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HomeMy Public PortalAboutOrdinance 03-8881 1 ORDINANCE NO. 03 -888 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO SECOND UNIT HOUSING THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon an information study session and a review of background information including the recently enacted State law known as Assembly Bill 1866, and based upon a public hearing to consider an amendment to the Zoning Code and based upon information provided in Staff reports to the Planning Commission and the City Council and based upon information and testimony received at the hearings, the City Council finds that: 1. The Temple City Zoning Code currently prohibits second unit housing, but allows guest houses, without kitchens to a maximum of 640 square feet of living space. 2. While a covenant is required to be recorded for any so called guest house, specifying that it may not be rented, over time it is very likely that many guest houses currently in existence are utilized for rental purposes. 3. State law specifies that cities must allow second unit housing in an effort to address existing and projected housing shortages and to provide affordable housing. 4. The most recently adopted State law relative to this matter is Assembly Bill 1866, which strictly limits the city's ability to impose any restrictions; further, the law mandates that permits be issued for second units ministerially, without any discretionary review or public input. 5. Additionally, the State mandates a Housing Element of the General Plan; said Housing Element must be submitted to the State Department of Housing and Community Development for approval and certification. In order to be in compliance with this State law, cities must make provisions for affordable housing, including so- called "second units ". 6. The recommended Zoning Code Amendment, as contained herein, would bring the City in compliance with State law and would also help to assure that second unit housing, in the City of Temple City is continuously maintained as affordable. Additionally, minimal parking requirements are suggested in order to minimize or eliminate adverse impacts upon existing residential neighborhoods. 7. The City should adopt a Second Unit Housing Ordinance with the expectation that it would likely result in the certification and approval of the City's Housing Element by the State Department of Housing and Community Development. SECTION 2. This project should result in no significant effects upon the environment, which will not be mitigated by this Ordinance, and a Negative Declaration 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. The City Council amends the Temple City Zoning Code as recommended by the Planning Commission in Resolution No. 02 -2051 PC. The Zoning Code shall be amended as follows: Ordinance No. 03 -888 Page 2 ARTICLE IX PART XIII — RESIDENTIAL DISTRICTS DIVISION 1 — ZONE R -1 9332. LIMITATIONS ON USES. Section B is amended to read: 9332. PERMITTED USES B. Second Unit Housing Second Unit Housing shall be permitted subject to the following criteria: 1. The subject lot shall be improved with only one single - family dwelling. 2. The existing single - family dwelling shall be owner - occupied. 3. The second unit may not be sold separately, but may be rented; however, it shall be continuously maintained as "affordable" housing for a period of not less than 30 years from the date of first occupancy. In order to avoid overcrowdedness, occupancy of any second unit shall be limited to one and two person households. In order to ensure affordability, any second unit shall be occupied by low or very low- income households. (Low income shall be defined as 50% of the average median income for the Los Angeles /Long Beach Metropolitan Area). The maximum amount of rent, which may be charged shall be 30% of the total household income or 30% of the income limit for low- income households whichever is Tess. Every occupant of a second unit shall be qualified for eligibility based upon annual tax returns. Said restriction shall be set forth in a recorded covenant or deed restriction. It shall be incumbent upon the property owner to provide documentation on an annual basis relative to eligibility and the owner shall agree to evict any tenant, which does not meet the eligibility requirement. 4. A second unit may be detached or attached to the main dwelling. If the second unit is detached, it shall not exceed 640 square feet of living area, and shall be single story, not exceeding a height of 15 feet. If the second unit is attached to the main dwelling, it shall not exceed 30% of the total floor area used for living purposes or 640 square feet, whichever is less. 5. A covenant or deed restriction shall be recorded prior to the issuance of a building permit, specifying that the main dwelling on the property shall be continuously owner - occupied. If the property is sold, the new owner shall sign an affidavit acknowledging that the main dwelling must be continuously owner- occupied and shall submit documentation of eligibility for occupancy of the second unit. If any new buyer fails to agree to the owner - occupancy status or the eligibility screening for occupancy of any second unit, the kitchen of the second unit shall be removed and the second unit shall become part of the main dwelling, if attached or shall be converted to uninhabitable accessory space, if said unit is detached. 6. Additionally, the above referenced covenant or deed restriction shall specify that prior to the time of any sale, said property shall be inspected by the City of Temple City and any required modifications to the aforementioned second unit shall be completed prior to close of escrow for any sale. 7. Any second unit, whether attached or detached, shall be calculated toward the maximum permitted floor area ratio as livable square footage and habitable space; construction shall be 1 1 1 Ordinance No. 03 -888 Page 3 in full compliance with all applicable Zoning criteria including setbacks, maximum permitted lot coverage, maximum permitted floor area ratio, etc. 8. No second unit shall have separate and independent utilities or a separate numerical address from the main dwelling. Any second unit shall obtain sewer connection, electrical service, gas connection, etc. via the main dwelling. Further, all utilities including the size of the sewer lateral, the amperage of the electrical panel, etc. shall be upgraded, if necessary, to be in full compliance with applicable provisions of the Los Angeles County Uniform Building Code. 9. Any second unit shall provide two garage parking spaces. As specified by State law, said parking may be in tandem, however, the required parking for any second unit shall be independent from required parking for the existing main dwelling. The required parking for the existing main dwelling shall be independently accessible. 10. At the time of building permit issuance, the applicable Park and Recreation fee for a dwelling unit shall be applicable. Additionally, all other fees including the school fee, if applicable, shall be paid prior to the issuance of a building permit. 11. No second unit shall be allowed on any lot having existing non - conformities. 12. There shall be no more than one second unit on any residential lot. Furthermore, no second unit shall be allowed on a lot, which is currently improved with a "guest house ". However, a guest house may be converted to a second unit if it is brought into full compliance with all standards contained herein including setbacks, lot coverage, floor area ratio, minimum parking criteria, etc. 13. Guest houses as currently defined and allowed in the Zoning Code, shall require two garage parking spaces and shall count toward the maximum permitted floor area ratio. As specified in the Zoning Code, said guest living quarters shall be limited to 640 square feet in size, be single story, shall not contain a kitchen and may not be used for rental purposes. 14. A site plan review shall be conducted at the Staff level to ensure that any proposed second unit or guest quarters are consistent and compatible with the design and architectural style of the main dwelling on the lot as well as other residential structures in the surrounding neighborhood. ARTICLE IX CHAPTER 1 — ZONING CODE PART 1 — INTRODUCTION 9126. 'S' SECTION. Second Unit shall mean an attached or detached residential dwelling unit, which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single - family dwelling is situated. ARTICLE IX CHAPTER 1 — ZONING CODE PART X — OFF STREET PARKING REQUIREMENTS Ordinance No. 03 -888 Page 4 9291. PARKING SPACES REQUIRED The following is added under USE AND NUMBER OF PARKING SPACES REQUIRED: Second Unit Two parking spaces, each of which shall be in a garage. Said parking may be in tandem. Guest House Two parking spaces, each of which shall be in a garage. Said parking may be in tandem. ARTICLE IX PART XIII — RESIDENTIAL DISTRICTS DIVISION 11— ZONE R -2 9350. PERMITTED USES A. Principal Uses 4 (c). Second Units shall be permitted as set forth in Section 9332. ARTICLE IX PART XIII — RESIDENTIAL DISTRICTS DIVISION III — ZONE R -3 9360. PERMITTED USES A. Principal Uses 2(c). Second Units shall be permitted as set forth in Section 9332. SECTION 4. If any portion of this Ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance and this City Council hereby declares that such portion shall be severable and that it would have enacted the balance of this Ordinance regardless of such partial invalidity. SECTION 5. 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 on this 27th day of May, 2003. e7 MAYOR 26.14.41‘-1--1°L ATTEST: 1 1 1 1 Ordinance No. 03 -888 Page 5 I, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 03 -888 was introduced at the regular meeting of the City Council of the City of Temple City held on the 6th day of May, 2003 and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested to by the City Clerk at an adjourned regular meeting held on the 27th of May, 2003 by the following vote: AYES: Councilmember - Arrighi, Capra, Wong, Zovak, Vizcarra NOES: Councilmember -None ABSENT: Councilmember -None Q City Clerk