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Home My Public Portal About09) 7E Second Reading and adoption of Ord. 16-1014 Series 1 Code AmendmentsDATE: TO: FROM: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM June 7, 2016 The Honorable City Council Bryan Cook, City Manager Via: Michael D. Forbes, Community Development Director ~ By: Scott Reimers, Planning Manager AGENDA ITEM 7.E. SECOND READING AND ADOPTION OF ORDINANCE NO. 16-1014 AMENDING TITLE 9, CHAPTER 1 AND 2 OF THE TEMPLE CITY MUNICIPAL CODE (SERIES 1 CODE AMENDMENTS) RECOMMENDATION: The City Cou ncil is requested to adopt and waive further reading of Ordinance No. 16- 1014 (Attachment "A") amending Title 9, Chapter 1 and 2 of the Temple City Municipal Code (Series 1 Code Amendments). BACKGROUND: On May 17, 2016, the City Council introduced Ordinance No. 16-1014 for first reading, by title only, amending Title 9, Chapter 1 and 2 of the Temple City Municipal Code (Series 1 Code Amendments). The City Counci l amended the proposed definition for Floor Area Ratio by removing sections D, E, and F; this amendment will result in balconies not being included in the ca lculation of Floor Area Ratio. 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: the definition of demolition and floor area, paving in the front yard so th at vehicles can exit in a forward facing direction , fence heights near driveways on corner City Council June 7, 2016 Page 2 of 2 lots, regulations on porches and patios, the location of new laundry facilities, and the procedure for lot line adjustments and lot consolidations. On May 17, 2016, the City Council expressed concern about provisions in the proposed Ordinance that would include some balconies in the calculation of floor area ratio. Recognizing that balcon ies assist in reducing a building's mass and bulk, the City Council directed staff to modify the proposed Ordinance so that balconies would not be included in the calculation of floor area ratio. Consequently, sections D, E, and F of the definition of floor area ratio have been deleted. CITY STRATEGIC GOALS: The proposed Ordinance furthers the City's Strategic Goals of Good Governance by updating the Municipal Code to reflect current legislation and case law, best practices, and the community's values. FISCAL IMPACT: This item does not have an impact on the Fiscal Year 2015-2016 City Budget. Applicants are required to pay fees to cover City costs for reviewing applications and preparing reports. Costs associated with the hiring of consultants to demonstrate compliance with Federal regulations will be passed along to applicants. ATTACHMENTS: A. Ordinance No . 16-1014 B. City Council staff report from May 17, 2016 ATTACHMENT A m ORDINANCE NO. 16 -1014 ~~~ ATTACHMENT A ORDI NANC E NO. 16-1 014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTERS 1 AN D 2 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 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 on ly. SECTION 1: Section 9-1A-9 of the TCMC, is hereby amended to read in part as foll ows: 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 fin ishes 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 1 0 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 wa ll framing shall constitute 60 percent. and the roof shall constitute 20 percent. Wall demolition shall be calculated as the horizontal distance for the ful l 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 openinq , one new stud is being installed. and the existing ~-----------------------~--- Ordinance No. 16-1 014 Page 2 of 14 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 (1 8'). In the R 1 zone the floor area ratio limitations shall apply only to the total living area of any two story dv1elling or single story dwelling in excess of eighteen feet (18') in height; floor area limitations shall not apply to attached or detached garages or single story accessory buildings not intended 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-story dwelling or single-story dwelling in excess of eighteen feet (1 8') 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, entryways, 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, entryway, or the like is open to the sky and an adjoining area is covered, the two areas shall be calculated independently, not averaged. 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 14 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 mosguito netting tied back so that it does not provide a visual or physical separation shall not be considered as providing an enclosure. 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: 9-1 F-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 counci l 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 ~ amount of twenty five dollars ($25.00) that specified by the most recent fee resolution adopted by City Council. SECTI ON 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 revimv 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. SECTION 4: Section 9-1J-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 TC MC is hereby amended to read in full as follows: Ordinance No. 16-1014 Page 4 of 14 B. Access Driveways : Driveways serving parki ng areas for less than six (6) vehicles shall be a minimum of ten feet (1 0') 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 th irty (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 . 3. 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 lim it 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 9 feet in width, 12 feet in depth, and with 4 foot right triangles adjacent to the turnaround area and the driveway (see diagram below). 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. Ordinance No. 16-1014 Page 5 of 14 Turnaround Area Diagram -·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·! " / / ,9' max. / x / "' E r.. .-< / Driveway L·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·j 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 requirements in the following table (Minimum Backup Dimension and Garage Door Width). For the purposes of this Section, garage-door width shall be defined as the clear opening between structural elements. The measurement for back up space shall follow the Minimum Backup Dimension and Garage Door Diagram. The back up space for a single-family use may protrude into the sidewalk and parkway portions of the public right of way, but not the street. Minimum Backup Dimension and Garage Door Width Table 19 10 18 9 16 8 Minimum Backup Dimension (Feet) 20 22 24 28 Ordinance No. 16-1014 Page 6 of 14 Minimum Backup Dimension and Garage Door Diagram c 0 Vl c <lJ E c.. ::J ~ u cu co E :::l E c ~ GARAGE Minimum Backup Dimension Garage Door Width -----·--- DRIVEWAY :·1 } ;; No building to STRUCTURE SECTION 7: Section 9-1 K-6 of the TCMC is hereby amended to read in full as follows. A wall, fence, or security gate not more than six feet (6') in height may be located and maintained on any part of an R zoned lot except those areas comprising the front yard and, along a corner side yard, the driveway visibility area. In front yards (the area between the front of the house and the front lot line), the maximum height of a wall, fence or hedge shall be limited to a maximum of thirty six inches (36") when view obscuring or a maxi mum of forty two inches (42") when nonview Ordinance No. 16-1014 Page 7 of 14 obscuring obstructing. No security gate, regardless of height, shall be permitted when said security gate blocks vehicular access to a multiple-family residential project which has or will have required guest parking. In the driveway visibility area, which only applies to driveways in a corner side yard , the maximum height of a wall, fence or hedge shall be 36 inches. The driveway visibility area is the triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line (see the Driveway Visibility Area Diagram, below). The driveway visibility area shall not apply to garages taking access from an alley. Driveway Visibility Area Diagram Driveway Visibility Area: The maximum height shall be 36 inches ••••••••••••••• 0 •••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • 0 ••••••••••••• ' ••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • 0 ••••••••••••••••••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' ........... . . . . . . . . . . . . . . . . . . .......................... . . . . . . . ' ........... . . . . . ' ............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • • • ' •••• 0 .......................... ' ....... ' ........ ' .. . . . . . . . . . . . ....... . . . . . . . . ' ............ . • • • • • • • • • • • • • • • ' •• y ••• Driveway .. -• -• ~~~-~--J.~~-• -· -• -• -• -• -• -• -Property line Sidewalk 11 1\ Parkway ,------------------------------------ Ordinance No. 16-1014 Page 8 of 14 In cases where a garage is located in the front of the property and the garage door is perpendicular to the street any fence crossing the driveway shall be limited to a maxi mum of thirty six inches (36") when view obscuring or a maximum of forty two inches (42") when non-view obscuring (see the Fences Perpendicular to Driveways Diagram, below). Fences Perpendicular to Driveways Diagram ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • •• • ••••••• 0 ••••••• . . . . . . . . . . . . ::-:-: .;. ·>-: ·> .;. ;.·.;.· . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · .. · ....... . ::· ::-:: .::· ;:: :.· ::=-:: :;: =-:·::· :·: :·: :~!98 ~~( ::: :;;:::::~::-::::::,.:::/ ::: . . . . . . . . . . . . . . . . ..... · ................. . . . . . . . . . . . . . . . . . . . . • • • • • • • 0 •••••••••• ' •••••••• . ................ . ;. : : . . : : : .. : : .. : : ;. : : : : : ;. . : : .; : : : -: : :-: : : : : : . : : : . : : : : : . ~ : : . : : : -: : .. : : : . : . : : : : -:: :':. ::. ::: ::=.::-:::::: ;:·:::: <· ::· ::=:;:-:;:-::::::-:::: :;: :::.;:· . . . .· ............. · ...... · .. :. . . .... . : : . . : . . . .. ;. . ;. .. : ' -: ... : . : : : .. -: . -: . : :-.. : ... : . . . . . . . : . :: : : : ~ : : :: Driveway . . .... · .. · .. · .. · .. · ..... ~-··················~······: ::>:=-:=:·:::::::·:::·::·::::-::·;::· :> ! Maximum fence height ! of thirty six inches when I . b . f j v1ew o scunng or orty j two inches when nonview obscuring I I I L ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·1 SECTION 8: Section 9-1M-1 2 of the TCMC is hereby amended to read in part as follows E. Height Limits: No lot or parcel of land in zone R-1 shall have a building or structure in excess of twenty six feet (26') in height; such height shall be measured from the natural grade to the highest point of construction. In the front thirty feet (30') of the lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property li ne. Ordinance No. 16-1014 Page 9 of 14 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 9-1 M-15 of this article. Single story detached accessory buildings not intended for human habitation shall not be counted in the total floor area for purposes of determining floor area ratio. Hovvever, a conditional use permit shall be obtained for any accessory building in excess of five hundred (500) 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. Single story detached accessory buildings not intended for human habitation shall not be counted in the total floor area. However, a conditional use permit shall be obtained for any accessory building in excess of 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 9-1M-12 of the TCMC is hereby amended to read in part as follows: L. Laundry Facilities and Water Heaters: All washing machines and dryers shall be located within the main structure or accessory structure (in cases where a conditional use permit is approved). New structures shall locate the water heater within the structure; this regulation shall not apply to tankless water heaters. 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 10 of 14 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 [Elements II I Minimum/Maximum Bonus II Definition lncentive1 Size Requirements I Front II A front, single-story, roofed, recessed portion 6 feet minimum 0.03 FAR porch of a building that shelters an entrance or depth serves as a semi-enclosed space; generally 15 feet minimum open on ~ at least 2 sides and located length behind the front setback. The porch shall be 14 feet maximum L enclosed with railings and open spindles height which are visible from the street, such as II with a "farmhouse porch". 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. Ordinance No. 16-1014 Page 11 of 14 A Authority: The community development director planning commiSSion 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 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 9-2-1 8 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 12 of 14 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, follmving referral of such matter from the planning director, the planning commission finds and determines as follows: 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: 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 I 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. 16-1 014 Page 13 of 14 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 th is 7th 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 14 of 14 I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 16-1014 was introduced at the regu lar meeting of the City Council of the City of Temple City held on the 17th day of May, 2016 , and was duly passed, approved and adopted by said Council at the regular meeting held on the 7th day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Peggy Kuo, City Clerk ATTACHMENT B m CITY COUNCIL STAFF REPORT-MAY 17, 2016 ~~~ AGENDA ITEM 8.8. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: May 17, 2016 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via: Michael D. Forbes, Community Development Director~ By: Scott Reimers, Planning Manager SUBJECT: INTRODUCTION A ND FIRST READING OF ORDINANCE NO. 16-1014 AMENDING TITLE 9, CHAPTER 1 AND 2 OF THE TEMPLE CITY MUNICIPAL CODE (SERIES 1 CODE AMENDMENTS) RECOMMENDATION: The City Council is requested to: 1. Introduce for first read ing by title only and waive further reading of Ordinance No. 16-1014 (Attachment "A"), amending Title 9, Chapter 1 and 2 of the Temple City Municipal Code (TCMC) (Series 1 Code Amendments); and 2. Schedule the second reading of Ordinance No. 16-1014 for June 7, 2016. BACKGROUND: 1. On April 12, 2016, the Planning Commission reviewed the proposed Series 1 Code Amendments. The Planning Commission staff report (Attachment "B") provides information about the need and rationale for the proposed amendments. The Planning Commission recommended that the City Coun cil adopt Ordinance 16- 1014. 2. On May 4, 2016, the notice of the public hearing was published in the newspaper. ------------------ City 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 N0 .16-1014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTERS I 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 ord inance 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 th e 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 opening , one new stud is being installed. and the existing Ordinance No. 16-1014 Page 2 of 13 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. 1. When a ceiling is raised by increasing the height of the header and sistering IThe 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 fram ing 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') 9f 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 a~J*y-enly to the total living area of any t\vo story d•Nolling or single stol)• dwelling in excess of eighteen feet (18') in height; floor area limitations shall not apply to attached or detached garages-er-siflgle-story accessory buildings not intended 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-story 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. entryway, 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 fi led 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.-#le ameoot of tweAty five deUaFS-f$2&.-00)--!Bat 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-fur a review by the-plaflniflg-oomm+ssion 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. 16-1 014 Page 4 of 13 SECTION 4: Section 9-1J-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 9-1J-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 (1 0') 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. 1. 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 fi led with the city. 4. All parking areas for f~ 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 provi sion hereof, no driveway shall exceed a total distance of three hundred feet (300') from a street to the parking area served. §.,_ All driveways shall be maintained with a vertical clearance of not less than thirteen feet (1 3') provided that an encroachment by eaves of not exceeding thirty inches (30") shall be permitted. L. 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 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 Page 5 of 13 requirements in the following table (Minimum Backup Dimension and Garage Door Width). For the purposes of this Section. garage-door width shall be defined as the clear opening between structural elements. The measurement for back up space shall follow the Minimum Backup Dimension and Garage Door Diagram. The back up space for a single-family use may protrude into the sidewalk and parkway portions of the public right of way, but not the street. Minimum Backup Dimension and Garage Door Width Table Minimum Garage Door Width (Feet) Minimum Backup 2 Soaces 1 Soace DimensionJFeet} 20 12 20 19 10 22 18 9 24 16 8 28 Minimum Backup Dimension and Garage Door Diagram c: 0 'Vi c: Ql E 0 0. ~ u <U dl E :::J E c: ~ Minimum Ga GARAGE Dimension Door Width No building to encroach into the back up area. STRUCTURE Ordinance No. 16-1014 Page 6 of 13 SECTION 7: Section 9-1 K-6 of the TCMC is hereby amended to read in full as follows: A wall, fence, or security gate not more than six feet (6') in height may be located and maintained on any part of an R zoned lot except those areas comprising the front yard and the driveway visibility area. In front yards (the area between the front of the house and the front lot line), the maximum height of a wall, fence or hedge shall be limited to a maximum of thirty six inches (36") when view obscuring or a maximum of forty two inches (42") when nonview obscuring oostrustffi§. No security gate, regardless of height, shall be permitted when said security gate blocks vehicular access to a multiple-family residential project which has or will have required guest parking. In the driveway visibility area. the maximum height shall be 36 inches. The driveway visibility area is the triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line (see the Driveway Visibility Area Diagram. below). The driveway visibility area shall not apply to garages taking access from an alley. Driveway Visibility Area Diagram Driveway Visibility . . . . ... • • • • • • • • 0 •••• 0 ••••••••••• . . . . . . . . . . ' .. •••• 0 •• . . ' .... ' .. ' . • • • • • • • • • • • 0 ••••••• . ..... ' ......... . :::: .~:ar~8~.:.: :::.:::.::::::: . . . . .... - ••••••••••• 0 •••••• • • • • • 0 •••••••••• 0 0 •••••••• 0 0 •••••••••••••• • • • • • • • • • • • • • • • • • 0 •••••• . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • 0 ••••••••••••• • • • • • • 0 •• 0 0 0 ••••• . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • 0 • . . . . . . . . . . . . . . . . . . • • • • • • • • • • 0 ••••••••••••• • • • • • • • • 0 .............. . • • • • • • • 0 •••••• . . . . '0 ••••••••••••••••••••••• Area: The Driveway maximum height shall be 36 inches !0 -I -I --&-~~-~~..~-..-I -I -I -O -0 -0 -I -I -Property Line Sidewalk 11 t\ Parkway Ordinance No. 16-1014 Page7of13 In cases where a garage is located in the front of the property and the garage door is perpendicular to the street any fence crossing the driveway shall be limited to a maximum of thirty six inches (36") when view obscuring or a maxi mum of forty two inches (42") when non-view obscuring (see the Fences Perpendicular to Driveways Diagram. below). Fences Perpendicular to Driveways Diagram ·-·-·-·--·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· I Driveway ~··········:·~·~:~ •• ~: -~.'~:··:···~, . Maxlm~m ~en~~ :~eight ! · ~ · · ' of thirty six inches when I . · i ·-. ·.' view obscuring or forty two inches w hen 1 nonview obscuring ! -· L . _______ : ____________________________________ l SECTION 8: Section 9-1M-12 of the TCMC is hereby amended to read in part as follows: E. Height Limits: No lot or parcel of land in zone R-1 shall have a building or structure in excess of twenty six feet (26') in height; such height shall be measured from the natural grade to the highest point of construction. In the front thirty feet (30') of the lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property line. Ordinance No. 16-1014 Page 8 of 13 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 9-1M-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 (1 8') 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 perm itted floor area ratio may be increased by incentive bonuses as referenced in section 9-1 M-15 of this article. Single story detached accessory buildings not intended for human habitation shall nGt--be-GGUAted in the total-4loor-area-fG~urposes of determining-floor area ratio. However, a conditional use permit shall be obtained for any accessery-Guilding in excess of fi¥e hundred (500) 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 9-1M-15 of this article. Single story detached accessory buildings not intended for human habitation shall not be counted in the total floor area. Ho•never, a conditiGM4-use permit shall be obtained for any accessory building in excess of 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. Laundry Facilities and Water Heaters: All washing machines and dryers shall be located within the main structure or accessory 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 (1 4'), 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 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 3 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 lncentive1 . S1ze 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: 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 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 fu ll as follows: The provisions of this section shall apply to the processing of lot consolidations. Ordinance No. 16-1014 Page 10 of 13 A Authority: The community development director ~Ag commtSSIGA 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. Aooeal 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 decis ion. 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 with in 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 citv 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~ aA6 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. ~n-aA-y--sase-where, follm~Jing referral of such matter from the planning director, the planning commission finds and determines as follo•Ns: 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 find ings: 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 dire ctor may be appealed to the pl anning 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 ih 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 1th day of May, 2016, and was duly passed, approved and adopted by said Council at the regular meeting held on the 7th day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Peggy Kuo, City Clerk ATTACHMENT B m PLANNING COMMISSION STAFF REPORT • April12, 2016 Item: 7C City of Temple City Planning Commission Staff Report FILE: 16-46 ADDRESS: Citywide DESCRIPTION: Series 1 Code Amendments of Title 9 (Zoning Regulations), Chapter 1 (Zoning Code) and Chapter 2 (Subdivision Regulations) APPLICANT: City ofT emple City (staff-initiated) PROJECT PLANNER: Scott Reimers, Planning Manager ENVIRONMENTAL REVIEW: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations in Land Use Limitations) and 15061(b)(3) of the California CEQA Guidelines. RECOMMENDATION: Adopt the attached Resolution recommending that the City Council adopt the proposed ordinance SUMMARY: From time to time as staff administers Title 9 (Zoning Regulations) of the Temple City Municipal Code, staff identifies 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 "Se ries 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: • The definition of floor area ratio • Adding billiard halls to the off-street parking requirement table • Allowing a minimal amount of paving in the front yard so vehicles can exit in a forward facing direction on certain streets • Adding a standard vehicle back up dimension for single-family residences • Limiting the height of fences near driveways on corner lots to maintain visibility • Establishing a maximum height for porches and patios in the side and rear yard • Requiring laundry facilities and water heaters to be located inside of structures • Clearing up ambiguity regarding the floor area incentive for front porches in the R-1 Zone • Modifying the Subdivision Code to modify rules regarding the Subdivision Improvement Agreement, lot consolidations, and lot line adjustments The existing Municipal Code can be found online at www.templecity.us/113/Municipai-Code. April 12, 2016 Planning Commission Meet1ng Staff Report -Item 7C File: 16-46 ANALYSIS: The following is a summary of the items proposed to be amended in Series 1 with a short explanation and analysis of the issues. A definition of "Demolition" has been added. The definition of floor area ratio (FAR) will now include the following items not previously included: • Any garage area that is in excess of the Code's required parking and all other accessory structures (workshops, playrooms, pool houses). • Porches and patios in the side and rear yard that are more than SO percent covered or are more than 20 percent enclosed. • Projecting balconies enclosed with a wall or parapet wall. • Recessed ba lconies with a roof that is more than 50 percent covered. • All balconies larger than 25 square feet. The req uired fee to appeal a decision to modify an entitlement will no longer be $/5. Instead it will be consistent with the City Counci l approved fee resolution for other appeals. The requ ired fee to appeal a decision by the Community Development Director will no longer be free. Instead it will be consistent with the City Council approved fee resolu tion for other appeals. The added definition conforms to the Zoning Code Interpretation prepared by staff and reviewed and approved by the Planning Commission and City Council FAR is a tool that is meant to address the mass of structures on a site. As such, all accessory structures should be included in FAR. Staff recommends continuing to exempt required garage parking from FAR; including garages in FAR would reduce the size of houses by 400- 600 square feet. Balconies can be an effective way to help break up an otherwise blocky structure. However, when these balconies are enclosed with walls, have a roof, or are of a significant size they can add to the mass of the structure and therefore should be included in FAR. An applicant can apply to modify an approved entitlement. If the Director or Planning Commission's decision is appealed, the fee should match the City Council approved fee resolution. An applicant can apply to appeal a decision made by the Community Development Director. The fee charged should match the City Council approved fee reso lution. Page 2 April12, 2016 Planning Commission Meeting Staff Report -Item 7C File: 16-46 Mul)ici al Code Section: 9-1J-2 ~~~~~~~~~~~~~~~~~~~=r~~~~==~---~ ~~~~~~=-~~ The use of MBilliard Hall " will be added to the required off street parking table and will require seven parking spaces per 1,000 square feet of gross floor area. !VIl\6h:i-~~·code .s~~tloJ:I:· ,_'-l~J -_.7_, -'--- Single-family uses and zoned properties with garages in the rea r and garage doors parallel to the street will be allowed to install a Mhammer head" within the front yard so as to allow vehicles to exit the site in a forward facing manner. This is only allowed on Temple City Boulevard, Rosemead Boulevard, Baldwin Avenue, Santa Anita Avenue, streets where the posted maximum speed limit is at least 35 miles per hour and other cases as allowed by the Director. The Code specifies a maximum size and the type of materials that can be used. The maximum height of a fence in the driveway visibility area would be 36 inches. A taller fence ca n be provided outside of this area. This area does not apply to driveways adjacent to alleys. Planning staff worked with the City's Engineer to determine typical parking demand per the Institute of Transportation Engineers. This resulted from a customer inquiry. Backing out on to streets that have a lot of traffic or where traffic moves quickly can be potentially dangerous. The proposed amendment will allow a limited amount of parking in the f ront yard to increase safety, while seeking to maintain as much landscaping as possible in the front yard. Parking in the front yard will continue to be illegal. The current Zoning Code does not include a standard for the vehicular ba ck-up dimension for single family uses. The proposed amendment would create an area-related to the width of the garage door -in which structures could not be located t hereby creating adequate back up space. Limiting the height of fences where driveways intersect with the public right of way will assist in reducing vehicl e conflicts with pedestrians and bicycles. 1---------------------;-------------j For houses where the garage is in the front and the garage door is perpendicu lar to the street, the maximum height of a fence crossing the driveway Planning staff has seen proposals to construct a six foot high fence across a driveway and in line with the front of the house. This gives the house a "com ound" like feel. The L_ __________________ _J_~~~~~~ Page 3 April 12, 2016 Planning Commission Meeting Staff Report -Item 7C File: 16-46 will be between 36 and 48 inches, depending on the design. 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. the total floor area for purposes of determining floor area ratio. I The following language will be removed--;;-H;;ever, a conditional use permit shall be obtained for any accessory building in excess of five hundred (500) square feet." purpose of this provision is to maintain the open aesthetic of Temple City's established neighborhoods. Maintaining a clear line of sight from the street to the front door is also a helpful reducing crime. The existing code does not have a maximum porch or patio cover height, which has led to some porches that are unusually tai L Accessory buildings should have a smaller scale than the main building. See Ordinance Section L Statements regard ing what is calculated in terms of f loor area will be consolidated and moved to the definitions section of the Zoning Code. The statement regarding the conditional use permit requ irement for accessory structures in excess of 500 square feet is already found in Section 9-lF-10. It is not good practice to repeat code sections as it makes revising the Code very difficult and it is possible for items to be forgotten. !,~ViuoJ<:ipal code~s~~ito'h;.~9.-1M-12 <L>. ~~~~'"'"". ~~ ·"----'--.--~"-'--"==""-----'----==~-'--~---"--1 All washing machines and dryers shall be located within the main structure or accessory structure (in cases where a conditional use permit is approved). Additions or remodels adjacent to an existing external water heater and new structures shall locate or relocate the water heater within the structure. ;,__ ______ --- There is currently nothing in the Code that requires laundry facilities to be located within a structure. Staff has seen cases where to maximize floor area, developers locate laundry facilities under patios. When work on the interior of a structure is occurring next to a water heater, it should be relocated or located to the interior of the structure. This change will reduce visual clutter and noise and improves a building's aesthetics. Page 4 April 12, 2016 Planning Commission Meeting Staff Report -Item 7C File: 16-46 Ordinance Section: ll.t · ,. ------------~--~~~~~~~~--~~~ Munici al Code S~ction:J-lM-15 (a) The Code limits entryways and front porches to 14 feet in height The Code will be revised to specify that height will be measured from natural grade; currently it does not state from where height should be measured. ,.Ordinance Section: 13f~-- The Subdivision Code requires the City Council to enter into an agreement with a developer when improvements proposed in a tentative map are not installed prior to the approval of the fina l map. This subdivision improvement agreement typically requ ires a bond or other security to be held by the City in case the project is abandoned so that t he public improvements are completed. The amendment would make the execution of an agreement optional when the extent of the public improvements make the collection of security unnecessary. In these cases new buildings could not be occupied and natural gas would not be turned on until the public improvements are installed. Measuring the height of porches from natural grade will be in conformance with how height is measured for all houses in the R-1 zone. The Code provides conflicting direction. It states that the porch should be generally open on three sides and yet it states that it should also be reces sed. Requiring a porch to be open on three sides results in porches that are projecting, not recessed. The draft guidelines and recommendations prepared by the City's consultant for t he design guidelines showed · an example photograph of a recessed porch open on two sides, not three. Therefore staff recommends modifying the language to read generally open on at least two sides. In cases where the public improvement is minimal, such as the installation of sidewalk or repairing the cu rb and gutter, Engineering sta ff does not believe it is necessary to have a subdivision agreement and collect security. Withholding the certificate of occupancy is generally enough incentive to gaining compliance. However, in cases where a new street is being proposed or large improvements are required, the Engineering Division will recommend that an agreement be signed to ensure that the public safety and welfare is provided for. -----------------·--·----•--------------··· --·- Page 5 April 12, 2016 Planning Commission Meeting Staff Report -llem 7C File: 16A6 Ordinance Section: 14;.~ The Subdivision Code currently does not provide clear direction on the method of approving lot consolidations. This revision give the Community Development Director the authority to approve lot consolidations, provides for a 100-foot public notice radius and sets the procedure for appeals. The Subdivision Code currently requires lot line adj ustments to be approved by the Planning Commission. State law and many other cities do not require a public hearing for these entitlements since the City's authority to deny the adjustment is very limited and the review is mostly a technical review that the projects meets the findings. This revision gives the Community Development Director the authority to approve lot line adjustments, provides for a 100-foot public notice radius, and sets the procedure for appeals. FINDINGS: Lot consolidations are typically non- controversia l items and the City's discretion on these applications is severely limited. Given this, staff believes it best to leave the authority to approve such applications with the Director to provide for a more streamlined process. Lot line adj ustments are typically non- controversial items and the City's discretion on these applications is severely limited. Given this, staff believes it best to leave the authority to approve such applications with the Director to provide for a more streamlined process. ---------------------------~ TCMC Section 9-1G-O 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: This project 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. RECOMMENDATION: Adopt the attached Resolution recommending that the City Council adopt the proposed ordinance. ATTACHMENTS: 1. Planning Commission Resolution Page 6 ATTACHMENT 1 m PLANNING COMMISSION RESOLUTION Iii RESOLUTION NO. 16-2472 PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY RECOMMENDING THAT THE CITY COUNCIL ADOPT T HE 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 Commission 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 of Temple 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 req uires 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 1 0 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 opening, one new stud is being installed. and the existing Ordinance No. 16-1014 Page 2 of 13 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. W hen 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') er 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 iWR&the tloor area ratio limitations shall apply only to the total living area of any two story d .. velling or single story dwelling in e:>mess of eighteen feet (18') in height; floor area limitations shall not apply to attaohed or detaohed garages or single story aooessory buildings not intended for human HaaitatioR-;-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-story 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. entryways, 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. 16-1 014 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 t\venty fivo 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-fer-a-r-evie'n by the plaAR~Rg eommi-ssioA-With res~Gt-there to, at RO east. 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 9-1J-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 min imum of ten feet (10') wide . .i 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 fi•o~e (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 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 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 9-1 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 Ordinance No. 16-1 014 Page 5 of 13 requirements in the following table {Minimum Backup Dimension and Garage Door Width). For the purposes of this Section. garage-door width shall be defined as the clear opening between structural elements. The measurement for back up space shall follow the Minimum Backup Dimension and Garage Door Diagram. The back up space for a single-fam ily use may protrude into the sidewalk and parkway portions of the public right of way, but not the street. Minimum Backup Dimension and Garage Door Width Table Minimum Garaae Door Width (Feet) Minimum Backu(2 2 Spaces 1 Space Dimension (Feet) 20 12 20 19 10 22 18 9 24 16 8 28 Minimum Backup Dimension and Garage Door Diagram c 0 ·;;; c <!J E a 0. ~ u tO IXl E ::J E c ~ '·-/" ·......... ..... .. ......... _ .......... ............ ......... No building to encroach Into the back up area. STRUCTURE Ordinance No. 16-1014 Page 6 of 13 SECTION 7: Section 9-1 K-6 of the TCMC is hereby amended to read in full as follows. A wall, fence, or security gate not more than six feet (6') in height may be located and maintained on any part of an R zoned lot except those areas comprising the front yard and the driveway visibility area. In front yards (the area between the front of the house and the front lot line), the maximum height of a wall, fence or hedge shall be limited to a maximum of thirty six inches (36") when view obscuring or a maximum of forty two inches (42") when nonview obscuring eestnJGting. No security gate, regardless of height, shall be permitted when said security gate blocks vehicular access to a multiple-family residential project which has or will have required guest parking.__ln the driveway visibility area. the maximum height shall be 36 inches. The driveway visibility area is the triangular area extending at an angle of 45 degrees from the street property line to a point on the edge of the driveway 10 feet from the street property line (see the Driveway Visibility Area Diagram, below). The driveway visibility area shall not apply to garages taking access from an alley. Driveway Visibility Area Diagram Driveway Visibility Area: The maximum height shall be 36 inches ...................... • • • • • • • • • • • • • • • • • • 0 0 ••••• • 0 0 ••••••••••• 0 ••• 0 ••• • • • • • • 0 •• 0. 0 •••••• 0 •••••• • • 0 0. 0 0 0 0 •• 0 •• 0 0. 0 •••• • 0 ••• 0 0 . 0 0 •• 0 0. 0 •• 0 •••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • • • • • • 0 • • 0 ••••••••• 0 . 0. 0 •• 0 0 0 0 • • 0 •• 0 ••• 0 ••••• 0 ••• 0 0 0 • • • • • • 0 •••••••••••• 0 0 ••• • • • • • • • • • • • • • • • • • 0 0 ••• • 0 •••• 0 ••••• 0 0. 0 •• 0 •••• • • • • • • • • • • • 0 ••••••• 0 0. 0 •••• 0 •••••••••••• 0 ••• 0 0 ••••••• 0 ••• 0 •••••••• • 0 ••• 0 •• 0 ••••• 0 . 0 •• 0 •• 0 0 ••••••••• 0 0 ••••••• 0 • • • 0 •••••••• 0 ••• 0 0 0 •••• 0 •••••• 0 •• 0 •••• 0 •••••• . . . . . . . . . . . . . . . . . . . . . . :::::::::::::::::::: :~~r~~~::::.:: :::::: •••• 0 ••••••••••• 0 . 0 ••• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 ••••••••••••••••••• • • • 0 •••••••••••• 0 ••••• . . . . . . . . . . . . . . . . . . . . • • • • • • • • • 0 0. 0 ••••••••• . . . . . . . . . . . . . . . . . . . . . . • • • • • • • • • • 0 ••••••••••• • • • • • • • • • • 0 •••••••• • • • • • • • • • • • • 0 ••••••••• 0 ••••••••• 0 •••• 0 •••••• • • • • • • 0 ••••••••••••••• 0 •••••••••• 0 ......... . • • 0 0 ••••• 0. 0 ••••••• 0 0 0 •••••• 0 •••• 0 . 0 ••• 0 0 ••• • • • • • • • • • • • • • • • • 0 ••••• • • • • • • • • • • • 0 . 0 0 •••••• • • 0 •••••••••••• 0 •••••• • • • • 0 •• 0 ••••••••••••••• 0 ••••••••••••••••••••• Driveway ··-·-· _..........._~,;,......_.~.......,-· -·-·-·-·-·-· -· -Propertyllne Sidewalk 11 r\ Parkway Ordinance No. 16-1014 Page 7 of 13 In cases where a garage is located in the front of the property and the garage door is perpendicular to the street any fence crossing the driveway shall be limited to a maximum of thirty six inches (36") when view obscuring or a maximum of forty two inches (42") when non-view obscuring (see the Fences Perpendicular to Driveways Diagram, below). Fences Perpendicular to Driveways Diagram ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-· I I . . Maximum fence height of thirty six inches when view obscuring or forty two Inches when 1 nonview obscuring ! I L·-·-·-·-·-·-·-·-·'-~-· -·-·-·-·-·-·-·-·-·-·-.1 SECTION 8: Section 9-1 M-12 of the TCMC is hereby amended to read in part as follows E. Height Limits: No lot or parcel of land in zone R-1 shall have a building or structure in excess of twenty six feet (26') in height; such height shall be measured from the natural grade to the highest point of construction . In the front thirty feet (30') of the lot, no portion of the building or structure shall encroach through a plane projected from an angle of forty degrees (40°) as measured at the ground level along the front property line toward the rear property line. Ordinance No. 16-1014 Page 8 of 13 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 9-1M-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 9-1 M-15 of this article. Single stoFY detached accossol)' buildings not intended for human ha9itation shall not be counted in the total floor area for purposes of determining floor area ratio. However, a condftional use permit shall be obtained for any accessory building in excess of...five hundred (500) square foot. 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 story detached accessory buildings not intended for human habitatioR-SRall not be counted in tho total floor area. However. a conditional use permit shall be oetained for any accessory buiiGirl§-ffi excess of f.ive hundred (500) square feE!h 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 9-1M-12 of the TCMC is hereby amended to read in part as follows: L. Laundry Facilities and Water Heaters: All washing machines and dryers shall be located within the main structure or accessory 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. 16-1 014 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 j serves as a semi-enclosed space; generally open on J at least 2 sides and located j 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 lncentive1 . S1ze 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. Ordinance No. 16-1014 Page 10 of 13 A. Authority: The community development director planning cemmtssieR 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 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~ aR6 Ordinance No. 16-1 014 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 whore, following referral of sush matter-from tho planning direstor, the planning commission fl-Ads-and determines as follews;. 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 ad justment 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 12 of 13 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 7th 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 1, 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 17111 day of May, 201 6, and was duly passed, approved and adopted by said Council at the regular meeting held on the 7th day of June, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Peggy Kuo, City Clerk