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HomeMy Public PortalAboutCity Council_Ordinance No. 23-1069_Amending Title 9 Chapter 1 of the Temple City Municipal Code_3/7/2023_RegularORDINANCE NO. 23-1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9 (ZONING REGULATIONS), CHAPTER 1 (ZONING CODE) 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, or 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. 23-1069 Page 2of6 SECTION 2: Section 9-1A-12 of the TCMC (SIGNS: GENERAL PROVISIONS) is amended as by adding the following definitions. All other contents of this section will remain unchanged. Office An establishment offering administrative, financial, general business, non - dental, non -medical, professional, public service, and similar office uses. Retail An establishment involving retail sales of new merchandise to the general public. The establishment is not allowed to have more than 25 percent of the total floor area to be used for manufacturing or processing. SECTION 3: Section 9 -1C -6-A-1 of the TCMC (Specific Procedures: Zoning Clearance) is amended by adding the following. All other contents of this section will remain unchanged. k. Hardscape: All replacement of existing hardscape, new hardscape in the front yard, new hardscape in the pole portion of a flag lot, new driveways, new hardscape that reduces the permeability of the lot, or any other hardscape regulated by the municipal code. SECTION 4: Section 9 -1C -6-D-6 of the TCMC (Specific Procedures: Minor Exception) is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged. 6. Comment Period: The comment period will be ten (10) fourteen (14) days from the date notice is provided. Written comments received by the director during this period will be considered as part of the staff review. SECTION 5: Table 9-1E-2 of the TCMC (Off -Street Vehicle Parking Space Dimensions) and Section 9 -1E -2.D.8 is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged. Table 9-1E-2 Off -Street Vehicle Parking Space Dimensions Size of Parking Stall (min.) Aisle Width Width Length One-way Two-way Standard Dimensions Parallel 9 ft. 24 ft. 13 ft. 20 ft. - 30 -Degree 9 ft. 17 ft. 15 ft. 20 ft. 45 -Degree 9 ft. 19 ft. 18 ft. 22 ft. 60 -Degree 9 ft. 20 ft. 25 ft. 24 ft. 26 ft. 24 ft. 90 -Degree 8 ft., 6 in. 18 ft. See 25 ft. Footnote 1 Compact 8 ft. 15 ft. See Standard Dimensions Tandem (1 space) 10 ft. 20 ft. See Standard Dimensions Ordinance No. 23-1069 Page 3 of 6 Residential Garage 10 ft. 20 ft. -- -- Motorcycle 4 ft. 7 ft. -- -- Bicycle 2 ft. 6 ft. -- -- 1 - One-wav aisles are prohibited for 90 -degree parking. 8. Residential Backup Space: The backup space for single-family .sec garage parking shall will be a function of the width of the garage door opening. The backup dimension shall comply with the requirements in Table 9-1E-4, "Minimum Backup Dimension and Garage Door Width", of this section. For the purposes of this section, "garage door width" shall be defined as the clear opening between structural elements. The measurement for backup space shall follow the "Minimum Backup Dimension and Garage Door Diagram", of this section. The backup space for a single-family use may protrude into the sidewalk and parkway portions of the public right-of-way, but not the street. SECTION 6: Section 9-1 F-3 of the TCMC (Defintions) is amended as follows with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged. SIGN: WINDOW 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: 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 tern five feet (40 5') inward from the interior face of the window, provided the building or enclosed structure is otherwise legal. Any sign, whether or not temporary in nature, which is applied or attached to a window, or located within tern five feet (40 5') of the inside of a window in a manner that it is visible from the exterior of the structure. (Ord. 19-1036; amd. Ord. 22- 1060) SECTION 7: Section 9-1F-12 of the TCMC (Temporary Signs) is amended as follows, with additions in underline. All other contents of this section will remain unchanged. J. Window Signs (Permit Required): 1. Total Sign Face Area: Twenty-five percent (25%) of each window area on either a designated primary and secondary building frontage. For the purpose of this requirement, a window is any glazed area, including glass curtain walls. Interior signs oriented toward and within tea five feet (40 5') of a storefront window shall be counted as window signs for the purpose of calculating area of window coverage. Ordinance No. 23-1069 Page 4 of 6 SECTION 8: Table 9-1G-3 of Section 9-1G-11 of the TCMC (Temple City R-1 Development Standards) is amended as follows, with additions in underline. All other contents of this section will remain 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 Measured from wall to wall Distance between all other buildings/structures 10 10 Measured from eave to eave SECTION 9: Section 9 -1G -12.G.7 of the TCMC (R-1 Zone District Residential Development Standards) is amended by adding the following. All other contents of this section will remain unchanged. 7. The required garage for the main dwelling cannot be attached to a detached accessory structure used as habitable space. SECTION 10: Table 9-1 H-3 of Section 9-1 H-3 of the TCMC (Mixed Use Development Standards) is amended as follows, with additions in underline. 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. Building Intensity Density Residential 10 du/ac 20 du/ac 20 u/ac 40 du/ac See R-3 Zone Mixed -Use 10 du/ac 20 du/ac 20 du/ac 40 du/ac SECTION 11: Section 9-1 N-3 of the TCMC (Walls and Fences) is amended as follows, with additions in underline and deletions in strikethrough. All other contents of this section will remain unchanged. e -b. Walls and fences along the front property line used to screen adjacent parking lots must have a three-foot (3') setback that is landscaped and irrigated. Ordinance No. 23-1069 Page 5 of 6 E. All walls and fcnccc within five feet (5') of the front property line must have a stucco appearance or split face to complement the building. F. d: Chain -link fences are not allowed in the front or street side yards, but may be allowed in rear and interior side yards. G.-€- Barb Wire, Concertina Wire, Wrought Iron with Spikes: No fence or wall is allowed to contain barb wire, concertina (razor) wire, wrought iron with spikes, or any similar sharp projections attached to a fence deemed hazardous by the Community Development Director. Electrical fences are prohibited. Security fencing for facilities owned by a public utility or government agency may include items listed above provided the hazardous items are at least seven feet (7') above the natural grade of a public right- of-way. (Ord. 19-1036) SECTION 12: Section 9-1T-16 of the TCMC (Home Occupations) is amended by adding the following. All other contents of this section will remain unchanged. I. Prohibited Uses: the following uses will be prohibited as home occupations: firearms and ammunition, massage, automotive repair shops, automotive body shops, pet grooming shops, kennels, bee keeping, raising animals for commercial purposes, or other uses deemed to be hazardous or undesirable by the Community Development Director. J. Music Lessons: music lessons including piano, woodwind, string, and headphone - based musical instruments are permitted if there is not more than one unrelated student present at a time, lessons occur after 8:00 a.m. and before 8:00 p.m., and lessons do not occur on Sundays or Federal Holidays. Unless headphone -based, saxophone, brass and percussion instruments are not allowed. SECTION 13: 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 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 14: 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. Ordinance No. 23-1069 Page 6 of 6 PASSED, APPROVED, AND ADOPTED this 7th day of March, 2023. William Man,`Mayor ATTEST: APPROVED AS TO FORM: it 6tA/ ) Peggy I uo, ity Clerk Greg urphy, City Attorney Ordinance No. 23-1069 was introduced for first reading at the City Council Regular Meeting on February 21, 2023, and adopted at the City Council Regular Meeting on March 7, 2023, by the following vote: AYES: Councilmember-- Sternquist, Vizcarra, Yu, Chavez, Man NOES: Councilmember — None ABSENT: Councilmember — None ABSTAIN: Councilmember — None Peggy Ku , ' ity " Ierk