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HomeMy Public PortalAboutCity Council_Ordinance No. 19-1034_Flag and Tier Lots_6/18/2019_RegularORDINANCE NO. 19-1034 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE WHEREAS, the City of Temple City ("City") has adopted a General Plan to ensure a well-planned and safe community; and WHEREAS, protection of public health, safety, and welfare is fully articulated in the General Plan; and WHEREAS, State law requires that the Temple City Zoning Code, found in 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 Code 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 Zoning Code. ' THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS: SECTION 1: TCMC Section 9-1A-9 is hereby amended to add the following definitions in alphabetical order: FLAG LOT: An irregularly shaped lot or parcel of land resembling a flag on a pole, located to the side and/or rear of another lot, with street frontage and access from the street to the main body of the lot ("flag" portion) provided by a narrow strip of land that is owned in fee ("pole" portion). FRONT LOT: A lot or parcel of land with frontage on a public street that is located in front of a flag lot or tiered lot. TIERED LOT: A lot or parcel of land without frontage on a public street that receives vehicular access by way of a private driveway, access easement, or a public street that does not meet the City's minimum standards for a street. SECTION 2: TCMC Section 9-1M-12.B.g is hereby deleted in its entirety: g. No "flag lot" GFeated undeF thePFGVi6iGR6ef this serstion shall be iFnPFGved with any ctn 1Gt ire whooh e verb n steny or twenty feet (20') in height Ordinance No. 19-1034 Page 2 of 3 SECTION 3: TCMC Section 9-1 M -12.E.1 is hereby amended in its entirety to read ' as follows: 1. Exception for certain lots: Notwithstanding the above, the maximum height of a dwelling must not exceed one story and 18 feet if the dwelling is on a a. flag lot; b. tiered lot; c. front lot; or d. lot with less than 35 feet of frontage on a public street. SECTION 4: The City Council 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 will not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council 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 5: The City Council, in light of the whole record before it, including but not limited to, any evidence (within the meaning of Public Resources Code Sections 21080(e) and 21082.2) within the record or provided at the public hearing of this matter, hereby finds and determines that the project is exempt from California Environmental Quality Act ("CEQA") pursuant to Section 15305 (Minor Alternations to Land Use Limitations) of the CEQA Guidelines. The City Council also finds that the proposed Ordinance is exempt in accordance with Sections 15378, 15060(c)(2), and 15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the proposed Ordinance will have a significant effect on the environment. SECTION 6: 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. Ordinance No. 19-1034 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 18th day of June, 2019. ATTEST: PJ4�2� Peggy KK o, City Clerk GregoryKfurphy, City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 19-1034 was introduced at the regular meeting of the City Council of the City of Temple City held on the 4th day of June, 2019, and was duly passed, approved, and adopted by said Council at the regular meeting held on the 18th day of June, 2019, by the following vote: AYES: Councilmember —Man, Sternquist, Yu, Chavez, Fish NOES: Councilmember— None ABSENT: Councilmember — None ABSTAIN: Councilmember— None