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HomeMy Public PortalAboutCity Council_Ordinance No. 20-1047_Amendment to Series A Code_10/20/2020_RegularORDINANCE NO. 20-1047 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE WHEREAS, the City of Temple City (“City”) has adopted a General Plan to ensure a well -planned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the Temple City Zoning Code, found in Title 9, Chapter 1 of the Temple City Municipal Code (“TCMC”), conform with the General Plan's goals and policies; and WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into conformity with State law and to address public health, safety, and welfare concerns that have arisen since the last update of the Temple City Zoning Code. THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY FINDS: 1. The proposed amendment is consistent with the general plan and any applicable specific plan as provided by Government Code section 65860; These amendments consist of clarifications to various ambiguities and inconsistencies in the Code, correction of internal reference errors, restoration of earlier definiti ons from the previous zoning code, and clarifications to implement long-standing interpretations of the Code. These amendments are consistent with the policies of the General Plan. They ensure the compatibility of new development with existing development (LU 4.1 and 4.7), maintain the character of the existing neighborhoods (LU 9.1 and 9.2), and require building massing and scale to be compatible with existing neighborhoods (LU 10.3 and 11.2) Therefore, this finding can be made. 2. The proposed amendment will not be detrimental to the public health, safety, or welfare of the city; and These are minor corrections that help bring clarity and consistency to the zoning code. Adoption of these amendments will protect the public health, safety, and welfare of the city by providing clear regulations for future development and protecting the existing development patterns. Therefore, this finding can be made. 3. The proposed amendment is consistent with other applicable provisions of this Zoning Code. The purpos e of these amendments is to make the revised code sections more consistent with the other provisions of the Zoning Code by removing ambiguity and inconsistency. Therefore, this finding can be made. Ordinance No. 20-1047 Page 2 of 8 THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS: SECTION 1: The following definitions in Section 9-1A -12 of the TCMC are amended as follows: DWELLING, NEW. Any residential structure which is to be newly constructed or voluntarily demolished and reconstructed. A remodel or house addition shall be considered a new dwelling if the proposed project involves voluntary demolition of fifty percent or more of the enclosing exterior walls and 50 percent or more of the roof of any structure, including any attached garage. DEMOLITION. The destruction or removal of a building or portion of a building. For purposes of determining whether a structure has been demolished, it is the intentional destruction and removal of 50 percent or more of the enclosing exterior walls and 50 p ercent or more of the roof of any structure. FLOOR AREA RATIO. The total gross floor area included within the surrounding exterior walls of a building(s) or portion thereof divided by the lot area, prior to any required dedications. In calculating floor area ratio (FAR), the exterior walls must be counted as gross square footage. For residential uses (not mixed use or commercial), the floor area must be counted twice for any portion of the dwelling where the distance between the floor and the ceiling direc tly above exceeds 12 feet and the height of a single-story structure or single-story portion of a two-story structure exceeds 18 feet. For single-family structures and in the R-1 Zone, the floor area ratio limitations of Section 9-1G-12 will apply to: A. Th e living area of any two-story dwelling or single-story dwelling in excess of eighteen feet (18') in height. B. Accessory structures including garage areas in excess of required parking, pool houses, playrooms, accessory dwelling units, and the like. C. Patios, porches, entryways, or the like (recessed or projecting) on the side or rear of structures that are more than fifty percent (50%) covered or greater than twenty percent (20%) enclosed. 1. In instances where a portion of a patio, porch, entryway, or the like is open to the sky and an adjoining area is covered, the two (2) areas shall be calculated independently, not averaged. 2. The area underneath a second floor overhang shall be counted toward floor area, when the overhang is greater than four feet (4') in depth or twenty five (25) square feet. 3. Materials such as glass, window screen, wood, stucco, brick, or any other material that is installed in a permanent manner that provides a visual or physical separation shall be considered as providing an enclosure. Exte rior grade fabric curtains and mosquito netting tied back so that it does not provide a visual or physical separation shall not be considered as providing an enclosure. In the R-2 Zone, floor area ratio limitations shall apply to all structures on a lot including enclosed garages and accessory buildings. SECTION 2: Section 9-1C-5.B of the TCMC (General Procedures ) is amended to add the following. All other contents of this section will remain unchanged. 8. Multiple Construction Projects: M ultiple construction projects within any 24-month period will be considered a single construction project. SECTION 3: Section 9-1E -1.A of the TCMC (Parking Spaces Required : Off-Street Parking Spaces Requirements ) is amended as follows. All other contents of this section will remain unchanged. Ordinance No. 20-1047 Page 3 of 8 3. Change of Use: No additional parking will be required when a new use has the same parking requirement as the previous use , and the current number of on-site parking spaces is less than the minimum required by the code. This applies even in cases where the cumulative number of parking spaces in a shopping center exceeds the minimum required by the code. SECTION 4: Section 9-1E -2 of the TCMC (Parking Space Standards ) is amended as follows. All other contents of this section will remain unchanged. C. Driveway Width: All driveways must meet the minimum and maximum widths shown in Table 9-1E -3. For single family houses, the maximum driveway width is limited to 8 10 feet when a one car garage is located at or near the front setbac k or the garage is located to the rear of the lot and 20 feet when a two car garage is located at or near the front setback. E. Non-Residential Driveway Requirements: 6. All driveway access will be from a dedicated street or alley. When alley access is available, the access must be taken from street the alley unless approval is granted by the Director. SECTION 5: Section 9-1F-8 of the TCMC (Permanent Signs by Zone – Locations and Design Requirements) is amended as follows . All other contents of this section will remain unchanged. B. Non-Residential and Mixed-Use Zones 1. Single Tenant Sites Allowed Sign Types (1) Maximum Number (1) Maximum Sign Area (1) Maximum Sign Height (1) Allowed Locations Illumination Allowed Notes e. Monument Signs (business identification) 1 sign per street frontage 40 percent of sign face Lots 40 ft or less maximum of 4 ft; Lots 41 feet to 100 feet maximum of 6 ft; Lots greater than 100 ft maximum of 10 ft May encroach into front setback area to within 5 ft of property line or interior driveway. Yes 100 linear ft minimum street frontage required. D. Non-Residential and Mixed-Use Zones 2. Multiple Tenant Sites Allowed Sign Types (1) Maximum Number (1) Maximum Sign Area (1) Maximum Sign Height (1) Allowed Locations Illumination Allowed Notes Ordinance No. 20-1047 Page 4 of 8 b. Monument Signs 1 sign per street frontage 40 percent of sign face Lots 40 ft or less maximum of 4 ft; Lots 41 feet to 100 feet maximum of 6 ft; Lots greater than 100 ft maximum of 6 percent of lot width or 20 ft, whichever is less May encroach into front setback area to within 5 ft of property line or interior driveway. Yes 100 linear ft minimum street frontage required. SECTION 6: Section 9-1F-13.A of the TCMC (Procedures for Sign Permits, Exemptions, and Revocations) is amended as follows. All other contents of this section will remain unchanged. 3. Major Sign Permit: a. Sign Types: The City requires approval of a Major Sign Permit when the Planning Commission’s discretionary review is required. Sign types that require a Major Sign Permit include: i. Monument Signs ii. Murals iii. Relocation of Iconic Signs iv. Signs that require a Comprehensive Sign Program v. Electronic Changeable Copy Signs vi. Marquee Signs b. Minor Major Site Plan Review: The application, approval authority, public hearing and noticing requirements for a Minor Major Sign Permit are the same as a Minor Major Site Plan Review. c. Findings: The director may approve Minor a Major Sign Permit only if all the following findings are made: SECTION 7: Section 9-1G-11 of the TCMC (R-1 Zone District Land Use and Permit Requirements ) is amended as follows . All other contents of this section will remain unchanged. Table 9-1G-2 Land Uses and Permit Requirements for Residential Zone Districts Land Uses or Activities R-1 Notes/Reference Ordinance No. 20-1047 Page 5 of 8 Accessory Buildings or structures A* 9-1F-10 9-1G-12-F Rental of up to 1bedroom for a period of more than 1-month (prohibited where an ADU or JADU exists ) A=Allowed A 9-1G-12-G *accessory structures with plumbing require a conditional use permit. SECTION 8: Section 9-1G-12 of the TCMC (R-1 Zone District Residential Development Standards) is amended as follows. All other contents of this section will rema in unchanged. Table 9-1G-3 Temple City R-1 Development Standards Interior Lot Corner Lot Notes Distance Between Buildings (feet) Distance between habitable structures 15 15 Distance between all other buildings/structures 10 10 F. Accessory Uses and Structures: 1. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, junior accessory dwelling units, pool houses, workshops, sheds, and the like, but not including required garages, are limited to one per lot and must be located in the rear 50 percent of the lot. 9. On a corner lot, garages must provide a minimum 20 -foot street side yard setback. Except for accessory dwelling units, all other detached accessory structures on corner lot must provide a minimum 10-foot street side yard setback and a minimum fire five-foot rear setback. G. Vehicle Parking and Driveways: 6. Except in the case of ADUs and JADUs, a n additional parking space must be provided for each room that is rented in a single-family house. The parking may be uncovered, such as on the driveway, but must not block the parking spaces for the main dwelling . L. Open Space: There shall be a minimum of five hundred (500) square feet of open space per dwelling unit. All dwelling units shall have and maintain suitable access to the open space. A minimum of seventy -five percent (75%) of the required open space must be landscaped. Any pavement in the open space must be permeable and must not function as a driveway extension. Twenty -five percent (25%) of the required open space may be covered with a cabana or roof cover. SECTION 9: Section 9-1G-22 of the TCMC (R-2 Zone District Residential Development Standards) is amended as follows . All other contents of this section will remain unchanged. Table 9-1G-8 Temple City R-2 Development Standards Adjacent to R-1 Adjacent to R-2/R-3 Not Adjacent to Residential Notes Distance Between Buildings (feet) Ordinance No. 20-1047 Page 6 of 8 Distance between primary dwellings and accessory structures 15 15 15 Distance between all other buildings/structures 5 5 5 B. Yard Setbacks: 2. Side Yard Setbacks: a. Interior lots must maintain a side yard adjacent to each side lot line of not less than five feet for the first -story portion of the building. For the side yard of an interior side lot , second- story an combined average second story setback of 10 feet must be provided, but never less than five feet. b. On a corner lot, properties must maintain a side yard adjacent to the street of not less than 10 feet for the first-story portion when adjacent to any zone. The second- story setback must be an combined average of ten feet. E. Accessory Uses and Structures: H. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, pool houses, workshops, sheds, and the like, but not including required garages, are limited to one per lot and must be located in the rear 50 percent of the lot . SECTION 10: Section 9-1G-31.B of the TCMC, Table 9-1G-11 (R-3 Zone District Land Use and Permit Requirements) is amended to remove Day Care Homes (Large Family) from the Table of Land Uses and Permit Requirements. SECTION 11: Section 9-1G-32 of the TCMC (R-3 Zone District Residential Development Standards) is amended as follows . All other contents of this section will remain unchanged. Table 9-1G-12 Temple City R-3 Development Standards Adjacent to R-1 Adjacent to R-2/R-3 Not Adjacent to Residential Notes Distance Between Buildings (feet) Distance between primary dwellings and accessory structures 15 15 15 Distance between all other buildings/structures 5 5 5 E. Accessory Uses and Structures: I. Accessory uses and structures, are limited to one per lot, including accessory dwelling units, pool houses, workshops, sheds, and the like, but not including required garages, are limited to one per lot and must be located in the rear 50 percent of the lot . Ordinance No. 20-1047 Page 7 of 8 SECTION 12: Section 9-1I-2: (Commercial Land Uses and Permit Requirements) is amended to add the following use to Table 9-1I-2 (Land Uses and Permit Requirements), subject to a Conditional Use Permit in the NC, LTC, and DC zones: Non-residential tenant space or unit shared by more than one independently-owned business Table 9-1I-2 is further amended to delete the following two uses: Kennel (Indoor) Kennel (Outdoor) SECTION 13: Section 9-1N-6 of the TCMC (Encroachments) is amended to add the following section and relabel the section that comes after as Section E. (Permitted Encroachments into Yard Areas): D. All washing machines and dryers must be located within the main structure or accessory structure (in cases where a conditional use permit is approved). New structures must locate the water heater within the structure; this regulation does not apply to tankless water heaters. SECTION 14: Section 9-1T-9 of the TCMC (Large Family Daycare Homes ) is deleted. SECTION 15: The City Council declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action will not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 16: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section s 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. SECTION 17: The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this 20th day of October, 2020. ________________________ Tom Chavez, Mayor ATTEST: APPROVED AS TO FORM: ________________________ _______________________ Peggy Kuo, City Clerk Greg Murphy, City Attorney Ordinance No. 20-1047 Page 8 of 8 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 20-1047 was introduced, passed, approved, and adopted at the regular meeting of the City Council of the City of Temple City held on the October 20, 2020 by the following vote: AYES: Councilmember – Man, Sternquist, Vizcarra, Yu, Chavez NOES: Councilmember – None ABSENT: Councilmember – None ABSTAIN: Councilmember – None ________________________ Peggy Kuo, City Clerk