HomeMy Public PortalAboutCity Council_Ordinance No. 22-1068_Expedited, non-discretionary multi-family review process_9/19/2023_RegularONNIM
ORDINANCE NO. 22-1068
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMPLE CITY, CALIFORNIA, AMENDING TITLE 9,
CHAPTER 1 OF THE TEMPLE CITY MUNICIPAL CODE TO
ESTABLISH . AN EXPEDITED, NON -DISCRETIONARY
MULTI -FAMILY (R-2 ZONE) REVIEW PROCESS, AND
ASSOCIATED ZONING CODE AMENDMENTS
PERTAINING TO OBJECTIVE DEVELOPMENT
STANDARDS
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 that have arisen since the last update of the Temple City Zoning Code; and
WHEREAS, SB 478 (Housing Opportunity Act), which took effect in January 2022,
enables the construction of multi -family units where restrictions on Floor Area Ratio (FAR)
and minimum lot size restrict their development; and
WHEREAS, the creation of an expedited, non -discretionary approval process with
prototype architectural plans for multi -family projects in the R-2 zone will help to simplify
the approval of such projects and help the City achieve its regional housing needs
allocation (RHNA) by more quickly approving development plans; and
WHEREAS, the City of Temple City applied for and received grant funding under
the California Department of Housing & Community Development's SB 2 Planning Grant
Program to prepare the prototype designs and expedited approval process; and
THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY ORDAINS
AS FOLLOWS:
SECTION 1: Section 9-1 C-6 of the TCMC (Specific Procedures) is amended to establish
an expedited multi -family review process as demonstrated, below, with additions in
underline. All other contents of this section will remain unchanged.
L. EXPEDITED NON -DISCRETIONARY MULTI -FAMILY REVIEW
1. Purpose: The expedited multi -family review process:
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a. Provides an optional expedited, non -discretionary, approval process for
multi -family development projects in the R-2 zone that utilize the City's
architectural prototypes and design palettes for multi -family projects.
Approval under the expedited multi -family review process is considered
ministerial and does not involve discretionary (site plan) review.
b. Ensures that development occurs in a manner consistent with the overall
goals and objectives of the city's general plan.
c. Ensure that multi -family developments approved under the expedited
review are consistent with the standards and regulations contained in the
code.
d. Ensure that the proposed architectural design and treatment of construction
is consistent with the design guidelines contained in the code.
e. Ensure that the proposed architectural design and treatment of construction
is designed to minimize adverse aesthetic and environmental impacts on
the site and its surroundings and are compatible with its surroundings.
2. Applicability: Any new multi -family residential development in the R-2 zone, as
determined by the director, that utilizes the architectural prototypes and palettes
contained in the City's architectural prototype and palette library, adopted by
reference via Resolution No. 22-5639, and as modified from time to time.
3. Application: An application for review under the objective design standards must
be filed and reviewed pursuant to section 9-1 C -5-B Application.
4. Approval Authority: The director acts on projects submitted under this section.
When the project involves a subdivision or other entitlement requiring a public
hearing (such as a variance), the planning commission will review the tentative
map only.
5. Scope of Review: Prior to commencing the expedited multi -family review process,
the director will determine whether the project substantially complies with the
architectural prototypes and design palettes, zoning code (except the design
criteria and any subjective provisions), and any applicable objective standards in
a specific plan. The director will utilize a specially prepared checklist for
determining "substantial compliance". This checklist will be provided to the
applicant prior to submittal.
6. Public Hearing: Projects submitted under this section do not require a public
hearing, unless the project is submitted with an entitlement requiring Planning
Commission or City Council Review, such as a tentative map or density bonus.
7. Notice: Within 1 -week of approval, a Notice of Future Construction will be mailed
to the adjacent property owners within 100 -feet. The notice must include a
description of the project and contact information for the City and applicant. It is
the applicant's responsibility to provide the City with a radius map, ownership list,
one set of mailing labels, and an affidavit certifying the accuracy of the map and
ownership list when an application is submitted. Notice for a project involving a
subdivision will occur in compliance with section 9-1 C -5-E Notice.
8. Post Decision Procedures: Procedures and requirements of 9-1 C -5-H Post
Decision Procedures will apply to projects submitted under the objective design
standards provisions.
Ordinance No. 22-1068
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SECTION 2: Section 9-1G-22, Table 9-1G-8 of the TCMC (Temple City R-2 Development
Standards) is amended to ensure compliance with SB 478 (Housing Opportunity Act), as
demonstrated, below, with additions in underline. All other contents of this section will
remain unchanged.
TABLE 9-1G-8
TEMPLE CITY R-2 DEVELOPMENT STANDARDS
Adjacent to Adjacent to Not Adjacent Notes
R-1 R -2/R-3 to Residential
Maximum Floor Area Ratio
Dwelling & 0.50* 0.50* 0.50* Of lot size
Attached including
Garages attached
garage.
Maximum Lot Coverage
Dwellings and 50%* 50%* 50%*
structures
* Per Cal. Gov. Code § 65913.11, for projects consisting of 3 to 10 units, lot coverage and
FAR restrictions may not prevent multifamily projects from achieving the following floor
area ratios: the minimum FAR for projects consisting of 3-7 units is 1.0; the minimum FAR
for projects between 8-10 units is 1.25.
SECTION 3: Section 9-1 G-22: of the TCMC (R-2 Zone District Residential Development
Standards) is amended to add the following footnote:
D. Maximum Floor Area Ratio:
5. No multiple -family residential project may exceed a total floor area ratio
(FAR) of 0.50* (see note in Table 9-1 G-8 regarding SB 478).
SECTION 4: 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,
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sections, subsections, paragraphs, sentences, clauses, phrases, or words may be
declared invalid or unconstitutional.
SECTION 5: The City Council finds that this Ordinance exempt from environmental
review under the California Environmental Quality Act (CEQA) pursuant to Section 15305
of the CEQA Guidelines (Minor Alterations to Land Use Limitations) and Section
15061(b)(3) of the CEQA Guidelines because it can be seen with certainty is not a project
as defined in Section 15378 and it can be seen with certainty that the activity in question
will not have a significant effect on the environment.
SECTION 6: 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 19th day of September, 2023.
/hi
William Man, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk
re. rphy, City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 22-1068 was introduced at the regular meeting of the City Council of the
City of Temple City held on the 5th day of September 2023, and was duly passed,
approved and adopted by said Council at the regular meeting held on September 19th,
2023 by the following vote:
AYES: Councilmember — Sternquist, Vizcarra, Chavez, Man
NOES: Councilmember — None
ABSENT: Councilmember — Yu
7
Peggy Kuf, 't Clerk