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HomeMy Public PortalAboutCity Council_Ordinance No. 22-1060_Amending Temple City Zoning CodeORDINANCE NO. 22-1060 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 3, CHAPTER 6 AND 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 ORDAINS AS FOLLOWS: SECTION 1: Zoning Amendment Findings Per Section 9-1C-6.I.7.a: The City Council finds: A. 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 definitions 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. B. 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. C. The proposed amendment is consistent with other applicable provisions of this Zoning Code. The purpose 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. 22-1060 Page 2 of 12 SECTION 2: Section 9 -1F -4.F of the TCMC (SIGNS: GENERAL PROVISIONS) is amended as follows, with additions in underline. All other contents of this section will remain unchanged. F. Address Signs: Address signs, 12 inches hiqh or less, do not count toward the maximum allowable sign area and are required to comply with Title 3 (Public Safety). SECTION 3: Section 9 -1D -5.I of the TCMC (OTHER SPECIFIC NONCONFORMING PROVISIONS) is added as follows: I. Multi -Family Uses and Structures: 1. A lawfully created multi -family structure and use may be reconstructed, restored, or rebuilt if it is determined by the Director that the structure and use was involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy. This provision does not apply to multi -family structures and uses in the City's Industrial Zone. 2. The reconstruction, restoration, or rebuilding may be prohibited if the Director determines that: a. The reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. b. The existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted, or that there no longer exists a zone in which the existing nonconforming use is permitted. 3. The dwelling may be reconstructed, restored, or rebuilt up to its pre -damaged size and number of dwelling units, and its nonconforming use, if any, may be resumed. 4. Any reconstruction, restoration, or rebuilding must conform to all the following: a. The California Building Standards Code as that code was in effect at the time of reconstruction, restoration, or rebuilding. b. Any more restrictive local building standards authorized pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and Safety Code , as those standards were in effect at the time of reconstruction, restoration, or rebuilding. c. The State Historical Building Code (Part 2.7 (commencing with Section 18950) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures. d. The Zoning Code, so long as the pre -damage size and number of dwelling units are maintained. e. Architectural regulations and standards, so long as the pre -damage size and number of dwelling units are maintained. Ordinance No. 22-1060 Page 3 of 12 f. A building permit must be obtained within two years after the date of the damage or destruction. SECTION 4: Section 9 -1E -2.D of the TCMC (PARKING SPACE STANDARDS) is amended to add Section 9 -1E -2.D.9, after Table 9-1E-4. 9. Alley Access: When alley access is available, the access must be taken from the alley unless approval is granted by the director. SECTION 5: Table 9-1G-2 (Land Uses and Permit Requirements for Residential Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1 G-2. All other contents of this Table 9-1G-2 will remain unchanged. Land Uses or Activities R-1 Notes/Reference Family daycare homes A Garage Sales T 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T 9 -1C -6.F SECTION 6: Table 9-1G-7 (Land Uses and Permit Requirements for Residential Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1G-7. All other contents of this Table 9-1G-7 will remain unchanged. Land Uses or Activities R-2 Notes/Reference Family daycare homes A Garage Sales T 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T 9 -1C -6.F SECTION 7: Table 9-1G-11 (Land Uses and Permit Requirements for Residential Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1G- 11. All other contents of this Table 9-1 G-11 will remain unchanged. Land Uses or Activities R-3 Notes/Reference Family daycare homes A Garage Sales T 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T 9 -1C -6.F Temporary Events on City Owned Facilities T 9 -1C -6.F Ordinance No. 22-1060 Page 4 of 12 SECTION 8: Table 9-1 H-2 (Land Uses and Permit Requirements for Mixed -Use Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1 H-2. All other contents of this Table 9-1H-2 will remain unchanged. Land Uses or Activities MU -L MU -M Notes/Reference Garage Sales on Residentially Used Properties T T 9 -1C -6.F Garage Sales on Non -Residentially Used Properties N N 9 -1C -6.F Outdoor Fundraising T T 9 -1C -6.F Self Storage N N Seasonal Sales on Non -Residentially Used Properties T T 9 -1C -6.F Seasonal Sales on Residentially Used Properties N N 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T T 9 -1C -6.F SECTION 9: Table 9-11-2 (Land Uses and Permit Requirements for Commercial Zone Districts) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-11-2. All other contents of this Table Table 9-11-2 will remain unchanged. Commercial Land Use NC LTC DC Notes/Reference Garage Sales on Residentially Used Properties T T T 9 -1C -6.F Garage Sales on Non -Residentially Used Properties N N N 9 -1C -6.F Outdoor Fundraising T T T 9 -1C -6.F Self Storage N N N Seasonal Sales on Non -Residentially Used Properties T T T 9 -1C -6.F Seasonal Sales on Residentially Used Properties N N N 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T T T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T T T 9 -1C -6.F Ordinance No. 22-1060 Page 5 of 12 SECTION 10: Table 9-1J-2 (Land Uses and Permit Requirements for Industrial Zone District) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1J-2. All other contents of this Table will remain unchanged. Land Uses or Activities Permit Requirement Notes%Reference Garage Sales on Residentially Used Properties T 9 -1C -6.F Garage Sales on Non -Residentially Used Properties N 9 -1C -6.F Outdoor Fundraising T 9 -1C -6.F Self Storage N Seasonal Sales on Non -Residentially Used Properties T 9 -1C -6.F Seasonal Sales on Residentially Used Properties N 9 -1C -6.F Storage Containers Delivered to a Home (Pods) T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T 9 -1C -6.F SECTION 11: Table 9-1K-2-2 (Land Uses and Permit Requirements for the Institutional and Open Space Zone District) of the TCMC is amended by adding the following uses in alphabetical order within Table 9-1 K-2-2. All other contents of this Table 9-1 K-2-2 will remain unchanged. Land Uses or Activities Permit Requirement Notes/Reference OS/IS District Garage Sales N 9 -1C -6.F Outdoor Fundraising T 9 -1C -6.F Self Storage N Seasonal Sales Not During a Temporary Event N 9 -1C -6.F Seasonal Sales on Non -Residentially Used Properties T 9 -1C -6.F Storage Containers Delivered to a Home (Pods) N 9 -1C -6.F Temporary Events at City Owned Facilities T 9 -1C -6.F Temporary On -Site Construction Yards and Trailers T 9 -1C -6.F Ordinance No. 22-1060 Page 6 of 12 SECTION 12: Section 9 -1G -12.F of the TCMC (R-1 ZONE DISTRICT RESIDENTIAL DEVELOPMENT STANDARDS) is amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section will remain unchanged. 7. A^ a stf ct of one hundred twcytty (120) square feet or Ice , and less than nine feet (9') in height, may be -placed within a required side or r �oth��tbaskrprovided there is a minimum of five feet (5') of setback between -Me accessory structure and -he property line. The setbacks show in Table 9-1G-3.2, below, apply to garages, accessory dwelling units (ADUs) all other structures, and swimming pools and spas. Table 9-1G-3.2 Setbacks for R-1 Accessory Structures Side Yard Setback Street Side Yard Setback Rear Setback ADUs See Section 9-1T-13 Garages" 5 feet 20 feet 5 feet Swimming pools and spas 5 feet 10 feet 5 feet Other accessory structures 5 feet 10 feet 5 feet "`Does not apply to garages when the garage door is perpendicular to the street 8—Qn a reversed corner -let -an accessory structure must provide a minimum five foot --(5') setback to the side and rear property line —A -.rink um —setback of ten feet (10') must be providci on the street side yard. 9--Qn-a-eeme-let-garages must provide en'„ fooascree+ side yard setback. Except for accessory dwaling units, all other detached accessory structures on comer -let -must -provide a minimum ten foot-E-1-01)--street-side yard setback and a minimum five foot (5') rear setback. 84-0. Portable shade structures are prohibited in the front yard and in the corner side yard. 94-1-. When feasible, accessory uses and detached accessory structures, must be located within the rear fifty percent (50%) of a property. This does not apply to pergolas, patios, pools, spas, and required parking garages and carports. SECTION 13: Section 9 -1G -13.D of the TCMC (R-1 ZONE DISTRICT RESIDENTIAL BUILDING DESIGN AND ARCHITECTURAL STANDARDS) is amended by adding the Section 9-1 G -13,D.6, as follows: 6. All utilities for new single family dwelling units must be placed underground. The Community Development Director may waive this requirement in instances when undergrounding utilities is physically infeasible, would require an easement over public or private property, or economically infeasible due to the location of the power pole on an adjacent site or across a public street. SECTION 14: Section 9-1N-7 of the TCMC (STREET IMPROVEMENTS) is amended and restated as follows: Ordinance No. 22-1060 Page 7 of 12 9-1N-7: REPAIR AND IMPROVEMENTS TO THE PUBLIC RIGHT OF WAY: A. Improvements required. When deemed necessary due to substantial changes in local traffic by reason of increased vehicular traffic, including truck traffic, increased pedestrian traffic, increased noise, and other activities associated with the proposed development, street improvements may be required by the director to prevent congestion and the other hazards that are related to the intensified use of the land. B. Types of improvements. The improvements will be to city standards and will include curb, gutter, sidewalk, street and alley paving, street trees, street signs, street lights, fire hydrants, and all required utilities. C. Repair to the public right of way. When during construction damage occurs to the public right of way (including street trees), the property owner must make repairs or replace the necessary infrastructure per the direction of the City Engineer or the City Engineer's designee. A fee may be submitted by the property owner in lieu of repair at a rate determined by the City Engineer. SECTION 15: Table 9-1 H-3 (Development Standards for Mixed -Use Zone Districts) of the TCMC is amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section will remain unchanged. Table 9-1H-3 Development Standards for Mixed -Use Zone Districts MU -L MU -M Development Standards Min. Max. Min. Max. Lot Size and Coverage Lot Coverage, All buildings Mixed -Use 50% 80% 60% 90% Lot Coverage, Non -Residential None 50% None 90% Lot Coverage, Multi -Family Residential See R-3 zone Lot Coverage, Single -Family Residential See R-1 zone SECTION 16: Section 9 -1I -3.B.1 of the TCMC (COMMERCIAL DEVELOPMENT STANDARDS) is amended by adding the section 9-1I-3.B.1.c, as follows. c. Storefront Must Face the Street: Buildings that have parking in the rear, including public parking areas, must not be subdivided so as to create one tenant space that faces the parking area in the rear and a separate tenant space on the public street. SECTION 17: Section 9-1H-3.112 of the TCMC (MIXED -USE DEVELOPMENT STANDARDS) is amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section will remain unchanged. Ordinance No. 22-1060 Page 8 of 12 2. Minimum Non -Residential Unit Size: The minimum size of a new non-residential tenant space is eight hundred (800) square feet. The minimum width of a new, non-residential tenant space is 25 feet. This These requirements applyies to units previously subdivided. SECTION 18: Section 9 -1I -3.B.3 of the TCMC (COMMERCIAL DEVELOPMENT STANDARDS) is amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section will remain unchanged. 2. Minimum Non -Residential Unit Size: The minimum size of a new non-residential tenant space is eight hundred (800) square feet. The minimum width of a new, non-residential tenant space is 25 feet. This These requirements applyies to units previously subdivided. SECTION 19: Section 9 -1J -3.B.1 of the TCMC (INDUSTRIAL DEVELOPMENT STANDARDS) is amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section will remain unchanged. 1. Minimum Non -Residential Unit Size: The minimum size of a new non-residential tenant space is eight hundred (800) square feet. The minimum width of a new, non-residential tenant space is 25 feet. This These requirements applyies to units previously subdivided. SECTION 20: Section 9-1A-12 of the TCMC (DEFINITIONS) is amended as follows: A. The following definitions are added to Section 9-1A-12, in alphabetical order. CONVENIENCE A retail store that sells limited grocery, food, and dry goods. A STORE: convenience store may or may not include gasoline sales. Convenience stores are generally less than 3,000 square feet in floor area and function as a quick service, limited item retail outlet for convenience purposes. Convenience stores are distinct from a grocery store and are classified as "Retail sales" in the land use and permit requirement tables. DAY SPA: A business engaged in a mixture of personal services such as haircuts, hair treatments, manicures, pedicures, facials, waxing, and skin treatments rendered by licensed professionals such as manicurists, aestheticians, makeup artists, hairstylists, and other related health and beauty professionals. Day spas differ from beauty shops and nail shops by having separate or private rooms. A day spa may offer incidental massage therapy per sections 5-2-E and 9- 1T-12 of this Code. FAMILY A facility that regularly provides care, protection, and supervision for DAYCARE 14 or fewer children, in the provider's own home, for periods of less HOMES: than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home, Family daycare homes, includes both large and small family daycare homes. B. The definition for "Daycare home, family" is deleted from Section 9-1A-12. Ordinance No. 22-1060 Page 9 of 12 SECTION 21: Section 9 -1E -2.D of the TCMC (PARKING SPACE STANDARDS) is amended as follows: A. Section 9 -1E -2.D.3 is amended as demonstrated, below, with additions in underline: 3. Automobiles, recreational vehicles, boats, trailers, or similar vehicles parked in any front yard or street side yard area of any R zoned lot must be parked on a paved driveway area leading directly to a legal parking area or garage. B. Section 9 -1E -2.D.9 is added as follows: 9. Oversized Vehicle Parking: 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 tons in unladen weight must be parked or left standing on any part of any R -zoned property or any property where the primary use is residential for more than 30 consecutive minutes, unless actual loading or unloading of the vehicle is in progress on the property. Section 22: The following sections of Title 3, Chapter 6 TCMC (ANIMAL CONTROL) are amended as follows. All other contents of this chapter will remain unchanged. A. Section 3-6-0.B is amended as demonstrated below, with additions in underline and deletions as strikeouts. B. Notwithstanding the provisions of subsection A of this section, the provisions of the animal control ordinance relating to mandatory microchipping of dogs and catc, and the mandatory spaying and neutering of dogs shall not become operative until January 1, 2013. B. Section 3-6-5 is amended as demonstrated below, with additions in underline and deletions as strikeouts. 3-6-5: AMENDMENT; MICROCHIPPING OF DOGS AND -CATS REQUIRED: Notwithstanding the provisions of subsection 3-6-0A of this chapter, section 10.20.185 of the animal control ordinance is hereby amended to read as follows: 10.20.185 - Microchipping Of Dogs Required. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the department, and shall notify the department and the national registry applicable to the implanted chip, of a change of ownership of the dog, or a change of address or telephone number. SECTION 23: Section 9-1E-2.1.1 of the TCMC (PARKING SPACE STANDARDS) is amended as demonstrated, below, with additions in underline and by adding the section. All other contents of this section will remain unchanged. 1. For multi -family development projects, tandem spaces will not constitute more than thirty percent (30%) of all required spaces within a development and will be allowed only Ordinance No. 22-1060 Page 10 of 12 for studio, one (1)- and two (2) -bedroom units. For the purposes of this section only, the parking space which is accessible without moving a vehicle is not defined as tandem. SECTION 24: Section 9 -1F -6.M of the TCMC (PROHIBITED SIGNS) is amended as demonstrated, below, with additions in underline. All other contents of this section will remain unchanged. M. Wall Painted Sign: A sign painted directly onto a building. Wall painted signs and murals are allowed on properties designated as Institutional or Open Space in the General Plan. SECTION 25: Section 9-1 F -9.0 of the TCMC (SPECIFIC TYPES OF PERMANENT SIGNS) is amended as demonstrated, below, with additions in underline. All other contents of this section will remain unchanged. C. Murals: Murals may only be installed and maintained by approval of the planning commission. Murals may only be in on a parcel designated by the General Plan as Institutional or Open Space. The Planning Commission shall have the authority to review and approve murals in compliance with this article. SECTION 26: The definition for a "Sign" in Section 9-1F-3 of the TCMC (DEFINITIONS) is amended as demonstrated, below, with additions in underline. All other contents of this section will remain unchanged. SIGN: Any device, fixture, placard, or structure -including its component parts -that draws attention to an object, product, place, activity, opinion, person, establishment, institution, organization, or place of business, or that identifies or promotes the interests of any person and that is to be viewed from any public street, road, highway, right-of-way or parking area. The following are not within the definition of "Sign" for regulatory purposes of this article: a. Architectural Features: Decorative or architectural features of buildings (not including lettering, logos, trademarks, or moving parts). b. Fireworks And Other Lights: The legal use of fireworks, spotlights, candles and artificial lighting not otherwise regulated by this article. c. Interior Signs: Signs or other visual communicative devices that are located entirely within a building or other enclosed structure and are not visible from the exterior thereof or located at least ten feet (10') inward from the interior face of the window, provided the building or enclosed structure is otherwise legal. d. Legally Required Information: Public notices, registration, or licensing information, etc. e. Manufacturers' Marks: Marks on tangible products that identify the maker, seller, provider, or product, and Ordinance No. 22-1060 Page 11 of 12 that customarily remain attached to the product even after sale. f. Murals: located on properties with a General Plan Land Use Designation of Institutional or Open Space. g. Symbols Embedded In Architecture: Symbols of noncommercial organizations or concepts including, but not limited to religious or political symbols, when they are permanently integrated into the structure or a permanent building that is otherwise legal; also includes foundation stones, corner stones, and similar devices. SECTION 27: Sections 9 -1E -1.A.2 and 9 -1E -1.A,3 of the TCMC (PARKING SPACES REQUIRED) are amended as demonstrated, below, with additions in underline and deletions as strikeouts. All other contents of this section 9-1 E -1.A will remain unchanged. 2. Calculation/rounding of quantities. When the calculation of the required number of off- street parking spaces results in a fraction greater than or equal to 0.50 of a space, the total number of spaces will be rounded up to the nearest whole number. If the fraction is less than 0.50 of a space, the total number of spaces will be rounded down to the nearest whole number. In no case will the required number of parking spaces be less than one parking space per commercial space. For multiple uses, the parking number should be added together after rounding. 3. Change Of Use: No additional parking will be required when a new use has the same or a lesser 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 28: The references to "Dwelling, first floor" and Footnote 2 in Table 9-1G-3 (Temple City R-1 Development Standards) of the TCMC are amended as demonstrated, below, with additions in underline and deletions as strikeouts. Interior Lot Corner Lot Notes Maximum Floor Area 2 Dwelling, first floor (sq. ft.) 3,300 3,300 Additional 700 square feet can be granted if incentives are met. Footnote: 2 Floor area regulations only apply to two-story houses (see Section 9 -1G -12-E.1). Front -of -the - Lot FAR requirements apply to single story and two-story structures. SECTION 29: The City Council finds that this Ordinance is not subject to environmental review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility Ordinance No. 22-1060 Page 12 of 12 of a significant effect on the environment. This ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing zoning code regulations and it can be seen with certainty that it will not result in any physical changes in the environment. Anything approved per these code sections would not be considered a "project" under CEQA, would be exempt under CEQA as a class 1, class 2, class 3, class 4, class 5, class 11, class 15, or class 32 exemption, or would be entirely too speculative and would undergo its own CEQA review at the time an application is submitted. SECTION 30: 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 17th day of May, 2022. ATTEST: Peggy Kuo, City Clerk Cy is Sternquist, Mayo Greg Lrphy, City Atto APPROVED AS TO FIRM: Ordinance No. 22-1060 was introduced for first reading at the City Council Regular Meeting of May 3, 2022, and adopted at the City Council Regular Meeting of May 17, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Councilmember — Councilmember — Councilmember — Councilmember — Chavez, Vizcarra, Yu, Man, Sternquist None None None