The purpose of this chapter is to establish objective standards and regulations to govern the development of qualified residential units as authorized under Government Code Section 65852.21, which was adopted into law by Senate Bill No. 9, effective January 1, 2022 ("SB 9"). If SB 9 or those sections of the Government Code are ever repealed or deemed to be unconstitutional or no longer in effect, this section shall be automatically repealed.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, § 4(Att. C), 4-12-22)

A.

Only parcels located within single-family residential zones are eligible for a ministerial design review permit, including parcels located in the following zones:

1.

R-1 One-Family Residential Zone;

2.

R-C Residential Canyon Zone; and

3.

H Hillside Management Zone.

B.

A ministerial design review permit may only be issued where:

1.

The applicant proposes to construct a new unit or units.

2.

The proposed development consists of no more than two dwelling units on a single parcel;

3.

The applicant's parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated a local historic landmark under Chapter 17.82 of this code; and

4.

The applicant's parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B)-(K).

C.

A ministerial design review permit may not be issued where approval 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 three years; and

5.

The proposed housing development does not demolish more than twenty-five percent of the existing exterior structural walls.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

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, project design, and the need for supplemental information.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

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

B.

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

C.

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, § 4(Att. C), 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.

For a detached unit, the exterior materials and design shall match the design of any existing primary dwelling unit on the property through the use of the same exterior wall materials, identified color tones, window types, door and window trims, roofing materials and roof pitch.

2.

For an attached unit, the exterior materials, windows and other architectural features shall match the existing structure by employing the same building form, color tones, window design, door and window trims, roofing materials and roof pitch.

3.

Roof decks are prohibited.

4.

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

5.

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

6.

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. No development may include more than two residential housing units under this chapter and no more than four residential housing units under this code.

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. The total floor area standards in this chapter shall be governed by total 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. If there is an existing primary dwelling on the parcel, then the maximum height of the existing residence cannot be increased through use of this chapter.

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.

1.

The minimum lot size standards in this chapter shall be governed by the lot size standards in the underlying zone.

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.

1.

One off-street, covered parking space is required for each new dwelling unit.

2.

The parking space shall be a dimension of at least ten feet wide, eight feet tall, and twenty feet deep.

3.

If a new dwelling unit is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3, or if there is a car share vehicle located within one block of the parcel, then off-street parking required pursuant to this section shall not apply.

L.

Setback Standards.

1.

The front setbacks from the lot line will be determined by the zoning district in which the dwelling unit is located;

2.

The minimum side and rear setbacks from the lot line will be four feet.

3.

No additional setback is required for a new dwelling unit constructed in the same location as an existing structure on the parcel.

4.

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, § 4(Att. C), 4-12-22; Ord. No. 1466, § 82, 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 ministerial design review 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 applicant shall be deemed incomplete until a historic assessment or survey results in a status code of categories one through six.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

A.

When the director of public works determines that an application for a ministerial design review 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 ministerial design review 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, § 4(Att. C), 4-12-22)

A.

The director will review all applications under this chapter ministerially and without a public hearing or discretionary review.

B.

In reviewing an application, the director will ensure that no objective design standards have the effect of physically precluding the construction of up to two units or physically precluding either of the two units from being at least eight hundred square feet in floor area.

C.

In order to grant a ministerial design review permit, the director must find that the proposed project:

1.

Complies with Chapter 17.59;

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, § 4(Att. C), 4-12-22)

A.

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

1.

No dwelling unit on such new parcels shall be rented for a period of less than thirty days and cannot be occupied as a short-term rental unit;

2.

Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the dwelling unit.

3.

Separate utility connections shall be provided for each parcel prior to recordation.

4.

The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Chapter 17.22 or ministerial design review permit under Chapter 17.59, but under no circumstance may an applicant apply to develop dwelling units under both chapters.

5.

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.

6.

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

7.

The applicant will comply with all other provisions of the Sierra Madre Municipal Code that are not in conflict with the provisions of this chapter.

(Ord. No. 1452, § 4(Att. C), 4-12-22)

Editor's note— Ord. No. 1466, § 82, adopted March 28, 2023, repealed § 17.59.100, which pertained to appeal and derived from Ord. No. 1452, § 4(Att. C), adopted April 12, 2022)