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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 Page 2 of 4 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 Page 3 of 4 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 Page 4of4 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