HomeMy Public PortalAbout17) 8E Intro and First Reading of Ordinance 17-1022 Accessory Dwelling UnitsAGENDA
ITEM 8 .E.
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE : June 20 , 201 7
TO: The Honorable City Counci l
FROM: Bryan Cook, City Manager
Via: Michael D. Forbes , Community Development Director
By : Andrew Coyne , Management Analyst
SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 17 -1 022
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 C ity Council is re q uested to :
1. Introduce for first reading by title on ly and wa ive further read ing of O rdinance No .
17-1 022 (Attachment "A"), amending Title 9 , Chapter 1 of the Temple C ity Municipal
Code (TCMC) perta ining to the regulation of accessory dwelling un its (ADUs ) and
amending Titles 5 and 9 of the TCMC to make ad m inistrative changes ; a nd
2 . Schedu le the second reading of Ordinance No . 17-1022 for J uly 5 , 2017 .
BACKGROUND:
1 . On May 27 , 2 00 3 , the C ity Cou nci l approved Ord inance No . 03-888, which amended
the C ity's Zoning Code re lative to ADUs in order to bring it into conformance with
As sembly Bill 1866.
2 . On July 1 , 20 03 , Assembly Bill 1866 took effect , which strictly limi ted the ab ility of
cities to impose restrict ions on AD Us and mandated that permits be issued for ADUs
m inisterially, without any discretionary review or public i nput.
3 . On January 1, 2017 , Assembly Bill 2299 a nd Senate Bil l 1069 took effect. T he b ills
amended Section 65852 .2 of the Ca l iforn ia Governm e nt Code , which provides
City Counc i l
June 20 , 201 7
Page 2 of 4
regulations for ADUs in re sidential zones . As a resu lt , jurisdi ctions a re requ ired to
amend their regulations in compliance with the California Government Cod e .
4 . On February 28 , 2017 , the Planning Comm ission reviewed the proposed ordinance .
The Planning Commission recommended that the City Coun ci l adopt Ordinan ce No .
17-1022 .
5 . On April 18 , 2017 , the City Council held a noticed publi c hearing to discuss the
proposed ordinance. The City Council considered several c hanges to the ord i nan ce ,
noted in the analysis se ction below , and directed that it be sent back to the Plann ing
Commission for additional re view.
6. On May 9 , 2017 , the Planning Commission reviewed the proposed changes to the
ordinance and provided a recommendation to the City Coun c il for each p ro posed
change . The Planning Commission recommended that t he City Coun c i l adopt
Ord i nance No .1? -1 022 , with proposed c hanges .
7 . On June 8 , 2017, the notice of the public hearing was published in the newspaper.
ANALYSIS:
On April 18 , 2017 , the City Council reviewed the proposed ord i nance perta in ing to the
regulation of ADU 's . The City Council considered changes to the ord i nance not p revious ly
considered by the Planning Commission and therefore directed staff to take the ordinance
back to the Planning Commission for their input on these matters . The additional changes
include :
• Limiting the number of accessory structures to one per lot;
• Allowing lots with a main house that is less than 1 ,280 square feet to constru ct an ADU
up to 640 square feet ;
• Increasing the maximum allowed height for an ADU to 18 feet ; and
• Increasing the required rear yard setback for an ADU to 15 feet
After analyzing the above issues (see the May 9 , 2017 Planning Comm ission Staff
Report , Attachment "B"), the Planning Commission and planning staff recommend the
following :
• Limit the number of accessory structures to one per lot, and exempt the requ ired
garage parking from being counted towards the maximum number of a ccessory
structures per lot.
• Allow lots with a main house that is less than 1 ,280 square feet to construct an ADU
up to 640 square feet.
• Increase the maximum allowed height for an ADU to 18 feet and the top plate to ni ne
feet.
City Council
June 20 , 2017
Page 3 of 4
• Set the required rear yard setback for an ADU at ten feet.
As the Planning Commission discussed the above issu es, the commissioners and
planning staff expressed a preference for encouraging detached ADUs over attached
AD Us . The reason for this preference is that the former requires the applicant to provide
parking onsite , while the latter does not. Applying this principle , the Commiss ion
recommended that required garages not be counted toward the total number of accessory
structures on a lot. Property owners are more likely to build an attached ADU if an existing
detached garage is counted as an accessory structure.
Additionally, the Commission recommended that the rear yard setback for a new ,
detached ADU be set at ten feet. The Zoning Code currently does not require a setback
for a non-habitable structure located in the rear one-third of a property. In many
jurisdictions , the minimum setback for an accessory structure is five feet. The proposed
ten -foot setback would double the prevailing standard , providing sufficient space for
buffering. Larger rear yard setbacks in combination with the required ten-foot setback
between the ADU and the main dwe lling , provides limited space to locate a detached
ADU and encourages applicants to attach the ADU to the main structure . Attaching AD Us
to the main structure removes the req uirement for onsite parking .
The proposed ordinance addresses the unique characteristics of T emple City's residential
districts and compl ies with the recently enacted changes to the California Government
Code .
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 Strateg ic Goals of Public Hea lth
and Safety and Quality of Life .
City Council
Ju ne 20 , 2017
Page 4 of 4
FISCAL IMPACT:
The proposed ordina nce would have no impact on the Fisca l Year 2016 -17 City Budget.
ATTACHMENTS:
A. Ordinance No. 17-1022
B . May 9 , 2017 Planning Commission Staff Report
ORDINANCE NO . 17-1022
AN ORDINANCE OF T HE C IT Y COUNC IL OF THE CITY OF
TEMPLE C ITY , CALIFOR NI A , AMEND IN G TITLE 9 , CHAPTER 1
OF T HE TEMPLE CITY MUN ICIPAL CODE PERTAINING TO
THE REGULATION OF ACCESSORY DWE LLI NG UNITS AND
AMENDING TITLES 5 AND 9 OF THE TEMPLE CITY
MUN ICIPAL CODE TO MAKE ADMINISTRATIVE CHANGES
Attachment A
WHEREAS , The City of Temple City ("C ity") has adopted a General Plan to ensure a well-
plan ne d and safe community; and
WHEREAS , Protect ion of public health , safety, and we lfa re is fully articulated in the General
Plan ; and
WHEREAS , State la w requires that the City's zoning ord inance , fo un d 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 z oning ordinance to brin g it into
conformity with State la w and to address public health , safety, and welfare concerns that have arisen
since the last update of the ordinance ; and
WHEREAS , Assembly Bill 2299 and Senate Bill 1069 amended California Government
Code Sections 65852.1 and 65852.2 pertaining to accessory dwelling units and authorizes l ocal
agencies to adopt an ordinance that complies with the new standards ; and
WHEREAS , the City currently regulates adult-orien t ed businesses and th i s Ord inance
further makes administrati ve and non-substantive changes to certa in adu lt-oriented business
provisions solely for the purpose of reorganizing the T C MC ; and
WHEREAS , On April 18 , 2017 and June 20, 2017 , the City Council held noticed public
hearings and on June 20, 2017 , introduced for first reading by title only Ordinance No. 17-1022,
amending Title 9 , Cha pter 1 of the Temple City Mun icipal Code Pertaining to the Regulat ion of
Accessory Dwelling Units ; waived further reading ; and scheduled a second reading and adoption of
the ordinance for July 5 , 2017 .
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS :
SECTION 1 : The definition of "SECOND UNI T" in Section 9-1A-9 of the TCMC is hereby amended
to read as follows , and th e definition is relocated within the section t o maintain alphabeti cal order.
SECOND UNIT Accessory Dwelling Unit: An attached or detached res iden t ial dwelling unit that
may be attached to the main dwelling , lo cat ed within the living area of the main dwelling , or
detached from the main dwell ing, which provides complete independent living facil ities for one or
more persons . It sRaU must include pe rman ent provisions for living , sleeping , eating , cook ing and
sanitation and be located on the same parcel as a single-family dwelling .
SECTION 2 : The defi nit ion of "GUESTHOUSE" in Section 9-1A-9 of the TCMC is hereby deleted in
its entirety .
Ordinance No. 17-1 022
Page 2 of 4
SECTION 3: Section 9-1 E-1 .8 . of the TCMC (Minor Site Plan Rev iew) is hereby amended to read
as follows :
1. New two-story sing le-family residences or additions above the first sto ry to a single-fam ily
residence that are not part of an accessory dwelling unit;
SECTION 4 : Section 9-1E-7.C of the TCMC (Zoning Clearance ) is hereby amended to read as
follows :
C . Applicab ilit y : Zoning c learances are not conside red d iscretionary for purposes of the Cal iforn ia
environmenta l quality act (CEQA). A zon ing clearance shall be required at the time of department
review of any building , grading or other construction perm it , or other authorization required by this
zoning code for the proposed use . The fo llowin g constructi on is subject to a zoning clearance :
1. All single-story , new, single-fam ily residences ;
2 . Single-story additions to s ingle-fam ily residences ;
3. Single-story accessory struct ures;
4 . Accessory dwell ing u nits inclu di ng second story units ;
~ 4:-All fen c es and wa ll s ;
~&.-All pools , spas, and the ir related equ ipment;
L &,-All res idential patio covers ;
!L +-:Any proposed demoliti on , where new construction is not proposed ;
§!. 8 . A ll commercial , industrial , mi xed u se , and institutional tenant improvements, p rovided no
ext erior c hanges are proposed ;
10.9 Any other construction that requires a bu ild ing permit but does not require a major or minor
s ite plan re v iew.
SECTION 5 : Section 9-1 F-1 0 . of the TCMC (Conditi onal Use Permit) is hereby amended to e xempt
accessory dwe ll ing units from req ui ring a cond it iona l use permit. T he rema ining items in the list are
not amended .
A Any detached accessory build ing , except for an accessory dwell ing un it , over f ive h undred
(500 ) square feet in size . o r 'Nheneve r there is mo re than five hund red (500) sq u are feet of
ac cessory b uilding space o n a lot , whether in one b uilding or mult iple buildings.
SECTION 6: Section 9-1 J-2 of the TCMC (Parki ng Spaces Requ ired ) app li cable to "Second Un it"
and "Guesthouse" uses are hereby amended to read in pa rt as follows . The remain ing rows of the
table are not amended .
9-1J-2: PARKING SPACES REQUIRED:
The off street parking spaces requ ired for each use permitted by this chapter, shall be not less
th an th e f ollowing , provided that in no case shal l there be less than three (3) spaces per
commercial or manufacturing un it and further provided that an y fractiona l parking space shall be
computed as a whole :
I Use I Number of Off Street Parking Spaces Required
2 parking spaces , each of whi c h shall be in a garage . ~aid
Accesso[V Dwelling Unit parking A=la~ be in tandeA=!. See Section 9 -1T-10.
~econd unit
Ordinance No. 17-1022
Page 3 of 4
Gues!house Jl ~=== ~:::: whish shall be in a garage . Sai9 11
SECTION 7: Section 9-1 M-10.B (Zone R-1 Perm itted Uses) of the TCMC is hereby amended to
add the following as an accessory use :
Accessory Dwell ing Units subject to the requirements of Sectio n 9-1T-10.
SECTION 8: Section 9-1 M-11 .8 (Zone R-1 Lim itati ons of Uses) of the TCMC is hereby amended to
read as follows :
Acces sory Structures : Accessory structures must be limited to o ne per lot , in cludin g accessory
dwellin g units , pool houses, workshops, shed , and the like , bu t not includ ing required garages. On
lots improved with a main dwell ing that is greater tha n or equ al to 1 ,280 square feet, the maximum
area fo r accessory structures on a lot-excluding requ ired park ing-must not exceed 1,800 square
feet or 50 percent of the living area of the main dwelling , whichev er is smaller. On lot s improved wi th
a main dwelling that is less than 1,280 square feet the maxim um area for all accessory structures
on a lot-excluding required parking -must not exceed 640 sq ua re feet.
SECTION 9: Section 9-1M-20.A (Zone R-2 Permitted Uses) of the TCMC is hereby replaced to read
as follows.
3 . Accessory dwelling un its are permitted as set forth in Section 9-1 T -10 .
SECTION 10 : Section 9-1 M-30.A.2 .c (Zone R-3 Permitted Uses) of the T CMC is amended as
fo llows:
c . Accessory dwelling un its are permitted as set forth in Section 9 -1 T -10 of t h is article .
SECTION 11: A new Sectio n 10, entitled Access ory Dwelli ng Units, is hereby added to Title 9,
Chapter 1, Art icle T of the TCMC , as set forth in E xhibit "A" to this ordinance, which is in corp orated
he rein by reference.
SECTION 12 : Section 9-1T-3 of the TCMC is hereby re-num bered to read as fo llows:
• Subsections A through R under Section 9-1T-3 shall be made subsections of a new section
9-1 T -3 A (Fi ndi ngs) and shall be relabeled as subsectio ns 1 throu g h 18.
• Existi ng section 9-1 T -3 .1 shall become 9-1 T -3 . B,
• Exist ing section 9-1T-3.2 shall become 9-1T-3 .C
• Existing section 9-1T-3.3 shall becom e 9 -1T-3 .D
• Existing section 9-1T-3.4 sha ll become 9-1T-3 .E
• Exi st in g section 9-1T-3 .5 shall become 9 -1T-3 .F.
All subsections under 9-1T-3 shall be relabeled app ropriately -existing le tters A th rough Z shall
become 1 thro ug h 26; 1 through 26 shall become a throu gh z.
SECTION 13: Sectio ns 9-1T-3.6 throu gh 9-1 T -3 .29 inclusive are hereby relocated to T itle 5, Chapter
2 . A new Art icle F is hereby added to T itle 5 , Chapter 2 . All subsections under 5-2F shall be relabeled
appropriately -exist ing letters A through Z shall becom e 1 through 26 ; 1 through 25 shall become a
through z .; a through z shall become i throug h x.
Ordinance No . 17-1 022
Page 4 of 4
SECTION 14: Projects that have been submitted , but not deemed complete, prior to the effective of
this Ordinance shall comply with the provisio ns of th is Ordinance. Th is Ordinance does not apply to
projects deemed complete prior to the effecti ve date of this Ordinan ce .
SECTION 15: The City Council hereby declares that, sho uld any provision , section , subsection,
paragraph, sentence , c la use, phrase, or word of this Ordinance or any part thereof, be rendered or
declared in va li d or unconstitutio na l by any final court action in a court of competent jurisdiction or by
reason of any preemptive legis lation , such decis ion or action sha ll not affect the validity of the
rema in ing section or portions of the Ordinance or part thereof. The City Council he reb y declares that
it wou ld have independently adopted the remain ing provisio ns , sections, subsections , paragraphs,
sent ences , clauses, ph rase s, 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 16: The City Council finds that this Ordinance is not subject to environmental review
under the Ca li fornia Environmenta l Quality Act ("CEQA") pursuant to CEQA Gu ideli nes Section
15305 pertaining to m inor alterations to land use limitat ions and Section 15061 (b)(3) because it can
be seen w ith certainty that the O rdinance has no possibility of a sign ificant effect on the environment.
SECTION 17: The Ci ty C lerk shall certify to the passage and adoption of this Ordinance and to its
approval by the Mayor and sh all ca us e the same to be published acco rding to law.
PASSED , APPROVED , AND ADOPTED th is 5th day of July , 2017 .
Cynth ia Ste rn qu ist, Ma yor
ATTEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk Eric S . Vail , City Attorney
EXHIBIT A
A new Section 10 is hereby added to Art icle T of Chapter 1 of Title 9 of the Temp le Ci ty
Municipa l Code , t o read as fo llows :
TITLE 9. ZONING REGULATIONS
CHAPTER 1. ZONING CODE
ART ICLE T. SPECIAL USES
SECTION 10. ACCESSORY DWE LLING UNITS
A. App licability: Accessory dwelling unit s w ill be permitted in all residentia l zones subject to the
requi rements of t his Section .
B. Development Standards :
1. Any accessory dwelling unit, whethe r attached , detached, or located with in an exi sting
dwelling is calc ul ated toward the maximum permitted floor area ratio and lot coverage .
Construction m ust be in full com pli ance with all applicable zon i ng criteria fo u nd in Article
M (Residentia l District s), except as modi fi ed by this Section .
2 . The lot on which the accessory dwelling unit is located must be improved with one single-
family dwelling . An accessory dwell ing unit is not allowed on lots with more than one single
family dwelling, multifamily dwel lings , an existing accessory dwelling un it , or other
nonconforming uses .
3. The single-fa mil y dwelling will be owner occupied .
4. The accessory dwelling unit may n ot be sold sepa rately from the single-famil y dwelling ,
but may be rented for periods of not less than 30 days .
5. An accessory dwelling un it may be det ached , attached , or located within the liv ing area of
the ma in dwelling or another accessory structure .
a . If the accessory dwelling unit is detached , it must comp ly with the size li mitations for
accessory structures in Section 9-1 M-11 and must not exceed 1,200 square feet and
must be single-story . The maximum height of the structure must not exceed 18 feet,
measured from the natural grade to the highest roof ridge or parapet. The height of
the top p late must not exceed nine feet.
b . If the accesso ry dwell ing unit is attached o r locat ed within the mai n dwell ing , it must
not exceed a size equa l to 50 percent of the mai n dwelling , with a maxi mum floor area
of 1,200 squa re feet.
6. All accessory dwelling un its must be located on the rear 50 percent of the lot.
Ordinance No . 17-1022
Exhibit A
Page 2 of 3
7 . Th e minimum side yard setback for a newly constructed detached accessory dwelling u nit
is 5 feet.
8. The minimum rear yard setback for a newly constructed detached accessory dwelling unit
is 10 feet.
9. The existing side and rear yard setback may be maintained for an existing garage or other
permitted existing accessory structure that is converted to an accessory dwelling unit.
1 0. An addition to a legally non-conforming accessory structure for the purpose of creating an
accessory dwelling unit shall comply with the provisions fou nd in Section 9-1 H-8 (Add itions
to Nonconforming Structures).
11 . The accessory dwelling unit may share util ity con nections and meters wi t h the main
dwelling , or may be separately connected and metered. Util ities must be upgraded as
deemed necessary by the Building Official t o comply with the applicable codes , including
but not lim ited 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
following 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 5 foot landscaped buffer
is provided between the nearest property line and the parking area .
c. The required parking for a detached accessory dwelling un it must be independe nt fro m
required parking for the existing main dwelling and must not block access to the
required parking for the main dwelling .
2. Accessory dwelling units attached to, or lo cated within the ma in dwelling , or an accessory
structure legally constructed prior to the ad option of this code do not requ i re parking .
3. When a garage or carport is conve rted or demolished in conjunction wi t h the construction
of an accessory dwelling unit, the replace ment spaces may be located in any configuration
on the same lot , including , but not limited to , as covered spaces , uncovered spa ces, or
tandem spaces , or by the use of mechan ical automobile park ing lifts .
4 . No parking is required for a detached or attached accessory dwelling un it in any of the
follo wi ng ci rcumstan ces :
a . Th e accessory dwelling unit is located with in one-ha lf m ile of a park and ride facility or
a bus stop , which operates reg ularl y with headways of fifteen minutes or less .
b. The accessory dwelling unit is located with in a designated historic d i strict.
Ordinance No . 17-1 022
Exhibit A
Page 3 of 3
c. When on-street parking permits are requ ired but not offered to the occupant of the
accessory dwelling unit.
d. When there is a car share vehicle hub or pick-up location located within one block of
the accessory dwelling un it.
D. Design Standards :
The follow ing design standards will apply to all accessory dwelling units:
1. The doors to all accessory dwelling units must not be visible from the public right-of-way .
If the accessory dwell ing unit is loca ted on the second floor of the main dwelling , the stairs
leadi ng to the unit must be located on the interior of the structure .
2. All attached and detached accessory dwelling units must have 15-gallon hedges planted
5 feet on center along the side and rear property lines nearest the structure. Th is is not
requ ired for the conversion of an existing structure to an ADU if the setbacks are less than
five feet.
3. An attached and detached accessory dwelling units must have a view obscuring six-foot
high wall or fence in good repair along the side and rear property l ines nearest the
accessory dwelling units.
4 . There must be a minimum of 400 square feet of open space for the accessory dwelling
unit with d imensions of no less than 10 feet. The open space will be accessible to the
accessory dwelling unit. Features such as landscape and hardscape materials , swales ,
mounds , and garden walls will be used to c reate open space that is distinct from other
areas and uses on the lot.
5. There must be a minimum building separation of ten feet (measured eave to eave ) from
any other buildings on the lot and a five -foot distance from pools, spas , or the like .
6. All accessory dwell ing units must be co nsistent with the architectural style of the main
dwelling including but not limited to the roof pitch , articulation , window size , proportion of
window units to wall size , direction of open ing , muntin pattern , exterior build ing materials ,
lighting fixtures , garage door design , and paint colors .
ATTACHMENT B
City of Temple City
Ill
Planning Commission
Staff Re p ort
May 9, 2017
FILE: PL 16-579
ADDRESS : Citywide
DESCRIPTION : Zoning Code Amendments Pertaining to the Regulation of Accessory
Dwell i ng Units
APPLICANT : City of Temp le City (staff-initiated)
PROJECT PLANNER: Andrew Coyne, Management Analyst
ENVIRONMENTAL REVIEW : This project is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15305 (M i nor Alterations in Land Use
Limitations) an d 15061(b)(3) of the California CEQA Guidelines.
RECOMMENDATION : Adopt the attached Resolution recommending that the Ci ty Council
adopt the proposed ordinance
SUMMARY:
On February 28, 2017, the Planning Commission approved Resolution No. 17-2499 PC , recommending
that the City Council adopt proposed Ordinance 17-1022 pe rtai n ing to the regulation of accessory
dwelling units (ADUs). At that meeting, the Planning Commission recommended the following additions
be made to the proposed ordinance:
• Limit i ng the number of accessory structures to two per lot
• Setting the maximum cumulative size of all accessory structures on a lot at 1,800 square feet or
50 percent of the main dwelling, whichever is less
• Requiring that ADUs be located on the rear 50 percent of a lot
• Requiring that the requ i red open space for the ADU be d i stinct by design
On April 18, 2017, the City Council rece ived the recommendat ions made by the Planning Commission
and staff, and agreed with most of the provis i ons of the proposed ordinance. During the pub lic hearing,
two members of the pub lic provided comments on the proposed ordinance. One publ ic speaker
recommended increasing the maximum AD U height to match the height of a single story main dwelling,
which is 18 feet. The second speaker recommended eliminating the ma ximum size of accessory structures
as it disproportionately affects lots improved with smaller houses . The City Council cons idered these
comments and additiona l changes to the ordinance and referred the matter back to the Planni n g
Commission for additi ona l review . The addition al changes the City Council referred back to the Planning
Commi ssion for further consideration include:
May 9, 20 17 Plan ning Commission M ee t in g
A cc essory Dwe ll ing Un it O rdinan ce
File: PL 16-579
• Limiting the number of accessory stru ctu res to one per lot.
• A ll owing lots with a main hou se that is l ess t han 1,280 square feet to co nstruc t an ADU up to 640
square feet in size.
• Increasi ng the maximum allowed height for an ADU to 18 feet.
• Increasi ng the required rear y ard setbac k for an ADU to 15 feet to be consistent with the required
rear yard setback for the ma i n dwelling.
The changes proposed by staff, given the direction of the City Council on April18, 2017, are noted in the
Ordinance in red (Attachment 1).
ANALYSIS :
The following is an ana lysis of the items referred ba ck to the Planning Commission for further
consideration. The Planning Comm ission is reque sted to provi de a recommendation on these items. For
a fu ll discussion of the proposed Ordinance, see the staff report, dated February 28, 2017 i n Attachment
2.
Item Explanation and Analysis
Number of Accessory Structures Per Lot
On February 28 , the Pla nning Commission The City Council i s considering reducing the
recommended that two accessory structu re s be number of accesso ry structu res to one structure
allowed per lot, including ADUs , garages, and other per lot. Reducing the number to one per lot
accessory structu res. would mean that a lot could only have one of
Maximum Size For Accessory Structures
the following : detached garage, ADU , or other
accessory structure. Establishing a lim it of one
accessory structure per l ot may indirectly
encourage property owners to build attached
ADUs instead of detached ADUs. Attached ADUs
do not have any parking requirements.
Mi nimizi ng the number of accessory st ructures
may reduce the i llega l conversion of accessory
structures to li ving area.
Recommendation : Limit the number of
accessory structures to o ne per lot and exempt
the required garage parking from being counted
toward s th e ma ximum number of accessory
structures.
The Planning Commissio n previously recommended The intent of the proposed ord inance is to
that the maximum cumulative size for all accessory comply w ith changes in State l egislation
Page 2
May 9, 2017 Plann ing Commissio n M eeting
Accessory Dwe lling Unit Ordinance
File: PL 16-579
structures on a lot be set at 1,800 square feet or 50
percent of the main dwell i ng , whichever is smaller.
requiring jurisdictions to reduce restrictions on
ADUs. On lots with a main dwel li ng less than
1,280 square feet 1n s1ze , the proposed
ordinance is more restrictive. The City 's current
regulations allow the construction of second
units up to 640 square feet. Under the originally
proposed ordinance, a lot with a main house
that is less than 1,2 80 square feet would not be
allowed to construct an ADU of that size. The
City Council is considering adding a provision
that wou ld allow lots with a main dwelling of less
than 1 ,280 square feet to bui ld an ADU up to 640
square feet.
Recommendat ion: Allow lots with a ma1n
dwelling of less than 1,2 80 square feet to build
an ADU up to 640 square feet.
MaximumHe!ghtforA~_U_s ___________________ ~----------------------------------~
The p revious recommendation was for a maximum
ADU he ight of 15 feet, which is what the zoning
code currently requires for accessory structures.
Required Rear Yard Setback for ADUs
Staff previously recommended a five -foot re ar yard
setback for new detached ADUs. On February 28, the
Plann i ng Commission recommended it be inc reased
to 10 feet.
At the A p ril 18, 2017 City Counci l meeting, a
public speaker recommended raising the
maximum height for an ADU to 18 feet to match
the height requirement for sin gle story houses.
The speaker stated that such a height wou l d
provide more flexibility i n designing the ADU
roof.
Recommendation: Set the maximum ADU
height to 18 feet and the top plate he ight to 9
feet. The top plate is the horizontal framing
member t hat caps an exterior wall and supports
rafters or roof framing.
The City Counc il is considering increas in g the
rear yard ADU setback to 15 feet, in order to be
consiste nt with the required rear yard setback
for the mam dwelling. Th is may indirectly
encourage property owners to bu il d attached
ADUs instead of detached ADUs . A detached
ADU is preferable to an attached ADU , since it
would require parking spaces.
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May 9, 2017 Planning Commission Meeting
Accessory Dwelling Unit Ordinan ce
File: PL 16-579
FINDINGS :
Recommendation: Maintain a 10-foot rear yard
setback, as t h is will adequa t ely ensure the new
ADU does n ot adverse ly affect the neighboring
property, while at the same time providi n g
property owners with an adequate area to
construct a d etached AD U. The 10-foot set bac k
is greate r t ha n what is currently require d fo r
accessory structures in the rear third of a lot.
TC M C Section 9-1G-O provi d es that the Zon i ng Code may be "ame nded whenever t h e public interest and
necessity so require." The re are no specific fi nd ings required to amend the Zoning Code or other titl es
of the M unicipal Code.
ENVIRONMENTAL REVIEW:
This proj ect is exempt from envi ronmental review u nder the Cali f ornia Environment al Quality Act (C EQA)
p urs uant t o Sectio n 1530 5 of t h e CEQA Gu id elin es pertaining to m inor alterations to la n d use limita ti o n s
and Sect i on 15061(b)(3) of the CEQA Gu i d el i n es because it ca n be seen with certainty to have no
possibi lit y of a significant effect on the environment.
RECOMMENDATION:
Adopt the attached reso lution recommendi n g that the City Cou ncil adopt the proposed ordinance.
ATTACHMENTS :
1. Planning Commissi on Resolution and Ord i nance
2. February 28, 2017 Pl anning Commission Staff Report
3. Ap ri l 18, 20 17 City Co uncil Staff Re po rt
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