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Home My Public Portal About09) 7D Second Reading and Adoption of Ord. 19-1034 Pertaining to Flag Lot and Tiered Lot Subdivision in R-1 ZoneAGENDA ITEM 7 .0 . COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE : June 18, 2019 TO : The Ho norable City Coun ci l FROM : Bryan Cook , City Manager Vi a : M ic hael D. Forbes , Com munity Deve lopmen t Director Scott Reimers , Pl an ning Manager By : Hesty Liu , Associate P lanner SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 19-1034 AMENDING TITLE 9 (ZONING REGULATIONS ), CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO FLAG LOT AND TIERED LOT SUBDIVISIONS IN THE R-1 ZONE RECOMMENDAT ION : T he City Council is requested to adopt and wa ive further read i ng of Ordinance No . 19- 1034 (Attac hment "A "), amend ing T it le 9 , Chapter 1 of t he T emple City M uni cipal Code (TCMC ) perta ining to th e d evelopment standa rds for the front lots of flag lot and t iered lot subd ivisions in t he R-1 Zone . BACKGROUND: On J une 4 , 2019 , the Ci t y Counci l introd uced Ordinance 19-1034 for first reading , by title only , amend ing T it le 9 , Chapter 1 of t he Temple City Mu n ic ipal Code to l imit t he bu ild ing hei g ht to one story and 18 f e et for t he front lot(s) of flag lot and tiered lot subd ivisions . T he building height a ll owed o n the fl ag lot was a lso c ha nged from 20 feet to 18 feet. ANALYSIS: T he p roposed Ord i nance will rev ise the Temple City Mun icipal Code to address some of t he co ncerns bought up by t he C ity Counci l at the meeting of Fe b ruary 5 , 20 19 . The O rd inance , whic h lim its t he bui ld ing height to one story for th e fron t lot (s) of any f lag lot or tiered lot subd ivision , wi ll have the benefi t of reduc ing the perce pt ion of intensity and provid i ng va riety in b uil d ing he ights al o ng the street. By co ntin uou s ly ma inta inin g the f lag lot subd ivision as City Council June 18, 2019 Page 2 of 2 an option for the R-1 Zone, the Ordinance will not reduce the City's ability to meet its regional housing obligation. CITY STRATEGIC GOALS : Adopting the proposed ordinance wou ld 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 2018-19 City Budget. ATTACHMENTS : A. Ordinance No . 19-1 034 B. June 4 , 2019 City Council Staff Report ORDINANCE NO. 19-1034 AN O RDI NANC E OF THE C IT Y COUNCIL OF THE CI T Y O F TEMPLE CITY, C ALIF O RN IA, AM ENDIN G T ITLE 9, CHA PTE R 1 O F T HE TE MPLE C ITY MUNI CIPAL COD E Attachme nt 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 articu lated in the Gene ral Plan; a nd WHEREAS , State law requires th at t he 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 t ime to time to update the Zon i ng Code to bring it into conform ity with State law and to add ress public health , safety , and welfare concerns that have arisen since t he last update of t he Zoning Code . THERE FORE , THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS : SECTION 1: TCMC Section 9-1 A-9 is hereby amended to add the following defi nitions in alphabetical order: FLAG LOT : An irregu la rl y shaped lot o r parce l of land resembling a flag on a pole , located to the side and/or rea r of another lot, wi t h street fron tage and access from the street to t he main body of the lot ("flag" po rt io n ) provided by a na rrow strip of land that is own ed in fee ("pole" portion). FRONT LOT: A lot or parcel of land wi th 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 re ceives vehicular access by way of a private driveway, access easement, or a public street that does not meet the C ity's m i nim um sta ndards for a street. SECTION 2: TCMC Section 9-1 M-12. B.g is hereby deleted in its entirety : g . No "flag lot" c reated under the provisions of this section shall be improved 'Nith any stru cture whi c h exc eeds one story or twenty feet (20') in height. Ordinance No . 19-1034 Page 2 of 3 SECTION 3: TC MC Section 9-1 M-12.E.1 is hereby amended in its entirety to read as fo ll ows: 1. Exception fo r certain lots: Notwithstanding the above , the maximum he ig ht of a dwelling mus t not exceed one sto ry and 18 feet if the dwelling is on a a. flag lot ; b. tiered lot; c. front lot ; or d . lot with less t han 35 feet of frontage on a pub lic street. SECTION 4: Th e City Co un ci l decla res t hat , s hou ld any pro v1s1on , section , subsection , paragrap h, sentence , clause , phrase , or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court act ion in a court of competent j urisdiction or by reason of any preemptive legislation , such decision or action will not affect th e validi ty of th e remai ning section or portions of the Ord i nance or part there of. The City Council declares that it would have independently adopted the remaining provisions, sections , subsec tions , paragraphs , sentences , clauses , phrases , or words of thi s Ordinance irrespectiv e of th e fact t hat any one or more provisions, sections , subsections, paragrap hs, se ntences, c la uses, phrases , or words may be declared invalid or u nconstitutional. SECTION 5 : The City Council, in light of the whole record before it, including but not limited to , any ev idence (within t he meaning of Pu bl ic Resources Code Sections 21 080(e) and 21 082.2) 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 Sect ion 15305 (Minor Alternations to Land Use Lim itatio ns) of the C EQA Guidel i nes . T he City Counci l also f i nds that the proposed Ordinance is exempt i n accordance w ith Sections 15378 , 15060(c)(2), and 15061(b)(3) of the CEQA Guide li nes , because it ca n be seen with certainty that there is no possibility th at the proposed Ord inan ce will have a significant effect on the environment. SECTION 6 : T he City Clerk sha ll certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be pub lished according to law . Ordinance No. 19-1034 Page 3 of 3 PASSED , A PPROVED , AND ADOPTED this 18th day of June , 2019. Nanette Fish , Mayor ATTEST : APPROVED AS TO FORM : Peggy Kuo , City Clerk Gregory Murphy, City Attorney I, Peggy Kuo , City Clerk of the City of Temple City, hereby certify that the foregoing Ordinan ce No . 19-1 034 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 regu lar meeting held on the 18th day of June , 2019, by the following vote : A YES : Counci l member - NOES: Councilm ember- ABSENT: Counci lm ember- ABSTAIN : Counci lm ember- Peggy Kuo , City Clerk Attachment B COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: June 4 , 2019 TO: Th e Hono rab le City Council FROM: Bryan Coo k, City Manager Via: Michael D. Forbes, Community Development Director Scott Reimers , Planning Manager By: Hesty Liu , Associa te Plann er SUBJECT : INTRODUCTION AND FIRST READING OF ORDINANCE NO . 19-1034 AMENDING TITLE 9 (ZONING REGULATIONS), CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO FLAG LOT SUBDIVISIONS IN THE R-1 ZONE RECOMMENDATION : Th e City Council is requested to : 1. Introduce for firs t reading by title only and waive f urther reading of Ordinance No. 19-1034 (Attachment "A "), ame nd ing Title 9 , Chapter 1 (Zoning Code ) of the T emple City Municipal Code (TCMC ) pertaining to flag lot subd ivi sions in the R-1 Zone , and 2 . Schedule the second reading of Ordinance No. 19-1034 for June 18 , 2019 . BACKGROUND : 1. In 1988, the City Council adopted a Zoning Code amendment to allow flag lot subdivisions in th e R-1 Zone . Th e code allowed only one flag lot per subdivision for a total of two lots , the flag (rea r) lot and front lot. T he standards adopted at the time req uired the original parcel to have a minimum width of 70 feet , the driveway for the flag lot ("flagp ole ") to be at le ast 15 feet w id e , and both new parcels to have a minimum a rea of 7 ,200 squa re feet. Both parcels were subject to the R-1 development standards and co uld be improved with a one-story or two-story dwelling . City Council June 4, 2019 Page 2 of 3 2 . In 1998 , the Ci ty Council amended the Zoning Code to prohibit two -story structures on flag lots. Th e amendment l imi ted st ruct ures on flag lots to o ne story and a maximum height of 20 feet. T he amendment also specified that such limitations apply to rear parce ls in tiered lot subdivisions that are accessed via an easement , shared private dr iveway , or private st reet. 3. In 2002 , the City Council again amended the Zoning Code for f lag lot subdiv isions . The amendment increased the minimum width required for the original parcel from 70 feet to 80 feet and increased the minimum flagpole width from 15 feet to 20 feet. 4. On February 5, 2019 , the C ity Co un ci l d iscussed various issues regarding flag lo t subdivisions . Th e City Counc il d i rected staff to prepare an ordinance limiting structures on the f ront lot to one sto ry, consistent with the li mitation on the flag lot. 5. On March 26 , 2019, the Planning Commission considered the proposed ordinance and the issues discussed by t he Ci ty Council. The Planning Commiss ion staff report is attached hereto (Attachm e nt "8 "). T he Pl a nning Comm ission voted to recomme nd th at th e Ci ty Cou nci l not ado pt th e pro posed ordinance and not make any changes t o t he standards f or fl ag lot subdivis ions. ANALYSIS : At the February 5, 2019 , City Counci l mee ting , the City Councilmembers discussed various issues related to flag lot subdivisions , includi ng the fo l lowing : • Amount of im permeable surface area ; • Security and "eyes on the street"; • Amount of fro nt yard paving ; • Variety in bui ldi ng heights ; • Pe rception of density and build in g in tensity ; • Impact on in f rast ru cture ; • Sense of community versus iso lation ; • Original intent of the flag lot development standards ; • Housing goals; and • Preservation of property righ ts. For the Planning Commission staff repo rt , staff analyzed five different flag lot scenarios based o n different hypothetical Zoni ng Code standa rds (Attachment "8 "). The analysis demonstrated that no single standard would address all the issues raised by the City Council. One complicating factor is that the above issues arise from different community values and may not be equally important. Given this , staff recommended that structures on City Council June 4, 2019 Page 3 of 3 a front lot be limited to one story and 18 feet, and that the maximum height of structures on the flag lot be reduced from 20 feet to 18 feet to be consistent with other code standards pertaining to the first story. This approach addresses the City Council's concern about reducing the perception of intensity and providing variety in building heights without affecting the ability of the City to meet its regional housing obligation . The Planning Commissioners disagreed with this recommendation and noted the following issues during their deliberations: • The minimal number of new flag lot subdivisions (nine in the last ten years ); • One -story houses are often the same size as two -story houses and are not subjec t to the floor area ratio limitation ; and • The desire for consistency , not variety, of building heights . The Planning Commission voted to recomme nd that the City Council not adopt the proposed ordinance and not make any changes to the development standards for flag lot subdivisions . CITY STRATEGIC GOALS: Adopting the proposed ordinance would further the City Strategic Goals of Publ ic Health and Safety and Quality of Life . FISCAL IMPACT: Approval of this item would not have an impact on the Fiscal Year 2018-19 City budget. ATTACHMENTS: A . Ordinance Number 19-1034 B. Planning Commission Staff Report, March 26 , 2019