HomeMy Public PortalAbout05) 8A_SB9_Staff Report w attachmentsCOMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: December 21, 2021
TO: The Honorable City Council
FROM: Bryan Cook, City Manager
By: Scott Reimers, Community Development Director
SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 21-1058 U AND
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 21-1059
IMPLEMENTING SB-9 (AKINS) RELATING TO URBAN LOT SPLITS
RECOMMENDATION:
The City Council is requested to:
1.Introduce, read by title, waive further reading, and adopt Urgency Ordinance No. 21-
1058 U (Attachment “B”);
2.Introduce Ordinance No. 21-1059 for first reading by title only, amending Title 3,
Chapter 3, and Title 9, Chapters 1 and 2, of the Municipal Code (Attachment “C”);
3.Waive further reading of Ordinance No. 21-1059; and
4.Schedule the second reading of Ordinance No. 21-1059 for January 4, 2022.
BACKGROUND:
1.On September 16, 2021, Senate Bill 9 (SB-9), was signed into law by the Governor
(Attachment “D”).
2.On October 5, 2021, the City Council and Planning Commission held a joint study
session to discuss the law, its potential impact on Temple City, and provide
direction to staff on various possible initiatives.
3.On November 9, 2021, the Planning Commission held a public hearing on
Ordinance No. 21-1059. The Commission voted unanimously to recommend that
AGENDA
ITEM 8.A.
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the City Council adopt the Ordinance. The Commission did not recommend any
changes to the Ordinance (Attachment “E”).
4. On December 7, 2021, the City Council continued the public hearing to a date
certain, December 21, 2021.
ANALYSIS:
SB-9 amended Section 66452.6 of, and added Sections 65852.21 and 66411.7 to, the
California Government Code (Attachment “D”) to allow for urban lot splits. These changes
will require local agencies to approve applications to subdivide single-family zoned lots
into a maximum of two lots and to allow the construction of two units on each new lot. In
other words, an R-1 zoned, single-family lot, could potentially have four units. For
additional information about SB-9 see Attachment “F”.
The proposed Ordinance seeks to improve upon the State’s efforts by addressing issues
that the State did not previously consider or further strengthening the State’s efforts.
These efforts include:
Diminishing the impact of new development on existing infrastructure;
Ensuring the affordability of new urban dwellings and meeting RHNA goals;
Reducing greenhouse gas emissions, air pollution, and traffic congestion;
Minimizing impacts on the environment; and
Improving neighborhood compatibility.
Infrastructure and Impact Fees
With new development and an expanding population comes increased demand on the
City’s infrastructure, which was mostly installed or built 80 years ago. While SB-9 did not
address this issue it leaves local agencies the ability to address the problem by
establishing and charging impact fees on urban dwellings. Impact fees reduce the impact
of new development on existing infrastructure by ensuring that new development pays its
fair share of its impact. There appeared to be support for this initiative at the City Council
and Planning Commission joint study session. Imposing an impact fee will require hiring
a consultant to prepare an impact fee study. This will need to be included in a future
year’s work program.
Affordable Housing
Governor Newsom and the State legislature has been working over the last few years at
increasing the supply of affordable housing. SB-9 supports this objective in a limited
sense by increasing the overall supply of market-rate housing but stops short of requiring
housing to be affordable. The proposed Ordinances go further than the State to
implement this objective by requiring that new urban dwellings be provided at low- and
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very low-income rates. This will provide the City a supply of legally restricted, affordable
housing dispersed throughout the community. This is superior to concentrating affordable
housing in one development or neighborhood. For reference, a family of four would need
to demonstrate an income of $94,600, or less to qualify as low-income. This would not
apply to a unit occupied by the property’s owner. See Attachm ent “G” for the Income
Limits for 2021.
Reducing GHG, Air Quality and Congestion
The State has adopted greenhouse gas emissions (GHG) goals to battle climate change.
While the State achieved its 2020 GHG targets the state is currently implementing
strategies to further reduce its emissions by 40 percent below 1990 levels by 2030. The
transportation sector accounts for the largest share of the United States’ energy -related
carbon dioxide emissions. Reducing vehicle trips helps reduce the generation of GHG
emissions. In addition to producing GHG emissions vehicles are also responsible for
producing particulate matter (microscopic inhalable particles that get lodged in the lungs)
as brakes and tires wear out. This in turn causes health and environmental damage ,
even resulting in premature death. SB-9 supports the State’s environmental objectives
by limiting the amount of parking that local agencies can require. For instance, the State
does not allow local agencies to require any parking when the site is within a half -mile
radius of a high-quality traffic corridor. The proposed Ordinances would go even further
in supporting these objectives by prohibiting residents from parking onsite or overnight on
city streets. The Planning Commissioners were supportive of this initiative at its meeting
on November 9. Commissioners highlighted that an owner of an urban dwelling would
need to find tenants who do not own a vehicle and intend to walk, bicycle, take public
transit, or use app-based ride sharing services.
Minimizing Environmental Impacts
The two main purposes of California Environmental Quality Act (CEQA) are to disclose
and mitigate the environmental impact of new development. SB-9 did not undergo any
CEQA analysis as the State legislature is exempt from CEQA . Therefore, the
environmental impacts and the appropriate means of mitigating those impacts are
unknown. While the legislature did not address this issue, State law does not keep local
agencies from setting development standards to reduce the cumulative impact of these
new units. The proposed Ordinances therefore move the State’s objectives of protecting
the environment even further along by requiring urban dwellings that are all new
construction to satisfy the requirements of Leadership in Energy and Environmental
Design (LEED) at the Platinum level. LEED is a green building certification program used
worldwide and is developed by the non-profit United States Green Building Council. The
LEED rating system is divided into four increasingly difficult levels of certification (certified,
silver, gold, and platinum). The higher levels of certification require a higher number of
total points. The benefit of the LEED system is that it provides flexibility to designers and
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owners to choose which building methods and designs to use to achieve the necessary
number of points.
Neighborhood Compatibility
The State and affordable housing advocates have long held that affordable housing and
density can be designed in such a way that it fits within a neighborhood. In recognition
of this, SB-9 allows for local agencies to adopt development and standards. The State,
however, has provided some limitations on these standards. Two of the most important
include a requirement that the City cannot instit ute a standard that precludes at least an
800 square foot urban dwelling. Another is that the City’s rules must be objective, and
not subjective. See Attachment “F” for more information.
Within the framework allowed by SB-9, the proposed Ordinances set 16 new development
standards and 15 design standards that apply only to urban dwellings and urban lot splits.
The aim of these standards aligns with goals of the State and the affordable housing
community to provide affordable housing in a high-quality environment and to reduce the
impact of new development on existing communities.
Prohibiting onsite parking will provide additional benefits in relation to neighborhood
compatibility. The space normally dedicated to driveways can instead be set aside for
onsite open space. Single-family houses with significant open space do not place as high
of a demand on public open space as properties without open space. As lots with open
space are converted to denser housing with little to no open space the City could see
increased demand on open space. The proposed ordinances would require open space
onsite thus reducing some demand. In addition, removing a driveway from a site provides
additional land area for development and thereby reduces the need for a struct ure to be
two or even three stories.
The proposed Ordinances set development standards such as maximum and minimum
unit sizes, building height, second floor step backs, tree preservation, disclosures to future
owners, and design standards. All these standards are compliant with the allowances of
SB-9 and work to achieve the goals and objectives of the City ’s General Plan and the
purposes of the city’s R-1 single-family zone. For more information on the standards
within the proposed Ordinances see Attachment “A” which summarizes the proposed
Ordinances by showing the sections of the Ordinances in which the City has discretion
and leaves out those sections where State law does not provide discretion.
Staff is recommending that the City Council adopt an urgency ordinance so that when
State law goes into effect on January 1, 2022, the City’s rules pertaining to urban dwelling
and urban lot splits will be in effect.
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CITY STRATEGIC GOALS:
Adopting the proposed Ordinances will further promote the City’s Strategic Goal of quality
of life and sustainable infrastructure. The adoption of these Ordinances will cultivate a
high quality of life and ensure sufficient and sustainable infrastructure.
FISCAL IMPACT:
This item does not have an impact on the Fiscal Year 2021-22 City Budget.
ATTACHMENTS:
A. Sections of Proposed Ordinances where City Discretion is Available
B. Ordinance 21-1058 U
C. Ordinance 21-1059
D. SB-9, Atkins
E. Draft Planning Commission Minutes
F. SB-9 Summary
G. Income Limits for 2021
H. PowerPoint presentation for the Joint City Council and Planning Commission
Meeting
ATTACHMENT A
Sections of Proposed Ordinances where City Discretion is Available
Code
Section Description
3-3A-23 Overnight Parking: Prohibits residents from urban dwellings or urban lot
splits from obtaining monthly, quarterly, or annual overnight parking
permits.
A.4.c Maximum Size: Sets a maximum size of 800 square feet. The City could
allow larger units; State law does not set a maximum size.
A.4.d Minimum Size: State law does not set a minimum size. The proposed
Ordinances set a minimum size of 500 square feet which is the minimum
size for an ADU.
A.4.f Height: State law does not address building heights. Sets a maximum 18 -
foot height limit; this is the maximum height for a one-story structure in the
R-1 zone. The structure’s height could be reduced to 16 feet. Sets a
maximum ceiling height of 8 feet. Limits additions to existing structures to
one-story. Allows for the second floor of an existing stru cture to be
converted to an urban dwelling. In instances where an 800 square-foot unit
cannot be achieved in one story a second story is possible; the height is
capped at 25 feet. If a third floor is required, one floor must be entirely
subterranean.
A.4.g FAR Bonus: State law does not address floor area ratio. States that the
FAR bonuses in the R-1 code do not apply.
A.4.h Stepbacks: Requires the second floor of a structure to be step-backed four
feet from the first floor.
A.4.i Driveways and Parking: Prohibits parking onsite. State law caps the
number of required parking spaces on and in some cases the City cannot
require any parking.
A.4.j Affordability: Requires residents, except for the owner, to be maintained as
low- or very-low-income housing for 30 years.
A.4.k Sub-Leasing: Restates an R-1 Zoning Code rule that allows for no more
than one-bedroom to be rented.
A.4.l Tree Preservation: Prohibits the removal of a mature tree in conjunction
with an application to build an urban dwelling.
A.4.m Reduce Environmental Impact: Requires an urban dwelling to obtain LEED
platinum certification.
A.4.n Disclosures: Requires future owners of an urban dwelling to disclose to the
next owner the City’s rules regarding overnight parking permit rules, short
term rentals, complying with City Housing Element reports, and affordable
housing.
A.5 Objective Design Standards for Additions: Requires architectural
consistency between the main dwelling and an addition or a new structure.
Code
Section Description
A.6 Objective Design Standards for New Construction: Sets standards on how
the front elevation needs to be articulated, requires a five -foot deep entry
area, sets an articulation requirement for the side and rear elevations,
requires quality building materials, requires open space and a courtyard,
sets a minimum number of colors for the building, and sets two appropriate
styles (Spanish Colonial Revival and Craftsman) along with the associated
proportions and building details.
A.7 Exceptions to Objective Standards: State law requires local jurisdiction to
approve at least an 800 square foot urban dwelling. In cases where the
applicant cannot construct at least an 800 -square foot urban dwelling, the
applicant may remove other development standards. The proposed
ordinances provide the prescribed order in which these standards must be
removed until the structure meets the 800-square foot guaranteed size.
The last standard that staff recommends removing is number of stories.
B.5 Easements: Requires an easement to be provided over the front parcel to
the rear parcel for access to the public right of way, providing public
services and facilities, maintenance of utilities, and (if required) fire
department access.
B.10 Bi-Annual Inspection: The property owner must provide for an inspection,
and pay the appropriate fee, every six months for the first three years to
ensure the property owner is living onsite.
B.11.f Driveways and Parking: Prohibits parking onsite. State law caps the
number of required parking spaces one and in some cases the City cannot
require any parking.
B.11.g Conjunction with Urban Dwellings: Only structures that meet the
requirements of urban dwellings are allowed on urban lot splits. This would
preclude a single-family residence and an ADU to be built on an urban lot
split.
B.11.h Disclosures: Requires future owners of an urban dwelling to disclose to the
next owner the City’s rules regarding overnight parking permit rules, short
term rentals, complying with City Housing Element reports, affordable
housing, and cannot be further subdivided.
ATTACHMENT B
ORDINANCE NO. 21-1058 U
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 3,
CHAPTER 3, AND TITLE 9, CHAPTERS 1 AND 2, OF THE
TEMPLE CITY MUNICIPAL CODE TO PROVIDE FOR
URBAN DWELLINGS AND URBAN LOT SPLITS
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 ordinance to
bring it into conformity with State law and to address public health, safety, and welfare
concerns; and
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the
Government Code by Senate Bill 9 (SB-9) and goes into effect January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially
approve urban lot splits and the construction of up to two residential units (“Urban
Dwellings”) within the “Urbanized Area” of the City, as designated by the US Census
Bureau, subject to certain limitations; and
WHEREAS, Government Code Sections 66411.7(a) limits eligibility of urban lot
splits by size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C)
limits such urban lot splits and construction to sites that are not located on or within certain
farmland, wetlands, very high fire hazard severity zones, hazardous waste sites,
earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified
for conservation, habitats for protected species, and historic properties; and `
WHEREAS, Government Code Sections 65852.21(a)(3) through (a)(5), limits
eligibility of such construction of secondary units that proposes to demolish or alter
housing subject to affordability restrictions, housing subject to rent or price controls,
housing that has been occupied by a tenant in the last three years, housing that has been
withdrawn from rent or lease within the past 15 years, and housing that requires
demolition of existing structural walls unless authorized by local ordinance or has not
been tenant-occupied within the past 3 years; and
Ordinance No. 21-1058 U
Page 2 of 24
WHEREAS, Government Code Sections 66411.7(a)(3)(D) also limits eligibility of
an urban lot split that proposes to demolish or alter housing subject to affordability
restrictions, housing subject to rent or price controls, housing that has been occupied by
a tenant in the last three years, housing that has been withdrawn from rent or lease within
the past 15 years, and housing that requires demolition of existing structural walls unless
authorized by local ordinance or has not been tenant -occupied within the past 3 years;
and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allows a city to deny an urban lot split for properties within an historic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or county
ordinance; and
WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allows a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards, if it does not conflict with state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction
of two units on either of the resulting parcels or that would result in a unit size of less than
800 square feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to
deny a proposed housing development or urban lot split if the project would have a
specific, adverse impact, as defined and determ ined in paragraph (2) of subdivision (d)
of Section 65589.5, upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact; and
WHEREAS, the municipal code currently does not have any provisions that
adequately address such urban lot splits and urban dwelling units, as required by SB 9,
and because regular ordinance adoption procedures require a first and second reading,
and at least 30 days before the ordinance may take effect, the city may not be able to
adopt any such provisions before January 1, 2022; and
WHEREAS, without an ordinance that will be effective as of the January 1, 2022,
effective date, there will be a period where there will be no polic ies, procedures, or
objective standards available to guide and promote the orderly develop ment of such
urban lot splits and urban dwelling units, and thus will prevent actions that will alleviate
the housing crisis and serve to protect orderly planning and aesthetics related to such
development; and
WHEREAS, the City Council has the power under Government Code sections
36934 and 36937 to adopt an ordinance that takes effect immediately if it is an ordinance
for the immediate preservation of the public peace, health or safety, and is passed by a
four-fifths vote of the City Council; and
Ordinance No. 21-1058 U
Page 3 of 24
WHEREAS, here, this urgency ordinance is necessary to address the danger to
public health, safety, and general welfare articulated by the state related to the housing
crisis and immediately provide the provisions to implement SB 9 -related development in
a manner that protects the City’s interest in orderly planning and aesthetics; and
WHEREAS, accordingly, the City Council desires to adopt this ordinance as an
urgency ordinance, effective immediately, pursuant to Government Code sections 36934
and 36937, and have such provisions that implement SB 9, as set forth in the ordinance,
in effect as of January 1, 2022; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures
for such Urban Dwellings and Urban Lot Splits, and provides objective standards, in
accordance with State law; and
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FOLLOWS:
SECTION 1: Zoning Amendment Findings Per Section 9-1C-6.I.7.a: The City
Council finds:
A. The proposed amendment is consistent with the general plan and any
applicable specific plan as provided by Government Code section 65860;
The proposed ordinance’s provisions are required to bring the City’s municipal
code into compliance with the addition of Section 65852.21 and 66411.7 to the
Government Code as instituted by SB-9 (Atkins). These provisions allow for urban
dwellings and urban lot splits. This allowance conflicts with General Plan Land
Use Element of the City, which sets density standards for the low-density
residential zone. This Ordinance seeks to complement state law to minimize its
impact on the community and thereby comply with the following land use goals
and policies:
LU 4.1 Development Compatibility. Require that development is located and
designed to assure compatibility among land uses, addressing such elements as
building orientation and setbacks, buffering, visibility and privacy, automobile, and
truck access, impacts of noise and lighting, landscape quality, and aesthetics.
LU 4.7 Development that is Compatible. Require that development demonstrates
a contextual relationship with neighboring structures and sites addressing such
elements as building scale, massing, orientation, setbacks, buffering, arrangement
of shared and private open spaces, visibility, privacy, automobile, and truck
access, impacts of noise and lighting, landscape quality, infrastructure, and
aesthetics.
Goal LU 7: Sustainable Built Environment. A built environment that contributes to
a sustainable environment, minimizes consumption of scarce environmental
resources, and reduces greenhouse gas emissions.
Ordinance No. 21-1058 U
Page 4 of 24
LU 8.3 Housing Type Distribution. Promote an equitable distribution of housing
types for all income groups throughout the City and promote mixed-income
developments to avoid concentrations of below -market-rate housing in particular
areas.
Urban dwelling and urban lot splits offer a distinct opportunity to provide affordable
housing in a distributed manner. The City’s Housing Element has a program to
investigate an inclusionary housing ordinance which could result in affordable
housing, but given that the City’s multi-family zones are clustered, this would result
in a less diverse distribution of affordable housing. Urban dwellings and urban lot
splits provide a unique opportunity to provide affordable housing in a distributed
manner, especially affording an opportunity to insert it into single -family
neighborhoods.
LU 8.4 Affordable Housing Provision. Encourage the integration of affordable
housing units within larger developments to meet the housing needs of the
community and larger region, as specified by the General Plan Housing Element.
LU 9.1 Neighborhood Conservation. Maintain the character, amenities, and scale
of Temple City’s residential neighborhoods, recognizing their contribution to the
City’s identity, economic value, and quality of life.
LU 9.2 Neighborhood Character. Maintain elements of residential streets that unify
and enhance the character of the neighborhood including parkways, street trees,
and compatible setbacks.
LU 9.3 New Residential Development. Accommodate the development of new
residential development that is well-conceived, constructed, and maintained in a
variety of types and densities, scales, and costs.
9.4 Housing Additions and Replacement. Require that additions to and/or
replacement of existing housing units are located and designed to reflect the
unique neighborhood character and qualities including lot size; building form,
scale, and massing, and relationship to street frontages; architectural design; and
landscaped setbacks.
LU 9.7 Connected Neighborhoods. Ensure safe and convenient pedestrian and
bicycle connectivity between residential neighborhoods and commercial centers,
recreation and open spaces, schools, workplaces, and other community activity
centers.
LU 10.2 Second Units. Allow second units in single-family residential districts as
required by state legislation.
Goal M 1: Livable Streets. A balanced transportation system that accommodates
all modes of travel safely and efficiently while considering the community conte xt
of all transportation investments.
Ordinance No. 21-1058 U
Page 5 of 24
M 1.1 Complete Streets. Require that the planning, design, and construction of all
transportation projects consider the needs of all modes of travel to create safe,
livable, and inviting environments for pedestrians, bicyclists, motorists, and public
transit users of all ages and abilities.
B. The proposed amendment will not be detrimental to the public health, safety, or
welfare of the city; and
The proposed ordinance includes multiple provisions to reduce the impact of
subsequent development on the general welfare, this includes design standards
and objective zoning standards. Under State law, the Building Official can deny
any subsequent project if it has a negative impact on public health and safety that
cannot be mitigated.
C. The proposed amendment is consistent with other applicable provisions of this
Zoning Code.
The proposed ordinance modifies multiple sections of the Temple City Municipal
Code to ensure that the entire Code is consistent internally and with State law.
Therefore, this finding can be made.
SECTION 2: Section 3-3A-23 (ISSUANCE OF OVERNIGHT PARKING PERMITS) of the
TCMC is amended to add subsection 3-3A-23.B.1.i, as shown in underline below:
B. Review By Issuing Officer:
1. Review And Issuance: Upon the filing of a complete application for an
overnight parking permit or the transfer of such permit, the issuing officer
shall review the application and, within ten (10) business days of the filing,
determine whether to issue the permit or deny the application. The issuing
officer shall issue the requested overnight parking permit unless any one or
more of the following facts is determined:
a. The issuing officer determines that the application is not complete,
or the information is incorrect or invalid.
b. The applicant is not the registered owner.
c. The vehicle does not have a valid California registration or proof of
insurance. The issuing officer may issue not to exceed six (6) months
parking permits to a vehicle with valid out of state vehicle registration
and proof of insurance.
d. The vehicle is not eligible for an overnight parking permit, as provided
under this part.
e. Issuance of the permit would cause the number of overnight parking
permits assigned to the residence to exceed the maximum allowable
under this part.
f. An inspection of the onsite parking at the residence and on street
parking within the area concludes that onsite parking is or should be
available at the residence; or the owner refused permission to grant
access to the property for the purpose of the inspection.
g. The owner fails to pay the required overnight parking fee.
Ordinance No. 21-1058 U
Page 6 of 24
h. The vehicle has outstanding unpaid parking tickets.
i. The vehicles are registered to a site that has undergone an urban lot
split or has an urban dwelling as defined in Section 9-1A-12 of the
Temple City Municipal Code).
SECTION 3: Section 9-1A-12 of the TCMC (DEFINITIONS) is amended to add the
following definitions in alphabetical order within Section 9-1A-12.
PICTURE
WINDOW
A window on an elevation facing the front yard that is larger
than the adjacent windows or the largest window on the front
facing façade. Picture windows either have less panes of glass
than the adjacent windows or do not have any muntins.
Examples of a picture window includes:
URBAN
DWELLINGS
Dwelling units established in accordance with Section
65852.21 of the Government Code and Section 9-1T-21 of the
Temple City Municipal Code.
SECTION 4: Table 9-1G-2 (Land Uses and Permit Requirements for Residential Zone
Districts) of the TCMC is amended by adding the following uses in alphabetical order
within Table 9-1G-2. All other contents of this Table 9-1G-2 will remain unchanged.
Land Uses or Activities R-1 Notes/Reference
Urban Dwellings Y 9-1T-21
Urban Lot Splits Y 9-2-20
SECTION 5: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9 -1T-21
as follows:
“9-1T-21: Urban Dwellings and Urban Lot Splits:
A. Urban Dwellings: The following requirements apply to urban dwellings in
accordance with Section 65852.21 of the Government Code:
1. Applicability:
a. R-1 Zoning: Any proposed urban dwelling must be located within the
R-1, single-family zone.
Ordinance No. 21-1058 U
Page 7 of 24
b. Historic Designation: Any proposed urban dwelling must not be
located within a historic district or property included on the State
Historic Resources Inventory (see Section 5020.1 of the Public
Resources Code), or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city
or county ordinance.
c. Demolition and Alteration: A proposed urban dwelling must not
require demolition or alteration of any of the following types of
housing:
(1) Housing that is subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three
years.
d. Limit on Demolition: A proposed urban dwelling must not demolish
more than 25 percent of the existing exterior structural walls. This
does not apply if the housing development has not been occupied by
a tenant in the last three years.
e. Other Instances:
(1) A proposed urban dwelling must not be on a parcel located in
the areas specified in subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section 65913.4.
(2) A proposed urban dwelling must not be on a parcel on which
an owner of residential real property has exercised the
owner’s rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the
date that the development proponent applies.
2. Ministerial Review: Proposals for urban dwellings will be reviewed
ministerially, without discretionary review or a hearing, through the zoning
clearance process.
3. Short Term Rentals Prohibited: The rental of any urban dwelling must be
for a term longer than 30 days.
4. Objective Zoning Standards:
Ordinance No. 21-1058 U
Page 8 of 24
a. R-1 Standards: The standards within Section 9-1G-12 (R-1 Zone
District Residential Development Standards) apply to proposals for
urban dwellings. In the case of conflict between this Section and any
other section of Chapter 9-1 (Zoning Code), the provisions of 9-1T-
21 will apply.
b. Number of Units: The parcel for the proposed urban dwelling must
contain no more than two units. Existing and proposed ADUs and
JADUs will be counted toward the maximum number of units. An
urban dwelling development contains two residential units if the
development proposes no more than two new units or if it proposes
to add one new unit to one existing unit.
c. Maximum Size: The maximum size of an urban dwelling must not
exceed 800 square feet.
d. Minimum Size: The minimum size of an urban dwelling is 500 square
feet.
e. Setbacks:
(1) Existing Structures: No setback is required for an existing,
permitted structure or a structure constructed in the same
location and to the same dimensions as an existing, permitted
structure.
(2) New Structures and Additions: The minimum setback f rom
the side and rear property line is four feet.
f. Height:
(1) New Structures: An urban dwelling must not be more than
one-story. The maximum height must not exceed 18 feet.
The distance from the ceiling to the finished floor must not
exceed eight feet. Vaulted ceilings are not permitted.
(2) Additions: An urban dwelling can be added to a site with an
existing two-story structure. In such instances the entirety of
the addition must meet the requirement of subsection “1”
above.
(3) Conversions: In cases where an urban dwelling is being
added by subdividing an existing structure, the height
requirements of subsection “1” above do not apply.
(4) Exceptions: Projects that are exempt from the one-story
height limit due to the 800-square foot exemption must not
exceed 25 feet in height with a maximum top plate height of
Ordinance No. 21-1058 U
Page 9 of 24
18 feet. If a third floor is necessary to meet the 800 -square
foot requirement the third floor must be completely
subterranean; the ceiling must be below the natural grade.
g. Floor Area Ratio: The floor area ratio incentive bonuses found in 9-
1G-15 do not apply to urban dwellings.
h. Second Floor Stepbacks: Projects that are exempt from the one-
story height limit due to the 800-square foot exemption, must
stepback the second and third floor four feet from the ground floor.
This rule applies to only to the side yard, rear yard, and street side
yard elevations.
i. Building Separation: The units or structures within an urban dwelling
may be attached or detached. Detached structures must meet
building code safety standards and are sufficient to allow separate
conveyance.
j. Driveways and Parking: A proposed urban dwelling must not provide
any onsite parking (including garages, carports, and parking on
driveways). Any hardscape more than 8 feet in width and 18 feet in
depth is not permitted on a site with an urban dwelling. Prior to
issuance of a building permit the applicant must obtain an
encroachment permit to remove an existing driveway. Prior to
finalizing of building permits and granting of a certificate of
occupancy the driveway apron in the public right of way must be
removed and repaired.
k. Building Official Review: The City will deny a proposed urban
dwelling if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance
with section 9-1C-5-G.
l. Affordability: Urban dwellings must be continuously maintained as
"affordable" housing for a period of not less than 30 years from the
date of first occupancy. Urban dwellings must be occupied by low or
very low- income households. (Low income is defined as 50 percent
of the average median income for the Los Angeles /Long Beach
Metropolitan Area). The maximum amount of rent, which may be
charged, is 30 percent of the total household income or 30 percent
of the income limit for low- income households, whichever is less.
Every occupant of an urban dwelling must be qualified for eligibility
Ordinance No. 21-1058 U
Page 10 of 24
based upon annual tax returns. Said restriction must be set forth in
a recorded covenant or deed restriction. The property owner must
provide documentation to the City on an annual basis relative to
eligibility. The owner must agree to evict any tenant who does not
meet the eligibility requirement. When the applicant lives onsite, they
will be exempt from this requirement. The community development
director is authorized to establish forms, policies, and procedures, to
implement this affordability requirement.
m. Sub-Leasing: In accordance with Table 9-1G-2, only one bedroom
within an urban dwelling can be rented.
n. Tree Preservation: In cases where an addition or new construction
is being proposed to provide for urban dwelling, the property owner
must not remove any mature trees onsite. A mature tree is defined
as trees with a diameter-at-breast-height (DBH) of 19 inches or
greater. A removal includes moving a tree or removing more than
one-third of a tree’s vegetation. In addition to preservation of the
tree, the owner must record a covenant showing the location of the
mature tree, stating that all reasonable precautions have been made
to preserve the tree, requiring all trimming of the tree to be overseen
by a licensed arborist, prohibiting the tree from being topped, and
that the City must approve of any removal of the tree. If removal of
a tree is required to provide a minimum 800 square foot unit, the
owner must meet the requirements of Section 9-1N-8 (Tree
Replacement Requirements).
o. LEED Platinum Certification: Prior to the city releasing a certificate
of occupancy, the property owner must demonstrate that the
property has achieved LEED Platinum certification. This
requirement does not apply to conversions of and additions to
existing buildings.
p. Disclosures: At the time of sale, a site with an urban dwelling must
disclose to the seller:
(1) The site is not eligible for overnight parking permits;
(2) The site must not be used for short term rentals;
(3) The property owner must provide all necessary information to
the City, required in the annual housing element report; and
(4) The site must be used for affordable housing per the recorded
covenant.
5. Objective Design Standards for Additions: Additions or new structures
added to sites where an existing structure will be retained must match the
Ordinance No. 21-1058 U
Page 11 of 24
architectural style of the main dwelling including but not limited to the roof
pitch, window size, proportion of window units to wall size, direction of
window opening, muntin pattern, exterior building materials, lighting
fixtures, and paint colors.
6. Objective Design Standards for New Construction: The following standards
apply to all new construction, not additions:
a. Front Façade Articulation: Front elevations must include at least two
of the following: porch, canopy, bay window, awning, chimney, or
courtyard. The porch or courtyard must be at least five feet deep.
b. Entrances: The front entrance to all units must be either recessed or
protrude a minimum of five feet from the front wall. The front
recessed entry or porch area must be covered.
c. Side and Rear Articulation: No wall along a side-, rear-, or street
side-yard may extend more than 24 feet without architectural
articulation or an offset of at least 2 feet for not less than 8 feet. The
eave of the roof must be articulated as well at the same proportion
as the wall below. See the images, below. The first image does not
meet this requirement, while the second image, does.
d. Quantity of Exterior Materials: All structures must have at least two
exterior building wall materials including. The following exterior
materials area allowed: stucco, wood, rock/stone, hand-painted tile,
brick, or clinker brick. Window and door trim does not count as a
second material.
e. Use of stone: Manufactured stone must not be used in place of real
stone.
Ordinance No. 21-1058 U
Page 12 of 24
f. Use of brick: Brick veneer must be at least 1.75 inches in depth; half
the depth of a standard brick.
g. Quality Materials: Materials made from foam covered by stucco are
not allowed.
h. Exterior Materials: When used on the same elevation, wood and
stucco must be placed above rock or brick.
i. Two Colors: Buildings must include at least two colors; one for the
main wall color and another for architectural trim pieces.
j. Building Colors: Projects with detached structures must provide
different color palettes for each structure.
k. Exterior Stairwells: Exterior stairs leading from the ground floor to a
second or third story are prohibited.
l. Open Space: Urban dwellings must have minimum of 500 square
feet of open space with a dimension of at least 10 feet. The open
space must be directly accessible to the urban dwelling it serves.
The front yard could not be counted as open space.
m. Courtyards: Urban dwellings that are all new construction, and not
an addition, must include a main open space courtyard with a
minimum area of 1,000 square feet or 10 percent of the lot area and
with a minimum width and depth of 20 feet, whichever is larger. The
main courtyards must be open to the sky but may include the
following permitted projections: Eaves may project up to three feet
into the main courtyard. Exterior, unenclosed building elements such
as stoops, balconies and open stairs may encroach three feet into
the courtyard. If mechanical or utility equipment is placed in the
courtyard, it must be screened visually and acoustically and must not
encroach into the required courtyard area. Mechanical or utility
equipment can be in private open spaces. Courtyards must be
accessible from the public right of way and each ground floor unit.
Courtyards must be visible from the street with a minimum 10-foot-
wide opening that is open to the sky. For openings less than 18 feet
in width into courtyards, the depth of the opening must not exceed
twice the width of the opening. All primary entrances to ground floor
units must be accessed from the street frontage or courtyard. The
sum of all private open space within a courtyard is limited to a
maximum of 125 square feet or 25 percent of the courtyard,
whichever is less. The courtyard must be surrounded by structures
on at least two sides.
n. Architectural Styles: Urban dwellings must either be Spanish
Colonial Revival or Craftsman in style.
Ordinance No. 21-1058 U
Page 13 of 24
o. Spanish Colonial Revival Design Elements: Urban dwellings
designed in a Spanish Colonial Revival style must meet the following
requirements:
(1) Spanish Colonial Revival Massing: The massing for a
Spanish Colonial Revival house must be “L” shaped in nature
with a gable or hip parallel to the street.
(2) Spanish Colonial Revival Window and Door Composition:
Windows and doors must be placed asymmetrically. The
buildings must reflect the following approved proportions.
(3) Spanish Colonial Revival Eave Detail: Second floor eaves
must be at least 10 inches in depth. Any shallower eaves
must be constructed of the building wall material or molded
plaster. Eaves must meet the design requirements depicted
below.
Ordinance No. 21-1058 U
Page 14 of 24
(4) Spanish Colonial Revival Porches: Porches must be
designed as patios or loggias. The minimum depth must be 8
feet. The patio or loggia must be defined either plaster arches
with plaster columns, of plaster arches with cast stone
columns. Porch floors must be paved with stained concrete,
terra cotta tile, or brick. Columns, posts, and arches must use
the standard drawings, below.
(5) Spanish Colonial Revival Balconies: If balconies are
included, they must project out from the structure. Balconies
made of metal must be no more than two feet deep. Balconies
deeper than two feet must be made of wood. Wood balconies
must use the design below.
Ordinance No. 21-1058 U
Page 15 of 24
(6) Spanish Colonial Revival Windows: Windows must have a
vertical or horizontal pane configuration. Windows
surrounded by stucco must be recessed to create the illusion
of thicker walls. Below is the required window recessing detail.
(7) Spanish Colonial Revival Doors: Doors must be made of
stained or painted wood. Doors must be either a plank/board
design or a panel door, recessed. Doors must be of one of
the styles below.
Ordinance No. 21-1058 U
Page 16 of 24
(8) Spanish Colonial Revival Trim: When windows are recessed
less than four inches a trim is required. Trim must be above
and below the window.
(9) Spanish Colonial Revival Shutters: Shutters must be used on
windows that are taller than they are wide, except for fixed
picture windows. Shutters must be of one of the two designs.
For windows more than two feet wide, two shutters must be
provided. Each shutter must be half the width of the window.
For windows more than two feet wide, or less, shutters are not
required.
p. Craftsman Design Elements: Urban dwellings designed in a
Craftsman style must meet the following requirements:
(1) Craftsman Massing: The massing for a Craftsman house
must be “L” shaped in nature with a front facing gable roof
containing any second story (if applicable). A in-line gabled
porch or wing must be added to the front leg of the L to create
an asymmetrical form. The roof pitch must be at or between
4:12 and 6:12.
(2) Craftsman Window and Door Composition: The buildings
must reflect the following approved proportions. The
placement of windows and doors must be asymmetrical.
When more than one window is placed in an unarticulated
section of an elevation, the windows must occur in pairs, or as
sidelights to an oversized ground floor window. Entrance
doors must have a width greater than 36 inches. This can be
accomplished by adding side lites. Double doors are not
permitted.
Ordinance No. 21-1058 U
Page 17 of 24
(3) Craftsman Materials: Wood or fiber cement board must be
used. Additional accent materials are limited to river rock,
brick, clinker brick, or a combination of these (clinker brick).
The shingle or board exposure must range between three and
six inches. When corner boards are used, they must have an
exposure of four to six inches.
(4) Craftsman Eave Detail: Eaves must range in depth from 18
to 32 inches. Eaves must meet the design requirements
depicted below.
(5) Craftsman Porches: The minimum depth of the porch on the
front unit must be 8 feet. Eaves on the porch must be at least
1.5 to 2 feet in depth. Porches roofs must be one of the
following – gable, hipped, or shed. Porch roofs must have a
pitch between 3:12 to 4:12. Columns, posts, and arches must
use the standard drawings, below.
Ordinance No. 21-1058 U
Page 18 of 24
(6) Craftsman Balconies: Balconies are not permitted.
(7) Craftsman Windows: Windows must not be taller than they
are wide, unless the window is a picture window set between
to smaller, vertical, casement or hung windows. Horizontal
windows are allowed in bathrooms. All windows, except the
aforementioned horizontal windows, must be casement o r
hung windows. All windows must have muntins unless the
window has a dimension less than 2 feet. Window muntin
pattern must be 2 over 1, 3 over 1, or 4 over 1. All windows
must be recessed. Below is the required window recessing
detail.
(8) Craftsman Doors: Doors must be made of stained or painted
wood. Doors must be either a plank/board design or a panel
door, recessed. Doors must have a glazed, top portion.
Doors must be of one of the styles below.
Ordinance No. 21-1058 U
Page 19 of 24
(9) Bungalow Trim: All windows must have a trim around the top,
bottom, and sides. All trim must match that shown in
“Craftsman Windows”, above.
(10) Bungalow Shutters: When shutters are used, they must be
half the width of the window.
7. Exceptions to Objective Standards: Any objective zoning standards,
objective subdivision standards, and objective design standards that would
have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least
800 square feet in floor area must be set aside. Objective zoning standards
will be set aside in the following order until the site can contain two, 800
square foot units.
a. Lot coverage
b. Floor area ratio
c. Tree Preservation
d. Open space
e. Courtyard
f. Second floor step backs
g. Front of the lot floor area ratio
h. Articulation
i. Maximum number of stories. If waiving of all the above requirements
do not provide for an 800 square foot unit, the building may exceed
Ordinance No. 21-1058 U
Page 20 of 24
the maximum number of stories. After exceeding the maximum
number of stories, the applicant must then replace the above
objective standards in the opposite order until the unit size is reduced
to 800 square feet.
B. Urban Lot Splits: The following requirements apply to urban lot splits in
accordance with Government Code Section 66411.7:
1. Applicability:
a. R-1 Zoning: Any proposed urban lot split must be located within the
R-1, single-family zone.
b. Historic Designation: Any proposed urban lot split must not be
located within a historic district or property included on the State
Historic Resources Inventory, see Section 5020.1 of the Public
Resources Code, or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city
or county ordinance.
c. Demolition and Alteration: A proposed urban lot split must not
require demolition or alteration of any of the following types of
housing:
(1) Housing that is subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three
years.
d. Development of Adjacent Sites: Neither the owner of the parcel
being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an urban lot split as
provided for in this section.
e. Other Instances:
(1) A proposed urban lot split must not be on a parcel that
satisfies the requirements specified in subparagraphs (B) to
(K), inclusive, of paragraph (6) of subdivision (a) of Section
65913.4.
(2) A proposed urban lot split must not be on a parcel on which
an owner of residential real property has exercised the
owner’s rights under Chapter 12.75 (commencing with
Ordinance No. 21-1058 U
Page 21 of 24
Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the
date that the development proponent applies.
2. Ministerial Review: Proposals for urban lot splits will be reviewed
ministerially, without discretionary review or a hearing per Section 66411.7
of the Government Code.
3. Comply with Subdivision Map Act: Urban lot splits must conform to all
applicable objective requirements of the Subdivision Map Act (Division 2
(commencing with Section 66410)), except as expressly provided in this
section.
4. Dedication and Off-Site Improvements: A dedication of rights-of-way or the
construction of offsite improvements for the parcels being created cannot
be required as a condition of issuing a parcel map.
5. Fire Department & Utility Easements: An easement must be provided over
the front parcel to the rear parcel for access to the public right of way,
providing public services and facilities, maintenance of utilities, and (if
required) fire department access.
6. Owner Occupied: The applicant for an urban lot split must sign an affidavit
stating that the applicant will occupy one of the housing units as their
principal residence for a minimum of three years from the date of the
approval of the urban lot split.
7. Short Term Rentals Prohibited: The rental of any unit created by an urban
lot split must be for a term longer than 30 days.
8. Residential Uses, Only: All uses allowed on a site subdivided as an urban
lot split must be limited to residential uses. This does not apply to an
applicant that is a “community land trust,” as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of
the Revenue and Taxation Code or is a “qualified nonprofit corporation” as
described in Section 214.15 of the Revenue and Taxation Code.
9. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are
not required to be made conforming before approving an application.
10. Bi-Annual Inspection: The property owner must provide for an inspection
every six months for the first three years to ensure the property owner is
living onsite. The property owner must pay the special inspection fee as set
forth in the City’s fee and fine resolution.
11. Objective Development Standards: The following objective development
standards apply to urban lot splits:
Ordinance No. 21-1058 U
Page 22 of 24
a. Size and Number: The parcel map subdividing an existing parcel
must create no more than two new parcels of approximately equal
lot area provided that one parcel shall not be smaller than 40 percent
of the lot area of the original parcel proposed for subdivision. The
subdivision must not be done in a manner that leaves one lot with
more than two units including existing and proposed main dwellings,
ADUs, and JADUs.
b. Minimum Size: Both newly created parcels created by an urban lot
split must be no smaller than 1,200 square feet.
c. Setbacks:
(1) Existing Structures: No setback is required for an existing,
permitted structure or a structure constructed in the same
location and to the same dimensions as an existing, permitted
structure.
(2) New Structures and Additions: The minimum setback from
the side and rear property line is four feet.
d. Building Separation: The units or structures involved in an urban lot
split may be attached or detached provided that the structures meet
building code safety standards and are sufficient to allow separate
conveyance.
e. Building Official Review: The City will deny a proposed urban lot split
if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact.
f. Driveways and Parking: A proposed urban lot split must not provide
any onsite parking (including garages, carports, and parking on
driveways). Any hardscape more than 8 feet in width and 18 feet in
depth is not permitted on a site with an urban lot split. Prior to
issuance of a building permit the applicant must obtain an
encroachment permit to remove an existing driveway. Prior to
finaling of building permits and granting of a certificate of occupancy
the driveway apron in the public right of way must be removed and
repaired.
g. Conjunction with Urban Dwellings: Only structures that meet the
requirements of urban dwellings are allowed on urban lot splits.
Ordinance No. 21-1058 U
Page 23 of 24
h. Disclosures:
(1) At the time of sale, a site with an urban dwelling must disclose
to the seller:
a. The site is not eligible for overnight parking permits;
b. The site must not be used for short term rentals;
c. The property owner must provide for an inspection
every six months for the first three years to ensure the
property owner is living onsite. The property owner
must pay the special inspection fee in the City’s fee and
fine resolution;
d. The property owner must provide all necessary
information to the City, required in the annual housing
element report;
e. The site must be used for affordable housing per the
recorded covenant; and
f. The site cannot be the subject of future urban lot splits.
SECTION 6: TCMC Chapter 9-2 (SUBDIVISION REGULATIONS) is amended to add
Section 9-2-20 (URBAN LOT SPLIT PROCEDURE) as follows:
The provisions of this section apply to the processing of urban lot splits.
A. Application: An application for the urban lot split must be filed and reviewed
pursuant to 9-1C-5-B. All applications must include a tentative parcel map and the
applicable review fees
B. Approval Authority: The community development director (“director”) acts on all
urban lot splits and has the authority to interpret and establish guidance and
procedures for the approving and finalizing tentative parcel maps for such urban
lot splits, in a manner consistent with state and local law.
C. Public Hearing: Urban lot splits do not require a public hearing.
D. Notice: Notice is not required for an urban lot split.
E. Staff Review: The director will circulate the application for an urban lot split,
together with the tentative map, to affected city departments for review and
comment. Staff will transmit to the applicant for review and consideration
comments from the city departments.
F. Approval: If the application for the urban lot split meets all the requirements of 9-
1T-21-B, the director will approve the urban lot split ministerially and without a
Ordinance No. 21-1058 U
Page 24 of 24
public hearing. The action of the director upon an urban lot split application is
final and conclusive, in the absence of an appeal.
G. Appeal of Director’s Decision: Decisions of the director may be appealed to the
Planning Commission in compliance with section 9-1C-5-G.
SECTION 7: The City Council finds that this Ordinance is not subject to environmental
review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins)
states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered
a project under Division 13 (commencing with Section 21000) of the Public Resources
Code. (See Government Code sections 65858.21(j) and 66411.7(n).
SECTION 8: The City Council finds and declares that the adoption and implementation
of this ordinance is necessary to address the danger to public health, safety, and general
welfare as articulated above, and to immediately provide provisions to implement SB 9,
which take effect on January 1, 2022. The City Cou ncil therefore finds and determines
that this ordinance be enacted as an urgency ordinance pursuant to Government Code
section 36937 and take effect immediately upon adoption by four -fifths of the City Council.
SECTION 9: 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 21st day of December, 2021
________________________
Vincent Yu, Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Greg Murphy, City Attorney
ATTACHMENT C
ORDINANCE NO. 21-1059
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 3,
CHAPTER 3, AND TITLE 9, CHAPTERS 1 AND 2, OF THE
TEMPLE CITY MUNICIPAL CODE TO PROVIDE FOR
URBAN DWELLINGS AND URBAN LOT SPLITS
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 ordinance to
bring it into conformity with State law and to address public health, safety, and welfare
concerns; and
WHEREAS, Sections 65852.21 and 66411.7 were amended or added to the
Government Code by Senate Bill 9 (SB-9) and goes into effect January 1, 2022; and
WHEREAS, the amended or added code sections require cities to ministerially
approve urban lot splits and the construction of up to two residential units (“Urban
Dwellings”) within the “Urbanized Area” of the City, as designated by the US Census
Bureau, subject to certain limitations; and
WHEREAS, Government Code Sections 66411.7(a) limits eligibility of urban lot
splits by size and proportionality; and
WHEREAS, Government Code Sections 65852.21(a)(2) and 66411.7(a)(3)(C)
limits such urban lot splits and construction to sites that are not located on or within certain
farmland, wetlands, very high fire hazard severity zones, hazardous waste sites,
earthquake fault zones, special flood hazard areas, regu latory floodways, lands identified
for conservation, habitats for protected species, and historic properties; and `
WHEREAS, Government Code Sections 65852.21(a)(3) through (a)(5), limits
eligibility of such construction of secondary units that proposes to demolish or alter
housing subject to affordability restrictions, housing subject to rent or price controls,
housing that has been occupied by a tenant in the last three years, housing that has been
withdrawn from rent or lease within the past 15 years, and housing that requires
demolition of existing structural walls unless authorized by local ordinance or has not
been tenant-occupied within the past 3 years; and
Ordinance No. 21-1059
Page 2 of 24
WHEREAS, Government Code Sections 66411.7(a)(3)(D) also limits eligibility of
an urban lot split that proposes to demolish or alter housing subject to affordability
restrictions, housing subject to rent or price controls, housing that has been occupied by
a tenant in the last three years, housing that has been withdrawn from rent or lease within
the past 15 years, and housing that requires demolition of existing structural walls unless
authorized by local ordinance or has not been tenant -occupied within the past 3 years;
and
WHEREAS, Government Code Sections 65852.21(a)(6) and 66411.7(a)(3)(E)
allows a city to deny an urban lot split for properties within an historic district or listed on
the State’s Historic Resource Inventory or within a site that is designated or listed as a
city or county landmark or historic property or district pursuant to a city or county
ordinance; and
WHEREAS, Government Code Sections 65852.21(b) and 66411.7(c) allows a city
to establish objective zoning standards, objective subdivision standards, and objective
design review standards, if it does not conflict with state l aw; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction
of two units on either of the resulting parcels or that would result in a unit size of less than
800 square feet”; and
WHEREAS, Government Code Sections 65852.21 and 66411.7 allow a city to
deny a proposed housing development or urban lot split if the project would have a
specific, adverse impact, as defined and determined in parag raph (2) of subdivision (d)
of Section 65589.5, upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact; and
WHEREAS, the City desires to adopt an ordinance that addresses the procedures
for such Urban Dwellings and Urban Lot Splits, and provides objective standards, in
accordance with State law; and
WHEREAS, Temple City Municipal Code section 9-1C-6.I.7.a provides the specific
procedures for adopting such an ordinance.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FOLLOWS:
SECTION 1: Zoning Amendment Findings Per Section 9-1C-6.I.7.a: The City
Council finds:
A. The proposed amendment is consistent with the general plan and any
applicable specific plan as provided by Government Code section 65860;
The proposed ordinance’s provisions are required to bring the City’s municipal
code into compliance with the addition of Section 65852.21 and 66411.7 to the
Ordinance No. 21-1059
Page 3 of 24
Government Code as instituted by SB-9 (Atkins). These provisions allow for urban
dwellings and urban lot splits. This allowance conflicts with General Plan Land
Use Element of the City, which sets density standards for the low-density
residential zone. This Ordinance seeks to complement state law to minimize its
impact on the community and thereby comply with the following land use goals
and policies:
LU 4.1 Development Compatibility. Require that development is located and
designed to assure compatibility among land uses, addressing such elements as
building orientation and setbacks, buffering, visibility and privacy, automobile, and
truck access, impacts of noise and lighting, landscape quality, and aesthetics.
LU 4.7 Development that is Compatible. Require that development demonstrates
a contextual relationship with neighboring structures and sites addressing such
elements as building scale, massing, orientation, setbacks, buffering, arrangement
of shared and private open spaces, visibility, privacy, automobile, and truck
access, impacts of noise and lighting, landscape quality, infrastructure, and
aesthetics.
Goal LU 7: Sustainable Built Environment. A built environment that contributes to
a sustainable environment, minimizes consumption of scarce environmental
resources, and reduces greenhouse gas emissions.
LU 8.3 Housing Type Distribution. Promote an equitable distribution of housing
types for all income groups throughout the City and promote mixed-income
developments to avoid concentrations of below -market-rate housing in particular
areas.
Urban dwelling and urban lot splits offer a distinct opportunity to provide affordable
housing in a distributed manner. The City’s Housing Element has a program to
investigate an inclusionary housing ordinance which could result in affordable
housing, but given that the City’s multi-family zones are clustered, this would result
in a less diverse distribution of affordable housing. Urban dwellings and urban lot
splits provide a unique opportunity to provide affordable housing in a distributed
manner, especially affording an opportunity to insert it into single -family
neighborhoods.
LU 8.4 Affordable Housing Provision. Encourage the integration of affordable
housing units within larger developments to meet the housing needs of the
community and larger region, as specified by the General Plan Housing Element.
LU 9.1 Neighborhood Conservation. Maintain the character, amenities, and scale
of Temple City’s residential neighborhoods, recognizing their contribution to the
City’s identity, economic value, and quality of life.
LU 9.2 Neighborhood Character. Maintain elements of residential streets that unify
and enhance the character of the neighborhood including parkways, street trees,
and compatible setbacks.
Ordinance No. 21-1059
Page 4 of 24
LU 9.3 New Residential Development. Accommodate the development of new
residential development that is well-conceived, constructed, and maintained in a
variety of types and densities, scales, and costs.
9.4 Housing Additions and Replacement. Require that additions to and/or
replacement of existing housing units are located and designed to reflect the
unique neighborhood character and qualities including lot size; building form,
scale, and massing, and relationship to street frontages; architectural design; and
landscaped setbacks.
LU 9.7 Connected Neighborhoods. Ensure safe and convenient pedestrian and
bicycle connectivity between residential neighborhoods and commercial centers,
recreation and open spaces, schools, workplaces, and other community activity
centers.
LU 10.2 Second Units. Allow second units in single -family residential districts as
required by state legislation.
Goal M 1: Livable Streets. A balanced transportation system that accommodates
all modes of travel safely and efficiently while considering the community context
of all transportation investments.
M 1.1 Complete Streets. Require that the planning, design, and construction of all
transportation projects consider the needs of all modes of travel to create safe,
livable, and inviting environments for pedestrians, bicyclists, motorists, and public
transit users of all ages and abilities.
B. The proposed amendment will not be detrimental to the public health, safety, or
welfare of the city; and
The proposed ordinance includes multiple provisions to reduce the impact of
subsequent development on the general welfare, this includes design standards
and objective zoning standards. Under State law, the Building Official can deny
any subsequent project if it has a negative impact on public health and safety that
cannot be mitigated.
C. The proposed amendment is consistent with other applicable provisions of this
Zoning Code.
The proposed ordinance modifies multiple sections of the Temple City Municipal
Code to ensure that the entire Code is consistent internally and with State law.
Therefore, this finding can be made.
SECTION 2: Section 3-3A-23 (ISSUANCE OF OVERNIGHT PARKING PERMITS) of the
TCMC is amended to add subsection 3-3A-23.B.1.i, as shown in underline below:
B. Review By Issuing Officer:
Ordinance No. 21-1059
Page 5 of 24
1. Review And Issuance: Upon the filing of a complete application for an
overnight parking permit or the transfer of such permit, the issuing officer
shall review the application and, within ten (10) business days of the filing,
determine whether to issue the permit or deny the application. The issuing
officer shall issue the requested overnight parking permit unless any one or
more of the following facts is determined:
a. The issuing officer determines that the application is not complete,
or the information is incorrect or invalid.
b. The applicant is not the registered owner.
c. The vehicle does not have a valid California registration or proof of
insurance. The issuing officer may issue not to exceed six (6) months
parking permits to a vehicle with valid out of state vehicle registration
and proof of insurance.
d. The vehicle is not eligible for an overnight parking permit, as provided
under this part.
e. Issuance of the permit would cause the number of overnight parking
permits assigned to the residence to exceed the maximum allowable
under this part.
f. An inspection of the onsite parking at the residence and on street
parking within the area concludes that onsite parking is or should be
available at the residence; or the owner refused permission to grant
access to the property for the purpose of the inspection.
g. The owner fails to pay the required overnight parking fee.
h. The vehicle has outstanding unpaid parking tickets.
i. The vehicles are registered to a site that has undergone an urban lot
split or has an urban dwelling as defined in Section 9-1A-12 of the
Temple City Municipal Code).
SECTION 3: Section 9-1A-12 of the TCMC (DEFINITIONS) is amended to add the
following definitions in alphabetical order within Section 9-1A-12.
PICTURE
WINDOW
A window on an elevation facing the front yard that is larger
than the adjacent windows or the largest window on the front
facing façade. Picture windows either have less panes of glass
than the adjacent windows or do not have any muntins.
Examples of a picture window includes:
URBAN
DWELLINGS
Dwelling units established in accordance with Section
65852.21 of the Government Code and Section 9-1T-21 of the
Temple City Municipal Code.
Ordinance No. 21-1059
Page 6 of 24
SECTION 4: Table 9-1G-2 (Land Uses and Permit Requirements for Residential Zone
Districts) of the TCMC is amended by adding the following uses in alphabetical order
within Table 9-1G-2. All other contents of this Table 9-1G-2 will remain unchanged.
Land Uses or Activities R-1 Notes/Reference
Urban Dwellings Y 9-1T-21
Urban Lot Splits Y 9-2-20
SECTION 5: TCMC Article 9-1T (SPECIAL USES) is amended to add Section 9 -1T-21
as follows:
“9-1T-21: Urban Dwellings and Urban Lot Splits:
A. Urban Dwellings: The following requirements apply to urban dwellings in
accordance with Section 65852.21 of the Government Code:
1. Applicability:
a. R-1 Zoning: Any proposed urban dwelling must be located within the
R-1, single-family zone.
b. Historic Designation: Any proposed urban dwelling must not be
located within a historic district or property included on the State
Historic Resources Inventory (see Section 5020.1 of the Public
Resources Code), or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city
or county ordinance.
c. Demolition and Alteration: A proposed urban dwelling must not
require demolition or alteration of any of the following types of
housing:
(1) Housing that is subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
(3) Housing that has been occupied by a tenant in the last three
years.
d. Limit on Demolition: A proposed urban dwelling must not demolish
more than 25 percent of the existing exterior structural walls. This
does not apply if the housing development has not been occupied by
a tenant in the last three years.
e. Other Instances:
Ordinance No. 21-1059
Page 7 of 24
(1) A proposed urban dwelling must not be on a parcel located in
the areas specified in subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section 65913.4.
(2) A proposed urban dwelling must not be on a parcel on which
an owner of residential real property has exercised the
owner’s rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the
date that the development proponent applies.
2. Ministerial Review: Proposals for urban dwellings will be reviewed
ministerially, without discretionary review or a hearing, through the zoning
clearance process.
3. Short Term Rentals Prohibited: The rental of any urban dwelling must be
for a term longer than 30 days.
4. Objective Zoning Standards:
a. R-1 Standards: The standards within Section 9-1G-12 (R-1 Zone
District Residential Development Standards) apply to proposals for
urban dwellings. In the case of conflict between this Section and any
other section of Chapter 9-1 (Zoning Code), the provisions of 9-1T-
21 will apply.
b. Number of Units: The parcel for the proposed urban dwelling must
contain no more than two units. Existing and proposed ADUs and
JADUs will be counted toward the maximum number of units. An
urban dwelling development contains two residential units if the
development proposes no more than two new units or if it proposes
to add one new unit to one existing unit.
c. Maximum Size: The maximum size of an urban dwelling must not
exceed 800 square feet.
d. Minimum Size: The minimum size of an urban dwelling is 500 square
feet.
e. Setbacks:
(1) Existing Structures: No setback is required for an existing,
permitted structure or a structure constructed in the same
location and to the same dimensions as an existing, permitted
structure.
(2) New Structures and Additions: The minimum setback f rom
the side and rear property line is four feet.
Ordinance No. 21-1059
Page 8 of 24
f. Height:
(1) New Structures: An urban dwelling must not be more than
one-story. The maximum height must not exceed 18 feet.
The distance from the ceiling to the finished floor must not
exceed eight feet. Vaulted ceilings are not permitted.
(2) Additions: An urban dwelling can be added to a site with an
existing two-story structure. In such instances the entirety of
the addition must meet the requirement of subsection “1”
above.
(3) Conversions: In cases where an urban dwelling is being
added by subdividing an existing structure, the height
requirements of subsection “1” above do not apply.
(4) Exceptions: Projects that are exempt from the one-story
height limit due to the 800-square foot exemption must not
exceed 25 feet in height with a maximum top plate height of
18 feet. If a third floor is necessary to meet the 800 -square
foot requirement the third floor must be completely
subterranean; the ceiling must be below the natural grade.
g. Floor Area Ratio: The floor area ratio incentive bonuses found in 9-
1G-15 do not apply to urban dwellings.
h. Second Floor Stepbacks: Projects that are exempt from the one-
story height limit due to the 800-square foot exemption, must
stepback the second and third floor four feet from the ground floor.
This rule applies to only to the side yard, rear yard, and street side
yard elevations.
i. Building Separation: The units or structures within an urban dwelling
may be attached or detached. Detached structures must meet
building code safety standards and are sufficient to allow separate
conveyance.
j. Driveways and Parking: A proposed urban dwelling must not provide
any onsite parking (including garages, carports, and parking on
driveways). Any hardscape more than 8 feet in width and 18 feet in
depth is not permitted on a site with an urban dwelling. Prior to
issuance of a building permit the applicant must obtain an
encroachment permit to remove an existing driveway. Prior to
finalizing of building permits and granting of a certificate of
occupancy the driveway apron in the public right of way must be
removed and repaired.
Ordinance No. 21-1059
Page 9 of 24
k. Building Official Review: The City will deny a proposed urban
dwelling if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact. The decision of the building
official may be appealed to the Planning Commission in compliance
with section 9-1C-5-G.
l. Affordability: Urban dwellings must be continuously maintained as
"affordable" housing for a period of not less than 30 years from the
date of first occupancy. Urban dwellings must be occupied by low or
very low- income households. (Low income is defined as 50 percent
of the average median income for the Los Angeles /Long Beach
Metropolitan Area). The maximum amount of rent, which may be
charged, is 30 percent of the total household income or 30 percent
of the income limit for low- income households, whichever is less.
Every occupant of an urban dwelling must be qualified for eligibility
based upon annual tax returns. Said restriction must be set forth in
a recorded covenant or deed restriction. The property owner must
provide documentation to the City on an annual basis relative to
eligibility. The owner must agree to evict any tenant who does not
meet the eligibility requirement. When the applicant lives onsite, they
will be exempt from this requirement. The community development
director is authorized to establish forms, policies, and procedures, to
implement this affordability requirement.
m. Sub-Leasing: In accordance with Table 9-1G-2, only one bedroom
within an urban dwelling can be rented.
n. Tree Preservation: In cases where an addition or new construction
is being proposed to provide for urban dwelling, the property owner
must not remove any mature trees onsite. A mature tree is defined
as trees with a diameter-at-breast-height (DBH) of 19 inches or
greater. A removal includes moving a tree or removing more than
one-third of a tree’s vegetation. In addition to preservation of the
tree, the owner must record a covenant showing the location of the
mature tree, stating that all reasonable precautions have been made
to preserve the tree, requiring all trimming of the tree to be overseen
by a licensed arborist, prohibiting the tree from being topped, and
that the City must approve of any removal of the tree. If removal of
a tree is required to provide a minimum 800 square foot unit, the
owner must meet the requirements of Section 9-1N-8 (Tree
Replacement Requirements).
Ordinance No. 21-1059
Page 10 of 24
o. LEED Platinum Certification: Prior to the city releasing a certificate
of occupancy, the property owner must demonstrate that the
property has achieved LEED Platinum certification. This
requirement does not apply to conversions of and additions to
existing buildings.
p. Disclosures: At the time of sale, a site with an urban dwelling must
disclose to the seller:
(1) The site is not eligible for overnight parking permits;
(2) The site must not be used for short term rentals;
(3) The property owner must provide all necessary information to
the City, required in the annual housing element report; and
(4) The site must be used for affordable housing per the recorded
covenant.
5. Objective Design Standards for Additions: Additions or new structures
added to sites where an existing structure will be retained must match the
architectural style of the main dwelling including but not limited to the roof
pitch, window size, proportion of window units to wall size, direction of
window opening, muntin pattern, exterior building materials, lighting
fixtures, and paint colors.
6. Objective Design Standards for New Construction: The following standards
apply to all new construction, not additions:
a. Front Façade Articulation: Front elevations must include at least two
of the following: porch, canopy, bay window, awning, chimney, or
courtyard. The porch or courtyard must be at least five feet deep.
b. Entrances: The front entrance to all units must be either recessed or
protrude a minimum of five feet from the front wall. The front
recessed entry or porch area must be covered.
c. Side and Rear Articulation: No wall along a side-, rear-, or street
side-yard may extend more than 24 feet without architectural
articulation or an offset of at least 2 feet for not less than 8 feet. The
eave of the roof must be articulated as well at the same proportion
as the wall below. See the images, below. The first image does not
meet this requirement, while the second image, does.
Ordinance No. 21-1059
Page 11 of 24
d. Quantity of Exterior Materials: All structures must have at least two
exterior building wall materials including. The following exterior
materials area allowed: stucco, wood, rock/stone, hand-painted tile,
brick, or clinker brick. Window and door trim does not count as a
second material.
e. Use of stone: Manufactured stone must not be used in place of real
stone.
f. Use of brick: Brick veneer must be at least 1.75 inches in depth; half
the depth of a standard brick.
g. Quality Materials: Materials made from foam covered by stucco are
not allowed.
h. Exterior Materials: When used on the same elevation, wood and
stucco must be placed above rock or brick.
i. Two Colors: Buildings must include at least two colors; one for t he
main wall color and another for architectural trim pieces.
j. Building Colors: Projects with detached structures must provide
different color palettes for each structure.
k. Exterior Stairwells: Exterior stairs leading from the ground floor to a
second or third story are prohibited.
l. Open Space: Urban dwellings must have minimum of 500 square
feet of open space with a dimension of at least 10 feet. The open
space must be directly accessible to the urban dwelling it serves.
The front yard could not be counted as open space.
Ordinance No. 21-1059
Page 12 of 24
m. Courtyards: Urban dwellings that are all new construction, and not
an addition, must include a main open space courtyard with a
minimum area of 1,000 square feet or 10 percent of the lot area and
with a minimum width and depth of 20 feet, whichever is larger. The
main courtyards must be open to the sky but may include the
following permitted projections: Eaves may project up to three feet
into the main courtyard. Exterior, unenclosed building elements such
as stoops, balconies and open stairs may encroach three feet into
the courtyard. If mechanical or utility equipment is placed in the
courtyard, it must be screened visually and acoustically and must not
encroach into the required courtyard area. Mechanical or utility
equipment can be in private open spaces. Courtyards must be
accessible from the public right of way and each ground floor unit.
Courtyards must be visible from the street with a minimum 10-foot-
wide opening that is open to the sky. For openings less than 18 feet
in width into courtyards, the depth of the opening must not exceed
twice the width of the opening. All primary entrances to ground floor
units must be accessed from the street frontage or courtyard. The
sum of all private open space within a courtyard is limited to a
maximum of 125 square feet or 25 percent of the courtyard,
whichever is less. The courtyard must be surrounded by structures
on at least two sides.
n. Architectural Styles: Urban dwellings must either be Spanish
Colonial Revival or Craftsman in style.
o. Spanish Colonial Revival Design Elements: Urban dwellings
designed in a Spanish Colonial Revival style must meet the following
requirements:
(1) Spanish Colonial Revival Massing: The massing for a
Spanish Colonial Revival house must be “L” shaped in nature
with a gable or hip parallel to the street.
(2) Spanish Colonial Revival Window and Door Composition:
Windows and doors must be placed asymmetrically. The
buildings must reflect the following approved proportions.
Ordinance No. 21-1059
Page 13 of 24
(3) Spanish Colonial Revival Eave Detail: Second floor eaves
must be at least 10 inches in depth. Any shallower eaves
must be constructed of the building wall material or molded
plaster. Eaves must meet the design requirements depicted
below.
(4) Spanish Colonial Revival Porches: Porches must be
designed as patios or loggias. The minimum depth must be 8
feet. The patio or loggia must be defined either plaster arches
with plaster columns, of plaster arches with cast stone
columns. Porch floors must be paved with stained concrete,
terra cotta tile, or brick. Columns, posts, and arches must use
the standard drawings, below.
Ordinance No. 21-1059
Page 14 of 24
(5) Spanish Colonial Revival Balconies: If balconies are
included, they must project out from the structure. Balconies
made of metal must be no more than two feet deep. Balconies
deeper than two feet must be made of wood. Wood balconies
must use the design below.
Ordinance No. 21-1059
Page 15 of 24
(6) Spanish Colonial Revival Windows: Windows must have a
vertical or horizontal pane configuration. Windows
surrounded by stucco must be recessed to create the illusion
of thicker walls. Below is the required window recessing detail.
(7) Spanish Colonial Revival Doors: Doors must be made of
stained or painted wood. Doors must be either a plank/board
design or a panel door, recessed. Doors must be of one of
the styles below.
(8) Spanish Colonial Revival Trim: When windows are recessed
less than four inches a trim is required. Trim must be above
and below the window.
(9) Spanish Colonial Revival Shutters: Shutters must be used on
windows that are taller than they are wide, except for fixed
picture windows. Shutters must be of one of the two designs.
For windows more than two feet wide, two shutters must be
provided. Each shutter must be half the width of the window.
For windows more than two feet wide, or less, shutters are not
required.
Ordinance No. 21-1059
Page 16 of 24
p. Craftsman Design Elements: Urban dwellings designed in a
Craftsman style must meet the following requirements:
(1) Craftsman Massing: The massing for a Craftsman house
must be “L” shaped in nature with a front facing gable roof
containing any second story (if applicable). A in-line gabled
porch or wing must be added to the front leg of the L to create
an asymmetrical form. The roof pitch must be at or between
4:12 and 6:12.
(2) Craftsman Window and Door Composition: The buildings
must reflect the following approved proportions. The
placement of windows and doors must be asymmetrical.
When more than one window is placed in an unarticulated
section of an elevation, the windows must occur in pairs, or as
sidelights to an oversized ground floor window. Entran ce
doors must have a width greater than 36 inches. This can be
accomplished by adding side lites. Double doors are not
permitted.
(3) Craftsman Materials: Wood or fiber cement board must be
used. Additional accent materials are limited to river rock,
brick, clinker brick, or a combination of these (clinker brick).
The shingle or board exposure must range between three and
six inches. When corner boards are used, they must have an
exposure of four to six inches.
(4) Craftsman Eave Detail: Eaves must range in depth from 18
to 32 inches. Eaves must meet the design requirements
depicted below.
Ordinance No. 21-1059
Page 17 of 24
(5) Craftsman Porches: The minimum depth of the porch on the
front unit must be 8 feet. Eaves on the porch must be at least
1.5 to 2 feet in depth. Porches roofs must be one of the
following – gable, hipped, or shed. Porch roofs must have a
pitch between 3:12 to 4:12. Columns, posts, and arches must
use the standard drawings, below.
(6) Craftsman Balconies: Balconies are not permitted.
(7) Craftsman Windows: Windows must not be taller than they
are wide, unless the window is a picture window set between
to smaller, vertical, casement or hung windows. Horizontal
windows are allowed in bathrooms. All windows, except the
aforementioned horizontal windows, must be casement or
hung windows. All windows must have muntins unless the
window has a dimension less than 2 feet. Window muntin
pattern must be 2 over 1, 3 over 1, or 4 over 1. All windows
must be recessed. Below is the required window recessing
detail.
Ordinance No. 21-1059
Page 18 of 24
(8) Craftsman Doors: Doors must be made of stained or painted
wood. Doors must be either a plank/board design or a panel
door, recessed. Doors must have a glazed, top portion.
Doors must be of one of the styles below.
(9) Bungalow Trim: All windows must have a trim around the top,
bottom, and sides. All trim must match that shown in
“Craftsman Windows”, above.
(10) Bungalow Shutters: When shutters are used, they
must be half the width of the window.
7. Exceptions to Objective Standards: Any objective zoning standards,
objective subdivision standards, and objective design standards that would
have the effect of physically precluding the construction of up to two units
or that would physically preclude either of the two units from being at least
800 square feet in floor area must be set aside. Objective zoning standards
will be set aside in the following order until the site can contain two, 800
square foot units.
Ordinance No. 21-1059
Page 19 of 24
a. Lot coverage
b. Floor area ratio
c. Tree Preservation
d. Open space
e. Courtyard
f. Second floor step backs
g. Front of the lot floor area ratio
h. Articulation
i. Maximum number of stories. If waiving of all the above requirements
do not provide for an 800 square foot unit, the building may exceed
the maximum number of stories. After exceeding the maximum
number of stories, the applicant must then replace the above
objective standards in the opposite order until the unit size is reduced
to 800 square feet.
B. Urban Lot Splits: The following requirements apply to urban lot splits in
accordance with Government Code Section 66411.7:
1. Applicability:
a. R-1 Zoning: Any proposed urban lot split must be located within the
R-1, single-family zone.
b. Historic Designation: Any proposed urban lot split must not be
located within a historic district or property included on the State
Historic Resources Inventory, see Section 5020.1 of the Public
Resources Code, or within a site that is designated or listed as a city
or county landmark or historic property or district pursuant to a city
or county ordinance.
c. Demolition and Alteration: A proposed urban lot split must not
require demolition or alteration of any of the following types of
housing:
(1) Housing that is subject to a recorded covenant, ordinance, or
law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(2) Housing that is subject to any form of rent or price control
through a public entity’s valid exercise of its police power.
Ordinance No. 21-1059
Page 20 of 24
(3) Housing that has been occupied by a tenant in the last three
years.
d. Development of Adjacent Sites: Neither the owner of the parcel
being subdivided nor any person acting in concert with the owner has
previously subdivided an adjacent parcel using an urban lot split as
provided for in this section.
e. Other Instances:
(1) A proposed urban lot split must not be on a parcel that
satisfies the requirements specified in subparagraphs (B) to
(K), inclusive, of paragraph (6) of subdivision (a) of Section
65913.4.
(2) A proposed urban lot split must not be on a parcel on which
an owner of residential real property has exercised the
owner’s rights under Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the
date that the development proponent applies.
2. Ministerial Review: Proposals for urban lot splits will be reviewed
ministerially, without discretionary review or a hearing per Section 66411.7
of the Government Code.
3. Comply with Subdivision Map Act: Urban lot splits must conform to all
applicable objective requirements of the Subdivision Map Act (Division 2
(commencing with Section 66410)), except as expressly provided in this
section.
4. Dedication and Off-Site Improvements: A dedication of rights-of-way or the
construction of offsite improvements for the parcels being created cannot
be required as a condition of issuing a parcel map.
5. Fire Department & Utility Easements: An easement must be provided over
the front parcel to the rear parcel for access to the public right of way,
providing public services and facilities, maintenance of utilities, and (if
required) fire department access.
6. Owner Occupied: The applicant for an urban lot split must sign an affidavit
stating that the applicant will occupy one of the housing units as their
principal residence for a minimum of three years from the date of the
approval of the urban lot split.
7. Short Term Rentals Prohibited: The rental of any unit created by an urban
lot split must be for a term longer than 30 days.
Ordinance No. 21-1059
Page 21 of 24
8. Residential Uses, Only: All uses allowed on a site subdivided as an urban
lot split must be limited to residential uses. This does not apply to an
applicant that is a “community land trust,” as defined in clause (ii) of
subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of
the Revenue and Taxation Code or is a “qualified nonprofit corporation” as
described in Section 214.15 of the Revenue and Taxation Code.
9. Non-Conforming Zoning Conditions: Nonconforming zoning conditions are
not required to be made conforming before approving an application.
10. Bi-Annual Inspection: The property owner must provide for an inspection
every six months for the first three years to ensure the property owner is
living onsite. The property owner must pay the special inspection fee as set
forth in the City’s fee and fine resolution.
11. Objective Development Standards: The following objective development
standards apply to urban lot splits:
a. Size and Number: The parcel map subdividing an existing parcel
must create no more than two new parcels of approximately equal
lot area provided that one parcel shall not be smaller than 40 percent
of the lot area of the original parcel proposed for subdivision. The
subdivision must not be done in a manner that leaves one lot with
more than two units including existing and proposed main dwellings,
ADUs, and JADUs.
b. Minimum Size: Both newly created parcels created by an urban lot
split must be no smaller than 1,200 square feet.
c. Setbacks:
(1) Existing Structures: No setback is required for an existing,
permitted structure or a structure constructed in the same
location and to the same dimensions as an existing, permitted
structure.
(2) New Structures and Additions: The minimum setback from
the side and rear property line is four feet.
d. Building Separation: The units or structures involved in an urban lot
split may be attached or detached provided that the structures meet
building code safety standards and are sufficient to allow separate
conveyance.
e. Building Official Review: The City will deny a proposed urban lot split
if the building official makes a written finding, based upon a
preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as
Ordinance No. 21-1059
Page 22 of 24
defined and determined in paragraph (2) of subdivision (d) of Section
65589.5, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or
avoid the specific, adverse impact.
f. Driveways and Parking: A proposed urban lot split must not provide
any onsite parking (including garages, carports, and parking on
driveways). Any hardscape more than 8 feet in width and 18 feet in
depth is not permitted on a site with an urban lot split. Prior to
issuance of a building permit the applicant must obtain an
encroachment permit to remove an existing driveway. Prior to final-
ing of building permits and granting of a certificate of occupancy the
driveway apron in the public right of way must be removed and
repaired.
g. Conjunction with Urban Dwellings: Only structures that meet the
requirements of urban dwellings are allowed on urban lot splits.
h. Disclosures:
(1) At the time of sale, a site with an urban dwelling must disclose
to the seller:
a. The site is not eligible for overnight parking permits;
b. The site must not be used for short term rentals;
c. The property owner must provide for an inspection
every six months for the first three years to ensure the
property owner is living onsite. The property owner
must pay the special inspection fee in the City’s fee and
fine resolution;
d. The property owner must provide all necessary
information to the City, required in the annual housing
element report;
e. The site must be used for affordable housing per the
recorded covenant; and
f. The site cannot be the subject of future urban lot splits.
SECTION 6: TCMC Chapter 9-2 (SUBDIVISION REGULATIONS) is amended to add
Section 9-2-20 (URBAN LOT SPLIT PROCEDURE) as follows:
The provisions of this section apply to the processing of urban lot splits.
Ordinance No. 21-1059
Page 23 of 24
A. Application: An application for the urban lot split must be filed and reviewed
pursuant to 9-1C-5-B. All applications must include a tentative parcel map and the
applicable review fees
B. Approval Authority: The community development director (“director”) acts on all
urban lot splits and has the authority to interpret and establish guidance and
procedures for the approving and finalizing tentative parcel maps for such urban
lot splits, in a manner consistent with state and local law.
C. Public Hearing: Urban lot splits do not require a public hearing.
D. Notice: Notice is not required for an urban lot split.
E. Staff Review: The director will circulate the application for an urban lot split,
together with the tentative map, to affected city departments for review and
comment. Staff will transmit to the applicant for review and consideration
comments from the city departments.
F. Approval: If the application for the urban lot split meets all the requirements of 9-
1T-21-B, the director will approve the urban lot split ministerially and without a
public hearing. The action of the director upon an urban lot split application is final
and conclusive, in the absence of an appeal.
G. Appeal of Director’s Decision: Decisions of the director may be appealed to the
Planning Commission in compliance with section 9-1C-5-G.
SECTION 7: The City Council finds that this Ordinance is not subject to environmental
review under the California Environmental Quality Act (“CEQA”). Senate Bill 9 (Atkins)
states that an ordinance adopted to implement the rules of Senate Bill 9 is not considered
a project under Division 13 (commencing with Section 21000) of the Public Resources
Code. (See Government Code sections 65858.21(j) and 66411.7(n).
SECTION 8: 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 ___ day of ______, 20__.
________________________
Vincent Yu, Mayor
Ordinance No. 21-1059
Page 24 of 24
ATTEST: APPROVED AS TO FORM:
________________________ _______________________
Peggy Kuo, City Clerk Greg Murphy, City Attorney
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the
Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of
State September 16, 2021. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local
ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance
with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more
than 2 residential units within a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development meets certain requirements,
including, but not limited to, that the proposed housing development would not require demolition
or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very low income, that the proposed
housing development does not allow for the demolition of more than 25% of the existing exterior
structural walls, except as provided, and that the development is not located within a historic district,
is not included on the State Historic Resources Inventory, or is not within a site that is legally
designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of
2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning
standards, objective subdivision standards, and objective design standards, as defined, unless those
standards would have the effect of physically precluding the construction of up to 2 units or
physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting
the imposition of setback requirements under certain circumstances, and setting maximum setback
requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of
subdivisions in the legislative body of a local agency and sets forth procedures governing the local
agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and
parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or
conditionally approved tentative map expires 24 months after its approval or conditional approval
or after any additional period of time as prescribed by local ordinance, not to exceed an additional
12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for
an urban lot split that meets certain requirements, including, but not limited to, that the urban lot
ATTACHMENT D
split would not require the demolition or alteration of housing that is subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or
very low income, that the parcel is located within a single-family residential zone, and that the parcel
is not located within a historic district, is not included on the State Historic Resources Inventory, or
is not within a site that is legally designated or listed as a city or county landmark or historic property
or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split,
including, but not limited to, authorizing a local agency to impose objective zoning standards,
objective subdivision standards, and objective design standards, as defined, unless those standards
would have the effect of physically precluding the construction of 2 units, as defined, on either of the
resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in
floor area, prohibiting the imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances. The bill would require an
applicant to sign an affidavit stating that they intend to occupy one of the housing units as their
principal residence for a minimum of 3 years from the date of the approval of the urban lot split,
unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The
bill would prohibit a local agency from imposing any additional owner occupancy standards on
applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill
would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as
described above, from 12 months to 24 months and would make other conforming or nonsubstantive
changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or
cause to be prepared, and certify the completion of, an environmental impact report on a project that
it proposes to carry out or approve that may have a significant effect on the environment. CEQA does
not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt
the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a
coastal development permit process, within the coastal zone, as defined, that shall be based on
various coastal resources planning and management policies set forth in the act.
This bill would exempt a local agency from being required to hold public hearings for coastal
development permit applications for housing developments and urban lot splits pursuant to the
above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose
a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide
concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
FOLLOWS:
SECTION 1.
Section 65852.21 is added to the Government Code, to read:
65852.21.
(a) A proposed housing development containing no more than two residential units within a single-
family residential zone shall be considered ministerially, without discretionary review or a hearing,
if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the
boundaries of which include some portion of either an urbanized area or urban cluster, as
designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel
wholly within the boundaries of an urbanized area or urban cluster, as designated by the
United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of
paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing
development would not require demolition or alteration of any of the following types of
housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low
income.
(B) Housing that is subject to any form of rent or price control through a public
entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(4) The parcel subject to the proposed housing development is not a parcel on which an
owner of residential real property has exercised the owner’s rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from
rent or lease within 15 years before the date that the development proponent submits an
application.
(5) The proposed housing development does not allow the demolition of more than 25
percent of the existing exterior structural walls, unless the housing development meets at
least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years.
(6) The development is not located within a historic district or property included on the State
Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or
within a site that is designated or listed as a city or county landmark or historic property or
district pursuant to a city or county ordinance.
(b)
(1) Notwithstanding any local law and except as provided in paragraph (2), a local agency
may impose objective zoning standards, objective subdivision standards, and objective
design review standards that do not conflict with this section.
(2)
(A) The local agency shall not impose objective zoning standards, objective
subdivision standards, and objective design standards that would have the effect of
physically precluding the construction of up to two units or that would physically
preclude either of the two units from being at least 800 square feet in floor area.
(B)
(i) Notwithstanding subparagraph (A), no setback shall be required for an
existing structure or a structure constructed in the same location and to the
same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not
described in clause (i), a local agency may require a setback of up to four feet
from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may
require any of the following conditions when considering an application for two residential units as
provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose
parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality
transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources
Code.
(B) There is a car share vehicle located within one block of the parcel.
(2) For residential units connected to an onsite wastewater treatment system, a percolation
test completed within the last 5 years, or, if the percolation test has been recertified, within
the last 10 years.
(d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development
project if the building official makes a written finding, based upon a preponderance of the evidence,
that the proposed housing development project would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or
the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term
longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an
accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority
contained within this section and the authority contained in Section 66411.7.
(g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not
be rejected solely because it proposes adjacent or connected structures provided that the structures
meet building code safety standards and are sufficient to allow separate conveyance.
(h) Local agencies shall include units constructed pursuant to this section in the annual housing
element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no
more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective
design review standards” mean standards that involve no personal or subjective judgment
by a public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. These standards may be embodi ed in
alternative objective land use specifications adopted by a local agency, and may include, but
are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and
density bonus ordinances.
(3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance
adopted to implement this section shall not be considered a project under Division 13 (commencing
with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local agency shall not be required to hold public hearings
for coastal development permit applications for a housing development pursuant to this section.
SEC. 2.
Section 66411.7 is added to the Government Code, to read:
66411.7.
(a) Notwithstanding any other provision of this division and any local law, a local agency shall
ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local
agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of
approximately equal lot area provided that one parcel shall not be smaller than 40 percent of
the lot area of the original parcel proposed for subdivision.
(2)
(A) Except as provided in subparagraph (B), both newly created parcels are no
smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to
ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone.
(B) The parcel subject to the proposed urban lot split is located within a city, the
boundaries of which include some portion of either an urbanized area or urban
cluster, as designated by the United States Census Bureau, or, for unincorporated
areas, a legal parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K),
inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition or alteration of any of
the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low,
or very low income.
(ii) Housing that is subject to any form of rent or price control through a
public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has
exercised the owner’s rights under Chapter 12.75 (commencing with Section
7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease
within 15 years before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three years.
(E) The parcel is not located within a historic district or property included on the
State Historic Resources Inventory, as defined in Section 5020.1 of the Public
Resources Code, or within a site that is designated or listed as a city or county
landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as
provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert
with the owner has previously subdivided an adjacent parcel using an urban lot split
as provided for in this section.
(b) An application for a parcel map for an urban lot split shall be approved in accordance with the
following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split
ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective
requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)),
except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require
dedications of rights-of-way or the construction of offsite improvements for the parcels being
created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
(c)
(1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may
impose objective zoning standards, objective subdivision standards, and objective design
review standards applicable to a parcel created by an urban lot split that do not conflict with
this section.
(2) A local agency shall not impose objective zoning standards, objective subdivision
standards, and objective design review standards that would have the effect of physically
precluding the construction of two units on either of the resulting parcels or that would result
in a unit size of less than 800 square feet.
(3)
(A) Notwithstanding paragraph (2), no setback shall be required for an existing
structure or a structure constructed in the same location and to the same dimensions
as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in
subparagraph (A), a local agency may require a setback of up to four feet from the
side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official
makes a written finding, based upon a preponderance of the evidence, that the proposed housing
development project would have a specific, adverse impact, as defined and determined in paragraph
(2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment
and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse
impact.
(e) In addition to any conditions established in accordance with this section, a local agency may
require any of the following conditions when considering an application for a parcel map for an urban
lot split:
(1) Easements required for the provision of public services and facilities.
(2) A requirement that the parcels have access to, provide access to, or adjoin the public right-
of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose
parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality
transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources
Code, or a major transit stop as defined in Section 21064.3 of the Public Resources
Code.
(B) There is a car share vehicle located within one block of the parcel.
(f) A local agency shall require that the uses allowed on a lot created by this section be limited to
residential uses.
(g)
(1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence for
a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as
defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1
of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in
Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than
provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term
longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application
for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j)
(1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this
section, a local agency shall not be required to permit more than two units on a parcel created
through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited
to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory
dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in
Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely
because it proposes adjacent or connected structures provided that the structures meet building
code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits
pursuant to this section in the annual housing element report as required by subparagraph (I) of
paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design
review standards” mean standards that involve no personal or subjective judgment by a
public official and are uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the development applicant or
proponent and the public official prior to submittal. These standards may be embodied in
alternative objective land use specifications adopted by a local agency, and may include, but
are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and
density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance
adopted to implement this section shall not be considered a project under Division 13 (commencing
with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of
the Public Resources Code), except that the local agency shall not be required to hold public hearings
for coastal development permit applications for urban lot splits pursuant to this section.
SEC. 3.
Section 66452.6 of the Government Code is amended to read:
66452.6.
(a)
(1) An approved or conditionally approved tentative map shall expire 24 months after its
approval or conditional approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 24 months. However, if the subdivider is
required to expend two hundred thirty-six thousand seven hundred ninety dollars
($236,790) or more to construct, improve, or finance the construction or improvement of
public improvements outside the property boundaries of the tentative map, excluding
improvements of public rights-of-way that abut the boundary of the property to be
subdivided and that are reasonably related to the development of that property, each filing
of a final map authorized by Section 66456.1 shall extend the expiration of the approved or
conditionally approved tentative map by 48 months from the date of its expiration, as
provided in this section, or the date of the previously filed final map, whichever is later. The
extensions shall not extend the tentative map more than 10 years from its approval or
conditional approval. However, a tentative map on property subject to a development
agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of
Division 1 may be extended for the period of time provided for in the agreement, but not
beyond the duration of the agreement. The number of phased final maps that may be filed
shall be determined by the advisory agency at the time of the approval or conditional
approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two
hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually
increased by operation of law according to the adjustment for inflation set forth in the
statewide cost index for class B construction, as determined by the State Allocation Board at
its January meeting. The effective date of each annual adjustment shall be March 1. The
adjusted amount shall apply to tentative and vesting tentative maps whose applications were
received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads,
highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting facilities.
(b)
(1) The period of time specified in subdivision (a), including any extension thereof granted
pursuant to subdivision (e), shall not include any period of time during which a development
moratorium, imposed after approval of the tentative map, is in existence. However, the length
of the moratorium shall not exceed five years.
(2) The length of time specified in paragraph (1) shall be extended for up to three years, but
in no event beyond January 1, 1992, during the pendency of any lawsuit in which the
subdivider asserts, and the local agency that approved or conditionally approved the
tentative map denies, the existence or application of a development moratorium to the
tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period
of time as was left to run on the map at the time that the moratorium was imposed. However,
if the remaining time is less than 120 days, the map shall be valid for 120 days following the
termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant
to subdivision (e), shall not include the period of time during which a lawsuit involving the approval
or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if
the stay of the time period is approved by the local agency pursuant to this section. After service of
the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the
local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after
receiving the application, the local agency shall either stay the time period for up to five years or deny
the requested stay. The local agency may, by ordinance, establish procedures for reviewing the
requests, including, but not limited to, notice and hearing requirements, appeal procedures, and
other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all
proceedings and no final map or parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without first processing a new tentative map.
Once a timely filing is made, subsequent actions of the local agency, including, but not limited to,
processing, approving, and recording, may lawfully occur after the date of expiration of the tentative
map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of
this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally
approved tentative map, the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized to approve or conditionally
approve tentative maps for a period or periods not exceeding a total of six years. The period of
extension specified in this subdivision shall be in addition to the period of time provided by
subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon
an application by the subdivider to extend that map, the map shall automatically be extended for 60
days or until the application for the extension is approved, conditionally approved, or denied,
whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the
subdivider may appeal to the legislative body within 15 days after the advisory agency has denied
the extension.
(f) For purposes of this section, a development moratorium includes a water or sewer moratorium,
or a water and sewer moratorium, as well as other actions of public agencies that regulate land use,
development, or the provision of services to the land, including the public agency with the authority
to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or
delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist
for purposes of this section for any period of time during which a condition imposed by the city or
county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and
the city or county either did not take the necessary action or by its own action or inaction was
prevented or delayed in taking the necessary action before expiration of the tentative map.
(2) The condition necessitates acquisition of real property or any interest in real property
from a public agency, other than the city or county that approved or conditionally approved
the tentative map, and that other public agency fails or refuses to convey the property interest
necessary to satisfy the condition. However, nothing in this subdivision shall be construed to
require any public agency to convey any interest in real property owned by it. A development
moratorium specified in this paragraph shall be deemed to have been imposed either on the
date of approval or conditional approval of the tentative map, if evidence was included in the
public record that the public agency that owns or controls the real property or any interest
therein may refuse to convey that property or interest, or on the date that the public agency
that owns or controls the real property or any interest therein receives an offer by the
subdivider to purchase that property or interest for fair market value, whichever is later. A
development moratorium specified in this paragraph shall extend the tentative map up to the
maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as
the public agency that owns or controls the real property or any interest therein fails or
refuses to convey the necessary property interest, regardless of the reason for the failure or
refusal, except that the development moratorium shall be deemed to terminate 60 days after
the public agency has officially made, and communicated to the subdivider, a written offer or
commitment binding on the agency to convey the necessary property interest for a fair
market value, paid in a reasonable time and manner.
SEC. 4.
The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide
concern and not a municipal affair as that term is used in Section 5 of Article XI of the California
Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the
Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply
to all cities, including charter cities.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the authority to levy service charges, fees,
or assessments sufficient to pay for the program or level of service mandated by this act or because
costs that may be incurred by a local agency or school district will be incurred because this act creates
a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code, or changes the definition
of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
CITY OF TEMPLE CITY
PLANNING
COMMISSION MINUTES
P A G E 1 O F 3
ATTACHMENT E
REGULAR MEETING
Tuesday November 9, 2021, 7:30 P.M.
Via Teleconference
www.templecity.us
OPENING MATTERS:
Call to Order
Chair Cordes called the Planning Commission Regular Meeting to order at 7:33 p.m. telephonically
using the GoToMeeting application.
Roll Call:
PRESENT: Haddad, Lee, O’Leary, Vice-Chair Guan, Chair Cordes
ABSENT: None
ALSO PRESENT: Community Development Director Reimers, Deputy City Attorney Thuyen, and
Planning Secretary Scott.
Pledge of Allegiance
ORAL COMMUNICATIONS / PUBLIC COMMENT:
CONSENT CALENDAR :
1. Planning Commission Minutes of September 28, 2021.
Commissioner Haddad made a motion to approve the minutes of September 28, 2021, listed on the
Consent Calendar with a correction. Seconded by Commissioner Lee and approved unanimously by the
following votes:
AYES: Commissioner – Haddad, Lee, O’Leary, Vice-Chair Guan, Chair Cordes
ABSTAIN: Commissioner – None
NOES: Commissioner – None
ABSENT: Commissioner – None
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PUBLIC HEARING ITEM :
2. Ordinance 21-1059: An ordinance amending Title 3, Chapter 3, and Title 9, Chapters 1 and 2, of
the Municipal Code in response to SB-9 (Atkins) by providing for urban dwellings and urban lot
splits. The Planning Commission will review and make a recommendation to the City Council.
The City Council will make the final decision on this project
Address: R1-1 Single-Family Zone, City of Temple City, County of Los Angeles
Recommendation: Approve the attached resolution, recommending that the City Council find
that this project is exempt from CEQA and approve Ordinance 21-1059.
Project Planner: Scott Reimers, Community Development Director
sreimers@templecity.us
Community Development Director Reimers gave a brief presentation.
Chair Cordes thanked staff for the presentation and asked the Commissioners if they had any questions
for staff.
Commissioner O’Leary asked if indeed the Ordinance would not allow any parking onsite. Mr. Reimers
clarified that parking would not be allowed onsite or offsite. Commissioner O’ Leary said this
recommendation was good. He also asked if someone does an urban lot split, can they sell the back lot
to another person. Mr. Reimers confirmed that this is allowed. Commissioner O’ Leary said that this
would really limit who would be interested in purchasing a lot with no parking.
Commissioner Haddad stated that parking was the most important part of this Ordinance, for him. He
asked if all the R-1 zoned parcels in the City are within areas where the City could not require parking
per SB-9. Mr. Reimers said that the areas within a half-mile of Santa Anita Ave. and Lower Azusa Rd.
would not be required to having parking under State law. Commissioner Haddad stated that his
preference is for the Ordinance to not allow parking.
Commissioner Lee had a question about low-income residents. He asked about the mechanism for
ensuring that the residents will be low-income. Mr. Reimers stated that staff has some background on
reviewing applications to ensure compliance with low-income requirements. The City will need to
produce guidelines on how to implement the low-income housing requirements. Commissioner Lee
also asked for clarification about limitations on subdividing adjacent lots. Mr. Reimers clarified that one
owner cannot subdivide two lots that are next to each other, but two properties owned by two different
entities or persons can be subdivided as an urban lot. Commissioner Lee stated that he appreciated
this rule in SB-9.
Vice-Chair Guan asked staff to verify that someone can do multiple lot splits over time if they are not
adjacent to each other. Staff stated this was true. She also asked if this ordinance only applies to urban
dwellings and lot splits. Staff confirmed that these rules do not apply to any other projects. In
reference to parking, she said that since the City cannot require parking in some areas at all then either
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the tenants must park on the street, or they do not have a car. Mr. Reimers clarified that overnight
parking permits would not be granted to residents of urban dwellings. Commissioner Guan asked what
the intent of this was. Mr. Reimers said the intent was to create more open space, reduce congestion,
decrease greenhouse gas emissions, and to further comply with State law which intends for these units
to be in urban areas with good transit service. Commissioner Guan asked if staff has a system in place
to ensure that permits would not be granted to residents of urban dwellings. Staff confirmed that the
City can screen out urban dwelling units. Mr. Reimers said that similar rules exist in the Crossroad
Specific Plan. Commissioner Guan asked about the architectural styles listed in the Ordinance and
whether that would only apply to urban dwelling units. Mr. Reimers confirmed that the limitation on
architectural styles would only apply to urban dwellings. She asked if staff has examples for the public
to follow in relation to architectural styles. Mr. Reimers said that this was a good idea, and that staff
could prepare a handbook for the public.
Chair Cordes wanted to confirm that all the lots involved in an urban lot split would need to comply
with the no parking onsite and offsite rule. Mr. Reimers confirmed this was the case. Chair Cordes said
he agreed with the approach as it would help alleviate traffic, reduce greenhouse gas emissions, and
better utilize the lot toward open space.
Deputy City Attorney Thuyen clarified that the staff’s plan is to have an urgency ordinance and a regular
ordinance. This would ensure that local rules would be in place at the time SB-9 came into effect. Staff
will clarify an effective date within the ordinances.
Chair Cordes highlighted that completion of this ordinance is just the first step. The City still needs to
move forward on initiatives like impact fees. He asked if the staff could do a follow up with the
Commission later next year, especially if technical corrections are necessary. Mr. Reimers said that staff
can come back next year to report on the implementation of the ordinance.
Commissioner O’Leary said that the City should really strive to have an ordinance in place prior to
January 1. Mr. Reimers said that his concern is that the State may continue to adjust laws related to
urban lot splits and urban dwellings. If that does happen, then staff will be coming to the Commission
with an update to the Zoning Code.
Vice-Chair Guan asked if floor area ratio (FAR) applies to urban dwellings. Mr. Reimers confirmed that
FAR does apply to urban dwellings. The two spoke up about larger lots and how those property owners
would benefit from building a single-family house with an ADU. In those cases, property owners could
build 4,000 square feet. Otherwise, if they built urban dwellings, they would only build 1,600 square
feet. On very small lots, if someone wants to build a single-family house, they will max out their living
area and FAR very quickly. So, it may be more financially advantageous to build urban dwellings on
these lots rather than a single-family house and ADU.
Chair Cordes opened the public comments.
Yu Wen Taylor stated that she was opposed to the prohibition of on-site and off-site parking.
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Another public speaker, Min, asked about the maximum square footage allowed, the maximum height,
whether a public hearing is required. She also asked for more information about tree preservation.
Bob Chen e-mailed asking for more information about the height limitation, whether a detached ADU
was also allowed, LEED requirements, selling a property after it has been split, and removing trees.
Chair Cordes asked Mr. Reimers to respond to the public comments. Mr. Reimers answered the public’s
questions. He stated that:
There is no requirement to have a public hearing to subdivide the lot.
Trees can be removed if they keep someone from reaching the minimum 800 square feet.
State law allows for units to be detached or attached.
LEED, is a national organization that specializes in determining if a structure is environmentally
sustainable.
There is nothing in the code about the size of easements because staff is waiting for Los Angeles
County Fire Department to set those requirements.
The maximum height is 18 feet.
Owners cannot build more than 800 square feet urban dwellings.
The property can be sold.
Commissioner Haddad moved to close the public comments. The motion was seconded by Vice-Chair
Guan.
Chair Cordes highlighted that there are other options, besides an urban lot split and urban dwelling. It
is also possible to build an ADU or JADU. He also highlighted that this ordinance does not change the
existing regulations on existing residents. It only sets up rules for urban dwellings, urban lot splits, and
the inhabitants of both. He then asked the Commissioners for their comments.
Commissioner O’Leary thanked staff for their work on the ordinance and stated that it was
comprehensive. He said that in relation to impact fees, about 30 years ago the fee was $300. Now it is
$500. He said that the impact fee needs to be higher and that we need to have a fee on sewer impacts.
He said that future residents can get around using Uber. He said he supported the ordinance as
presented.
Commissioner Haddad said he could make the findings to approve the resolution. He stated that he
heard the public’s input. He said he supports the SB-9 lots not to have parking. He said that over time
this will increase the number of people using transit, walking, and biking. This in turn will hopefully
result in better infrastructure and services for transit, walking, and biking which will help all residents
help improve sustainability. He thanked staff for their efforts.
Commissioner Lee said he could make the findings, as well.
Vice-Chair Guan said she heard the public and understands why staff has made its recommendations
and agrees with the staff recommended ordinance. She also stated that it would be beneficial if the
ADU laws were relaxed to provide an alternative to urban dwellings and urban lot splits. Specifically,
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she recommended that the first 800 square feet of ADUs be exempt from the City’s FAR rules. Deputy
City Attorney Thuyen said that any changes to ADU law was outside the scope of the public hearing and
would need to be brought back under a different Ordinance. Mr. Reimers stated that staff is expecting
to return to the Commission in 2022 with another ADU clean up ordinance.
Chair Cordes thanked staff and the City Attorney’s Office for getting the Ordinance prepared in only six
weeks. He also thanked City Council for their direction at the Joint Session. He also thanked the other
Commissioners for their insights. He stated that California cities have had a major problem with
homelessness and a housing shortage. While SB-9 may benefit to some degree it will drastically
change the character of cities. As Planning Commissioners, it is their job to implement SB-9 the best
they can while still maintaining the character of the City. He said it improves the prospect of
homeownership at affordable rates. He said the Ordinance weeds out businesses that are trying to buy
up properties and drive-up prices. He said that the City should be trying to provide housing for the
needy, not the greedy. He appreciated requiring projects to meet LEED standards, to improve the
environment. He said he appreciates the desire to keep the City’s community character and minimize
blight.
Commissioner Haddad made a motion to approve the attached resolution, recommending that the City
Council find this project exempt from CEQA and approve Ordinance 21-1059. Seconded by Commissioner
O’Leary and carried by the following roll call vote:
AYES: Commissioner – Haddad, Lee, O’Leary, Vice-Chair Guan, Chair Cordes
ABSTAIN: Commissioner – None
NOES: Commissioner – None
ABSENT: Commissioner – None
F UTURE AGENDA ITEMS A ND REPORTS:
3. Community Development Director
Community Development Director Reimers gave an update on the housing element changes
and stated the mixed use project on Rosemead Blvd had their ground breaking ceremony. He
also thanked veterans for their service.
4. Comments from Commissioners
Commissioner Haddad – Commented on the street light pole repair being done in the city and
wished everyone a happy Veteran’s Day and Thanksgiving.
Commissioner O’Leary – Thanked everyone and wished all a happy Veteran’s Day.
Vice-Chair Guan – Wished everyone a happy Veteran’s Day and Thanksgiving and said she is
looking forward to the ordinance modifying rules on ADUs.
Chair Cordes- Wished everyone a happy Veteran’s Day and Thanksgiving.
Commissioner Lee – Thanked Director Reimers and Chair Cordes for their service.
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ADJOURNMENT :
5. The Planning Commission Meeting was adjourned at 9:12 p.m.
____________________________
Chair
____________________________
Secretary
City of Temple City
URBAN LOT SPLITS
A Q U I C K R E F E R E N C E
Page 1 of 2
ATTACHMENT F
Senate Bill 9 (SB-9, Atkins) changed California Government Code Sections 6452.6, 65852.21, and 66411.7
to allow for urban lot splits. The following is summary of the law. For the full text of the change, click
here.
What it Allows:
One lot can be divided into a maximum of two lots
Lots must be at least 40 percent the size of the original lot
Minimum size of new lot is 1,200 square feet
Each lot can have two units
ADUs and JADUs are counted toward the maximum
Each unit can be at least 800 square feet
Setbacks:
Rear and side setbacks can be as little as four feet
No additional setbacks for existing structures
No additional setbacks for structures replacing existing structures (new structure must be same
size and location)
Parking:
The City cannot require more than one parking space per unit
The City cannot require any parking if…
o .5 mile walk to a “high quality transit corridor”
o .5 mile walk of a “major transit stop”
o Car share vehicle within 1 block
Limitations on Demolition:
Must not demolish or alter:
o Legally restricted affordable housing
o Housing subject to rent control
o Housing occupied by a tenant within the last three years
If the site has been rented in the last three years, cannot demolish more than 25 percent of the
exterior walls
Processing Requirements:
The City cannot apply subjective rules, such as design guidelines
Must be approved ministerially
No discretion can be used in reviewing applications
No hearing can be required
Rights of Way & Easements:
Cannot require dedication of right of way
Cannot require construction of offsite improvements
City can require an easement to the public right of way
CITY OF TEMPLE CITY PLANNING DIVISION
URBAN LOT SPLITS - QUICK REFERENCE GUID E
Page 2 of 2
Other requirements:
Cannot be used for short term rentals
Not required to approve an ADU or JADU, as well
Structures can be attached
Owner must sign affidavit that owner will live on-site for 3 years
Cannot subdivide in the future as an urban lot subdivision
Same owner cannot subdivide an adjacent site
City must allow owner to keep non-conforming conditions (e.g. setbacks)
ATTACHMENT G
Income Limits for 2021
Number of persons in
household 1 2 3 4 5 6 7 8
Los
Angeles
County
Area
Median
Income:
$80,000
Extremely
Low $24,850 $28,400 $31,950 $35,450 $38,300 $41,150 $44,000 $46,800
Very Low $41,400 $47,300 $53,200 $59,100 $63,850 $68,600 $73,300 $78,050
Low $66,250 $75,700 $85,150 $94,600 $102,200 $109,750 $117,350 $124,900
Median $56,000 $64,000 $72,000 $80,000 $86,400 $92,800 $99,200 $105,600
Moderate $67,200 $76,800 $86,400 $96,000 $103,700 $111,350 $119,050 $126,700
https://hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits/docs/income-limits-2021.pdf
Summary of SB-9 (Atkins)Urban Lot Splits
City Council & Planning Commission Special
Meeting
October 5, 2021
ATTACHMENT H
Summary
1 –Explanation of Urban Lot Splits & SB -9
2 –Sample Site Plans
3 –Options for City Initiatives
2
1 –Explanation of Urban Lot Splits & SB-9
City Council & Planning Commission Special Meeting
October 5, 2021
SB 9 –Atkins, Urban Lot Splits
What it Allows:
Converts existing R-1 zones with a max. density of 6 units per acre to approximately 35 units per acre
1 single family house can be subdivided into 2 units
1 lot can be divided into a max. of 2 lots
ADUs and JADUs are counted toward the maximum
Each unit can be at least 800 sq ft
4
SB 9 –Atkins, Urban Lot Splits
What it Allows:
New lots must be at least 40% the size of the original lot
Min. size of new lot is 1,200 sq ft
5
SB 9 –Atkins, Urban Lot Splits
Location Requirements:
Must be in an “urban area”
Must not be within an historic district
6
Census Urban Area
N
SB 9 –Atkins, Urban Lot Splits
Setbacks:
Rear and side setbacks can be as little as 4 feet
No additional setbacks for existing structures
No additional setbacks for replacement structures (new structure must be same size and location)
7
SB 9 –Atkins, Urban Lot Splits
Parking:
Cannot require more than 1 parking space per unit
8
Cannot require any parking if…
.5 mile walk to a “high quality transit corridor”
.5 mile walk of a “major transit stop”
Car share vehicle within 1 block
Ro
s
e
m
e
a
d
B
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v
d
.
Sa
n
t
a
A
n
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a
A
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.
High Quality Transit Area
Temple City –High Quality Transit Area
N9
ATTACHMENT B
SB 9 –Atkins, Urban Lot Splits
Limitations on Demolition:
Must not demolish or alter:
Legally restricted affordable housing
Housing subject to rent control
Housing occupied by a tenant within the last three years
10
If rented in the last 3 years, can’t demolish more than 25% of the exterior walls
SB 9 –Atkins, Urban Lot Splits
Prohibits use of subjective*:
Design standards
Lot subdivision standards
Zoning standards
*Subjective = standards that involve no personal or
subjective judgment and are uniformly verifiable or
involve a uniform benchmark11
SB 9 –Atkins, Urban Lot Splits
Processing Requirements:
Must be approved ministerially*
No discretion can be used
No hearing can be required
*Ministerial = a decision involving little or no personal judgment by a public official as to the wisdom or manner of carrying out the action, including the issuance of a permit12
SB 9 –Atkins, Urban Lot Splits
•Rights of Way & Easements
Can require an easement to the public right of way
Cannot require dedication of right of way
Cannot require construction of offsite improvements
13
SB 9 –Atkins, Urban Lot Splits
Structures can be attached
Owner must sign affidavit that owner “intends” to live on-site for 3 years
14
Other requirements:
Cannot be used for short term rentals
Not required to approve an ADU or JADU, as well
SB 9 –Atkins, Urban Lot Splits
Other requirements:
Cannot subdivide in the future as an urban lot
Same owner cannot subdivide an adjacent site
15
Must allow owner to keep non-conforming conditions (e.g. setbacks)
2 –Sample Site Plans
City Council & Planning Commission Special Meeting
October 5, 2021
1.A
Site Plan 1.A
Lot Dimensions 50’ x 200’
Lot Size 10,000 sq ft
Driveway width 20’
Size of Units 850 sq ft
Density 17 units/acre
Lot Coverage 42.4 %
1.B
Site Plan 1.B
Lot Dimensions 50’ x 200’
Lot Size 10,000 sq ft
Driveway width 15’
Size of Units 800 sq ft
Density 17 units/acre
Lot coverage 40.4%
2.A
Site Plan 2.A
Lot Dimensions 50’ x 150’
Lot Size 7,500 sq ft
Driveway width 20’
Size of Units 1,400 sq ft
Density 23 units/acre
Lot coverage 42.9%
Floor area ratio .86
2.B
Site Plan 2.B
Lot Dimensions 50’ x 150’
Lot Size 7,500 sq ft
Driveway width 15’
Size of Units 1,500 sq ft
Density 23 units/acre
Lot coverage 45.6%
Floor area ratio .91
2.C
Site Plan 2.C
Lot Dimensions 50’ x 150’
Lot Size 7,500 sq ft
Driveway width 15’
Size of Units 800 sq ft
Density 23 units/acre
Lot coverage 27%
Floor area ratio .43
Site Plan 2.D
Lot Dimensions 50’ x 150’
Lot Size 7,500 sq ft
Driveway width None
Size of Units 800 sq ft
Density 23 units/acre
Lot coverage 53%
2.D
Site Plan 3.A
Lot Dimensions 50’ x 100’
Lot Size 5,000 sq ft
Driveway width 12’
Size of Units 800 sq ft
Density 35 units/acre
Lot coverage 40.4%
Floor area ratio .64
3.A
Site Plan 4.A
Lot Dimensions 90’ x 70’
Lot Size 6,300 sq ft
Driveway width 12’
Size of Units 1,250 sq ft
Density 28 units/acre
Lot coverage 46%
Floor area ratio .79
4.A
Site Plan 4.B
Lot Dimensions 90’ x 70’
Lot Size 6,300 sq ft
Driveway width 12’
Size of Units 800 sq ft
Density 28 units/acre
Lot coverage 35%
Floor area ratio .51
4.B
3 –Options for City Initiatives
City Council & Planning Commission Special Meeting
October 5, 2021
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Historic preservation: Adopt historic preservation ordinance allowing neighborhoods to apply to be historic
27
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Impact fees: Establish impact fees to reduce impact on existing infrastructure
28
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Affordability requirements: Require units to be affordable
29
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Parking and traffic: Prohibit on-site and off-site parking
30
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Environmental impacts: Reduce environmental impacts by requiring LEED or Pearl certification
31
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
New development standards: Set development standards applicable to urban lot splits
32
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Set new development standards:
Max. unit size
Max. height
Open space
Parking
Front porch dimensions
Adjust existing regulations:
Lot splits
Flag lot subdivisions
33
SB 9 –Atkins, Urban Lot Splits
Options for City Initiatives:
Design standards: Create objective design standards
34
Next Steps
•November 9 –Planning Commission meeting
•December 7 –City Council hearing on urgency
ordinance
•December 8 –City ordinance comes into effect
•January 1 –State law goes into effect
•Urgency & regular ordinance