HomeMy Public PortalAboutCity Council_Ordinance No. 23-1071_Amending Title 9 Chapter 1 of the TCMC regarding Urban Dwellings and Urban Lot Splits pursuant to Senate Bill 9_6/6/2023_RegularORDINANCE NO. 23-1071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9, CHAPTER 1
OF THE TEMPLE CITY MUNICIPAL CODE REGARDING URBAN
DWELLINGS AND URBAN LOT SPLITS PURSUANT TO SENATE
BILL 9
WHEREAS, Senate Bill 9 ("SB 9") requires all cities and counties to ministerally review
and approve certain housing developments containing no more than two residential units within
a single family residentially zoned lot ("Urban Dwellings"), as well as certain subdivisions in which
one existing single family residential zoned lot is subdivided to create two single family zoned lots
("Urban Lot Splits"); and
WHEREAS, all cities and counties may adopt regulations establishing objective standards
for Urban Dwellings and Urban Lot Splits; and
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, the proposed amendments to the TCMC implement requirements of State
law, specifically Government Code section 65852.21 and the City's General Plan.
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS AS FOLLOWS:
SECTION 1: ZONING CODE AMENDMENT FINDINGS PER TCMC 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;
These amendments are consistent with the policies of the General Plan. Land Use Policy
2.2 states that the City will "Provide opportunities for a full range of housing types,
densities, locations, and affordability levels to address the community's fair share of
regional, senior, and workforce housing needs and provide a strong customer base
sustaining the economic vitality of Temple City's commercial businesses." Additionally, it
meets the Housing Element program C-12 which states, "Based on HCD's review, the City
will amend its urban lot splits and urban dwelling requirements as necessary to comply
with State law." Therefore, this finding can be made.
B. The proposed amendment will not be detrimental to the public health, safety, or welfare
of the city; and
Ordinance No. 23-1071
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The purpose of the proposed change is to improve the public welfare by providing
additional housing in the community and to assist in making housing more affordable. The
City has, to the extent feasible under State law, provided for limitations to reduce the
negative impacts of urban dwellings and urban lot splits.
C. The proposed amendment is consistent with other applicable provisions of this Zoning
Code.
The proposed changes are consistent with regulations throughout the Zoning Code.
SECTION 2: AMENDMENT OF SECTION 9-1T-21 OF CHAPTER 1 OF TITLE 9 OF THE
TCMC
Section 9-1T-21 (URBAN DWELLINGS AND URBAN LOT SPLITS) of Chapter 1 of Title 9 of the
TCMC is amended as follows, with additions in underline and deletions in strikethrough. All other
contents of this section will remain unchanged.
A. Urban Dwellings: The following requirements apply to urban dwellings in accordance with
Section 65852.21 of the Government Code:
4. Objective Zoning Standards:
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. On a site where no lot split
is proposed, the maximum number of units must not exceed two urban dwellings
and two ADUs or two urban dwellings and two Junior ADUs.
square feet.
6. Objective Design Standards for New Construction: The following standards apply to
all new construction, not additions:
m. Courtyards: Urban dwellings that are new construction, and not an addition,
must include a main open space courtyard that meets the requirements of 9 -1G -
22.H and 9 -1G -22.I. ,
Mechanical or utility equipment can be in private open spaces. Courtyards must
Ordinance No. 23-1071
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entrances to ground floor -units -must be accessed-fron the s et_frontage--OE
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 lens.
T-Ise-eeuya-rd must be surrounded by structures „n at (east two sides.
SECTION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
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 4. SEVERABILITY
The City Council declares that, should any provision, section, subsection, paragraph, sentence,
clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or
unconstitutional by any final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, such decision or action will not affect the validity of the remaining section
or portions of the Ordinance or part thereof. The City Council declares that it would have
independently adopted the remaining provisions, sections, subsections, paragraphs, sentences,
clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more
provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be
declared invalid or unconstitutional.
SECTION 5: CERTIFICATION AND PUBLICATION
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 6th day of June, 2023.
ATTEST:
Peggy Kuo, City Clerk
William Man, Mayor
APPROVED AS TO FORM:
Gre urphy, City Attorney
Ordinance No. 23-1071
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I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 23-1071 was introduced at the regular meeting of the City Council of the City of
Temple City held on the 16th day of May, 2023 and was duly passed, approved and adopted by
said Council at the regular meeting held on June 6th, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember —
Councilmember —
Councilmember —
Councilmember —
Sternquist, Vizcarra, Yu, Chavez, Man
None
None
None
Peggy uo, City Clerk