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HomeMy Public PortalAboutOrdinance 07-9161 1 ORDINANCE NO. 07 -916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING THE TEMPLE CITY ZONING CODE RELATIVE TO THE OPEN SPACE AND PERMEABILITY REQUIREMENTS IN THE R -1, R -2 AND R -3 ZONES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1. Based upon information presented in the City Council Staff Report dated April 17, 2007; and Planning Commission Staff Reports dated September 26 and December 12, 2006, January 1 and February 13, 2007, and based upon Public Hearings before the Planning Commission on February 13, 2007 and March 13, 2007, and a Public Hearing before the City Council on April 17, 2007 to consider certain amendments to the Zoning Code, the City Council hereby amends the Zoning Code of the City of Temple City as described in Section 4 below based upon the findings set forth in Section 2 below and based upon the Environmental Assessment which is discussed in Section 3 below. SECTION 2. The need for a Zoning Code amendment is based upon the following findings: 1. The Temple City Zoning Code currently requires a minimum amount of open space and permeable space for all residentially zoned lots, however, increasing these standards and adding runoff guidelines will result in more open space and more permeable area which would assist in reducing storm water runoff; 2. To further the goals of the NPDES, and to minimize storm water runoff, this Resolution recommends guidelines to be inserted into the R -1, R -2 and R -3 Codes to encourage the use of permeable materials and maximize the amount of runoff directed to permeable areas; 3. The Temple City Zoning Code currently specifies that new developments in the R -2 and R -3 Zones must provide 500 square feet of open space per unit, and that 20% of any such property shall be permeable. The permeability requirement should be increased to decrease storm water runoff, decrease the resulting pollutants washed into storm drains, and to increase the amount of "green" space that can be enjoyed by residents; 4. There is an existing inconsistency between Section 9362D and Section 9563A regarding the open space requirements for the R -3 Zone. In order to omit this inconsistency, and provide clarity for City Staff in administering the provision of the Zoning Code relative to open space requirements, both sections should be consistent. SECTION 3. This project (amendments to the Temple City Zoning Code relative to open space and permeability requirements) shall not result in significant effects upon the environment and a Negative Declaration has been prepared in accordance with the State CEQA Guidelines. The initial study 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 4. The Planning Commission hereby recommends that the following sections be added to the Temple City Zoning Code: TITLE 9 CHAPTER 1M — ZONING CODE PART 1 — ZONE R -1 Ordinance No. 07 -916 Page 2 SECTION 9335: PERMISSIBLE LOT COVERAGE: Not more than fifty percent (50 %) of any R -1 zoned lot shall be covered with buildings and structures. Furthermore, at least twenty -five (25 %) of the lot area shall be permeable on lots under 7,200 square feet, at least thirty -five (35 %) of the lot area shall be permeable on lots between 7,200 and 9,999 square feet, and at least forty (40 %) of the lot area shall be permeable on lots 10,000 square feet and above; these areas may be maintained with landscaping, appropriate ground cover, permeable pavers with a sand base, turf block, grasscrete or other acceptable pervious materials, but may not be covered with structures, concrete or asphalt. SECTION 9336: SINGLE - FAMILY RESIDENCE CONSTRUCTION REQUIREMENTS: A.B. Guideline Checklist: Site Planning: Runoff Reduction: ❑ Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground. ❑ Maximize permeable areas to allow more percolation of runoff into the ground through such means as: a. Biofilters; b. Green strips; c. Swales. ❑ Maximize the amount of runoff directed to permeable areas and /or maximize storm water storage for reuse or infiltration by such means as: a. Orienting roof runoff towards permeable surfaces, drywells, French drains, or other structural BMPs rather than directly to driveways or non - permeable surfaces so that runoff will penetrate into the ground instead of flowing off -site. b. Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse. c. Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. ❑ Any construction project adding down spouts, gutters and subsurface pipes directing storm water to the curb face shall have a French drain system of perforated pipe and gravel unless site - specific circumstances endanger public safety a. Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off -site flows; b. Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and c. Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground. Minimize Runoff. Minimize the amount of runoff directed to impermeable areas and /or maximize storm water storage for reuse: a. Install rain gutters and orient them towards permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off -site; b. Modify grades of property to divert flow to permeable areas and to minimize the amount of storm water leaving the property; 1 1 1 1 1 Ordinance No. 07 -916 Page 3 c. Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal; d. Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse of to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and ❑ Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. TITLE 9 CHAPTER 1M — ZONING CODE PART 2 — ZONE R -2 SECTION 9352: STANDARDS OF DEVELOPMENT: Special Development Criteria: 6. At least forty percent (40 %) of the lot area shall be permeable. Furthermore, at least 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. SECTION 9354: PERMISSIBLE LOT COVERAGE: Not more than fifty percent (50 %) of any R -2 zoned lot shall be covered with buildings and structures. Furthermore, at least forty percent (40 %) of the lot area shall be permeable; these areas may be maintained with landscaping, appropriate ground cover, permeable pavers with a sand base, turf block, grasscrete, or other acceptable pervious materials, but may not be covered with structures, concrete or asphalt. SECTION 9355: DESIGN GUIDELINES: A. Guideline Checklist: Site Planning: Runoff Reduction: ❑ Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground. ❑ Maximize permeable areas to allow more percolation of runoff into the ground through such means as: a. Biofilters; b. Green strips; c. Swales. ❑ Maximize the amount of runoff directed to permeable areas and /or maximize storm water storage for reuse or infiltration by such means as: a. Orienting roof runoff towards permeable surfaces, drywells, French drains, or other structural BMPs rather than directly to driveways or non - permeable surfaces so that runoff will penetrate into the ground instead of flowing off -site. b. Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse. Ordinance No. 07 -916 Page 4 c. Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. ❑ Any construction project adding down spouts, gutters and subsurface pipes directing storm water to the curb face shall have a French drain system of perforated pipe and gravel unless site - specific circumstances endanger public safety a. Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off -site flows; b. Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and c. Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground. ❑ Minimize Runoff. Minimize the amount of runoff directed to impermeable areas and /or maximize storm water storage for reuse: a. Install rain gutters and orient them towards permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off -site; b Modify grades of property to divert flow to permeable areas and to minimize the amount of storm water leaving the property; c. Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal; d. Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse of to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and ❑ Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. ❑ Reduce Parking Lot Pollution. a. All parking lots should use oil and water separators or clarifiers to remove petroleum -based contaminants and other pollutants which are likely to accumulate; b. Direct runoff toward permeable areas and away from pollutant laden areas such as parking lots; and c. Construct portions of parking lots from porous materials. TITLE 9 CHAPTER 1M — ZONING CODE PART 3 — ZONE R -3 SECTION 9362: STANDARDS OF DEVELOPMENT: F. Special Development Criteria: 6. At least forty percent (40 %) of the lot area shall be permeable. Furthermore, at least 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. SECTION 9366: DESIGN GUIDELINES: A. Guideline Checklist: 1 1 1 1 1 1 Ordinance No. 07 -916 Page 5 Site Planning: Runoff Reduction: ❑ Use permeable materials in lieu of or to replace hardscape to increase the amount of runoff seepage into the ground. ❑ Maximize permeable areas to allow more percolation of runoff into the ground through such means as: a. Biofilters; b. Green strips; c. Swales. ❑ Maximize the amount of runoff directed to permeable areas and /or maximize storm water storage for reuse or infiltration by such means as: a. Orienting roof runoff towards permeable surfaces, drywells, French drains, or other structural BMPs rather than directly to driveways or non - permeable surfaces so that runoff will penetrate into the ground instead of flowing off -site. b. Grading the site to divert flow to permeable areas. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse. c. Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. ❑ Any construction project adding down spouts, gutters and subsurface pipes directing storm water to the curb face shall have a French drain system of perforated pipe and gravel unless site - specific circumstances endanger public safety a. Use natural drainage, detention ponds or infiltration pits so that runoff may collect and seep into the ground and reduce or prevent off -site flows; b. Divert and catch runoff through the use of drainage swales, berms, green strip filters, gravel beds and French drains; and c. Construct driveways and walkways from porous materials to allow increased percolation of runoff into the ground. ❑ Minimize Runoff. Minimize the amount of runoff directed to impermeable areas and /or maximize storm water storage for reuse: a. Install rain gutters and orient them towards permeable surfaces rather than driveways or nonpermeable surfaces so that runoff will penetrate into the ground instead of flowing off -site; b. Modify grades of property to divert flow to permeable areas and to minimize the amount of storm water leaving the property; c. Use sediment traps to intercept runoff from drainage areas and hold or slowly release the runoff, with sediments held in the trap for later removal; d. Use retention structures or design rooftops to store runoff. Utilize subsurface areas for storm runoff either for reuse of to enable release of runoff at predetermined times or rates to minimize the peak discharge into storm drains. Cisterns are also a possible storage mechanism for reuse; and ❑ Design curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. Ordinance No. 07 -916 Page 6 ❑ Reduce Parking Lot Pollution. a. All parking lots should use oil and water separators or clarifiers to remove petroleum -based contaminants and other pollutants which are likely to accumulate; b. Direct runoff toward permeable areas and away from pollutant laden areas such as parking lots; and c. Construct portions of parking lots from porous materials. TITLE 9 CHAPTER 4 — CONDOMINIUM CONSTRUCTION SECTION 9563: DESIGN CRITERIA: A. Open Space Requirements: "Open space ", as defined in section 9109 of this title, shall be required as follows: R -2: 500 square feet for each dwelling unit R -3: 500 square feet for each dwelling unit 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 1st day of May, 2007. ATTEST: N �. L City Cler MAYOR I, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, Ordinance No. 07 -916, was introduced at the regular meeting of the City Council of the City of Temple City held on the 17th day of April, 2007 and was duly passed, approved and adopted by said Council at their regular meeting held on the 1st day of May, 2007 by the following vote: AYES: Councilmember- Capra, Vizcarra, Wilson, Gillanders, Wong NOES: Councilmember -None ABSENT: Councilmember -None ABSTAIN: Councilmember -None 1 1 1