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HomeMy Public PortalAbout10) 7B 2nd reading and adoption of Ordinance No 17-1022 Accessory Dwelling UnitsAGENDA ITEM 7.8. COMMUNITY DEVELOPMENT D E PARTM E NT MEMORANDUM DATE: July 5 , 2017 TO: The Honorable City Council FROM: Bryan Cook, City Manager Via : Michael D. Forbes, Community Development Director By: Andrew Coyne, Management Analyst SUBJECT: SECOND READING AND ADOPTION 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 adopt and waive further reading of Ordinance No. 17- 1022 (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. BACKGROUND: On June 20 , 2017, the City Council introduced Ordinance 17-1022 for first reading , by title only , amending Title 9, Chapter 1 of the Temple City Municipal Code pertaining to the regulation of ADUs and amending Titles 5 and 9 of the Temple City Municipal Code to make administrative changes. ANALYSIS: The proposed Ordinance revises the Temple City Municipal Code to comply with recently enacted changes to the California Government Code pertaining to the regulation of AD Us . The Ordinance addresses the unique characteristics of Temple City's residential districts by providing design standards for attached and detached ADUs . On June 20, 2017 the City Council considered changes to the proposed Ordinance that were recommended by City Council July 5, 2017 Page 2 of2 the Planning Commission on May 9, 2017. The City Council agreed with the changes recommended by the Commission. They include: • Limiting the number of accessory structures to one per lot, and exempting the required garage parking from being counted towards the maximum number of accessory structures per lot; • Allowing lots with a main house that is less than 1,280 square feet to construct an ADU up to 640 square feet; • Increasing the maximum allowed height for an ADU to 18 feet and the top plate to nine feet; and • Establishing the required rear yard setback for an ADU at ten feet. 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 2017-18 City Budget. ATTACHMENTS: A. Ordinance No. 17-1022 B. June 20, 2017 City Council Staff Report ORDINANCE NO. 17-1022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, 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 Attachment A WHEREAS, The City of Temple City ("City") has adopted a General Plan to ensure a well- planned and safe community; and WHEREAS, Protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the City's zoning ordinance, found at Title 9, Chapter 1 of the Temple City Municipal Code ("TCMC"), conform with the General Plan's goals and policies; and WHEREAS, it is necessary from time to time to update the zoning ordinance to bring it into conformity with State law and to address public health, safety, and welfare concerns that have arisen since the last update of the ordinance; 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 local agencies to adopt an ordinance that complies with the new standards; and WHEREAS, the City currently regulates adult-oriented businesses and this Ordinance further makes administrative and non-substantive changes to certain adult-oriented business provisions solely for the purpose of reorganizing the TCMC; 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, Chapter 1 of the Temple City Municipal Code Pertaining to the Regulation 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 UNIT" in Section 9-1A-9 of the TCMC is hereby amended to read as follows, and the definition is relocated within the section to maintain alphabetical order. SECOND UNIT Accessorv Dwelling Unit: An attacheEI er EletacheEI residential dwelling unit that may be attached to the main dwelling, located within the living area of the main dwelling, or detached from the main dwelling, which provides complete independent living facilities for one or more persons. It shall must include permanent provisions for living, sleeping, eating, cooking and sanitation, and be located on the same parcel as a single-family dwelling. SECTION 2: The definition of "GUESTHOUSE" in Section 9-1A-9 of the TCMC is hereby deleted in its entirety. Ordinance No. 17-1022 Page 2 of 4 SECTION 3: Section 9-1 E-1.8 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 9-1E-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-c All fences and walls; §.,&.-All pools, spas, and their related equipment; L. €h-All residential patio covers; §.,+-,Any proposed demolition, where new construction is not proposed; ~. S. All commercial, industrial, mixed use, and institutional tenant 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 Permit) is hereby amended to exempt accessory dwelling units from requiring a conditional use permit. The remaining items in the list are not amended. A. Any detached accessory building, except for an accessory dwelling unit, over five hundred (500) square feet in size. or whenever there is more than five hundred (500) square feet of accessory building space on a lot, whether in one building or multiple buildings. SECTION 6: Section 9-1 J-2 of the TCMC (Parking Spaces Required) applicable to "Second Unit" and "Guesthouse" uses are hereby amended to read in part as follows. The remaining rows of the table are not amended. 9-1J-2: PARKING SPACES REQUIRED: The off street parking spaces required for each use permitted by this chapter, shall be not less than the following, provided that in no case shall there be less than three (3) spaces per commercial or manufacturing unit and further provided that any fractional parking space shall be computed as a whole: Use .. Jl Number.of Off Street Parking Spaces Required g s~aoo,s, each~f which shall be in a garage. Said Accessory Dwelling Unit ma'{i:Je-ifl tandem. See SectJon 9-1T-1 0. Second unit ~~·~·~~~~~~~~~. . Ordinance No. 17-1022 Page 3 of 4 st.h;~se lf2!a.r~{}~. aces, each of which shall be i.n. 1 ~ garage. Said II . J3afloog rna]Lbe 1n tandem. . ~~~d"==~~= 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 9-1T-10. 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 must be limited to one per lot, including accessory dwelling units, pool houses, workshops, shed, and the like, but not including required garages. On lots improved with a main dwelling that is greater than or equal to 1,280 square feet, the maximum area for accessory structures on a lot-excluding required parking -must not exceed 1,800 square feet or 50 percent of the living area of the main dwelling, whichever is smaller. On lots improved with a main dwelling that is less than 1,280 square feet, the maximum area for all accessory structures on a lot-excluding required parking -must not exceed 640 square 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 units are permitted as set forth in Section 9-1T-10. SECTION 10: Section 9-1 M-30.A.2.c (Zone R-3 Permitted Uses) of the TCMC is amended as follows: c. Accessory dwelling units are permitted as set forth in Section 9-1T-10 of this article. SECTION 11: A new Section 10, entitled Accessory Dwelling Units, is hereby added to Title 9, Chapter 1, Article T of the TCMC, as set forth in Exhibit "A" to this ordinance, which is incorporated herein by reference. SECTION 12: Section 9-1T-3 of the TCMC is hereby re-numbered to read as follows: • Subsections A through R under Section 9-1T-3 shall be made subsections of a new section 9-1T-3.A (Findings) and shall be relabeled as subsections 1 through 18. • Existing section 9-1T-3.1 shall become 9-1T-3.B • Existing section 9-1T-3.2 shall become 9-1T-3.C • Existing section 9-1T-3.3 shall become 9-1T-3.D • Existing section 9-1T-3.4 shall become 9-1T-3.E • Existing section 9-1T-3.5 shall become 9-1T-3.F All subsections under 9-1T-3 shall be relabeled appropriately-existing letters A through Z shall become 1 through 26; 1 through 26 shall become a through z. SECTION 13: Sections 9-1T-3.6 through 9-1T-3.29 inclusive are hereby relocated to Title 5, Chapter 2. A new Article F is hereby added to Title 5, Chapter 2. All subsections under 5-2F shall be relabeled Ordinance No. 17-1022 Page 4 of 4 appropriately-existing letters A through Z shall become 1 through 26; 1 through 25 shall become a through z; a through z shall become i through x. SECTION 14: Projects that have been submitted, but not deemed complete, prior to the effective of this Ordinance shall comply with the provisions of this Ordinance. This Ordinance does not apply to projects deemed complete prior to the effective date of this Ordinance. SECTION 15: 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 16: 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 17: 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 51" day of July, 2017. Cynthia Sternquist, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk 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. Applicability: Accessory dwelling units will be permitted in all residential 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. Construction must be in full compliance with all applicable zoning 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 unit 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 comply with the size limitations 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 plate must not exceed nine feet. b. If the accessory dwelling unit is attached or located within the main dwelling, it must not exceed a size equal to 50 percent of the main dwelling, with a maximum floor area of 1,200 square feet. 6. All accessory dwelling units must be located on the rear 50 percent of the lot. Ordinance No. 17-1022 Exhibit A Page 2 of 3 7. The minimum side yard setback for a newly constructed detached accessory dwelling unit is five 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. 10. An addition to a legally non-conforming accessory structure for the purpose of creating an accessory dwelling unit shall comply with the provisions found in Section 9-1 H-8 (Additions to Nonconforming Structures). 11. The accessory dwelling unit may share utility connections and meters with the main dwelling, or may be separately connected and metered. Utilities must be upgraded as deemed necessary by the Building Official to comply with the applicable codes, including 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 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 five-foot 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 not block access to the required parking for the main dwelling. 2. Accessory dwelling units attached to, or located within the main dwelling, or an accessory structure legally constructed prior to the adoption of this code do not require parking. 3. When a garage or carport is converted or demolished in conjunction with the construction of an accessory dwelling unit, the replacement spaces may be located in any configuration on the same lot, including, 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 unit in any of the following circumstances: a. The accessory dwelling unit is located within one-half mile of a park and ride facility or a bus stop, which operates regularly with headways of fifteen minutes or less. Ordinance No. 17-1022 Exhibit A Page 3 of 3 b. The accessory dwelling unit is located within a designated historic district. c. When on-street parking permits are required 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 unit. D. Design Standards: The following 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 dwelling unit is located on the second floor of the main dwelling, the stairs leading 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. This is not required 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 lines nearest the accessory dwelling units. 4. There must be a minimum of 400 square feet of open space for the accessory dwelling unit with dimensions 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 create 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 dwelling units must be consistent 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 opening, muntin pattern, exterior building materials, lighting fixtures, garage door design, and paint colors. ATTACHMENT B COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: June 20 , 2017 TO: The Honorable City Council 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. 17-1022 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. 17-1022 (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 July 5, 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 orde r to bring it into conformance with Assembly Bill 1866 . 2 . On July 1, 2003 , Assembly Bill 1866 took effect, which strictly limited the ability of cities to impose restrictions on AD Us and mandated that permits be issued for ADU·s 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 June 20, 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 18, 2017, the City Council held a noticed public hearing to discuss the proposed ordinance. The City Council considered several changes to the ordinance, noted in the analysis section below, and directed that it be sent back to the Planning Commission for additional review. 6. On May 9, 2017, the Planning Commission reviewed the proposed changes to the ordinance and provided a recommendation to the City Council for each proposed change. The Planning Commission recommended that the City Council adopt Ordinance No.17-1022, with proposed changes. 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 ordinance pertaining to the regulation of ADU's. The City Council considered changes to the ordinance not previously 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 construct 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 Commission 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 required garage parking from being counted towards the maximum number of accessory 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 nine 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 issues, the comm1ss1oners 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 Commission 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 dwelling, 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 requirement for onsite parking. The proposed ordinance addresses the unique characteristics of Temple City's residential districts and complies with the recently enacted changes to the California Government Code. FINDINGS: 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: 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. City Council June 20, 2017 Page 4 of 4 FISCAL IMPACT: The proposed ordinance would have no impact on the Fiscal Year 2016-17 City Budget. ATTACHMENTS: A. Ordinance No. 17-1022 B. May 9, 2017 Planning Commission Staff Report