HomeMy Public PortalAboutCity Council_Ordinance No. 21-1059_Amending TCMC to Provide for Urban Dwellings and Urban Lot SplitsORDINANCE 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, 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withdrawn from rent or lease within the past 15 years, and housing that requires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. 21-1059
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 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 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; 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 -6.1.7.a provides the specific
procedures for adopting such an ordinance.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FrI 1 "N
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 fagade. 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 9-1 G-2. All other contents of this Table 9-1 G-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 from
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.
9.
Floor Area Ratio: The floor area ratio incentive bonuses found in 9-
1 G-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.
I. 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 Facade 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
Building Wall — Roof line
Roof
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 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.
I. 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.
16'-92'
Ordinance No. 21-1059
Page 13 of 24
1n y w t In 1 f 'n ve L
■
T 1S' —S2
{ 22 —30.
(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.
(litre
T,Ocal Oa&. flool Ears S.c.. O1&. End E1.rallon
O.b. End Neal.
(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
1
k J
a_
SN...A.tau Cd.m Wu
5 de Gable
'L' Shape
Ftnnt Gahk
Iva and lioldednildpwa,
(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.
2'x 2' Pickets
Section of Typical Balcony
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.
11 .
L�I
SI
Typical Secllon
(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.
srq. PI..J.bowa Pow
orb 04/. pa:,
Pa. Dua
(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.
LTJ
Paneled a d Board Shutters
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. Entrance
doors must have a width greater than 36 inches. This can be
accomplished by adding side lites. Double doors are not
permitted.
1,2
000 f' o0
22'-32'
Jr
dnn
na
22'-32'
(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
Typical Eve Section
Gable Eno Section
(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.
<clan of Typeal Pooch
1
7
1!:
IV• -t0'
H e-Hcyn fled• POet H Y-HtgM BO. C*cnc
(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
Cap
5(4'x 6'
2'x 3' Sill
Simple 6-Inci Trim
(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.
111
Ili
PwaY Glued Dro.
1
I tot Gleme
(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.
P reb M Lo.nred SMfa
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 9-1 C -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 4th day of January, 2022.
Vincent Yu, Mayor
Ordinance No. 21-1059
Page 24 of 24
ATTEST:
Peggy Kuo, City Clerk
APPROVED AS TO FORM:
Greg Murphy, City Attorney
Ordinance No. 21-1059 was introduced for first reading at the City Council Regular
Meeting of December 21, 2021, and adopted at the City Council Regular Meeting of
January 4, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember — Chavez, Man, Vizcarra, Sternquist, Yu
Councilmember — None
Councilmember — None
Councilmember — None