Temple City ADU / Granny Flat Ordinance

http://caladu.org/ordinance/Temple-City-09-19-2017.pdf

August 28, 2017

City of Tempie City

PLAN NING DIVISION

626-656- 7316 email:planning@templecity .us

City of Temple City 9701 Las Tunas Drive Temple City, CA 91780

California Department of Housing & Community Development 2020 West El Camino Avenue

Sacramento,CA 95833

Subject: Accessory Dwelling Unit Ordinance

To WhomIt May Concern:

Attached is a copy of the City of Temple City’s Accessory Dwelling Unit Ordinance. t was adopted on July 5,2017 and took effect August 4, 2017. Should you have any questions about the ordinance, you may contact me at (626) 6567316 Ext 4344 or acoyne@templecity.us.

Respectfully,

Andrew Coyne Management Analyst

Housing Policy Department Received on:

ORDINi\NCE NO. 171022

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDI NG 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

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 Citys zoning ordinance,found at Title 9, Chapter 1 of the Temple City Municipal Code rTCMC), 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 adultoriented 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 Accessory Dwelling Unit: An attached or detached residential dwelling unit that may be attached to the main dwelli ng, l ocated withi n the l i ving area of the mai n dwelling, or detached from the main dwelling. which provides complete independent living facilities for one or more persons. It must include permanent provisions for living, sleeping, eating, cooking and sanitation, and be located on the same parcel as a single-family dwelling.

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SECTION 2: The definition of GUESTHOUSE in Section 9-1A-9 of the TCMC is hereby deleted I

in its entirety.

SECTION 3: Section 9-1E-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 residen<e that are not part of an accessory dwelling unit;

SECTION 4: Section 91E-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;

  5. 4-: All fences and walls;

  6. &.- All pools, spas, and their related equipment;

  7. All residential patio covers;

8. +-,. Any proposed demolition, where new construction is not proposed;

. 8. 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 9-1J-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: I

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Use L Nu ber of Off Seet Parking Spaces equired

1 2 park pas;;-;;aGh ef whiGR shall Be iR a gara;Je. Said

Accessory Dwelling Unit

Second unit

parkmg may be in tandem. See Section 9-1T-10.

Guesth_o_use=-““–= 1 2 JJarkiRg spases, eash el whish sh:lee iA a garage. s-;,;’

parking may be in tandem.

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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 91T-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 i ncluding requi red garages . On lots i mproved 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 l i ving area of the main dwelling, whichever i s smaller . On l ots i mproved 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 91M-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 91M-30.A.2.c (Zone R-3 Permitted Uses) of the TCMC is amended as follows:

  1. Accessory dwelling units are permitted as set forth in Section 91T1O 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 91T-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 91T-3.4 shall become 9-1T3.E
    • Existing section 91T-3.5 shall become 9-1T-3.F

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All subsections under 9-1T-3 shall be relabeled appropriately existing letters A through Z I

shall become 1through 26; 1 through 26 shall become a through z.

SECTION 13: Sections 91T-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 appropriately existing letters A through Z shall become 1 through 26; 1 through 25 shall become a through z; a through z shall become ithrough 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 I

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 5th day of July, 2017.

ATIEST:

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I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 17-1022 was introduced at the regular meeting of the City Council of the City of Temple City held on the 20th day of June, 2017, and was duly passed, approved and adopted by said Council at the regular meeting held on 5th day of July, 2017 by the following vote:

AYES: NOES: ABSENT: ABSTAI N:

Councilmember Chavez, Fish, Yu, Man, Sternquist Councilmember None

Councilmember None Councilmember None

rr )- I

Peggy Kuo, City Clerk

I

I

EXHIBIT A

A new Section 10 is hereby a·dded to Article T of Chapter 1 of Title 9 of the Temple City

Municipal Code, to read as follows: I

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.

  1. 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.

    1. 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.

    1. The single-family dwelling will be owner occupied.
    1. 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.
    1. An accessory dwelling unit may be detached, attached, or located within the living area of the main dwelling or another accessory structure.
      1. If the accessory dwelling unit is detached , it must comply with the size limitations for accessory structures in Section 9-1M-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.

      1. 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.

    1. All accessory dwelling units must be located on the rear 50 percent of the lot. I

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Page 2 of 3

    1. The minimum side yard setback for a newly constructed detached accessory dwelling unit is five feet.

    1. The minimum rear yard setback for a newly constructed detached accessory dwelling unit is 1O feet.

    1. 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. 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 91H-8 (Additions to Nonconforming Structures).

    1. 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.

    1. Accessory dwelling units are subject to park construction fees per Section 9-5-2.
  1. Parking Requirements:
    1. Detached accessory dwelling units will provide one parking space per bedroom. The following standards will apply:

      1. Parking may be in tandem in a structure or on a driveway.
      1. 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.

      1. 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.

    1. 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:

Page 3 of 3

    1. 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.

    1. The accessory dwelling unit is located within a designated historic district.
    2. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
    3. When there is a car share vehicle hub or pick-up location located within one block of the accessory dwelling unit.
  1. 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.

    1. 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.

    1. 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.

    1. There must be a minimum of 400 square feet of open space for the accessory dwelling unit with dimensions of no less than 1O 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.

    1. 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.

    1. 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.

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