The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels and development of qualified residential units as authorized under Government Code Section 66499.40, which was adopted into law by Assembly Bill No. 803, effective January 1, 2022 ("AB 803"). If AB 803 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Under Government Code Section 66499.40(b)(1), only parcels located within multi-family residential zones are eligible for small home lot development permits, including parcels located in the following zones:

1.

R-2 Two-Family Residential Zone;

2.

R-3-13 Medium/High Density Residential Zone;

3.

R-3-20 Multiple Family Residential High Density; and

B.

Further, an applicant applying for a small home lot development permit must meet the following criteria:

1.

The proposed project is for single-family housing units on fee simple ownership lots.

2.

Residential properties within a radius of five hundred feet of the site must be zoned for less than thirty dwelling units per acre.

3.

The proposed site is not identified in the housing element pursuant to Government Code Sections 65583 and 65583.2 as a site to accommodate any portion of the jurisdiction's regional housing need for low-income or very low income households.

C.

A small home lot development permit is not available for any parcel where the permit would require the 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.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last seven years.

(Ord. No. 1452, § 2(Att. A), 4-12-22; Ord. No. 1466, § 80, 3-28-23)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee and pay all applicable fees to discuss the application process, subdivision and project design, and the need for supplemental information.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

The applicant shall submit a small home lot development application in a form approved by the director.

B.

The applicant shall submit a preliminary design review application in a form approved by the director.

C.

All design drawings, as determined by the department, shall be prepared by an architect licensed by the California Architects Board.

D.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council of the city of Sierra Madre.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Design and Development Standards. This section incorporates the design and development standards in this code unique to each zone, except as modified by this section.

B.

Angle Plane. The angle plane standards in this chapter shall be governed by the angle plane standards in the underlying zone.

C.

Building and Design Standards.

1.

All the dwelling units shall have consistent exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

Roof decks are prohibited.

3.

All dwelling units ministerially approved under this chapter will install a new or separate utility connection.

4.

All electrical and utility services to a new dwelling unit shall be undergrounded.

5.

If an adjoining property installed a solar energy system, the applicant shall submit a shadow study prepared by an engineer licensed by the Board of Professional Engineers, Land Surveyors, and Geologists or by an architect licensed by the California Architects Board. The shadow of any proposed development shall not cover more than ten percent of the area of any solar energy system on any adjoining property.

D.

Density Standards. The development must result in at least as many units as the maximum allowable residential density allowed under the zoning ordinance.

E.

Fire Safety Standards.

1.

All new dwelling units are required to comply with Chapter 15.24 of this code.

2.

Where two dwelling units are configured as sharing a common wall, a one-hour fire wall between the units is required.

3.

All new dwelling units are required to comply with Chapter 15.24 (Fire Code) and have fire sprinklers.

4.

All new dwelling units are required to use fire-resistant building materials.

5.

All new dwelling units are required to comply with Chapter 8.36 (Hazardous Brush Clearance) and maintain defensible space around these units.

6.

New or modified detached dwelling units shall be separated from any other dwelling unit or building by ten feet to prevent the spread of fire.

F.

Floor Area Standards.

1.

The average total floor area shall not exceed one thousand seven hundred fifty square feet.

2.

The total floor area standards in this chapter shall be governed by the floor area standards in the underlying zone.

G.

Height Standards. The maximum height standards in this chapter shall be governed by the height standards in the underlying zone.

H.

Lot Coverage Standards. The lot coverage standards in this chapter shall be governed by the lot coverage standards in the underlying zone.

I.

Lot Size Standards. The maximum lot size may not exceed five acres.

J.

Open Space Standards. Two hundred fifty feet per dwelling unit of on-site open space shall be provided on the ground level for use by residents. Open space may be common or private. To be counted toward the open space requirement, the minimum width and length of each space shall be ten feet. Driveways and other vehicular access areas shall not count toward the open space requirement.

K.

Parking Standards. The parking standards in this chapter shall be governed by the parking standards in the underlying zone, except that the required parking need not be enclosed or covered.

L.

Setback Standards.

1.

The front, side, and rear setbacks from the lot line will be determined by the zoning district in which the dwelling unit is located.

2.

No setback is required between units, except as required by Title 15 of this code.

3.

All portions of the dwelling unit, including eaves, awnings, sills, cornices, chimneys, overhangs and other projections, may encroach into front, side or rear yards or setbacks in a manner consistent with the building design but in no case greater than one foot in depth.

(Ord. No. 1452, § 2(Att. A), 4-12-22; Ord. No. 1466, § 81, 3-28-23)

A.

If a project proposes to demolish a structure and the structure is of the type protected under Section 17.60.056 of this code, the applicant will prepare a written historic assessment or survey as described in paragraph (D) of Section 17.60.056 of this code.

B.

All historic assessments or surveys shall be prepared in the form of State of California Department of Parks and Recreation Series 523 Forms and shall further report a status code of eligibility as a historic resource according to the California Office of Historic Preservation.

C.

When a historic assessment or survey results in a status code of categories one through five, inclusive, the applicant is required to obtain a historic resource design review prepared by a historian certified by the Secretary of Interior Professional Qualification Standards for the treatment of historic properties selected at the discretion of the city. The historic resource design review will list measures to mitigate the harmful impact of the proposed project on the historic structure and those mitigation measures will be made a condition of approval of the small home lot development permit.

D.

When a historic assessment or survey results in a status code of category six, an applicant may proceed in accordance with this chapter.

E.

When a historic assessment or survey results in a status code of category seven, the property shall be reevaluated according to the missing criteria identified in such report; the application shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

When the director of public works determines that an application for a small home lot development permit requires removal or substantial trimming of a protected tree, as defined in Section 12.20.020 of this code, a certified arborist selected by the city and paid for by the applicant shall prepare a tree survey and arborist report in accordance with paragraph (A) of Section 12.20.115 of this code.

B.

The arborist report will list measures to mitigate the harmful impact of the proposed project on the protected trees and those mitigation measures will be made a condition of approval of the small home lot development permit.

C.

Prior to the removal or substantial trimming of any protected tree, the applicant must obtain a permit and pay all accompanying fees.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Preliminary Design Review.

1.

Upon submission of a complete application, the director will schedule a preliminary design review hearing before the planning commission.

2.

Public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

3.

The planning commission shall provide comments to the applicant concerning the mass, form, spatial elements, materials, colors, and overall design to encourage the small home lot development to incorporate good design principles and to be compatible with its neighborhood and natural surroundings.

B.

In order to grant a small home lot development permit, the director must find that the proposed project:

1.

Complies with Chapter 17.58;

2.

Complies with all objective general plan, zoning code, and design standards;

3.

Complies with all provisions of state law; and

4.

The building official has not made written findings, based upon a preponderance of the evidence, that the proposed project would have a specific, adverse impact 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. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as specified in Government Code Section 65589.5(d)(2).

(Ord. No. 1452, § 2(Att. A), 4-12-22)

A.

Upon issuance of a ministerial design review permit, the applicant shall sign and record a covenant stating the following:

1.

The applicant will comply with all mitigation measures as provided in the historic resource design review, as applicable, under paragraph (C) of Section 17.59.050.

2.

The applicant will comply with all mitigation measures as provided in the arborist report, as applicable, under paragraph (B) of Section 17.59.060.

(Ord. No. 1452, § 2(Att. A), 4-12-22)

Editor's note— Ord. No. 1466, § 81, adopted March 28, 2023, repealed § 17.58.100, which pertained to appeal and derived from Ord. No. 1452, § 2(Att. A), adopted April 12, 2022.