HomeMy Public PortalAbout10) 8B SERIES 1 CODE AMENDMENTSCity Council
May 17, 2016
Page 2 of 3
ANALYSIS:
From time to time as staff administers the Zoning Code (TCMC Title 9), staff identifies
necessary improvements and clarifications. These miscellaneous modifications to Title 9
are assembled into an omnibus ordinance. As the Planning Division is in the midst of a
General Plan Update, which will result in a new Zoning Code, staff has limited the items
in the proposed Series 1 Code Amendment to minor changes that are consistent with the
direction already established in the Zoning Code. Some of the amendments covered in
Series 1 include:
• Fixing loopholes in the definition of floor area ratio that unexpectedly allows
oversized garages and covered patios that in some cases are as large as the first
floor of the house (Ordinance Section 1 and 9);
• Incorporating the Zoning Code Interpretation of demolition as directed by the City
Council when it was approved on February 2, 2016;
• Removing fees in the Zoning Ordinance and relying on the City Council adopted
fee resolution to set fees (Ordinance Section 2 and 3);
• Adding billiard halls to the off-street parking requirement table (Ordinance Section
4);
• Allowing a minimal amount of paving in the front yard so vehicles can exit in a
forward facing direction on certain streets (Ordinance Section 5);
• Adding a standard vehicle back up dimension for single-family residences
(Ordinance Section 6);
• Limiting the height of fences near driveways on corner lots to maintain visibility
(Ordinance Section 7);
• Establishing a maximum height for porches and patios in the side and rear yard
(Ordinance Section 8);
• Requiring laundry facilities and water heaters to be located inside of structures
(Ordinance Section 1 0);
• Specifying from where the height of a front porch should be measured (Ordinance
Section 11 );
• Clearing up ambiguity regarding the floor area incentive for front porches in the R-
1 Zone (Ordinance Section 12);
• Making the execution of a subdivision improvement agreement optional at the
discretion of the City (Ordinance Section 13); and
• Clarifying the procedure, the approval authority, and appeal process for lot
consolidations (Ordinance Section 14) and lot line adjustments (Ordinance Section
15).
The Planning Commission recommended that staff modify Section 10 of the Ordinance
so that it does not apply to tankless water heaters and to remove regulations requiring
that additions or remodels adjacent to existing water heaters relocate the water heater to
the interior of the structure. With those minor amendments the Planning Commission
recommended the City Council adopt Ordinance 16-1014. Staff agrees with the Planning
City Council
May 17, 2016
Page 3 of 3
Commission's comments and has changed Section 10 accordingly.
For more information, the Planning Commission Staff Report (Attachment "B") provides a
summary of the changes proposed and the reason for the changes.
Findings
TCMC Section 9-1 G-0 provides that the Zoning Code may be "amended whenever the
public interest and necessity so require." There are no specific findings required to amend
the Zoning Code or other titles of the Municipal Code.
Environmental Review
The proposed ordinance is exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines
pertaining to minor alterations to land use limitations and Section 15061 (b)(3) of the
CEQA Guidelines because it can be seen with certainty to have no possibility of a
significant effect on the environment.
CITY STRATEGIC GOALS:
Adopting the proposed ordinance would further the City Strategic Goals of Public Health
and Safety and Quality of Life.
FISCAL IMPACT:
The proposed ordinance would have no impact on the Fiscal Year 2015-16 City Budget.
ATTACHMENTS:
A. Ordinance Number 16-1014
B. Planning Commission Staff Report
. ATTACHMENT A m
ORDINANCE NO . 16-1014 •
ORDINANCE NO. 16-1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTERS
1 AND 2 OF THE TEMPLE CITY MUNICIPAL CODE.
EXHIBIT A
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 City's zoning ordinance, found at 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 ordinance.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
Words shown with a strikethrough shall be deleted from the existing Municipal Code.
Words shown with an underline shall be added to the Municipal Code. Words without underlines
or strikethrough shall not be modified and are provided for reference purposes only.
SECTION 1: Section 9-1A-9 of the TCMC, is hereby amended to read in part as follows:
DEMOLITION: The destruction or removal of a building or portion of a building. For purposes of
determining whether a structure has been demolished, roof framing (not including sheathing)
shall constitute 20 percent of the structure's square footage; wall framing (not including interior
or exterior finishes such as drywall, lath, plaster, and siding) shall constitute 60 percent of the
structure's square footage; floor framing (not including sheathing or slab) shall constitute 10
percent of the structure's square footage; and the foundation or footings shall constitute 10
percent of the structure's square footage. In cases where a structure is built as a "slab on
grade" as opposed to a raised foundation, the slab and the footings together shall be equivalent
to 20 percent of the structure's square footage, the wall framing shall constitute 60 percent, and
the roof shall constitute 20 percent. Wall demolition shall be calculated as the horizontal
distance for the full height of the wall; vertical distances or portions of walls are not considered.
A. When an existing window or door is being replaced with a new window or door of the
same size and the surrounding framing members are not being replaced the area shall
not be counted as a demolition.
B. When an existing window or door is being replaced with a new window or door that is
smaller than the existing openina. one new stud is being installed, and the existing
Ordinance No. 16-1014
Page2of13
header and sill are being cut down to size. the portion of the wall between the new
window or door and the old stud shall be counted as demolition.
C. When an existing window or door is being replaced with a new window or door that is
smaller than the existing opening and new studs. headers. and a sill are being installed
the entire opening shall be counted as demolition.
D. When an existing window or door is being replaced with a new window or door that is
larger than the existing opening the entire opening shall be counted as demolition.
E. When a new door or window is installed or any new opening is created or enlarged
within an existing wall the entire opening shall be counted as demolition.
F. When an existing window or door is removed or filled in within an existing wall and the
existing studs. header. and sill will remain in the place the area shall not be counted as
demolition.
G. When the area between a door's header and the top plate is removed, creating an
opening from the floor to the top plate, the area shall be counted as demolition.
H. When the area of a wall between the top plate and the floor plate is removed, the area
shall be counted as demolition.
I. When a ceiling is raised by increasing the height of the header and sistering (The act of
providing additional structural support to a stud, joist. or other framing member by
attaching a similarly sized framing member) the existing studs with newer studs, that
area shall be calculated as demolition.
J. When a floor joist, ceiling joist, rafter, stud, or similar framing member is involuntarily
damaged, it may be sistered with a new framing member without being calculated as a
demolition.
FLOOR AREA RATIO: The total gross floor area included within the surrounding exterior walls of
a building(s) or portion thereof divided by the gross area of the lot, prior to any required
dedications. In calculating floor area ratio (FAR), the exterior walls shall be counted as gross
square footage. For residential uses (not mixed use or commercial), the floor area shall be
counted twice for any portion of the dwelling where the distance between the floor and the ceiling
directly above exceeds twelve feet (12') Gf and in instances where the height of a single-story
structure or single-story portion of a two-story structure exceeds eighteen feet (18'). In the R 1
zone the floor area ratio limitations shall apply only to the totallivin[J area of any \>No story El•Nellin[J
or sin§le story Elwellin[J in eJ(Gess of ei[Jhteen feet (1 8') in hei[Jht; floor area limitations shall not
apply to attasheEl or EletasheEl §ara§es or sin§le story assessory buiiElin§s not intenEleEl for human
habitation. For single-family structures and in the R-1 zone, the floor area ratio limitations shall
apply to:
A. The living area of any two-storv dwelling or single-story dwelling in excess of eighteen feet
( 18') in height.
B. Accessory structures not including required parking, but including garages in excess of
Code requirements. guest houses, pool houses, playrooms, second unit housing, and the
like.
C. Patios, porches. entrvways, or the like (recessed or projecting) on the side or rear of
structures that are more than 50 percent covered or greater than 20 percent enclosed.
1. In instances where a portion of a patio. porch, entrvway, or the like is open to the sky
and an adjoining area is covered, the two areas shall be calculated independently, not
average.
2. The area underneath a second floor overhang shall be counted toward floor area,
when the overhang is greater than four feet in depth or 25 square feet.
Ordinance No. 16-1014
Page 3 of 13
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. Exterior 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.
D. Projecting balconies that are enclosed with a wall or parapet wall (railings are not
considered a wall).
E. Recessed balconies that are more than 50 percent covered.
F. All balconies larger than 25 square feet in size. even if not counted or enclosed.
In the R-2 and R-3 zones, floor area ratio limitations shall apply to all structures on a lot including
enclosed garages and accessory buildings.
NATURAL GRADE: The grade at the time of an application being filed or the grade before being
altered by artificial means such as cut, fill. landscaping. or berming.
SECTION 2: Section 9-1 F-42 of the TCMC is hereby amended to read in full as follows:
9-1F-42: MODIFICATION:
Any condition imposed upon the granting of a variance or conditional use permit including
special use permits and zone exceptions granted prior to the incorporation of the city, may be
modified or eliminated, or new conditions may be added, provided that the granting body shall
first conduct public hearings thereon, in the same manner as required for the granting of the
same. No such modification shall be made unless the commission or council finds that such
modification is necessary to protect the public interest. (In case of deletion of such a condition,
that such action is necessary to permit reasonable operation under the variance or conditional
use permit.) Modification proceedings relating to permits or exceptions granted by the county
prior to incorporation of or annexation to the city, shall be processed by the commission.
All commission determinations regarding modification proceedings shall be subject to an appeal
as set forth in section 9-1 F-26 of this article, except the filing and processing fee shall be ifHAe
amount of twenty five dollars ($25.00) that specified by the most recent fee resolution adopted
by City Council.
SECTION 3: Section 9-1 H-5 of the TCMC is hereby amended to read in full as follows:
Any person dissatisfied with the decision of the community development director or his/her
designee may appeal the decision of the community development director to the planning
commission. ask for a review by the planning commission with respect there to, at no cost. The
decision of the planning commission may be appealed to the city council whose decision shall
be final.
Ordinance No. 16-1014
Page 4 of 13
SECTION 4: Section 9-1 J-2 of the TCMC is hereby amended to add the use of "Billiard Hall" to
the "Use" column and to require seven parking spaces per 1,000 square feet of gross floor area to
the "Number of Off Street Parking Spaces Required" column.
SECTION 5: Section 9-1 J-7 of the TCMC is hereby amended to read in full as follows:
B. Access Driveways: Driveways serving parking areas for less than six (6) vehicles shall be a
minimum of ten feet (10') wide.
1. All driveways serving parking areas for six (6) or more vehicles shall be a minimum twelve
feet (12') wide. Where both egress and ingress are provided on a single driveway, the
minimum width shall be sixteen feet (16'). Parking areas for thirty (30) or more vehicles
shall be provided with separate driveways for egress and ingress, each of which shall be
not less than twelve feet (12') in width.
2. Any driveway which is over one hundred twenty five feet (125') in length shall be not less
than fifteen feet (15') in width.
~ Joint use driveways used in combination with abutting properties shall be allowed when
proper easements or agreements, approved as to form by the city attorney, have been
executed and filed with the city.
4. All parking areas for five (5) six (6) or more vehicles shall be designed to allow forward
motion only, of all vehicles entering a street, unless the access drive is a minimum of
eighteen feet (18') in width.
5. Notwithstanding any other provision hereof, no driveway shall exceed a total distance of
three hundred feet (300') from a street to the parking area served.
6. All driveways shall be maintained with a vertical clearance of not less than thirteen feet
(13') provided that an encroachment by eaves of not exceeding thirty inches (30") shall be
permitted.
7. Utility meters, trash receptacles, power poles, exterior plumbing and other similar facilities
are expressly prohibited within driveway areas.
8. R-1 zoned properties or properties with single family uses along Temple City Boulevard,
Rosemead Boulevard, Baldwin Avenue, Santa Anita Avenue, streets where the posted
maximum speed limit is 35 rniles per hour or greater, or other locations as determined by
the Community Development Director, where the existing garage and driveway location
makes it infeasible for a vehicle to enter the street in a forward facing direction may
provide a turnaround area of no more than 9 feet in width and 12 feet in depth.
a. The paving in the turnaround area shall be decorative concrete pavers, turfblock, or
similarly high quality options approved by the Community Development Director.
b. This turnaround area shall not be used for vehicular parking.
c. The turnaround area shall not be combined with walkways is such a manner as to allow
for the creation of a parking space sized area in the front yard.
d. Properties where new development is proposing a garage in the rear shall provide a
turnaround area in the rear portion of the lot to limit the amount of paving in the front yard.
SECTION 6: Section 9-1J-7 of the TCMC is hereby amended to read in part as follows:
0. Residential Backup Space: The back up space for single-family uses shall be a function of
the width of the garage door opening. The backup dimension shall comply with the
Ordinance No. 16-1014
Page8of13
Covered porches and patio covers on the side or rear of structures. including those with a
roof or semi-open roof. shall not be more than 12 feet in height. measured from natural
grade to the top of the structure.
SECTION 9: Section 9-1 M-12 of the TCMC is hereby amended to read in part as follows:
I. Maximum Floor Area Requirements:
1. Any two-story single-family dwelling or single-story dwelling with a height of more than
eighteen feet (18') shall not exceed a floor area ratio (FAR) of 0.35 to a maximum allowable
floor area of three thousand five hundred (3,500) square feet, plus up to four hundred (400)
net square feet for an attached two (2) car garage or up to six hundred (600) net square
feet for an attached three (3) car garage; provided, however, the maximum permitted floor
area ratio may be increased by incentive bonuses as referenced in section 9-1M-15 of this
article. Single stery Eletached accessery buildings net intended fer human habitatien shall
net be ceunted in the tetal fleer area fer purpeses ef determining fleer area ratie. l=lewever,
a cenditienal use permit shall be ebtained fer any accessery buiiEiing in eJmess ef five
hundred (500) Sf1uare feet.
2. No two-story dwelling or single-story dwelling with a height of more than eighteen feet
(18') shall exceed a maximum permitted size of three thousand five hundred (3,500) square
feet of living area, excluding up to four hundred (400) net square feet for an attached two
(2) car garage or up to six hundred (600) net square feet for an attached three (3) car
garage; provided, however, the maximum permitted dwelling size may be increased by
incentive bonuses as referenced in section 9-1 M-15 of this article. Single stery detached
accessery buildings net intended fer human habitatien shall net be ceunted in the tetal fleer
area. l=lewever, a cenditienal use permit shall be ebtaineEI fer any accessery building in
excess ef five hundred (500) square feet.
3. The second story of any two-story single-family dwelling shall not exceed seventy five
percent (75%) of the total floor area of the first floor, including attached garages.
SECTION 10: Section 9-1 M-12 of the TCMC is hereby amended to read in part as follows:
L. Laundrv Facilities and Water Heaters: All washing machines and drvers shall be located within
the main structure or accessorv structure (in cases where a conditional use permit is approved).
Additions or remodels adjacent to an existing external water heater shall relocate the water heater
within the structure. New structures shall locate the water heater within the structure.
SECTION11: Section 9-1 M-15 of the TCMC is hereby amended to read in part as follows:
a. Entryways Or Covered Porches: Covered front entryways or covered porches shall not be
included within the building envelope for purposes of calculating the maximum permitted
square footage. However, the maximum permitted height of any such entryway or porch shall
be fourteen feet (14'), measured from natural grade to the top of the entryway's or porch's
Ordinance No. 16-1014
Page 9 of 13
ridge or parapet wall. Further, the distance between the ceiling of the porch roof or entryway
cover and the floor below shall not exceed twelve feet (12').
SECTION 12: Section 9-1M-15 of the TCMC, Table A, is hereby amended as demonstrated
below. The remaining rows of Table A shall not be deleted or modified:
TABLE
INCENTIVES ~~ ..
I Elem_ents II Definition
.
----··
Front A front, single-story, roofed, recessed portion
porch of a building that shelters an entrance or
serves as a semi-enclosed space; generally
open on J at least 2 sides and located
behind the front setback. The porch shall be
enclosed with railings and open spindles
which are visible from the street, such as
with a "farmhouse porch" .
..
Minimum/Maximum J Bonus
Size Requirements . lncentive 1
6 feet minimum 0.03 FAR
depth
15 feet minimum
length
14 feet maximum
height
SECTION 13: Section 9-2-12 of the TCMC is hereby amended to read in full as follows:
A
With respect to any subdivision, lot split or other division of land contemplated by the act or this
chapter, as to which certain improvements are required pursuant to said act or this chapter, and
the said improvements are not constructed and installed in accordance with the city's standards
therefor, as of the time of submission of a final map for approval, the city council, in its discretion,
may act in the following manner.
A. The city council may execute an agreement with the subdivider or other qualified person,
providing for the construction of such improvements; provided that any such agreement
shall contain provisions concerning security for the construction of such improvements.
Such security shall consist of the type described in subdivision (a}, (b) or (c) of section
66499 of the act whichever may be authorized by the city council. The amount of such
security shall be set in accordance with section 66499.3 et seq., of said act.
B. The city council rnay determine that an agreement with security attached is unnecessary
given the extent of the public improvements required and may approve the final map with
direction to city staff to withhold a certificate of occupancy and not send a release to the
natural gas utility provider until the required public improvements are completed.
SECTION 14: Section 9-2-17 of the TCMC is hereby amended to read in full as follows:
The provisions of this section shall apply to the processing of lot consolidations.
Ordinance No. 16-1014
Page10of13
A Authority: The community development director FJianning oommiSSIOA shall have the
authority to grant lot consolidations that conform to this code upon filing such consolidation
of record.
B. Notice of Application Submittal: Notice that the application has been submitted shall be
mailed to the owners of properties within 100 feet as shown on the latest equalized
assessment roll of the county of Los Angeles, or from other records of the assessor or
county tax collector which contain more recent and accurate addresses by United States
mail, postage prepaid. Notices shall contain a description of the location, a brief
description of the proposal, the deadline to submit comments. the date the director is
scheduled to make a decision. and information about when and how an appeal may be
filed.
C. Comment Period: Written comments received by the director during this period shall be
considered as part of the staff review. The comment period shall be 10 days from the
date notice is provided.
D. Appeal Authority: Decisions of the director may be appealed to the planning
commission. Decisions by the commission may be appealed to the city council.
E. Appeal Initiation. Filing. Content: An appeal shall be submitted in writing upon forms
provided by the city with the city clerk within 15 days after the decision by the director or
Planning Commission. Appeals may be initiated by an applicant. any resident of the
city. or any person owning real property in the city aggrieved by a decision of the
director. An appeal from decision, determination. or interpretation of the director in the
administration of the provisions of this article must set forth specifically the error or
abuse of discretion claimed by the appellant or how an application did meet or fail to
meet, as the case may be, the standards of this article.
F. Appeal Hearing And Notice: Once filed. the appeal shall be held before the planning
commission at their next meeting where the noticing requirements can be met. Appeal
hearings shall be noticed in accordance with section 9-2-17-B of this chapter.
G. Commission Decision: On an appeal from a decision of the director. the planning
commission shall consider the matter at a public hearing and may affirm. reverse or
modify the decision of the director. If the applicant or any other party as defined in
subsection E of this section is dissatisfied with the decision of the commission. they may
within a fifteen (15) day time period. appeal the same to the council. in the same manner
as an appeal is taken from the decision of the director. An appeal to the council shall be
filed with the city clerk.
SECTION 15: Section 9-2-18 of the TCMC is hereby amended to read in full as follows:
The provisions of this section shall apply to the processing of lot line adjustments.
A Final Map Not Required: Notwithstanding any other provision of this chapter, the filing of a
final parcel map shall not be required, afl€1
Ordinance No. 16-1014
Page 11 of 13
B. New Construction Park Fees: The provisions of sections 9-5-3 and 9-5-4 of this title shall
be inapplicable. in any case where, followin§ referral of such matter from the plannin§
director, the plannin§ commission finds and determines as fellows:
C. Notice of Application Submittal: Notice that the application has been submitted shall be
mailed to the owners of properties within 100 feet as shown on the latest equalized
assessment roll of the county of Los Angeles, or from other records of the assessor or
county tax collector which contain more recent and accurate addresses by United States
mail, postage prepaid. Notices shall contain a description of the location, a brief
description of the proposal, the deadline to submit comments, the date the director is
scheduled to make a decision, and information about when and how an appeal may be
filed.
D. Comment Period: Written comments received by the director during this period shall be
considered as part of the staff review. The comment period shall be 10 days from the
date notice is provided.
E. Findings. A lot line adjustment shall be approved upon making the following findings:
1. That the proposed division of land will not result in the creation of any new lots or the
reorientation of any existing lots;
2. That no public improvements or dedications are necessary to properly service the lots
involved; and
3. That the lots involved will conform in all respects to the requirements of this code.
H. Appeal Authority: Decisions of the director may be appealed to the planning
commission. Decisions by the commission may be appealed to the city council.
I. Appeal Initiation, Filing, Content: An appeal shall be submitted in writing upon forms
provided by the city with the city clerk within 15 days after the decision by the director or
Planning Commission. Appeals may be initiated by an applicant, any resident of the
city, or any person owning real property in the city aggrieved by a decision of the
director. An appeal from decision, determination, or interpretation of the director in the
administration of the provisions of this article must set forth specifically the error or
abuse of discretion claimed by the appellant or how an application did meet or fail to
meet, as the case may be, the standards of this article.
J. Appeal Hearing and Notice: Once filed, the appeal shall be held before the planning
commission at their next meeting where the noticing requirements can be met, Appeal
hearings shall be noticed in accordance with section 9-2-18-C of this chapter.
K. Commission Decision: On an appeal from a decision of the director, the planning
commission shall consider the matter at a public hearing and may affirm, reverse or
modify the decision of the director. If the applicant or any other party as defined in
subsection E of this section is dissatisfied with the decision of the commission, they may
Ordinance No. 16-1014
Page 12 of 13
within a fifteen (15) day time period, appeal the same to the council. in the same manner
as an appeal is taken from the decision of the director. An appeal to the council shall be
filed with the city clerk.
SECTION 16: The City Council hereby 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 shall not affect the validity of
the remaining section or portions of the Ordinance or part thereof. The City Council hereby
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 17: 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
15305 pertaining to minor alterations to land use limitations and Section 15061(b)(3) because it
can be seen with certainty that the Ordinance has no possibility of a significant effect on the
environment.
SECTION 18: 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 71h day of June, 2016.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric S. Vail, City Attorney
Ordinance No. 16-1014
Page 13 of 13
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 16-1014 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 171h day of May, 2016, and was duly passed, approved and adopted by
said Council at the regular meeting held on the 71h day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Peggy Kuo, City Clerk
ATTACHMENT B m
PLANNING COMMISSION STAFF REPORT.
ATTACHMENT 1 m
PLANNING COMMISSION RESOLUTION ~~~
RESOLUTION NO. 16-2472 PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMPLE CITY RECOMMENDING THAT THE
CITY COUNCIL ADOPT THE SERIES 1 AMENDMENTS TO
TITLE 9, CHAPTERS 1 AND 2 OF THE TEMPLE CITY
MUNICIPAL CODE
WHEREAS, pursuant to Government Code Sections 65854 and 65855, the
Planning Commission has the authority to review and make recommendations to the City
Council regarding amendments to the City's Zoning Code; and,
WHEREAS, ten days prior to the Planning Commission meeting, the City gave
public notice by publishing notice in the Temple City Tribune of the holding of a public
hearing at which the amendment to the City's Zoning Code would be considered; and
WHEREAS, on April 12, 2016, the Planning Commission held a noticed public
hearing at which interested persons had an opportunity to testify in support of, or in
opposition to, the proposed amendment to the City's Zoning Code and at which time the
Planning Commission considered the proposed amendment to the City's Zoning Code;
and
WHEREAS, the City has analyzed this proposed zoning amendment and
determined that it is exempt from environmental review under the California
Environmental Quality Act ("CEQA") pursuant to Section 15305 of the CEQA Guidelines
pertaining to minor alterations to land use limitations and Section 15061 (b)(3) of the
CEQA Guidelines because it can be seen with certainty to have no possibility of a
significant effect on the environment; and
WHEREAS, attached as Exhibit A is the proposed Ordinance No. 16-1014.
NOW, THEREFORE, the Planning Cornrnission of the City of Temple City does
hereby resolve as follows:
SECTION 1. The Planning Commission finds that the proposed Ordinance is consistent
with State law and that the regulations in the proposed Ordinance are reasonable and
necessary to protect the public health, safety, and welfare.
SECTION 2. The Planning Commission recommends that Section 10 of the proposed
Ordinance be modified so that it does not apply to tankless water heaters and removing
the second sentence regarding the remodels and additions.
SECTION 3. The Planning Commission hereby recommends that the City Council adopt
the proposed Ordinance, as modified in Section 2 above, which is attached hereto and
incorporated herein by reference as Exhibit A.
Resolution No. 16-2472 PC
Page 2 of 2
SECTION 4. The secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED on this 12th day of April, 2016.
Chair
I hereby certify that the foregoing Resolution was duly adopted by the Planning
Commission of the City ofT em pie City at a regular meeting held on the 12th of April, 2016,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Commissioner-Cordes, Leung, Marston, Haddad, O'Leary
Commissioner-None
Commissioner-None
Commissioner-None
Secretary
ORDINANCE NO. 16-1014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTERS
1 AND 2 OF THE TEMPLE CITY MUNICIPAL CODE.
EXHIBIT A
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 City's zoning ordinance, found at 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 lime to lime 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 ordinance.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
Words shown with a strikethrough shall be deleted from the existing Municipal Code.
Words shown with an underline shall be added to the Municipal Code. Words without underlines
or strikethrough shall not be modified and are provided for reference purposes only.
SECTION 1: Section 9-1A-9 of the TCMC, is hereby amended to read in part as follows:
DEMOLITION: The destruction or removal of a building or portion of a building. For purposes of
determining whether a structure has been demolished, roof framing (not including sheathing)
shall constitute 20 percent of the structure's square footage; wall framing (not including interior
or exterior finishes such as drywall, lath, plaster, and siding) shall constitute 60 percent of the
structure's square footage; floor framing (not including sheathing or slab) shall constitute 10
percent of the structure's square footage; and the foundation or footings shall constitute 10
percent of the structure's square footage. In cases where a structure is built as a "slab on
grade" as opposed to a raised foundation, the slab and the footings together shall be equivalent
to 20 percent of the structure's square footage, the wall framing shall constitute 60 percent, and
the roof shall constitute 20 percent, Wall demolition shall be calculated as the horizontal
distance for the full height of the wall: vertical distances or portions of walls are not considered.
A. When an existing window or door is being replaced with a new window or door of the
same size and the surrounding framing members are not being replaced the area shall
not be counted as a demolition.
B. When an existing window or door is being replaced with a new window or door that is
smaller than the existing openina. one new stud is being installed, and the existing
Ordinance No. 16-1014
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header and sill are being cut down to size. the portion of the wall between the new
window or door and the old stud shall be counted as demolition.
C. When an existing window or door is being replaced with a new window or door that is
smaller than the existing opening and new studs. headers. and a sill are being installed
the entire opening shall be counted as demolition.
D. When an existing window or door is being replaced with a new window or door that is
larger than the existing opening the entire opening shall be counted as demolition.
E. When a new door or window is installed or any new opening is created or enlarged
within an existing wall the entire opening shall be counted as demolition.
F. When an existing window or door is removed or filled in within an existing wall and the
existing studs. header. and sill will remain in the place the area shall not be counted as
demolition.
G. When the area between a door's header and the top plate is removed. creating an
opening from the floor to the top plate, the area shall be counted as demolition.
H. When the area of a wall between the top plate and the floor plate is removed, the area
shall be counted as demolition.
I. When a ceiling is raised by increasing the height of the header and sistering (The act of
providing additional structural support to a stud, joist, or other framing member by
attaching a similarly sized framing member) the existing studs with newer studs, that
area shall be calculated as demolition.
J. When a floor joist, ceiling joist, rafter, stud, or similar framing member is involuntarily
damaged, it may be sistered with a new framing member without being calculated as a
demolition.
FLOOR AREA RATIO: The total gross floor area included within the surrounding exterior walls of
a building(s) or portion thereof divided by the gross area of the lot, prior to any required
dedications. In calculating floor area ratio (FAR), the exterior walls shall be counted as gross
square footage. For residential uses (not mixed use or commercial). the floor area shall be
counted twice for any portion of the dwelling where the distance between the floor and the ceiling
directly above exceeds twelve feet ( 12') GF and in instances where the height of a single-story
structure or single-story portion of a two-story structure exceeds eighteen feet (18'). In the R 1
zone the floor area ratio limitations shall aflfliY only to the total living area of any two story dwelling
or single story dwelling in excess of eighteen feet (1 8') in height; floor area limitations shall not
apfliY to attached or detached garages or single story accessory buildings not intended fer human
habitation. For single-family structures and in the R-1 zone, the floor area ratio limitations shall
apply to:
A. The living area of any two-storv dwelling or single-storv dwelling in excess of eighteen feet
(18') in height.
B. Accessorv structures not including required parking, but including garages in excess of
Code requirements. guest houses, pool houses, playrooms, second unit housing, and the
like.
C. Patios, porches, entrvways, or the like (recessed or projecting) on the side or rear of
structures that are more than 50 percent covered or greater than 20 percent enclosed.
1. In instances where a portion of a patio, porch, entrvway, or the like is open to the sky
and an adjoining area is covered, the two areas shall be calculated independently, not
average.
2. The area underneath a second floor overhang shall be counted toward floor area,
when the overhang is greater than four feet in depth or 25 square feet.
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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. Exterior 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.
D. Projecting balconies that are enclosed with a wall or parapet wall (railings are not
considered a walll.
E. Recessed balconies that are more than 50 percent covered.
F. All balconies larger than 25 square feet in size. even if not counted or enclosed.
In the R-2 and R-3 zones, floor area ratio limitations shall apply to all structures on a lot including
enclosed garages and accessory buildings.
NATURAL GRADE: The grade at the time of an application being filed or the grade before being
altered by artificial means such as cut, fill, landscaping, or berming
SECTION 2: Section 9-1 F-42 of the TCMC is hereby amended to read in full as follows:
9-1F-42: MODIFICATION:
Any condition imposed upon the granting of a variance or conditional use permit including
special use permits and zone exceptions granted prior to the incorporation of the city, may be
modified or eliminated, or new conditions may be added, provided that the granting body shall
first conduct public hearings thereon, in the same manner as required for the granting of the
same. No such modification shall be made unless the commission or council finds that such
modification is necessary to protect the public interest. (In case of deletion of such a condition,
that such action is necessary to permit reasonable operation under the variance or conditional
use permit.) Modification proceedings relating to permits or exceptions granted by the county
prior to incorporation of or annexation to the city, shall be processed by the commission.
All commission determinations regarding modification proceedings shall be subject to an appeal
as set forth in section 9-1 F-26 of this article, except the filing and processing fee shall be ifl.-tRe
amount of twenty five dollars ($25.00) that specified by the most recent fee resolution adopted
by City Council.
SECTION 3: Section 9-1 H-5 of the TCMC is hereby amended to read in full as follows:
Any person dissatisfied with the decision of the community development director or his/her
designee may appeal the decision of the community development director to the planning
commission. asl< for a review ey tho planning commission with respect there to, at no cost. The
decision of the planning commission may be appealed to the city council whose decision shall
be final.
Ordinance No. 16-1014
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SECTION 4: Section 9-1 J-2 of the TCMC is hereby amended to add the use of "Billiard Hall" to
the "Use" column and to require seven parking spaces per 1,000 square feet of gross floor area to
the "Number of Off Street Parking Spaces Required" column.
SECTION 5: Section 9-1 J-7 of the TCMC is hereby amended to read in full as follows:
B. Access Driveways: Driveways serving parking areas for less than six (6) vehicles shall be a
minimum of ten feet (10') wide .
.1 All driveways serving parking areas for six (6) or more vehicles shall be a minimum twelve
feet (12') wide. Where both egress and ingress are provided on a single driveway, the
minimum width shall be sixteen feet (16'). Parking areas for thirty (30) or more vehicles
shall be provided with separate driveways for egress and ingress, each of which shall be
not less than twelve feet (12') in width.
2. Any driveway which is over one hundred twenty five feet (125') in length shall be not less
than fifteen feet (15') in width.
;t, Joint use driveways used in combination with abutting properties shall be allowed when
proper easements or agreements, approved as to form by the city attorney, have been
executed and filed with the city.
4. All parking areas for five (a) six (6) or more vehicles shall be designed to allow forward
motion only, of all vehicles entering a street, unless the access drive is a minimum of
eighteen feet (18') in width.
§, Notwithstanding any other provision hereof, no driveway shall exceed a total distance of
three hundred feet (300') from a street to the parking area served.
6. All driveways shall be maintained with a vertical clearance of not less than thirteen feet
(13') provided that an encroachment by eaves of not exceeding thirty inches (30") shall be
permitted.
7. Utility meters, trash receptacles, power poles, exterior plumbing and other similar facilities
are expressly prohibited within driveway areas.
8. R-1 zoned properties or properties with single family uses along Temple City Boulevard,
Rosemead Boulevard, Baldwin Avenue, Santa Anita Avenue, streets where the posted
maximum speed limit is 35 miles per hour or greater, or other locations as determined by
the Community Development Director, where the existing garage and driveway location
makes it infeasible for a vehicle to enter the street in a forward facing direction may
provide a turnaround area of no more than 9 feet in width and 12 feet in depth.
a. The paving in the turnaround area shall be decorative concrete pavers, turfblock, or
similarly high gualitv options approved by the Community Development Director.
b. This turnaround area shall not be used for vehicular parking.
c. The turnaround area shall not be combined with walkways is such a manner as to allow
for the creation of a parking space sized area in the front yard.
d. Properties where new development is proposing a garage in the rear shall provide a
turnaround area in the rear portion of the lot to limit the amount of paving in the front yard.
SECTION 6: Section 9-1 J-7 of the TCMC is hereby amended to read in part as follows:
0. Residential Backup Space: The back up space for single-family uses shall be a function of
the width of the garage door opening. The backup dimension shall comply with the
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Covered porches and patio covers on the side or rear of structures. including those with a
roof or semi-open roof. shall not be more than 12 feet in height. measured from natural
grade to the top of the structure.
SECTION 9: Section 9-1 M-12 of the TCMC is hereby amended to read in part as follows:
I. Maximum Floor Area Requirements:
1. Any two-story single-family dwelling or single-story dwelling with a height of more than
eighteen feet (18') shall not exceed a floor area ratio (FAR) of 0.35 to a maximum allowable
floor area of three thousand five hundred (3,500) square feet, plus up to four hundred (400)
net square feet for an attached two (2) car garage or up to six hundred (600) net square
feet for an attached three (3) car garage; provided, however, the maximum permitted floor
area ratio may be increased by incentive bonuses as referenced in section 9-1M-15 of this
article. ginEJie story detached accessory buildin€)s net inten9e9 for human habitation shall
not be counted in the total floor area for purposes of determinin€) floor area ratio. However,
a conditional use permit shall be obtained for any accessory buildin€) in mwess of five
hundred (1300) square feet.
2. No two-story dwelling or single-story dwelling with a height of more than eighteen feet
(18') shall exceed a maximum permitted size of three thousand five hundred (3,500) square
feet of living area, excluding up to four hundred (400) net square feet for an attached two
(2) car garage or up to six hundred (600) net square feet for an attached three (3) car
garage; provided, however, the maximum permitted dwelling size may be increased by
incentive bonuses as referenced in section 9-1 M-15 of this article. ginEJie story detached
accessory buildinEJs not intended for f1uman habitation shall not be counted in the total floor
area. However, a conditional use permit shall be obtained for any accessory buildin€) in
mmess of five hundred (1300) square feet.
3. The second story of any two-story single-family dwelling shall not exceed seventy five
percent (75%) of the total floor area of the first floor, including attached garages.
SECTION 10: Section 9-1 M-12 of the TCMC is hereby amended to read in part as follows:
L. Laundrv Facilities and Water Heaters: All washing machines and drvers shall be located within
the main structure or accessorv structure (in cases where a conditional use permit is approved).
Additions or remodels adjacent to an existing external water heater shall relocate the water heater
within the structure. New structures shall locate the water heater within the structure.
SECTION11: Section 9-1 M-15 of the TCMC is hereby amended to read in part as follows:
a. Entryways Or Covered Porches: Covered front entryways or covered porches shall not be
included within the building envelope for purposes of calculating the maximum permitted
square footage. However, the maximum permitted height of any such entryway or porch shall
be fourteen feet (14'). measured from natural grade to the top of the entrvway's or porch's
Ordinance No. 16-1014
Page 9 of 13
ridge or parapet wall. Further, the distance between the ceiling of the porch roof or entryway
cover and the floor below shall not exceed twelve feet (12').
SECTION 12: Section 9-1M-15 of the TCMC, Table A, is hereby amended as demonstrated
below. The remaining rows of Table A shall not be deleted or modified:
TABLE A
INCENTIVES
I Elements II Definition
Front A front, single-story, roofed, recessed portion
porch of a building that shelters an entrance or
serves as a semi-enclosed space; generally
open on J at least 2 sides and located
behind the front setback. The porch shall be
enclosed with railings and open spindles
which are visible from the street, such as
with a "farmhouse porch".
I Minimum/Maximum Bonus
Incentive' . Size Requirements
6 feet minimum 0.03 FAR
depth
15 feet minimum
length
14 feet maximum
height
SECTION 13: Section 9-2-12 of the TCMC is hereby amended to read in full as follows:
With respect to any subdivision, lot split or other division of land contemplated by the act or this
chapter, as to which certain improvements are required pursuant to said act or this chapter, and
the said improvements are not constructed and installed in accordance with the city's standards
therefor, as of the time of submission of a final map for approval, the city council, in its discretion,
may act in the following manner.
A. The city council may execute an agreement with the subdivider or other qualified person,
providing for the construction of such improvements; provided that any such agreement
shall contain provisions concerning security for the construction of such improvements.
Such security shall consist of the type described in subdivision (a), (b) or (c) of section
66499 of the act whichever may be authorized by the city council. The amount of such
security shall be set in accordance with section 66499.3 et seq., of said act.
B. The city council may determine that an agreement with security attached is unnecessary
given the extent of the public improvements required and may approve the final map with
direction to city staff to withhold a certificate of occupancy and not send a release to the
natural gas utility provider until the required public improvements are completed.
SECTION 14: Section 9-2-17 of the TCMC is hereby amended to read in full as follows:
The provisions of this section shall apply to the processing of lot consolidations.
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Page 10of13
A. Authority: The community development director f3laAAiAg oommissioA shall have the
authority to grant lot consolidations that conform to this code upon filing such consolidation
of record.
B. Notice of APPlication Submittal: Notice that the application has been submitted shall be
mailed to the owners of properties within 100 feet as shown on the latest equalized
assessment roll of the county of Los Angeles. or from other records of the assessor or
county tax collector which contain more recent and accurate addresses by United States
mail. postage prepaid. Notices shall contain a description of the location. a brief
description of the proposal, the deadline to submit comments. the date the director is
scheduled to make a decision. and information about when and how an appeal may be
filed.
C. Comment Period: Written comments received by the director during this period shall be
considered as part of the staff review. The comment period shall be 10 days from the
date notice is provided.
D. Appeal Authority: Decisions of the director may be aPPealed to the planning
commission. Decisions by the commission may be appealed to the city council.
E. Appeal Initiation. Filing. Content: Appeals may be initiated by an applicant. any resident
of the city. or any person owning real property in the city aggrieved by a decision of the
director. A notice of appeal shall be in writing and shall be filed in the office of the city
clerk upon forms provided by the city. An appeal from decision. determination. or
interpretation of the director in the administration of the provisions of this article must set
forth specifically the error or abuse of discretion claimed by the appellant or how an
application did meet or fail to meet. as the case may be. the standards of this article.
F. Appeal Hearing And Notice: Once filed. the appeal shall be held before the planning
commission at their next meeting where the noticing requirements can be met. Appeal
hearings shall be noticed in accordance with section 9-2-17-B of this chapter.
G. Commission Decision: On an aPPeal from a decision of the director. the planning
commission shall consider the matter at a public hearing and may affirm. reverse or
modifv the decision of the director. If the applicant or any other party as defined in
subsection E of this section is dissatisfied with the decision of the commission. they may
within a fifteen (15) day time period. appeal the same to the council. in the same manner
as an appeal is taken from the decision of the director. An appeal to the council shall be
filed with the city clerk.
SECTION 15: Section 9-2-18 of the TCMC is hereby amended to read in full as follows:
The provisions of this section shall apply to the processing of lot line adjustments.
A. Final Map Not Required: Notwithstanding any other provision of this chapter, the filing of a
final parcel map shall not be required, ami
Ordinance No. 16-1014
Page 11 of 13
B. New Construction Park Fees: The provisions of sections 9-5-3 and 9-5-4 of this title shall
be inapplicable. in any ease where, fellowing referral of s~sh rnalter frorn !he planning
Elireslor, !he planning eornrnission finEis anEI Elelerrnines as fellows:
C. Notice of Application Submittal: Notice that the application has been submitted shall be
mailed to the owners of properties within 1 00 feet as shown on the latest equalized
assessment roll of the county of Los Angeles, or from other records of the assessor or
county tax collector which contain more recent and accurate addresses by United States
mail, postage prepaid. Notices shall contain a description of the location, a brief
description of the proposal, the deadline to submit comments, the date the director is
scheduled to make a decision, and information about when and how an appeal may be
filed.
D. Comment Period: Written comments received by the director during this period shall be
considered as part of the staff review. The comment period shall be 1 0 days from the
date notice is provided.
E. Findings. A lot line adjustment shall be approved upon making the following findings:
1. That the proposed division of land will not result in the creation of any new lots or the
reorientation of any existing lots;
2. That no public improvements or dedications are necessary to properly service the lots
involved; and
3. That the lots involved will conform in all respects to the requirements of this code.
H. Appeal Authority: Decisions of the director may be appealed to the planning
commission. Decisions by the commission may be appealed to the city council.
I. Appeal Initiation, Filing, Content: Appeals may be initiated by an applicant. any resident
of the city, or any person owning real property in the city aggrieved by a decision of the
director. A notice of appeal shall be in writing and shall be filed in the office of the city
clerk upon forms provided by the city. An appeal from decision, determination, or
interpretation of the director in the administration of the provisions of this article must set
forth specifically the error or abuse of discretion claimed by the appellant or how an
application did meet or fail to meet, as the case may be, the standards of this article.
J. Appeal Hearing and Notice: Once filed, the appeal shall be held before the planning
commission at their next meeting where the noticing requirements can be met. Appeal
hearings shall be noticed in accordance with section 9-2-18-C of this chapter.
K. Commission Decision: On an appeal from a decision of the director, the planning
commission shall consider the matter at a public hearing and may affirm, reverse or
modify the decision of the director. If the applicant or any other party as defined in
subsection E of this section is dissatisfied with the decision of the commission, they may
within a fifteen (15) day time period, appeal the same to the council, in the same manner
Ordinance No. 16-1014
Page 12of13
as an appeal is taken from the decision of the director. An appeal to the council shall be
filed with the city clerk.
SECTION 16: The City Council hereby 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 shall not affect the validity of
the remaining section or portions of the Ordinance or part thereof. The City Council hereby
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 17: 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
15305 pertaining to minor alterations to land use limitations and Section 15061(b)(3) because it
can be seen with certainty that the Ordinance has no possibility of a significant effect on the
environment.
SECTION 18: 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 71h day of June, 2016.
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric S. Vail, City Attorney
Ordinance No. 16-1014
Page 13 of 13
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 16-1014 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 17'" day of May, 2016, and was duly passed, approved and adopted by
said Council at the regular meeting held on the 7'" day of June, 2016, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Peggy Kuo, City Clerk