HomeMy Public PortalAboutOrdinance 14-981 Renaming Article R1
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ORDINANCE NO. 14 -981
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY
AMENDING THE TEMPLE CITY MUNICIPAL CODE RENAMING ARTICLE R,
"RESIDENTIAL PLAN DEVELOPMENT, RPD" TO "RESIDENTIAL OVERLAY
DISTRICTS" AND TO CREATE AN INFILL COMMUNITY (IC) OVERLAY ZONING
DISTRICT
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The City council has considered all of the evidence submitted into the administrative
record which includes but is not limited to:
1. Reports and presentations of project related data and analysis prepared by the Community
Development Department for the December 10, 2013 Planning Commission Meeting; and
the January 7, 2014 and January 21, 2014 City Council Meetings;
2. The Mitigated Negative Declaration, Initial Study, Mitigation Monitoring and Reporting
Program, and all other supporting environmental documentation and technical studies;
3. The Temple City Municipal Code, General Plan, and all other applicable regulations and
codes;
4. Public comments, both written and oral, received or submitted prior to the public hearing,
supporting or opposing the applicant's request;
5. Testimony and comments submitted by the applicant and representatives in both written and
oral form at or prior to the public hearing; and
6. All other related documents received or submitted prior to the public hearing.
SECTION 2. The City Council reviewed and considered the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program (MMRP) and in view of all of the evidence concludes
that based upon the facts and information contained in the proposed Mitigated Negative Declaration
and MMRP, together with all written and oral reports included for the environmental assessment for
the application, the City Council finds that with the proposed mitigation measures, there is no
substantial evidence that the project will have a significant effect upon the environment and adopts
the Mitigated Negative Declaration and MMRP based upon the findings as follows:
1. The Mitigated Negative Declaration has been prepared in compliance with the California
Environmental Quality Act and the State CEQA guidelines promulgated thereunder; that said
Mitigated Negative Declaration and the Initial Study prepared therefore reflect the
independent judgment of the City Council; and, further, this Council has reviewed and
considered the information contained in said Mitigated Negative Declaration and MMRP with
regard to the application.
2. Based upon the design of proposed project and the mitigation measures incorporated, no
significant adverse environmental effects will occur.
3. Pursuant to the provisions of Section 753.5(c) of Title 14 of the California Code of
Regulations, the City Council finds that in considering the record as a whole, including the
Initial Study, Mitigated Negative Declaration, and MMRP for the project, there is no evidence
that the proposed project will have potential for an adverse impact upon wildlife resources or
the habitat upon which wildlife depends. Furthermore, based upon substantial evidence
contained in the Mitigated Negative Declaration, MMRP, the staff reports and exhibits, and
the information provided to the Planning Commission and the City Council during the public
Ordinance 14 -981
Zoning Code Amendment to create Infill Community Overlay District
Page 2
hearing, the City Council hereby rebuts the presumption of adverse effect as set forth in
Section 753.5(c -1 -d) of Title 14 of the California Code of Regulations.
SECTION 3. "Article 9.2 Infill Community (IC) Overlay District" is hereby added to Title 9.
Chapter 1.
SECTION 4. Section 9449.1 through 9449.4 is hereby added to Title 9. Chapter 1. Article
R.2 and shall read as follows:
9449.1: Purpose:
The Infill Community Overlay District is introduced to establish standards of development for medium
and high density residential development at sites that are underutilized, vacant, or unimproved with
essential physical infrastructure and are not part of an existing neighborhood. The site may be
surrounded by non - residential uses, physical barriers or impediments that obstruct access, public
services, or utility services. The Infill Community Overlay District is established to ensure that the
residential development proposed on these infill sites are compatible with existing surrounding land
uses, have sufficient access to public streets, infrastructure, and services, and that the residential
development has taken into account of all environmental, physical, and all site constraints.
9449.2: Applicability:
A. Infill sites must meet the following conditions in order to be rezoned with the Infill Community
Overlay District designation:
1. Property must be within the R -2 or R -3 zoning districts;
2. The property must not be a part of an existing established neighborhood;
3. Project site shall have no less than 5 acres of contiguous developable area.
4. Project site shall have physical or environmental constraints such as shape,
topography, site access, noise, etc. which prevent the property from meeting the
normal requirements of the R -2 or R -3 zoning districts.
9449.3: Reclassification Procedure and Development Review:
A. Reclassification of the Infill Community Overlay District shall require the application of a
General Plan Amendment and Zone Change.
B. All development within the Infill Community Overlay District shall be subject to site plan
review and applicable discretionary permits, application submittal requirements, and
approval procedures through the Community Development Department, Planning
Commission and /or City Council.
9449.4: Standards of Development:
Multi- family residential development shall comply with the density and provisions of the underlying
zoning district except as follows:
A. Minimum Lot Size: 1,400 square feet
B. Attached Units: No more than thirty -three percent (33 %) of the total units shall be comprised
of attached units.
Ordinance 14 -981
Zoning Code Amendment to create Infill Community Overlay District
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C. Lot Coverage: Maximum lot coverage is seventy percent (70 %) of the individual lot area.
D. Floor Area Ratio shall be calculated on the net developable lot area:
1. R -2 Zone: 0.60
2. R -3 Zone: 0.70
E. Second Story Floor Area: The second story floor area of any detached dwelling unit shall not
exceed ninety -five percent (95 %) of the first story floor area, including attached garages.
The second story ratio for the attached units (zero lot line), shall be calculated using the
living area and attached garage for all attached units.
F. Required Setbacks:
1., A minimum 3 -foot setback is required for all habitable space on the 1st and 2nd floor
inclusive of architectural elements, such as bay windows, fireplaces, planter boxes
or similar items; cornices, eaves, and elements that do not restrict emergency
service access may encroach up to eighteen (18) inches.
2. 2nd floor projections over the first floor are permitted in all yards and shall comply
with the 3 -foot setback requirement; 2nd floor projections on the access driveway
side may have zero setback but in no case shall the 2nd floor projection extend over
the property line.
3. Decorative architectural features not used for living purposes may encroach up to
eighteen (18) inches into the 3 -foot setback provided a minimum three (3) foot
access is provided to the satisfaction of the Fire Department.
4. Zero Lot Line: Residential units may also be attached to other units, therefore
forming a zero lot line.
G. Required Parking:
1. 2 private garage spaces shall be provided for each unit.
2. 3/4 guest parking spaces shall provided for each unit. The surface of guest parking
spaces may include impervious materials.
H. Development within the Infill Community Overlay District shall comply with the architectural
design guidelines and articulation requirements in the underlying zone to the intent of
achieving a high quality project and shall be subject to the approval of the appropriate
approval body.
1. A minimum of one (1) recreational area or common open space shall be provided for every
twenty -five (25) units. The minimum size of each recreational area shall be 5,000 square
feet and have a minimum width of forty (40) feet.
J. Developments may be gated, provided any operable gate(s) and stacking area meet the
requirements of the Los Angeles County Fire Department and City Engineer to ensure
emergency access and prevent impacts to adjacent public streets, and subject to approval
of applicable approval body.
Ordinance 14 -981
Zoning Code Amendment to create Infill Community Overlay District
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K. Walls or hedges may exceed 6 feet in height, provided the higher wall or hedge is required
mitigation as part of an approved Mitigated Negative Declaration or Environmental Impact
Report, and subject to approval of applicable approval body.
L. All permanent mechanical equipment located on the ground shall be screened from common
areas and shall not restrict emergency access.
M. Private and secure storage shall not be required.
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.
APPROVED AND ADOPTED THIS 21ST DAY OF JANUARY 2014:
ATTEST:
APPROVED AS TO FORM:
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance 14-
981 was introduced at the regular meeting of the City Council of the City of Temple City held on the
7th day of January, 2014 and was duly passed, approved and adopted by said Council, approved
and signed by the Mayor and attested to by the City Clerk at the regular meeting held on the 21st day
of January, 2014 by the following vote:
AYES: Councilmember — Chavez, Vizcarra, Yu, Blum, Sternquist
NOES: Councilmember — None
ABSENT: Councilmember — None
ABSTAIN: Councilmember— None
CITY CLER