HomeMy Public PortalAbout12) 8C Introduction and First Reading of Ordinance 17-1022 Amending TCMC pertaining to Accessory Dwelling UnitsAGENDA
ITEM 8.C.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April18 , 2017
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
Via : Michael D. Forbes , Community Development D irector
By: Andrew Coyne , Management Analyst
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 17-1022
AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL
CODE PERTAINING TO THE REGULATION OF ACCESSORY
DWELLING UNITS AND AMENDING TITLES 5 AND 9 OF THE TEMPLE
CITY MUNICIPAL CODE TO MAKE ADMINISTRATIVE CHANGES
RECOMMENDATION:
The City Council is requested to :
1. Introduce for first reading by title only and waive further reading of Ordinance No.
17-1 022 (Attachment "A "), amending Title 9 , Chapter 1 of the Temple City Municipal
Code (TCMC) pertaining to the regulation of accessory dwelling units (ADUs) and
amending Titles 5 and 9 of the TCMC to make administrative changes ; and
2. Schedule the second reading of Ordinance No . 17-1022 for May 2 , 2017 .
BACKGROUND:
1. On May 27 , 2003 , the City Council approved Ordinance No . 03-888 , which amended
the City 's Zoning Code relative to ADUs in order to bring it i nto conformance with
Assembly Bill 1866.
2. On July 1, 2003, Assembly Bill 1866 took effect, which strictly limited the abi lity of
cities to impose restrict ions on ADUs and mandated that permits be issued for AD Us
ministerially , without any discretionary review or public input.
3 . On January 1 , 2017, Assembly Bill 2299 and Senate Bill 1069 took effect. The bills
amended Section 65852 .2 of the California Government Code , which provides
City Council
April18 , 2017
Page 2 of 4
regulations for ADUs in residential zones . As a result , jurisdictions are required to
amend their regulations in compliance with the California Government Code .
4 . On February 28 , 2017 , the Planning Commission reviewed the proposed ordinance.
The Planning Commission recommended that the City Council adopt Ordinance No .
17-1022.
5. On April 4 , 2017, the notice of the public hearing was published in the newspaper.
ANALYSIS:
The Planning Division has prepared this Zoning Code amendment in response to recent
changes to State law pertaining to the regulation of ADUs . The changes regu late parking ,
type and size of units , approval process and timelines , and util ity requ i rements app licable
to ADUs . The purpose of these changes is to make it easier for property owners to
construct AD Us on their property and thus help to alleviate the housing crisis in the State .
The State allows jurisdictions to adopt additional regulations , so long as they do not
conflict with State law or effectively prohibit AD Us . If the Zoning Code is not updated , the
City w ill be required to apply the State law to all new ADU projects , without any additional
design standards or regulations that would help to protect the character of the City 's single
family neighborhoods . Below are some of the proposed additional requirements that will
help to minimize the effect that AD Us might have on the surrounding neighborhood :
• Detached ADUs will be limited to one story;
• 400 square feet of open space must be provided for AD Us ;
• Hedges must be planted along the side and rear property lines nearest the ADU ;
• The doors of an ADU cannot be visible from the street ;
• New ADUs must provide a five foot side yard setback (conversion of existing
buildings are exempt);
• A six-foot high wall or fence must be located along the side and rear property lines;
• A detached ADU must have a separation of at least 10 feet from any other building
on the lot ;
• AD Us must have a design that is consistent w ith the arch itectural style of the main
dwell ing .
The Planning Commission recommended adoption of the proposed ordinance w ith the
following modifications :
• Limit the total number of accessory structures on a lot (e .g . AD Us , garages , sheds ,
pool houses, and the like) to two per lot ;
• Limit the total maximum area for all accessory structures to 1,800 square feet or
50 percent of the living area of the main dwelling, whichever is smaller;
City Council
April 18 , 2017
Page 3 of 4
• Require that ADU s be located in the rear 50 percent of the lot ; and
• Require a 1 0-foot rear yard se tb ack for an AD U.
Staff agrees with the Plan ning Commiss ion 's re co mmendations and has revised the
o rdinan ce accordingly . For additional a na ly s is of the proposed ordi nance, see the
Plannin g Commission staff report (Attac hm ent "B"), which exp la i ns the reason for each
c han ge to the Code . Staff has also prepared a s hort summary (Attachment "C"), which
includes diagrams of various development scenarios involving attached and detached
AD Us .
Administrative Amendments
As pa rt of this co de amendment , staff is also proposing to renumber the adult oriented
business section of th e code and move a portion of it f rom the Special Uses section
(TCMC 9-1T-3) to the Business License section (TC MC 5-2F). These are administrative
c hang es that will improve the usab ility of the co de . No substantive changes to the text
are being proposed.
FINDINGS:
T C MC Section 9-1 G-0 provides that the Zoning Code may be "amended whenever the
public i nterest and necessity so require ." There are no specific findings required to amend
the Zo n ing Code or other titles of the Municipal Code.
ENVIRONMENTAL REVIEW :
The proposed ordinance is exempt from envi ronme ntal review under th e Cal iforn ia
Environme ntal Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines
pertaining to minor alterations to la nd use limitations and Section 15061 (b)(3) of the
CEQA Guidelines be ca use it ca n be see n with ce rt ainty to have no possibility of a
significant effect on th e environment.
CITY STRATEGIC GOALS :
Adopting the proposed ordinance would further the City Strategic Goals of Public Health
a nd Safety and Quality of Life .
FISCAL IMPACT:
The proposed ord i na nce would have no im pact on the Fiscal Year 2016-17 City Budget.
City Council
April18, 2017
Page 4 of 4
ATTACHMENTS :
A. Ordinance No. 17-1022
B . Planning Commission Staff Report
C. Summary of the Ordinance
ORDINANC E NO. 17-1022
AN O RDIN ANCE OF T HE C ITY COUNCI L OF THE CITY OF
TEM P L E C IT Y, CAL IFOR NI A, AMENDING TI TLE 9 , CHAPTER 1
O F T HE TEMPL E CITY MU NIC I PA L CODE PERTAIN ING TO
TH E REGULATION OF ACCESSORY DWE LLI NG UN ITS AND
A ME ND IN G TITLES 5 A N D 9 OF THE TEMPLE CITY
MUNI C IPAL CODE TO MAKE ADM INISTRATIVE CHANGES
Attachment A
WHEREAS , Th e Cit y of Temple Ci t y ("City ") has adopted a General Plan to ensure a we ll-
plan ned and safe comm unity ; and
WHEREAS , Prot ection of public hea lth , safety, and welfare is fully articulated in the General
Plan ; and
WHEREAS , State law requ ires that the City's zoning ordinance , found at Title 9 , Chapter 1
of the Temple City Mu nicipa l Code ("TCMC "), conform with t he General Plan 's goals and policies;
and
WHEREAS, it is necessary from tim e to t ime to update the zoning ordinance to bring it into
conform it y with State law a nd t o address publi c health , safety , and welfare concerns that have arisen
si nce the last up date of th e ordinance ; a nd
WHEREAS, Assembly Bill 2299 a nd Senate Bill 1069 amended California Government
Code Sections 65852.1 and 65852.2 pertai nin g to accesso ry dwelli ng units and authorizes local
age ncies to adopt a n o rdi nance that complies with the new standards ; and
WHEREAS, the City currently regu lates adult-orient ed businesses and this Ordinance
furt he r makes admi ni strative and non-substantive changes to certain adult-oriented business
provisions solely for the purpose of reorganizing the TCMC ; and
WHEREAS , O n Apri l 18, 2017 , t he City Counci l held a noticed public hearing and introduced
for fi rst reading by title on ly Ordinance No. 17-1022 , amending T itle 9 , Chapter 1 of the Temple City
Mu ni c ipa l Code Pertai nin g to t he Regu lat ion of Accessory Dwel ling Units; waived furthe r reading;
and scheduled a second reading and adopti on of the ordinance for May 2, 2017 .
THE CITY COUNCIL O F THE CI TY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS :
SECTION 1 : The defi nitio n of "SECOND UNI T" in Section 9-1A-9 of the TCMC is hereby amended
to read as follows , an d th e definition is re located within the sect ion to maintain alphabetical order.
SECO ND UN IT Accessory Dwelling U ni t: An atta c hed or detached residential dwelling unit that
may be attached to t he main dwelling, locat ed within the living area of the main dwelling , or
detached from the main dwelli ng , whic h p rovides complete in dependent livi ng facilities for one or
mo re persons . It sRaU must include permanent provisions for li ving , sleeping, eating , cooking and
sanitation and be locat ed o n the same pa rce l as a single -family dwelling .
SECTION 2: The defi ni t ion of "GUESTHOU SE " in Section 9-1A-9 of the TCMC is hereby de leted in
it s e nt irety .
Ordinance No . 17-1022
Page 2 of 5
SECTION 3: Section 9-1 E-1 . B. of the TCMC (Minor Site Plan Review) is hereby amended to read
as follows :
1. New two-story single-family residences or additions above the first story to a single-family
residence that are not part of an accessory dwelling unit;
SECTION 4: Section 9-1 E-7.C of the TCMC (Zoning Clearance) is hereby amended to read as
follows :
C. Applicability : Zoning clearances are not considered discretionary for purposes of the California
environmental quality act (CEQA). A zoning clearance shall be required at the time of department
review of any building, grading or other construction permit , or other authorization required by this
zoning code for the proposed use . The following construction is subject to a zoning clearance :
1. All single-story, new, single-family residences;
2. Single-story additions to single-family residences ;
3. Single-story accessory structures ;
4. Accessory dwelling units including second story units;
~ 4.-All fences and walls ;
~&.All pools , spas, and their related equipment;
L &-All residential patio covers ;
~f..: Any proposed demolition , where new construction is not proposed ;
~. 8. All commercial, industrial , mixed use , and institutional ten an t improvements , provided no
exterior changes are proposed ;
10.9 Any other construction that requires a building permit but does not require a major or minor
site plan review .
SECTION 5: Section 9-1F-10. of the TCMC (Conditional Use Perm it) is hereby amended to exempt
accessory dwelling units from requ iri ng a conditional use permit. The remaining items in the list are
not amended .
A. Any detached accessory building , accept for an accessory dwelling unit, over five hundred
(500) square feet in size . or 'Nhenever there is more than five hundred (500) square feet of
accessory building space on a lot, v1hether in one building or multiple buildings .
SECTION 6: Section 9-1 J-2 of the TCMC (Parking Spaces Required) applicable to "Second Unit"
and "Guest house " uses are here by amended to read in part as follows . The rema ining rows of the
table are not amended.
Ordinance No . 17-1022
Page 3 of 5
9-1J-2: PARKING SPACES REQUIRED:
The off street parking spaces required for each use permitted by th is chapter, shall be not less
than the following , provided that in no case shall there be le ss than three (3 ) spaces per
commercial or manufacturing un it and further provided that any fractional parking space shall be
computed as a whole :
Use
Accessory Dwelling Unit
Se cond unit
Guesthouse
Number of Off Street Parking Spaces Required
f3aFkH1fpl'la)d3eJn tandem . See Sect1on 9-1T-10 .
:~::::.:::·:::::whish shall Be in a garage . SaiEl :
:~:::::::; ~:::: whi s h shall Be in a garage . SaiEl ;
SECTION 7 : Section 9-1M -10.B (Zone R-1 Permitted Uses) of the TCMC is hereby amended to
add the following as an accessory use :
Accessory Dwelling Units subject to the requirements of Section 9-1 T-1 0.
SECTION 8 : Section 9-1M-11 .B (Zone R-1 Limitations of Uses) of the TCMC is hereby amended to
read as follows :
Accessory Structures: Accessory structures, includ ing ADUs , shall be limited to two per lot. The
maximum area for all accessory structures on a lot shall be 1 ,800 square feet or 50 percent of the
living area of the main dwelling , whi c hever is smaller.
SECTION 9: Section 9-1M -20 .A (Zone R-2 Perm itted Uses) of the TCMC is hereby repla ced to read
as follows .
3 . Accessory dwelling units are permitted as set forth in Section 9-1T-10.
SECTION 10: Section 9-1M-30.A.2 .c (Zone R-3 Permitted Uses) of the TCMC is amended as
follows :
c . Accessory dwell ing units are permitted as set forth in Section 9-1T-10 of this article .
SECTION 11: A new Secti on 10, entitled Accessory Dwelling Units , is hereby added to Title 9,
Chapter 1, Article T of the TCMC , as set forth in Exh ibit "A" to this ordinance , which is incorporated
herein by reference .
O rdi nance No. 17-1 022
Page 4 of 5
SECTION 12: Section 9-1 T -3 of the TCMC is hereby re-numbered to read as follows :
• Subsections A th rough R under Section 9-1T-3 shall be made subsections of a new section
9-1T-3 A (F indi ng s) and shall be re labe led as subsections 1 through 18.
• Existing section 9-1T-3.1 shall becom e 9-1T-3 .B,
• Existing sectio n 9-1T-3 .2 shall becom e 9-1T-3.C
• Existi ng sectio n 9-1T-3 .3 shal l becom e 9-1T-3.D
• Existing sectio n 9-1T-3.4 shal l becom e 9-1T-3 .E
• Existing section 9-1T-3 .5 sha ll becom e 9-1T-3 .F.
A ll subsections und e r 9-1T-3 shall be re labeled appropriately-existing letters A through Z shall
become 1 th rough 26 ; 1 through 26 s ha ll become a through z.
SECTION 13: Sections 9-1T-3 .6 through 9-1T-3.29 inclusive are hereby re located to Title 5, Chapter
2 . A new Article F is hereby added to T itle 5, Chapter 2. All subsections under 5-2 F shall be re labe led
appropriately-existing letters A throug h Z sh a ll become 1 through 26; 1 through 25 shall become a
through z .; a through z sha ll become i through x.
SECTION 14: The City Counci l hereby declares that , sho uld any provision , section , subsection,
pa ragraph, sentence , clau se , phrase, or word of thi s Ordinance or any pa rt the reof, be rendered or
declared invalid or u nco nstitution a l by any fin a l court action in a court of competent jurisdiction or by
reason of any preemptive legislation , s uch decision or act ion shall not affect the validity of the
remaining section or porti on s of the Ordinance o r part the reof. The City Council hereby declares that
it wo ul d have independently adopted the remaining provisions, sections, subsections, paragraphs ,
sentences , clauses , phrases, or words of thi s O rdinance irrespective of the fact that any one or more
p rovisions, sections, su bsections, parag raphs, sentences , clauses, phrases, or words may be
declared invalid or unconstitutional.
SECTION 15: The City Council finds th at th is Ordinance is not subject to environmental review
under th e California Environmental Qua lity Act ("CEQA") pu rsuant to CEQA Gu idel ines Section
15305 pertaining to minor a lterations to la nd use limi t ations and Secti on 15061 (b)(3) because it can
be seen with ce rt ainty that th e Ordinance has no possibility of a sign ificant effect on the environment.
SECTION 16: The C ity C lerk shall certify t o the passage and adoption of this Ordinance and to its
approva l by the Mayor a nd s hall cause the same to be publis hed according to law.
PASSED, APPROVED, AND ADOPTED this 2 nd day of May , 2017.
Ordinance No. 17-1022
Page 5 of 5
ATTEST:
Peggy Kuo , City Clerk
Cynthia Sternquist, Mayor
APPROVED AS TO FORM :
Eric S . Vail , City Attorney
EXHIBIT A
A new Section 10 is hereby added to Article T of Chapter 1 of Title 9 of the Temple City
Municipal Code , to read as follows :
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ARTICLE T. SPECIAL USES
SECTION 10. ACCESSORY DWELLING UNITS
A. Applicabil ity: Accessory dwelling units will be permitted in all res identia l zones subject to the
requirements of this Section .
B. Development Standards :
1. Any accessory dwelling unit , whether attached , detached , or located within an existing
dwelling is calculated toward the maximum permitted floor area ratio and lot coverage .
Construct ion must be in full compliance with all applicable zon ing criteria found in Article
M (Residential Districts ), except as modified by this Section .
2. The lot on which the accessory dwelling unit is located must be improved with one single-
family dwelling . An accessory dwelling un it is not allowed on lots with more than one single
family dwelling , multifamily dwellings , an existing accessory dwelling unit , or other
nonconforming uses.
3. The single-family dwelling will be owner occupied .
4 . The accessory dwelling unit may not be sold separately from the single-family dwelling ,
but may be rented for periods of not less than 30 days .
5. An accessory dwelling unit may be detached , attached , or located within the living area of
the main dwelling or another accessory structure.
a. If the accessory dwelling unit is detached , it must not exceed 1 ,200 squa re feet, must
be single-story , and must not exceed a height of fifteen feet.
b. If the accessory dwelling unit is attached or located within the main dwelling , it must
not exceed a size equal to fifty percent of the main dwelling , with a maximum floor
area of 1 ,200 square feet.
6. All accessory dwelling un its must be located on the rear 50 percent of the lot.
7. The minimum side yard setback for a newly constructed detached accessory dwelling unit
is f ive feet.
Ordinance No . 17-1022
Exhibit A
Page 2 of 3
8. The minimum re ar yard setback for a newl y constructed detached accessory dwelling unit
is 10 fe et.
9. The exist ing side and re ar yard setback may be maintained for an existing garage or other
permitt ed existing accesso ry structure that is converted to an accessory dwell in g unit.
10 . An add it ion to a legall y non-conforming accessory structure for the purpose of creating an
accessory dwelling unit shall comply with th e provisio ns found in Section 9-1 H-8 (Add itions
to Nonconforming Structures).
11 . The accessory dwelling uni t may share utility connections and meters with the main
dwelling , or may be sepa rately connected and metered . Utili tie s must be upgraded as
deemed necessary by the Building Officia l to comply with the appl ic able codes , incl uding
but not limited to sewer laterals , electrical service panels , and water service.
12 . Accessory dwelling units are subject to park construction fees per Section 9-5-2 .
C. Parking Requirements:
1. Detached accessory dwelling units will provide one parking space per bedroom . The
follow ing standards will apply :
a . Parking may be in tandem in a structure or on a driveway .
b. It may be located in the side and rear setback areas when a five f oot landscaped buffer
is provided between the nearest property line and the parking area .
c . The required parking for a detached accessory dwelling unit must be independent from
required parking for the existing main dwelling and must no t block access to the
required parking for t he main dwelling .
2. Accessory dwelling units attached to , or located within the main dwelling , or an accessory
structu re legally constructed prior to the adoption of this code do not require parking .
3. When a garage or carport is converted or demolished in conj unction with the construction
of an accessory dwelling un it , the replacement spaces may be located in any co nfiguration
on the same lot, includ ing , but not limited to , as covered spaces , uncovered spaces , or
tandem spaces, or by the use of mechanical automobile parking lifts .
4 . No parking is required for a detached or attached accessory dwelling un it in any of the
follow ing circumstances :
a. The accessory dwell ing unit is located w ith in one-half mile of a park and ride facility or
a bus stop, which operates regularly w ith headways of fifteen minutes or less .
b . The accessory dwe lli ng unit is located with in a designated historic district.
c. When on-street parking permits are required but not offered to the occupant of the
accessory dwelling unit.
Ordinance No . 17-1 022
Exhibit A
Page 3 of 3
---------------------
d. When there is a c ar share vehicle hub or pick -up location located within one block of
the accessory dwell in g unit.
D. Design St andards:
The follow ing design standa rds will apply to all a ccessory dwelling un its :
1. The doors to all accessory dwell ing units m ust no t be visible f rom t he pub lic right-of-way .
If the accessory dwell ing unit is located on the second floor of the ma in dwelling , the stairs
leading to the unit must be located on t he interior of the st ruct ure .
2. All attached and detached accessory dwelli ng units must ha ve 15 gallon hedges planted
five feet on center a long t he side and rear property lines nea rest t he structure . Th is is not
requ ired for the convers ion of an existing structure to an ADU if th e setbacks are less than
5 fee t.
3. An attached and det ached accessory dwell ing units must have a view obscuring si x foot
high wall or fence in good repair along the side and rea r property lines nea rest the
accessory dwelling un its .
4. The re must be a min im um of 400 square feet of open space fo r the access ory dwell ing
unit with dimensions of no less than ten feet. The open space w ill be a ccessib le to the
accessory dwelling uni t. Featu res such as landscape and hardscape materials , swa les ,
mounds , and garden walls w ill be used t o create open space t hat is distinct f rom other
areas and uses on t he lot.
5. The re must be a minimum building separation of ten fee t (measured eave to eave) from
any ot her buildings on t he lot and a five foot d istance from pools , spas , or the like .
6. All accessory dwell ing units must be consistent with the arch ite ct ural style of t he ma in
dwelling including but not limited to the roo f pitch , articulation , w indow size , proportion of
window units to wall size , direction of opening , muntin pattern , exterior bu ild ing materials ,
lighting fi xtures , garage door design , and pa int colors .
ATTACHMENT B
City o f Temp le City
Ill
Planning Commission
Sta ff Report
February 28, 2017
FILE : PL 16 -579
ADDRESS : Citywide
DESCRIP TI ON : Zoning Code Amendments Pertaining to the Regulation of Accessory
Dwe lling Uni t s
APPUCANT: City of Tem pl e City (staff-initiat ed)
PROJECT PLANNER: Andrew Coy ne, Management Ana lyst
ENVIRONMENTAL REVIEW: This project is exempt from t he Ca l ifornia Environmental Qual ity Act
(CEQA) pu rsuant to Section 1 5305 (Minor Alterations i n Land Use
Limitations) and 15061(b)(3) o f the Cal ifornia CEQA Guidelines.
RECOMMENDATION : Adopt the attac hed Resolut ion recommendi ng that the City Co u nci l
adopt the p ro posed ordina nce
SUMMARY:
On Ja nu ary 1, 2017, Assemb ly Bill 2299 and Se nate Bill1069 took effect. These two bil ls amended Sec t ion
65852.2 of the California Government Co d e, which provides regu lations for second dwelling un its in
reside nti al zones. As a res u lt, cities are req uired to amend t he ir own zoning regu lations to ens u re f u l l
comp liance with the Ca lifo rn ia Government Code. Th e proposed ordinance wil l also reorganize the
releva nt sections of the mun icipa l code for ease of use. Some of the amendments covered in the proposed
ordinance include:
• Replacing the term "second unit" with "accessory dwell in g unit"
• Sett i ng a new max imu m size for accessory dwelling units
• Adj u sting parki ng re q ui rements
• Revising deve lopment standards f o r accessory dwel ling u nits
• M odifying uti liti es re q ui rements
The exist i ng Municipa l Co d e ca n be found o nline at www.templecity.us/113/Municipai-Code.
February 28, 2017 Plann ing Commiss ion Meeting
Staff Report -Item _
Fi le: PL 16-579
ANALYSIS:
The following is a summary of the items proposed to be amended with a sho rt exp lana tion and ana lysis
of the issues .
Modification Explanation and Analysis
Ordinance Section: 1 -----
Municipal Code Section: 9-1A-9
"Second Uni t " is rename d "Accessory Dwell ing Un it" Revi sion of t erm inol ogy and defin ition to ensure
and defi nition is modified. complia nce with state law. The State has revised
the name to reinforce that t h ese units are
acce ssory to the primary un it on the property.
Ordinance Section: 2
'"•• _ ........ ~. --·-·~-· -------··-
Municipal Code Section: 9 -1A-9
"Gue sthou se " definit io n is deleted . Guesthouse definition is no l onger necessary
with expanded accessory dwell ing unit
p rovis io ns. Guesthouses cou ld be used in a way
t hat is contrary to the requirements of the
p ropose d ordinance.
Ordinance Section: 3 I ---- ------··--------------------·. ·----------
Municipal Code Section: 9-1E-1.8.
Minor site plan review does not apply to accessory State law requires that approval of accessory
dwe ll ing units located on th e second floor of a dwelling units be ministeria l, without
single-famil y res iden ce . discretionary review or a hear i ng. M iniste ri a l
decisions a re those wh i ch involve the u se of
fi xed sta nd ards or o bjective measurements, and
do not requ ire subjec tive judgment on the part
of the publi c official i n decid ing whether to
approve a projec t.
Ordinance Section : 4 --·-··-·---·-· --·----.. -
Municipal Code Section: 9-1E-7
Ac cessory dwelling un its are added to the list of See exp l anation above.
const ru ct i on subject to a zoni ng clearance . -
Ordinance Section: 5 --
Municipal Code Section: 9-lJ-2
Off-street park ing requirem ent for accessory See ex p lanation in Ordinance Section 8 (be low).
dwelling un its can be found in Sect ion 9-lT-10.
Guesthouse parki ng requ irement del eted. Gu es thou ses will be a non -co nform in g use . No
new g u est houses may be co n stru cted in the
city.
Ordinance Section: 6
Page 2
February 28, 2017 Planning Com mission Meet ing
Staff Report -Item _
Fil e: PL 16-579
Municipal Code Section 9-1M-10.B
Accessory dwelling units are permitted as an
accessory u se i n t h e R-1 zone an d subj ec t t o the
requirements of Sectio n 9 -lT-10.
Ordinance Sect ion : 7
"""'' ·-···-M~• -~~--
Municip al Code Section: Section 9 -1M-11
Secon d unit requirements are deleted .
Ordinance Section: 8 -·----·· -~-,.,
Municipal Code Sect ion: 9 -1M-20
Accessory dwelling units mu st be allowed in the R-2
zo n e, subject to new requ i reme nts i n Section 9-lT-
10 (Special Uses).
Ordinance Section : 9 -----...
Municipal Code Section: 9-1M-30
Accessory dwelling uni t s mu st be allowed in th e R-3
zone, subject to new re qu i remen t s in Sect ion 9-lT-
10 (Specia l Uses).
Ordinance Section: 10 -···--
Municipal Code Section: Section 9-lT-10
A new Arti cle T, conta ini ng regulations for accessory
dwelling units, is added to the Special Uses secti on of
the zo ni ng code. The revised regulations i nclud e the
followi ng :
Development Standards:
• Lots must be improved with on ly one si n gle-
f amily dwelling . Lots wi t h Mu ltifamily
dwellings, an ex i sting acce ss ory dwelling
u nit, or other non conforming uses are not
el igibl e for a new accessory dwell ing unit.
• Main house must be owner occupied .
• Accessory dwell in g unit may not b e sold
separa t ely.
• Accessory dwelli ng unit may be d et ached,
attached , or l ocated within the main
dwelling or another accessory stru cture.
• Maximu m si ze for detached accessory
dwelling unit 1,200 square feet and sing le-
story (subj ect to f loor area ratio and lot
coverage limits).
!
Second uni t requirements previously loca t ed in
Section 9-1M -11 have b een d el et ed and
replace d w ith a new section (9-1 T -10) for ease
of use.
·-···~~ ····-···
See explanation above.
----··· ....... _ ··-·-··-
Refers t o t he new accessory dwelling unit
sect i o n .
----·-
Refers to the new accessory dwell ing unit
section.
The rev i sed accessory dwell ing unit stan d ard s
can be foun d in Exhibit A of the Ordinance. Th e
new re qui rements are mandated by t he n ew
state l aw. St af f ha s also prepared des ign
qu idel ines to ensure qua l ity projects.
Som e of the most si gnif icant changes to t he
Ci ty's cu rren t regulation s are the new maxim um
si ze s for accesso ry dwell i n g units and t h e
allowa nce for garage conve rsions. Although t h e
state law continues to allow cities to require
that the main hou se b e own er occ upi ed and t h e
acc esso ry dwelling un i t be f or rental purposes,
the City can no longer req u ire that a p roperty
be deed r estricte d .
The Ci ty currently requ i res that accessory
d we lli ng u nits share a util ity con n ection w i th
the mai n dwell ing . Per t h e new state law, c ities
can now requ i re a separate connection for
accesso ry dwelling units. St aff believes that i t
would b e advant ageou s to allow, rath er tha n
Pag e 3
February 28, 2017 Planning Commissio n M ee t ing
Staff Report -Item _
File: PL 16-579
• Maximum size for attached accessory requ1re, separate utility connections for
dwelling unit: 50 % of the existing li ving area accesso ry dwelling units.
and no more than 1 ,2 00 square feet (subje ct
to floor area ratio and lot coverage li mits).
• Side yard set bac k for new detach ed
accessory dwe llin g un it: five feet
• Rear yard setback for new detached
acce sso ry dwelling unit: five feet
• No set back requirement for conversion of
exi sting accesso ry structures or garages
(may retain existing se tbac ks).
• Accessory dwelling units may have a
separate utility connection .
Parking Requ irements:
• Detached accessory dwell ing unit: one
parking spa ce per bedroom . Parking may be
in tandem in a structure o r on a driveway, or
located in the side and rear se tback areas
with a five foot land sca ped buffer between
the nearest property lin e and the parking
area . Parking must be independent from
requi re d parking for the ma in dwelling and
mu st not b lock access to the req uired
parking for the main dwelling.
• Acce ss ory dwelli ng units attac hed to, or
located within, the main dwelling or an
existing accessory structure do not require
parking .
• When a garage i s demolished or co nverted
in conjunction w ith the construction of an
acce ssory dwelling unit, the rep lacement
spaces may be located in any configuration,
including as co ver ed spaces, uncovered
spaces , or tande m spaces , or by the use of
mechanical automobile parking lifts.
• The parking requirements for a detached or
atta ched accessory dwelling unit must be
waived if:
o The accessory dwelling unit is
located within one-half mile of
Ano t her major change t o t he existing
reg ulation s 1s the reduced parking
requ ire ments for access ory dwelling units . Sta te
l aw all ows cities to require either one space per
unit or one space per bedroom. Staff 1s
re co mmending one space pe r bedroom to
ensure there is adequate off street parking and
to reduce the need for on street parking
Each of these requirements ar e mandated by
the new state law.
Page 4
February 28, 2017 Pla n ning Commission M ee ting
Staff Report -Item _
File: PL 16-579
public transit.
o The accessory dwelling unit i s
located with in a designated historic
district.
o When on-street park ing permits are
required but not offered to the
occupant of the acce ssory dwel ling
un it.
o When there is a car share vehicle
hub or pick -up location located
within one b lock of the accessory
dwelling unit.
Design Requirement s:
• Doo rs to an accessory dwel li ng unit must not
be visible from the public right-of-way. Stairs
leading to a second floor accessory dwe lling
unit must be located on the interior of the
structure .
• New detached accessory dwelling units must
have 15 gallon h edges planted five feet on
center along the si de and rear property lines
nearest the structure.
• A view obscuring 6 foot high wa ll or fence
along the si de a nd rear property l i nes mu st
be provided nearest the new accessory
dwelling unit.
• 400 square feet of open space with
dimensions of no less than 10 feet must be
provided for al l new detached accessory
dwel ling units. Th e open space must be
adequately landscaped .
• A Min i mum bui lding separation of 10 feet
must be provided between a new accessory
dwelling un it and any other buildings on the
lot. A five foot d istance must be provided
from pools and spas .
• Accessory dwell i ng units mu st be consistent
with the arch itectura l style of t he main
dwel ling .
The des i gn requirements, whi le not required
by state law, will help to ensure good design
quality. Th ey will al so help to minimize the
impact that an accessory dwelling unit might
have on adjacent single family propertie s.
Pag e 5
February 28, 2017 Planning Commission Meeting
Staff Report-Item _
File: PL 16-579
Approval Pr ocess: Change ma n dated by new state law.
A zon i ng clearance must be conducted without
discretionary review o r a hearing and be acted upon
within 120 da s of the a lication bein su bm itted.
Ordinance Section: 11
Munici al Code Section: Section 9-1T-3
Re-number adult orien t ed businesses section in
Specia l Uses.
Ordinance Section: 12
Munici al Code Section: Section 9 -1T-3
Staff is rev1stng the numbering of the adult
oriented business section o f the zoning code.
No change to content is proposed at this t i me.
This is being done in conjunction with the
addition of the accessory dwe lling unit sect ion
to S ecia l Use s.
Move a portion of ad u lt oriented business section This sub-section was incorrectly placed in the
from Special Uses sect ion of the zoning code to Specia l Uses section. No changes to the text are
Business License sectio n of the munici al co d e. be in ro osed.
FINDINGS :
TCMC Section 9-1G -O provides that the Zon ing Code may be "amended whenever the public interest and
necess it y so require." There are no specific find ings required t o amend the Zoning Code or other titles
of the M unicipal Code.
ENVIRONMENTAL REVIEW :
This proj ect is exempt from environmenta l review under the California Environmenta l Quality Act (CEQA)
pursuant to Section 1530 5 of the CEQA Guidelines perta i ning to m i nor alterations to land use li m itat ions
and Section 15061(b)(3) of the CEQA Gu idelines be ca use it can be seen with certainty to have no
possibility of a significa nt effect on the envi ronm ent.
RECOMMENDATION :
Adopt the attac hed Reso luti on recommen d i ng th at the City Counci l adopt the pro posed ord in ance.
ATTACHMENTS :
1. Planning Comm i ssion Re solution
Page 6
---------------------------
ATTACHMENT C
City of Temple City
ACCESSORY DWELLING UNIT ORDINANCE
5 U M M A R Y E X P l A :~ A T 1 0 N
Does the City have to allow Acce ssory Dwe lling Units?
Yes. State law requi res cities to allow Accesso ry Dwelling Units (ADUs) by-right in residential zones. Temple
City already allows "seco nd units" as required by legis lation passed by the State between 1986 and 2002. On
Ja nuary 1, 2017, two bills took effect (Asse mbly Bill 2299 and Senate Bill1069) that rename d second units to
ADU s and amended Sta t e laws pertaining to AD Us. In general , the revisions further restrict the ability of cities
to regulate ADUs.
What are some of the standards set under the new State regul ations?
ADU Detached from Main Dwelling ADU Attached to Main Dwelling or
Existing Structure Converted to ADU
Maximum 1,200 square feet 50% of the area of the main dwelling
Size up t o 1,200 square feet maximum
Required 1 space per bedroom; may be in tandem or on a No parking required Parking driveway (no garage required)
• Parking for Garage Conversions: A new ga r age is not required to replace an existing garage that is being
converted into an AD U.
• No Setbacks for Conversions: Permitted st ructures that are converted into ADUs may main tain their
existing setbacks and d o not need to comp ly with ADU setback requirements.
• Renting Units: ADUs m ay be r en ted but not sold; covenants and deed restrictions are not allowed .
What regulations does Temple City have in plac e for second units that now conflict with State l aw?
The following Zoning Code requirements conflict w ith the new State law. The proposed o rdin ance revises or
deletes these requirements as necessary to comply with State law.
• Size Limitations: Detached second units cou ld not exceed 640 square feet. Attached second units could
not excee d 30% of the floor area of the main dwelling.
• Affordability and Hou sehold Sizes : Second unit s had to be "affordable" for low and very low income
hou se hold s. Occupa ncy was limited to two persons. A cove nant noting these re strictions was required.
• Inspections: Before se ll ing, the property was to be inspected by the City. Any unpermitted changes to
the second unit had t o be permitted or re m oved before the close of escrow.
• Parking Requirement s: Two garage parking spaces were required for all second u nits.
• Lots with Existing Non-conformities: Seco nd unit s were not allowed on lots with existing
nonconformities.
Wh at addition al regulations a re being proposed for ADU s in Temple City?
Jurisdictions can adopt add itional regulations so long as they do not conflict with State law or effectively
prohibit ADUs. Staff and the Planning Commission are recommending adoption of design standards and
other regulations aimed at protecting the charac ter of the City's sing le family neighborhoods. These include:
• One Story: Detached ADUs are limited to one story.
• Rear of the Lot: AD Us must be located in the rear 50% of the lot.
• Open Space and Landscaping : 400 squa re feet of open space must be set aside for the ADU ; hedges
must be planted along the side and re a r property lines nearest the structure.
ACCESSORY DWELLING UNIT ORDINANCE
SUMMARY EXPLANATION-CONTINUED
• Lim ite d Visibility of Fr on t Door: Th e doors of an ADU cannot b e v isible fro m the street.
• M ini mum Side Yard Setback : 5 feet f or a new detached ADU o r new ADU attached t o a house
• M ini mum Rear Yard Set back: 10 fee t for new atta ched o r detac hed ADU
• Maxi mum Nu mber of Accessory St ru ctu r es: 2 pe r lot. Accesso ry st r uct ures include ADU s, garages ,
she d s, pool houses, and the like. Th e maxi mum combined area for all ac cessory st ructu res is 1,80 0
square fee t or 50% o f t he liv ing are a of t h e m ain dwel li ng, which eve r is smalle r.
• Fence Required : A six -foot high wa ll or f ence must be loca t ed alo ng the side and rear property li nes.
• M inimum Building Separati on: 10 fee t fro m any oth er building o n the lo t
• Con sis tent Architect u ral Style: All ADUs must be consist en t w ith th e architectural st yle o f the main
dwell in g.
How does this impact existing guest houses and second units that will not conform to the new
requirements?
• Existi ng perm itted se cond uni ts d o not require any changes.
• Gu est h ouses co uld be converted to ADU s if they meet t he size and d esign requir eme nts for new ADUs.
ADUs have impacts on City infrastructure such as streets, parks, and sewers similar to other dwelling
units. Will builders of AD Us pay their fair share toward addressing these impacts?
Yes. AD Us w i ll be req ui red to pay t he same pa r k deve lopment fees and sewe r reconstructio n f ees that are
required of o th er new residential u ni t s. Sho u ld the City adopt other development impact f ees in th e future ,
such fees cou ld al so be appli ed to ADU s.
Page 2 of 2
Page 1 of 4
City of Temple City
ACCESSORY DWELLING UNIT ORDINANCE
SUMMARY EXPLANAT I ON
New Detached Accessory Dwelling Unit
400 sq. ft.
open space
5 foot minimu m
setback
Must be located on
rear SO% of the lot
10-foot minimum
rear setback
Door not visible
from the street
Fence and
hedges required
--
1 parking
space per
bedroom.
Driveway and
tandem
spaces
allowed.
--------------------------------------------------------------------~----------------------------------------------------~
Page 2 of 4
City of Temp le Cit y
ACCESSORY DWELLING UNIT ORDINANCE
SUMMARY EXP LANATION
Garage Conversion to Accesso r y Dwelling Un i t
Must be located on
rear 50% of the lot
400 sq. ft .
Uncovered
replacement
parking
provided;
garage not
required
Fence and
hedges required
Additional side
and rear
setback not
required
1 parking
space per
bedroom.
Driveway
space s
allowed.
Garage does
not need to
be replaced .
Page 3 of 4
City of Temple City
ACCESSORY DWELLING UNIT ORDINANCE
SUMMARY EXP LANATION
·-
Attached Accessory Dwelling Unit
5-foot
minimum sid e
se tback
400 sq. ft.
Must be located on
rear 50% of the lot
-----~--------~-----------------------
10-foot minimum
rear setback
Existing garage
pa r king for main
house. No parking
required f or attached
ADU.
Fence and
hedges required
Door not visible
from the street
Page 4 of 4
City of Temple City
ACCESSORY DWELLING UNIT ORDINANCE
SUMMARY EXPLANATION
Accessory Dwelling Unit located With in the Main House
Interior remodel of
existing structure to
create new ADU
No ad ditio nal
setback
requir ed
Must be located on
rear 50% of the lot
400 sq. ft.
open space
Fence and
hedges required
Existing garage
parking for main
hou se. No parking
required for ADU
located within the
main dwelling