additional dwelling unit capacity, based on existing zoning and land use, and subsequent to planned modifications of the zoning code development standards for multi -family residential development, at 1,236 units (refer to Figure D-2 and Table D-3). This capacity was determined by examining the realistic development potential of all sites in the R-2 and R-3 zones, using criteria such as the ratio of existing building area to parcel size and the relative value of any existing building on the parcel, The sites identified on the residential sites inventory consist of underutilized parcels within the R-2 and R-3 zones, and oppoqunity sites located in the Downtown Specific Plan area, that have the greatest feasibilily for new higher -density residential development by the private sector. Muhf-family residential development on these sites will be required to meet the standards and design guidelines outlined for each area in the zoning code and the Downtown Specific Plan, the subdivision ordinance and the building code. In light of this analysis, no land use or zoning designation changes are necessary at any location to accommodate the community's sbare of regional housing need, and no such land use or zoning designation changes are proposed as pad of the Housing Element's programs. As described above, adoption of the Housing Element and implementation of its policies and programs will not conflict will) any General Plan or zoning designations, not conflict with existing land uses in the vicinity, nor disrupt or divide the physical arrangement of an established community. All future development will be required to comply with all applicable City environmental plans or policies as required through compliance with the zoning, subdivision and building codes, and subject to the site plan review process. No agricultural resources or operations will be impacted since the sites Identified in the Housing Draft Initial Stcdyl P4ftigated Negative Declaration City of Tomple City 2008-2014 Housing Element ('olonAnlfy SlypotenIONY Loss Than nilleant Unless 9106110ent SEgn!1'saol MW2,11m tr.,pact No forest Impact Incorporated Element are located in residential or specific plan zones, and no agricultural Pends ramal" Int the City. In summary, adoption of the draft Housing Elemant and implementation of its policies and programs will net conflict with or hTva a negailye impact on planned (and uses in ',he community. B. POPULATION AND HOUSING. Would the proposah 1. Cumulatively exceed official regional or local population Ll Lj Q R1 proloGfiens? 2. Induce s.,bstantiai growth fn an oleo either directly or indfrectiy { LJ (e,g., through projects In an uncimelopod area or LY tY.l extens?an of major infrastructure)? 3. Displace existing housing, especially affordable housing? t—y ❑ R La (51.3) The Housing ElemontIs one of the six elements of the City's General Plan and must be updated pursuant to Callforale Government Code Section 65588 for the 2008.2014 planning period. The Housing Element is a policy document that identifies and assesses projected housing needs, as determined by the Southam California Association of Governments through the Regional (lousing Needs Assessment (RHNA) process. The City's residential growth needs allocation per Ilio RHHA for this planning period is 987 neer residential units. Ac described In the Housing Element, the City's residential sites inventory provides a reallstla capacity for devalopmont of 1,238 new units, and no land use or zoning designation changes are nacessary to accommodate the community's share of regional housing need. Thus residential development pursuaal to the programs of the Housing Element wdf he in fine with regional and focal population projeclions. Moreover, the sites on the inventory are located within an urbanized area and are surrounded by existing development. As shown in Technical Appendix D, Attachment A of the Housing Elcanom, the majonlly of silos Identified to meet the (?HNA are currently under -developed R-2 and R-3 zoned properties. Therefore, adopffon of the draft Housing Element and friplomentation of Its programs and policies will not induce substantial grotvih In any area of 1110 City that is not already planned and zoned to accommodate such growth. The Housing Element also inctudes policies and programs m help conserve and improve housing within the community, including affordable housing. (See Program Category N3 in Section 2 of the Housing program, with associmad goals, policies, and oblooiives.) White it Is possible that some existing housing on underutilized site. In the R-2 and R-3 zones may be displaced by now higher density multi -family, development, the net supply of housing available to all Income levels In the community would be augmented, especially for affordable housing, Any displacement of existing housing through this process of development would be less Ilion significant. In summary, adoption of file Rousing Element and implementation Of Its pellotes and programs will not nave a necat(ve impact with respect to populationn growth or permanent displacement of housing in the community. Drat initiaf Studyt h;dfga:ed tkyat;ve Doctafafion Crty of Temple City 2008-2414 Housing Element I i C, GEOLOGIC PROBLEMS. Would the proposal result In or expose people to potential Impacts Involving: 1. Fault rupture? 2. Seismic ground shaking? 3. Seismic ground fallure,Including liquefaction?. 4. Seismic, tsunami, or volcanic hazard? S. Landslides ormudflows? 6, Erosion changes in topography or unstable soft conditions from excavation, grading, or fill? 7. Subsidence of the land? 8. Expansive soils? 9, Unique geologic or physical features? polentlalfy Lasa Than polenilaliy signll[cantunleaa Significant 8lgnlroanl 1h11[gallon impact NO impact Impact Incorporated LJ Ll 10 LJ Imo! Ll U Iw! U 10 ® LJ (C 1-9) Like most of Southern California, there is the possibility of strong ground motion In Temple City from earthquakes, A Seismic Hazards Zone has been designated by the California Department of Conservation in the southern portion of the city, indicating a risk for liquefaction and requiring special mitigation measures as defined in Public Resources Code, Section 2693 (c). Detailed geologic investigations are required prior to development within a Seismic Hazards Zone, and any such development must be designed to miligate such risks. The Housing Element includes identified sites and policies to accommodate regional housing demand for now housing developments within existing residential zones and the Downtown Specific Plan area and does not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, subdivision and building codes, all of which include requirements intended to rnfigale the effects of seismic ground shaking and other effects. Required compliance in particular with the seismic safety construction requirements of the California Administrative Code Title 24, Part 2, (California Building Code) will substantially reduce the risks of adverse impacts to human life safety and to properly loss from seismic ground -shaking. Due to the City's inland location, the City Is not susceptible to tsunamis, nor are there any known volcanic hazards In the vicinity. The topography of the community Is relatively flat, and this area is not prone to erosion, landslides or mudflows, Any potential impacts related to geologic hazards, Including the potential for liquefaction, erosion, subsidence or expansive soils, will be analyzed In conjunction with the approval of a particular project, Any necessary project site-specific mitigation measutes will be Identified at that time. In addition, Program Category 04 in Section 2 of the Housing Element (page 2-31) calls for the continued implementation of the City's Home Improvement Deferred Lean Program for low-, very low-, and extremely lova-income owner -occupied households. The program provides loans of up to $25,000 to perform major rehabilitation, including seismic retrofitting. Moreover, the City has 7 Graft fnitial Study/ MUlgaled Negative Doolaratfon City of Temple City 2008-2014 Housing Element i Paianihdi Lean Than f'utentleliy Stpnllioont Unless Srgnlllcenr S1gnUicant Lti%^,=iron Impact h'o lmpxct Impact I3conotated several programs in place to handle seismic emergencies, including an Emergency Operations Plan and a hazard Mitigation Pian that is curtcntfj bring rev;ewed by Ca1E%11A and FENIA In summa y, adoption of Via Housing Element and implemenfation of its pcIlclos and programs w14 not exposa people In tka community to significant unmitigated risk related to selsm!c activity or geologic hazards. p, WATER. Would the proposal result in ; I. Changes in absorption rates, drainage patterns, or rate and i amount of suffaca runoff? 2,. Exposure of people or property to waler related hazards such t l 1, y as floodL ing? Lv_.1 f 3. Discharge Into surface waters or other alteration of surface f-7) water quality(e.g.,temperature,dissolved oxygen or U LLl Rf lurbUtyj? 4. Changes in the amount of surface wafer in any water body? fl L3 L) 21 5. Changes in currents, or the course or direction of water 4t�� ® �Yr - r�. movements? G..i �Y-J G. Changes in the quantity of ground wafers, either through f l y Lj`—y r di;eci addiions or withdrawals, or through hiltsL eeption of an (� f aquifer by cuts or excavations, or INuugh substantial loss of groundwater recharges espabilly? 7. Altered diractlon or rate of flow of groundwater? ® ® Ll t 6. ImlrmIstogrcuncivraWquality? _ r --y (f ---$•j jr—;7� 9. Sabslastlal reduotion in the amount of gro:irdvrater othemliss t,� f �A jV��J ! available for publiowater supplies? ® Ll ® IY I j (61.9) As shown in Figure D-1 of the Housing Eisment, the largest sites idem: ted!n the tes*nt"al site, inventory are cutraw ly occupied by commercial uses located In the downtown specific plan area that are at present largely covered by impervious sudaces. A coovers'aa of these sites to include resfdanttal uses scold pot-aiNally result in a red; orlon in surface water rt,naff and an increase In absorption rattan. Inversely, same underutilized R-2 and M zoned silts (Figure D-2) could see an inureaso In surface orator ranolf and a decrease in absorption rates, as a result of more intense development, in total, the development deseribad in the Housing Element is not anticipated to significantly increase the amount of storm water runoll on theca sites subject tocomp'ianse w1h all applicable regurations- The Noosing Element includes Identified sites and pollclas to accommodate reg'anal housing de;rand for now hcusing devalopments within existing residential zones and !tie Downtown Specific Plan area, rind does not call for land use or zoning des'gnat?on changas, Ali svch dave'apment wi'.l be suttjec. to comp:lan.e with the zcr,Ing, subdirlsioni end build:n;f cacias, all of whfclf include requirements intended to mitigate file impacts of increased demand for water usage and the potentially negative Draft tndiat Stadyt;.f;tigated NsgaA e Declansic,o CilyofTenpfe City 2008-2014 Housing Element 8 Pclantlally Less Titan Pmentle!ly slynilluml unless Slgnlficanl signin nhl wtinallcm Impact No Impact Impact Incorpsralod effects of uncontrolled surface runoff, flooding, or other advorsa impacts to water resources, including groundwater quality, Any potential impacta related to water msouraes, including Increased use of groundwater and impacts fo groundwater quality, will be analyzed in conjunction with the approval of a particular project, A grading plan and a drainage plan must be approved for any development site plor to Issuance of any building permit. In addition a `Water Availability Letter' is required from the water district or company that would be supplying potable water to the development. Any needed mitigation measures will be identified through the subdivision and or building permit issuance process, including compliance with National Pollutant Discharge Elimination System (NPDES) requirements and the City's storm water management guidelines. In summary, adoption of the Housing Element and implementation of its policies and programs will not have a negative Impact on water resources or increase exposure of people in the community to water related hazards. B. AIR QUALITY. Would the proposal: 1. Violate any air quality standard or contribute to on existing or ® P 1L7f! projected air quality violation? L! 2. Expose sensitive receptors to pollutants? ® i 1t' LJ 0 3. Alter air movement, moisture, or temperature, or cause any L®1 L®� changes In climate? Ll 4. Create objectionable odors? ® ® L3 R1 (E 1-4) The Oily of Temple City is located within the South Coast Air Basin and is pall of the Southern California Air Quality Management District's Regional Air Quality Management Plan. Mixed-use development is one of the strategies identified In the Housing Element to meat the City's residential growth needs (see Program Category 41 in Section '2- Housing Program). This type of development is seen as a potential way to reduce air pollution, as it places people nearjobs, totail and other serrices and promotes the use of alternative transportation and peciesh'ian linkages. The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area, and does not call for land use or zoning designation changes, All such development will be subject to compliance with the zoning, subdivision and building codes, as well as any applicabla requirements of the South Coast Air Quality Management District, including the mitigation of potential air quality impacts during any construction activity. New residential development, per as, would not he expected to violate any air quality standard or contribute to an existing or projected air quality violation, nor alter air movement, moisture, or temperature, or cause any changes in climate. Accommodation of regional housing demand would entail new residential development at locations adjacent to major highways and arterial streets, as is indicated on the residential sites inventory which includes sites adjacent to Rosemead Boulevard and Las Tunas Drive. Residential development at these locations has the potential to expose sensitive receptors (e.g., housing of children, the elderly and the infirm) to Increased levels of air pollution associated with toxic emissions from vehicular traffic on { heavily travelled sheets. There Is evidence that potentially significant hazards to sensitive receptors may exist in proximity to freeways, major highways, arterial streets, and railroads. (See discussion in SCAQMD Final 2012 Air Qualify Management Plan, Chapter g: "Near Roadway Exposures and Ultra Fine Particles".) 41 Implementation sifts proposed Housing Element programs would entail amendments to the Downtown Specific Plan and to the Drat! Inflial S(udy/Mitigated Negaf(va Deciarafroa City of T emplo City 2008-2014 Housfng Element polonilally Less Than Potentially signirtanl Unless sluRriont Slgnilleant Milluallon Impact No Imp act Impact Incerporded R-3 Zone, respectively, to increase the maximum permissible density for multi -family residential development to 30 dwelling units per acre In the Downtown Specific Plan and on R-3 zoned sites not adjacent to R-1 zoned sites, and to eliminate the current conditional use permit discretionary review process for such higher density development at these locations. Implementation of these programs would allow such development at some locations along Rosemead Boulevard and Las Tunas Drive vrithout discretionary review and without any associated environmental assessment of air quality issues pursuant to CECA of each individual projec€. However, the potential for a significant impact from air pollution to sensitive receptors can be mitigated by including a provision in the implementing code amendments to the effect that any such residential development in the vicinity of an arterial street or railroad shall provide enhanced filtration in the building's heating, ventilation and air cooling ("HVAC') system, among other possible on-site mitigation measures: Mitigation Measure AQ -1: The zoning code amendments implementing Housing Element programs shall include provisions to the effect that any new residential development within 500 feet of an arterial street or railroad shall provide enhanced filtration In the building's healing, ventilation and air cooling (''HVAG") system equivalent to a Minimum Efficiency Reporting Value (MERV) of 14 or greater, and shall consider other air quality impact mitigaling measures (e.g,, setbacks, landscaping buffers, etc.) as determined to be feasible and warranted, all subject to further study in conjunction with consideration of such code amendments. Other steps the City has taken to address air quality environmental issues Include: (1) adoption and ongoing Implementation of a Bikeway Master Plan; (2) ongoing construction of the Rosemead Boulevard Safety Enhancements and Beautification Project, which includes the transformation of a major highway into a multi -modal thoroughfare that will Include public transit components and a protected, dedicated bikeway; and, (3) adoption and ongoing implementation of an Energy Action Plan (EAP) that i oludes a greenhouse gas inventory, energy profile, and energy efficiency action plan. In summary, adoption of the Housing Element and implementation of its programs and policies will net have a significant negative impact on air resources, subject to implementation of measures to mitigate the potentially significant exposure of sensitive receptors In proposed residential development in the vicinity of arterial streets in the community, F. GREENHOUSE GAS EMISSIONS. Would the project: t, Generate greenhouse gas emissions, either directly or t Jf f—Y indirectly, th® ® 2 at may have a significant Impact on the a environment? 2. Conflict with an applicable plan, policy, or regulation I� 1 L) LI—) t- Y adopted for the purpose of reducing the emissions of ...,1 to 1 greenhouse gases? (F 1.2) The Housing Element Includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area and does not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, subdivision and building codes. Vehicles operated by residents of such residential development will produce greenhouse gas emissions, but the marginal impact of these emissions on regional levels of greenhouse gasses will be lass than significant. Moreover, the City of Temple City is taking efforts to reduce greenhouse gas emissions, the most prominent effort being the greenhouse gas inventory that was included in the recently adopted Energy Action Plan (EAP), The plan includes air energy efficiency strategy and an Implementation plan including actions that the City can take to reduce energy consumption and, with it, Draft foltial Sfudyl Mitigated Negative Declaration City of Temple Cify2008-2019 Housing Element 10 Potentially Less Than MON arty algnill ant 0,11093 slgnlllcent slanllreanl M rptloll Impact No lmpocl Impact Incorporated greenhouse gas emissions. Since 2006, the City has implemented a number of energy-saving measures that have reduced the City's greenhouse gas emissions. In 2006 (baseline year), Temple City emitted approximately 186,320 MTCO2o of greenhouse gases. By 2010, ernisslons had dropped to 178,420 MTCO2e, representing a4% reduction. In summary, adoption of the Housing Element and implementation of its policies and programs will not have a significant negative impact on greenhouse gas emissions, nor will it conflict with any plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases in the community. j G. TRANSPORTATIONtOIRCULATION. Would the propasat result In: :E 1. Increased vehicle trips or trafficcongestion? U Ll r+t �j La 2, Hazards to safety from design features (e.g., sharp curves or Ll 1 ® f -1f dangerous intersections) or incompatible uses (e.g., farm LIJ equipment)? 3. Inadequate emergency access or access to nearby uses? U Ll ® (=7f 1 4. Insufficfenl parking capacity on-si€e or off-site? U ®J ® [ S. Hazards or barriers for pedestrians or bicyclists? (l ® ® 9 6. Conflicts with adapted policies supporting alternate transportation ❑ (e.g., bus turnouts, bicycle racks)? 7. Alterations to rail, waterborne or air traffic impacts? (G 1a) The City's transportation system is addressed in the General Plan Mobility Element. Temple City is a built out community with an established roadway system. Local streets comprise the majority of the residential street network in Temple City, in contrast to major and secondary arietial streets. Current transit services include Metropolitan Transit Authority (MTA) Metro Bus access to the nearby Metro Gold Line Sietra Madre Station and to the EI Monte Metrolink Station, adjacent to Temple City. 4 The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area and does not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, 'subdivision and building codes, Including the site plan review approval process, all of which wilt provide for compliance with standards requiring adequate off street parking supply, sate design of vehicular, bicycle and pedestrian access to and from the site and with respect to Interior circulation, provision of bicycle racks and compliance for improvements to the public right of way related to transportation such as street and sidewalk improvements where applicable. Implementation of the proposed Housing Element programs would entail amendments to the Downtown Specilic Plan and to the R-3 Zone, respectively, to Increase the maximum permissible density for Draft Initial Sfudy/Mifigated Negative Declaration City of Temple City 2006-2014 Housing Element 11 Aot&irAly Less Then Pa:entrallp Stgnlfreant Union signlllcant Signrlcant fsKaetlan tnpaci Na 4r¢pe! Impact Ineorpatared mufti -family residential development to 4 dwelling units per acro in tho Downtown Specific Plan and on R-3 zoned sites not adjacent to R-1 zoned sites, and to eilmfnato the current conditional use permit discretionary review process to,, such h!ghar density developmeni at these locations, While, new residential dovelop{nent pursuant to imparrieptatipgof this program may entad sane increase to vehicle tips cn local stteats, such increases;vriti be marginal with respect to Val traf{fc veturres In the community, and any such proleobialated impact will be at leasl partially offset by a required traffic impact fee, Inc Congestion .fanaganreaf Program Fee, which is proporiiorai to the number of dwelling units proposed, and whieli must be paid prier to issuance of building permits, Thus any increase In vehicle trips from development pursuant to implementation of these Housing lenient programs is not expecfed to have a siglr:'ficant impact an traffic circirlation in the community. A Tra:ffc Calmdrg Misnagemert Plan was recently adopted that Wil ?mprove, pedestrian safety throughout fro Oily. Alsa, t! e Bicycle Master Plan and Rmomead Blvd. Safety Enhancements and Beautificalion Project will promote alfernative transit modes and improve podostrian safety to encutiume walkabi y, Tharefero, adoption of the Hausdng Element vrdll not co^iJist with adcpted policies aupporling alternative transportation or result in alterations to rail, watarborno or air traffic. Any potential lmpacta related to transportation, including increased vehicle trips, hazards from design features, inadequate i emergency access, insufficient parking, or hazards or barriers to pedestrians and bicyc;lsls will be analyzed in conjunction with 1 the approval of a paiticular project. Any needed mitfgaflou mea:mres or condltlons of approval will be identified at that time, Nciuding compliance with the policies and programs doscr:bodabove. In summary, adopVcn of the Housing Element and dmplomentat:on of Ile policies end programs vrilf riot haven negailve impact on motility within the community. H. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: t. Endangered,threatened,orranespec;esorthsirhabilats p—y y (including but not limited to plants, fish, insects, animals, and tai �9LLJ birds)? Local{ydesirmaledsaeces(a.n„h—itagetmes)? 3. Locally designated natural commurfiics te.g., oak fo:esG I�,� �� ti coaslnl habitats, eto, ? 4. Welland habitat (e.g„ marsh, riparian and vernal pool)? rp--� U Ll ® Lwl 5. Wildlife dispersal ormlgration corridors? Ll F1 Ll ton (R 1.5) The Oily of Temple City is urbanized and plant life is limited to non-nalive, introduced, and ornamental species that are used for landscaping. The future residential devolopmont discussed in the Housing Element would occur on existing vacant lois and nnderr ifzed sites with existing development. No land use or zoning desfgnailon changes are included as pert of the Houdrig Element. The Cily, does not have any focalfydesignated natural communities, wetland habitats or migration corridors. Due to this urban environment, adoption of the Itouring Element and Implementations of its policies and programs would not have a negative Impact on biological resources. DreftGniuislStudyy,i7iti atedNegativeVoclaratlen 12 City of Temple City,`&8.2014 Housing Element I Petentlally Leaa Than Porenliallslgnllicont Unle33 elgnllroanl ]PPIGI SlnI itldgarlal rinpeeE irorntpao Impncl Incorporated L, ENERGY AND MINERAL RESOURCES. Would the proposal: f. Conflict with adopted energy conservation plans? rj La Ll 2, Use non-renewable resources In a wasteful and Inefficient manner? LJ LJ LL 0 3. Result in loss of availability of a known mineral resource that would be al future value to the region and the residents of the State? 0 j (f.1.3) As described above in Section E, Air Quality, the City has efforts underway to promote energy conservation. Program 5. (Section 2) of the Housing Element describes the Energy Efficiency Plan which the City adopted in early 2013. The Housing Element includes identified sites and petioles to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specilio Plan area and does not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, which will provide for compliance with standards requiring energy efficiency. Required compliance in particular with the requirements of the California Administrative Code Title 24, Part 6, (California Energy Code) will provide for energy conservation in the design and construction of all new development. i None of the sites Identified in the Housing Element's residential sites Inventory (Appendix U) are known to contain mineral resources that would be of future value to the region and the residents of the slate, In summary, adoption of the Housing Element and implementation of its policies and programs will not have a negative impact on energy and mineral resources. J. HAZARDS. Would the proposal havolve: 1. A risk of accidental explosion or release of hazardous tLJ � 1 �j L� I f� G� substances (Including, but limited to: oil, pesticides, chemicals, or radiation)? 2. Possible Interference with an emergency response plan or �p J r j [0 emetgencyevacuation plan? 3, The creation of any health hazard or potential health hazard? Ll U U FIVJ 4. Exposure of people to existing sources of potential health 13 0 hazards? 5. Increased fire hazard in areas with flammable brush, grass, or rte( 1 trace? 13 Draft Initial SludylMlioated Negative Oeciarattcn City of Temple City 2008-2014 Housing Element Potenllsily LmThen Polenllally e12n111'snt Unless slanilleant slanllleant Mogadon Impael NO WPM Impact Inearparated (d 1.5) The Housing Element includes policies and programs to accommodate alt new housing developments within existing built-up residential and commercial areas of the City., As a result, many older structures may be demolished to accommodate the new development. Given the ago of existing slroclures In Temple City, the potengal.exisls for asbestos and lead to be released as part of demolition and construction. However, compliance With federal, slate, City and South Coast Air Quality Management District regulations applicable to ilia capture, containment and disposal of such hazardous materials is expected to preclude any significant adverse impact. The City requires evidence that all such regulations will be adhered to prior to Issuance of any demolition permit. Nevi residential uses may also increase the amount of household hazardous waste generated in the City. The County of Los Angeles Public Works Department, Environmental Programs Division currently has a household hazardous waste disposal program (see website at: htto:l/dow.laeountv.aevfeodleleanla) that is available to Temple City residents. Many policies and programs in the Housing Element address potential hazards, including public health hazards. Policy 2 (b) of Program Category 84 in Section 2 of the Housing Element (page 2-31) calls for the continued Implementation of the Oily's Housing Code Enforcement Program which involves the enforcement of all municipal codes and ordinances, various state and local laws and health and safety regulation as they relate to housing conditions and other activity within the community. The same policy also calls for the continued implementation of the City's Home Improvement Deferred Lean Program which offers assistance to low-income homeowners to make repairs to their properties. In addition, any demolition of bulldings with asbestos must comply with existing federal, state and local regulations, including those of the South Coast Air Quality Management District. The sites identified In ilia Housing Element's residential sites inventory are located in an urbanized area and, therefore, are not susceptible to an increased fire hazard due to flammable brush, grass or trees, The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area and does not call for land use or zoning designation changes, All such development will be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, which will provide for compliance with standards protecting human life safety, and prevention of hazardous conditions. Required compliance in particular with the requirements of Ilia California Administrative Cade Title 24, Part 9, (California Fire Code) will provide safeguards to protect life safety and properly from the hazards of fire and explosion as well as from dangerous conditions arising from the storage, handling and use of hazardous material and devices. In summary, adoption of ilia Housing Element and implementation of its policies and programs will not have a significant negative impact on the potential for hazards In the community. K. NOISE. Would the proposal result in: f. Increases in existing noise levels? ❑ L)0 1= /f 2. Exposure of people to severe noisi e levels? L U ❑I 0 (K 10) The Housing Element addresses the City's residential growth needs (RI -INA) for this 2005-2014 housing cycle, as determined by ilia Southern California Association of Governments (SCAG), as 987 new residential units. The residential sites inventory,.described In Technical Appendix D of the Housing Element, estimates the City's additional dwelling bait capacity, Draft Initial Sludy/Afiligated Negative Declaration City of Temple Ciry 2008.2014 Housing Element 14 Pose@fully Less Than Potenlielry e(gMllcant Urtlass slgaircnat Significant rd(11gellan Impact no Impact Imper Incorporated based on existing zoning and land use, and subsequent to planned modifications of the zoning code development standards for multi -family residential development, at 1,238 units (refer to Figure D•2 and Table D-3), The addition of these units has the potential to Increase noise as a result of construction (temporary Increase), additional traffic and other typical urban activities. As described in the Housing Element, many of the sites idemilied in the residential sites inventory are located adjacent to simais with existing commercial and residential activities, possibly exposing residents to heightened noise levels. The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Ian area and does not call for land use or zoning designation changes, All such development will be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, which will provide for compliance with standards to minimize the exposure of people to severe noise levels, Required compliance by multi-famfiy residential development in particular with the requirements of the California Administrative Code Title 24, Part 6 (California Energy Code, Noise Insulation Standards), which establishes a maximum interior noise level of 45 dBA CNEt, with windows closed, due to exterior noise sources will reduce the potential for exposure to severe noise levels for extended periods to a less than significant level. With respect to exterior noise sources, the City's zoning code noise standards (noise ordinance) provides noise guidelines and standards for significant noise generators. This Includes construction noise and both exterior and Interior operational noise standards for residential uses. The allowable A-welghted decibel scale (dBA) limit for creating noise to residential zones between 7:00 AM to 10:00 PM is an exterior limit of 55 dBA (Temple City Zoning Code Section 9201). in this regard, the City conducts an active code enforcement program which includes enforcement of the noise ordinance. in summary, adoption of the Housing Element and implementation of its policies and programs will not significantly increase noise levels in the community or expose people to excessive noise levels. L. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: i. Fire protection? 2, Police protection? 3. Schools? 4. Maintenance of public facilities, including roads? 5. Other governmental organizations? ❑ ❑ ❑ IJ ® ❑ ❑ 0 ❑ ❑ ❑ l���� J ❑ Ll® f vii( ❑ ❑ Ll0 (L 1-5) Fire protection in the Clty of Temple City Is provided through a contract with the Los Angeles County Fire Department, Police protection Is provided through a contract with the Los Angelos County Sheriffs Department, which operates the Temple City Station In Temple City. Maintenance of roads is provided through a contract Wlh the Los Angeles County Public Works Departmeni, as well ns through contracts with private firms. Public education at the prImory and secondary levels is provided to Temple City residents by three school districts: most of the community's area Is served by the Temple City Unitied School District, although a significant portion of the resident students attend schools in the Arcadia United School Disirlct and some Dia(f 6rltial Study/Mitfgatad Negative Declaration City of Temple City 2009-2014 Housing Element 15 Potentially Les&T{0n Polenlisily Slgnllfcenl enioss StgnHfcont Srgnll(eem h141ganon Impect No Impact rinpeal Incorporated attend school within the EI Monte City School District. The City's residential growth needs (RHNA) for the 2008-2014 planning period is 987 new residential units. As described In the Housing Element, the City's residential sites inventory provides et reatistio capacity for development of 1,238 now units. These sites are located within an urbanized area and are surrounded by existing development, and development of these sites would not significantly impact the service capabililies of affected public service providers based on overall capacities that have been planned for under existing land use and zoning designations. All such devefopmentwlll be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, which will provide for compliance with standards to protect human life safety in general and to favi Ila€e fire and police protection in particular. All such proposed projects will be reviewed by applicable departments and agencies prior to Issuance of building permits. Also, evidence of payment of applicable development Impact mitigation fees to the school district in tahlch a development is located is required prior to the issuance of any building permit. In summary, adoption of the Housing Element and Implementation of its policies and programs will not have a negative impact on the provision of public services in the community. M. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems or supplies, or substantial alterations to thefolfowfng utilities: i. Power or natural gas? 2. Communlcalions systems? 3, Local or regional water treatment or distribution facilities? 5. Sewer or septic tanks? 5. Storm water drainage? 0. Solid waste disposal? 7. Local orrogionalwater supplies? (M 1-7) As a completely urbanized community, the City of Temple City already has in place all of the necessary infrastructure to support future development All land designated for residential use is served by sewer and water lines, solid waste disposal, storm drains, telephone, electrical, and gas lines. Wafer service to the City is provided by the three main providers that are not governed by the City of Temple City, About 25%l0 33% of the City's water supply comes from the California American Water Company; another 33% Is provided by the Draft Initial Study 1 Mitigated Negative Declaration Ciryof Temple City2008-2014 Housing Element 16 poteorlany LessShun PolenVallp slgnineant Unless Slitnlicant Slpnlllcent Urgalop Impel No Impact Impact Incorporated Sunnyslope Water Company; and the ramaining 33%io 42%comes from the East Pasadena Water Company. Seaver lines in the City are maintained by the Los Angeles County Department of Public Works and Sanitation District, The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area and dues not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, subdivision and building codes, Including the site plan review approval process, all of which will provide for compliance with standards requiring adequate utility service. These requirements include documentation of adequate water supply for a residential development project through submittal of a "Water Availability Lettet' pular to issuance of building permits. Nonetheless, as an older community, much of the City's utility infrastructure Is aging and will require improvements or ,replacement over time. In order to whtgale this cumulative impact over time, the City requires all new multi -family projects to pay a Sewer Reconstruction Fee for poor to issuance of building permits. The fee Is necessary so that the City can fund projects to address any deficiencies in the City's sewer system. in summary, adoption of the Housing Element and implementation of Ila policies and programs will not have a negative Impact on utilities and service systems in the community. N. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (STORMWATER). Would the proposal result In: I . Storm water system discharges from areas for materials storage, vehicle or equipment fooling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? 2. A significantly environmental harmful increase in the flow or volume La LJ 13 10 of storm water runoff? 3. A significantly environmental harmful increase in eroslan of the �p Tom( ® La LJ IMI project site or surrounding areas? 4. Storm water discharges that would signllic wlyImpairthe ® ® ® 2 beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)? 5. Harm to the biological Integrity of dralnage systems and water LJ ® ® t-7( LIJ bodies? (N 1-5) As discussed above in Section D, Valet', the largest sites identified in the Housing Element's residential sites inventory 1 are currently occupied by commercial uses located in the downtown specific plan area, and are largely covered by Impervious j surfaces. A conversion of these sites to Include residential uses could potentially result In a reduction in surface water runoff and an increase in absorption rates, Inversely, some underutilized R-2 and R-3 zoned sites could see an increase in surface water .I runoff and a decrease in absorption rates, as a result of more intense development. In total, the development described in the Housing Element is not anticipated to significantly increase the amount of storm water runoff on these sites subject to compliance with all applicabla regulations. Draft Initial Sfudy/Nriligaled Negative Deofaratloo City of Tomple C11y20002014 Housing dement 17 Potentially Loss Then PorennmeSlaniticanf limes. S[ynilfcant SlBrtfflcek al M41geden impact Hormpesi Impact Incorporated The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area, and does not call forlanduse or zoning designation changes, All such development will be subject to compliance with the zoning, subdivision and building codes, all of which Include requirements intended to mitigate the potentially negative effects of uncontrolled surface runoff. Any potential impacts related to water, including increased use of groundwater and impacts to groundwater quality, will he analyzed In conjunction with the approval of a particular project, A grading plan and a drainage plan must be approved for any development site prior to issuance of any building permit, Any nooded mitigation measures will be identified through the subdivision and or building permit issuance process, including compliance with National Pollutant Discharge Elimination System (NPDES) requirements and the City's storm water management guidelines. In summary, adoption of the Housing Element and implementation of Its policies and programs will net have a negative impact with respect to storm water runoff In the community. Q AESTHETICS. Would the proposal. 1. Affect a scenic vista or scenic highway? Ll x] D 4®J ® 2 2. Have a demonsfrable negative aesthetic effect? F1 FA 3. Create light o€glare? L3 LJ L3 0 (0 1.3) Temple City is a built -out community and the sites Identified in the Housing Element's residenliat sites Inventory are surrounded by existing uses. The Housing Element Includes identified sites and policies to accommodate all new housing developments within existing residential and commercial areas of the community. Several policies and objectives fn the Housing Element address maintaining or improving the quality and character of residential uses and revitalizing neighborhoods (see Program Categoy f14, Section?, Housing Plan). All new residential development will be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, which will provide for compliance with design standards and guidelines contained In the zoning code for residential development and In the Downtown Specllfc Plan for all development. These design standards and guidelines, Intended to create unified themes, include requirements for building mess, architectural styles, facade treatments, and lighting (Including avoidance of glare), There are no scenic highways in this urbanized area, but compliance wilh the zoning code standards governing building height and mass will avoid undue blockage of scenic views of the San Gabriel Mountain Mountains from the community. In summary, adoption of the Housing Element and implementation of IIs policies and programs will not have a negative impact on aesthetics In the community. Draft iridal StudylMirigated Negative Declaration City of Terrrpte City 2008-2014 Housing Element 13 Potentially Less Than PofalfnUaitV(mi SlgntileantWins s1pricent Impact SrMrtgalian rapast No Impact Impact 1neaporaled P. Cultural Resources. Would the proposal: 1. Disturb paleontological resources? t 1 t;-{(� 2. Disturb archaeological resources? (3 3, Affect historical resources? Ll ❑ La RT 4. Have the potential to cause a physical change, which would affect 4�t—y ! Ll 0 unique ethnic cultural values? S. Hestricl existing religious or sacred uses within the polontial impact ® �( areas? 41 (P 1.5) Temple Oily was founded in 1923, as an unincorporated townsite in Los Angeles County. As such, many of the City's structures date back to the early 2014 Century and aro- significant historical and cultural resources for the community. In an effort to sustain the community's historic character, the city conducted a comprehensive survey of the community to identify and document existing historic and cultural resources. This survey was recently completed and is posted on the city's website. It Includes a narrative of the community's history and a discussion of the survey results—Including information on each of the 90 properties Identified as having significant historic value, and on a potential "conservation area" comprising the original 1923 town site. The report also includes recommendations for possible future actions by the city to preserve these historic and cultural resources, which contribute Individually and cumulatively to the community's character, In 2012, the city council directed staff to prepare measures to implement a historic preservation program, such as a draft historic preservation ordinance, for consideration by the planning commission and city council. In the meantime, the proposed demolition of any structure identified by the survey as having significant historical value will be subject to an environmental review pursuant to the California Environmental Quality Act {Sec. 21084.1} requirement to fully assess the impact of such demolition on the community's historical and cultural resources. There are no known paleontological or anthropological resources within the community; however, all new residential development will be subject to compliance with applicable federal and state laws and protocols for protecting any paleontological or anthropologlcal resources that may he discovered during silo preparation, grading, excavation and other conshuction activities. In summary, adoption otthe Housing Element and implementation Vita policies and programs will not have a negative impact on cultural resources In the community, R, Recreation. Would the proposal: 0. Increase the demand for neighborhood or regional parks or other recreational facilities? 19 10 Ll Draft Initial Stuoyl Mltfyated Alegative Declaration City of Temple City 2008-20141fousing Element I Polennally Lasa than nir-PP lit sisnill,antUnlm SIgnllitnnl Slgs�t:ani rdtilpicrt impact .Ecimpsct Impact Ineorpataled 7. Affect existing recreational opportunities? y (Q 1&2) The City of Temple City Department of Parks and Recreation maintains two City parks totaling 19 acres, providing at blend of sports and general recreation opportunities to the public. The City's residential growth needs per die RHINA for the 2006.2014 planning period is 987 new residential units. As described in the Rossing GfenSartf, fns rssfdential sites invantery prcvfdes a realistic capacity for development of 1,238 neer units. "these i sltes are located within an urbanized area and are surrounded by existing development, and davolopment of these vitas would i not signifieam'ry increase Ino errand t`ar'Parks or recreaGonaf facilities in light of overall capacities that have been planned for under existing land use and zoning designations. Moreover, current utilization and future demand for parks and recrealional facifiEss will be assessed tarough a citywida Parks €"aster Plan formulation pierces that is Clamr-;fy underway. All navy rasfden;fat development will be subject to compliance with the zoning, subdivision and building codes, including paymamf of an impact Initigatimn fee, Ilia Park Acquisition Fee, which is proportionate to the number of dwelfing units proposed, and which must be paid prior to the issuance of any building permit, In summary, adoption of The Housing Element and impfesnantatien of its porcies and programs will not have a negative Impact on Parks and recreation facilities in the community. I R. Mandatory Findings of Significance. a 1. floes the project have the potential to degrade the quality of the onAroniner;i, substantially redoes the hatrlat of a fish or wildtifo species, cause a fish or wildlife papulation to drop below sell- sueaining i vets, Ulreaten to elilr€sate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, e1ininala important examples of the major periods of California history? 2. Does the plojcct have the potential to achieve short -form, to the disadvantage 4 A Li p U of long-term, eavircnn entafaoals? 3. Does the project have impacts that are individuaily limited, but f�1 t—g f 1 f f cumuiativelyconsiderable? ('Cumu:ativefyca;sidarabte'means �! Li !,.,i fV 1 that the Incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of probable future projects? 4. Does the project have environmental effects, which will cause- huniat y Lt � substan6at advero effects cn he'ngs, ait3ter tli;erk'y or indirecpy? (RI -4) As desedbed throughout ihfs document, the Housing Element Is ore o{the six elements of Temple City's General Plan zo Draft Initial Stldyl A9itigated 1vagaiive 17octaratfml City of Ten, Ple City 2000-20141 fousipg Element Fola0¢6y Leas Tran Pel¢ntlelly slenplcamunless Significant Signlltcanl talllgeilat Impact qo impact Impact Incmporered and must be updated pursuant to California Government Code Section 66588 for the 2006-2014 planning period. The Housing Element identifies and assesses projected housing needs for all economic sectors of the community and provides an Inventory of constraints and resources relevant to meeting these needs. The City's residential growth needs allocation for the 2006-2014 planning period, as determined by the Southern California Association of Governments (SCAG) through the Regional Housing Needs Assessment (RHNA) planning process is for 987 now residential units. As described in the Housing Element, the City's residential sites inventory provides a realistic capacity for development of 1,238 new units without any need to change any General Plan or zoning designations, but subject to amendments to both the Downtown Specific Plan and to the R-3 Zone to increase the maximum permissible, density for Pull - family residential development to 30 dwelling units per acre in the Downtown Specific Pian and on R-3 zoned sites not adjacent to R-1 zoned properties, and to eliminate the current conditional use permit discretionary review process for such higher density development at those locations. Although_ implementation of this program would allow such development without discretionary review and without any associated envlronmenlal assessment pursuant to the California Environmental Quality Act for each individual ptojeot, all such development will be subject to compliance with the zoning, subdivision and building codes, Including the silo plan reviow approve[ process, The potential for significant environmental effects of such development will he evaluated and mitigated through the plans review process subject to these regulations. Required compliance In particular with the requlrenlenfs of the California Administrative Code Title 24, Paris 1-12, including the California Building Coda, Fire Code, Energy Code and Green Building Standards Code, Wit provide for such new residential development to occur in a manner that protects human heailh and safety as well as promotes allicient use of energy resources. In light of the foregoing analysis, it may be concluded that adoption of the Housing Element and Implementation of its policies and programs will not degrade the quality of the environment, cause a disadvantage to long-term environmental goals, result in cumulatively considerable Impacts or cause substantial adverse effects on human beings, subject to implementation of mitigation measure AQ -1, as discussed above In Section E, "Air Quality". REPORT PREPARATION PERSONNEL: Andrew J. Coyne, City of Temple City Paul A. Delbet, AICP, City of Temple City LEAD AGENCY: City of Temple City Community Development Department 9701 Las Tunes Drive Temple City, CA 91780 (626) 285.2171 Paul Dei6el, AICP, Project Manager Dreg tniflef Studyl Mitigated Negative Declaration City of Temple City 2003-2014 Housing Element 21 BIBLIOGRAPHY All documents referenced documents in the evaluatlon are available for review at the City of Temple City, Community Development Department, 9701 Las Tunas Drive, Temple City, CA 91780. The office hours are Monday 'through Friday between 7,30 a.m, and 6:00 p,m. City of Temple City General Plan. 1987.. City of Temple City 2008.2014 Mousing Element. Public Hearings Draft, 2013. (See prior draft at City of Temple City website at htto:l/www.templecilv.us/housind/NousincE/emeniUDdate.aso ) City of Temple City Downtown Specific Plan. December 2002. (See at htto://www.cl.temole- cilG.ca.uslDowntovin°/°205oectlic%2oPlan.titm ) City of Temple City Municipal Corte (see at htfo://www.sterlinacodiliers.com/codebook/index.oholbook td=889. ) City of Temple City Comprehensive Downtown Parking Strategic Plan,, November 2012, (See at hltD!I/ttDarkinasWdv.tbfconsulfinci.info/) City of Temple Oily Traffic calming Master Plan, November 2012. (See at hfta:Ntcfraf lcstudv:rbfcansultingJnfo/ ) Ffna12012 Air Quality Management Plan, Chapter 9: Near Roadway Exposure and Uitraline Particles: South Coast Air Quality Management District. (See on-line document at: hdo://www.aamd.aovlaamo/2012aamo/FinaYGh9.ndt ) Final Program Environmental. Impact Report on the 2012-2035 Regional Transportation Plan / Sustainable Communities Strategy; Appendix G. Southern California Association of Governments, (Sea on-line document at hlto://doscsscaa.ce:aov/Documents/aeiP/2012/finaU2012fPEIR Aonentli 3 ExamoleMeasures,odf) Draft Initial Study/ MitigaledNegative Declaration City of Temple City 2000.2014 Housing Element 22 May 7, 2013 City of Temple City ATTACHMENT C Addendum to Draft Initial Study / Proposed Mitigated Negative Declaration: Response to Comment and Correction Project: City of Temple City 2008-2014 Housing Element Introduction: The Draft Initial Study/Proposed Mitigated Negative Declaration for the project (draft housing element update) was noticed and circulated for the required public comment and review period which ran from April 9, 2013 through April 29, 2013. The only comment received was made verbally at the Planning Commission public hearing on the project, conducted on April 9, 2013. Staff responded briefly at the meeting, and indicated that a written response would be prepared in conjunction with the Initial Study comments review process. Comment and Response: Comment: At the Planning Commission public hearing, Commissioner Curran expressed concern that the draft housing element update included information from the Sunny Slope Water Company, which provides water service to a significant portion of the community, that it could not support substantial additional development. Response: At the public hearing, staff responded that the Draft Initial Study included general discussion of water availability for new development and that the City requires a proposed development to document that it has a sufficient source of domestic water supply in order to be approved. The utility requirements for all development projects will be addressed as such development projects come through the City's review and approval process. To expand on this verbal response by staff, it is noted here that Commissioner Curran was referring to discussion in "Technical Appendix D, Sites Inventory and Analysis" that is part of the draft housing element update. It includes an analysis of the availability of public facilities and services, including water delivery service (page D-20). This analysis includes input directly from the operators of three water companies that provide service to the community (California American Water Company, East Pasadena Water Company, and the Sunny Slope Water Company). The Sunny Slope operator indicates that "most of their service area in Temple City is served by 6" lines, which cannot support much, if any growth." The other operators estimate the additional service they could provide at their existing capacities. The analysis of this section in Appendix D states (on page D-20): "The providers can serve 350 new net water meters for all consumers residential, commercial and industrial. Water demand beyond this number of net water meters would require developers to upgrade existing lines." The "Conclusions and Findings" of this section of Appendix D states (on page D-21): "Water and sewer capacity is adequate to accommodate the construction of housing units equal to or greater than the City's share of the regional housing need. Certain infrastructure improvements (i.e., storm drains, street widening) may be needed at the time of subdivision." City of Temple City Addendum to Draft Initial Study/Proposed Mitigated Negative Declaration for Housing Element Update Pmject Page 2 It should be noted that this analysis and discussion was prepared for a prior draft of the housing element update and the numerical assessment above does not specifically address the City's share of regional housing need in the current draft (987 dwelling units), nor does it, or the Draft Initial Study, refer to a fourth water company that provides service in Temple City, i.e., the Golden State Water Company. However, the conclusion that the City's regional housing need allocation can be accommodated through infrastructure improvements that may be needed at the time of subdivision is still applicable. This conclusion also is consistent with the discussion of water supply in the Draft Initial Study for the current draft of the housing element update which states (in Section M, "Utilities and Service Systems", pages 16 and 17) on page 17: "The Housing Element includes identified sites and policies to accommodate regional housing demand for new housing developments within existing residential zones and the Downtown Specific Plan area and does not call for land use or zoning designation changes. All such development will be subject to compliance with the zoning, subdivision and building codes, including the site plan review approval process, all of which will provide for compliance with standards requiring adequate utility service. These requirements include documentation of adequate water supply for a residential development project through submittal of a "Water Availability Letter" prior to issuance of building permits." The conclusion of this section of the Draft Initial Study states: "In summary, adoption of the Housing Element and implementation of its policies and programs will not have a negative impact on utilities and service systems in the community." It is staff's assessment that this conclusion is warranted. Draft Initial Study Correction The Draft Initial Study in Section M on "Utilities and Service Systems" (pages 16 and 17) incorrectly states (starting on page 16) that: "Water service to the City is provided by the three main providers that are not governed by the City of Temple City, About 25% to 33% of the City's water supply comes from the California American Water Company; another 33% is provided by the Sunnyslope Water Company; and the remaining 33%to 42% comes from the East Pasadena Water Company." This is herewith corrected to read as follows: Water service to the community is provided by four separate water companies. They are the California American Water Company, the Sunny Slope Water Company, the East Pasadena Water Company and the Golden State Water Company. It is staffs assessment that this correction does not significantly affect the discussion of water supply in the Draft Initial Study (see relevant excerpt from the Draft Initial Study in above response to comment), nor the conclusion that adoption of the draft housing element update and implementation of its policies and programs will not have a negative impact on utilities and service systems in the community.