HomeMy WebLinkAbout13-03 CC Ordinance ORDINANCE NO. 13-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY �
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO DEFINE
CERTAIN HOUSING-RELATED TERMS, DESIGNATE
ZONING DISTRICTS FOR RESIDENTIAL CARE
FACILITIES, TRANSITIONAL, SUPPORTIVE, AND
EFFICIENCY UNIT HOUSING, AND ESTABLISH
DEVELOPMENT STANDARDS FOR EFFICIENCY UNIT
HOUSING (LONG RANGE PLANNING PROJECT NO.
LR12-0013)
WHEREAS, the State Legisfature has declared that the lack of housing, including
providing for a variety of housing types for all income levels and special needs groups,
is a critical problem that threatens the economic, environmental, and social quality of life
in California; and
WHEREAS, Government Code Section 65583 requires that the City's housing
element address governmental constraints to the development of housing, including .
providing for a variety of housing types for all income levels, and that the City facilitate
the permitting of transitional housing, supportive housing, and efficiency unit housing;
and
WHEREAS, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal
Code to define certain housing-related terms, designate certain zoning districts as
appropriate for residential care facilities, transitional, supportive, and efficiency unit
housing, and establish development standards for efficiency unit housing units.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine, and declare that:
A. The Planning Commission considered this Ordinance and the Negative
Declaration on February 20, 2013, at a duly noticed public hearing, as prescribed by law,
at which time the City Staff and interested persons had an opportunity to and did testify
either in support of or opposition to this matter.
B. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission adopted Resolution No. 13-02
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance and
Negative Declaration on March 12, 2013, at a duly noticed public hearing, as prescribed
by law, at which time the City Staff and interested persons had an opportunity to and did
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testify either in support or opposition to this matter. After due consideration, the City
Council continued the item to the City Council meeting scheduled for April 9, 2013
D. The City Council, at a regular meeting, considered the Ordinance and
Negative Declaration on April 9, 2013, at a duly noticed public hearing, as prescribed by
law, at which time the City Staff and interested persons had an opportunity to and did
testify either in support or opposition to this matter.
E. Following the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City
Council.
Section 2. Further Findings. The City Council of the City of Temecula in
approving the proposed Municipal Code amendment in Planning Application Number
LR12-0013 hereby makes the following findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
A. The use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the General Plan;
The proposed Ordinance designates residential care facilities, transitional,
supportive, and efficiency unit housing as permitted and conditionally permitted
uses in appropriate residential and commercial zoning districts. The amendment
to Tit/e 17 of the Temecula Municipal Code has been designed to be consistent
with State Housing Law, the Temecula Housing Element, and to be internally
consistent with the other elements of the Temecula General Plan.
B. The proposed use is in conformance with the goals, policies, programs and
guidelines of elements of the General Plan;
The proposed Ordinance designating residential care facilities, transitional,
supportive, and efficiency unit housing as permitted and conditionally permitted
uses in appropriate residential and commercial zoning districts has been
reviewed by alI appropriate departments fo ensure it is in conformance with the
goa/s, policies, programs and guidelines of elements of the General Plan. The
Ordinance implements the following goals and policies contained in the City's
Housing Element:
1. Policy 2.3: Encourage the use of non-traditional housing models,
including efficiency unit and manufactured housing, to meet the needs of
special groups for affordable housing, temporary shelter, and/or
transitional housing.
2. Policy 5.2: Support efforts to ensure that all income segments of the
community have unrestricted access to appropriate housing; and
3. Policy 5.3: Encourage housing design standards that promote the
accessibility of housing for persons with special needs, such as the
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elderly, persons with disabilities, large families, single-parent households,
and the homeless.
C. The proposed use is to be established and maintained in a manner which
is consistent with the General Plan and all applicable provisions contained therein;
The Ordinance has been designed to be consistent with State Housing Law, the
Temecula Housing Element, and with the Temecula General Plan and all
applicable provisions contained therein.
Section 3. Environmental Findings. The City Council of the City of Temecula
hereby makes the following environmental findings and determinations in connection
with the approval of the proposed Ordinance:
A. Pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of
Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines,
the City Council finds that City staff prepared an Initial Study of the potential
environmental effects of this Ordinance amending Title 17 of the City's Municipal Code
("Project"). Based upon the findings contained in that Initial Study, Staff determined that
there was no substantial evidence that the Project could have a significant effect on the
environment and a Negative Declaration was prepared. Thereafter, Staff provided public
notice of the public comment period and of the intent to adopt the Negative Declaration
as required by law. The public comment period commenced on January 31, 2013 and
expired on February 19, 2013. Copies of the documents have been available for public
review and inspection at the offices of the Department of Community Development at
City Hall, located at 41000 Main Street, Temecula, California 92590.
B. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the March 12, 2013 public
hearing, and based on the whole record before it, finds that (1) the Negative Declaration
was prepared in compliance with CEQA; (2) there is no substantial evidence that the
Project will have a significant effect on the environment; and (3) the Negative Declaration
reflects the independent judgment and analysis of the City Council. Based on the
findings set forth in this Section, the City Council hereby adopts the Negative Declaration
prepared for the Project.
Section 1. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add "Supportive Housing," and
"Efficiency Units" as permitted uses in the Medium (M) and High (H) density residential
zoning districts.
Section 2. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add "Residential Care Facilities (seven
or more)," as permitted uses in the High (H) density residential zoning districts and as
conditionally permitted in all other residential zoning districts (M, HR, RR, VL, L-1, L-2,
LM, and HR-SM).
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Section 3. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add "Supportive Housing" as
conditionally permitted uses in all other residential zoning districts (HR, RR, VL, L-1, L-2,
LM, and HR-SM).
Section 4. Table 17.08.030 (Commercial/Office/Industrial Districts) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive
Housing," "Efficiency Unit Housing" and "Transitional Housing" as conditionally permitted
uses in the Community Commercial (CC) and Professional Office (PO) zoning districts.
Section 5. A new Section 17.10.025 is hereby added to Title 17 (Zoning) of the
Temecula Municipal Code to read as follows:
"17.10.025 Efficiency Unit Housing Development Standards
A. Purpose and Intent.
When allowed by Sections 17.06.030 and 17.08.030 in the zone applicable to a
site, an Efficiency Unit Housing facility at a fixed location is subject to the requirements
of this section. It is the purpose of this section to provide opportunities for the
development of permanent, affordable housing for small households including people
with special needs, youth, students, recent graduates, and single-person households in
proximity to transit and services, and to establish standards for these small units.
B. Location.
Efficiency units shall not be located within three hundred (300) feet of any other
efficiency unit housing facility, emergency shelter, or other similar program, unless such
program is located within the same building or on the same lot.
C. Development Standards.
1. Each unit shall be a minimum of 250 square feet and a maximum of
400 square feet.
2. Each unit shall accommodate a maximum of two persons.
3. Adequate exterior security lighting shall be provided.
4. Laundry facilities must be provided in a separate room at the ratio of
one washer and one dryer for every twenty units, with at least one washer and one dryer
per floor.
5. A cleaning supply room or utility closet with a wash tub with hot and
cold running water shall be provided on each floor of the efficiency unit facility.
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6. Bathroom. Each unit shall contain full bathroom facilities. A full in-
unit bathroom facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower
combination.
7. Kitchen. Each unit shall contain a full or partial in-unit kitchen. A full
in-unit kitchen facility shall include a sink, a refrigerator, and a stove, range top and/or
oven. If a full in-unit kitchen is not provided, a common kitchen shall be provided with at
least one full kitchen per floor.
8. Closet. Each unit shall have a separate closet.
D. Operating Standards. An efficiency unit facility with 10 or more units shall
provide on-site management. Each efficiency unit facility shall have a management
plan to assure:
1. The presence of an on-site twenty-four-hour manager or alternative
which affords residents the same level of service and security;
2. Short- and long-term physical maintenance of the building and its
grounds;
3. That operations, rental procedures and staffing contribute to and
promote a high quality of life for residents;
4. The safety and security of residents and their property.
E. Parking.
Off-street parking for tenants shall be provided based upon a demonstrated
need; however, the parking standard shall not require more parking than for other
residential or commercial uses within the same zone. Each efficiency unit facility shall
provide one space for each efficiency unit, one space for the on-site manager where
required, and one space for each additional employee. All parking is required to be off-
street and on-site.
F. Tenancy.
Tenancy of efficiency units shall be limited to 30 or more days, and therefore no
less than on a monthly basis.
G. Existing Structure.
An existing structure may be converted to an efficiency unit facility consistent
with the provisions of this Section. Any such conversion must bring the entire structure
up to current building code standards, including accessibility and adaptability
standards."
Section 6. Section 17.34.010 of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to add the following definitions:
Ords 13-03 5
"Family" means one or more persons living together as a single housekeeping
unit in a single dwelling unit. Family also means the persons living together in a
licensed residential facility, as that term is defined in California Health & Safety Code
Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of
the licensee's family, and persons employed as facility staff who reside at the facility.
"Single Housekeeping Unit" means the functional equivalent of a traditional
family, whose members are a non-transient interactive group, where such persons
jointly occupy a single dwelling unit, jointly use common areas, and share household
activities and responsibilities (e.g., meals, chores, and expenses).
"Efficiency Unit Housing" means any residential building containing five or more
individual secure rooms intended or designed to be used, or which are used, rented, or
hired out, to be occupied for sleeping purposes by residents as their primary residence.
"Transitional Housing" means a residential facility that provides rental housing
accommodations and support services for persons and families, but restricts occupancy
to no more than 24 months. Support services may include meals, counseling, and other
services.
"Supportive Housing" means a facility that provides housing with no limit on
length of stay, that is occupied by the target population as defined by Section 50675.14
of the California Health and Safety Code, and that is linked to onsite or offsite services
that assist tenants in retaining housing, improving their health status, maximizing their
ability to live and, when possible, work in the community.
"Residential Care Facility (7 or more) means a facility licensed by the California
State Department of Social Services that provides housing accommodations and
support services for the elderly, persons with special health care needs and the
chronically ill. Support services may include meals, counseling and other services.
Section 7. If any section or provision of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact that
any one or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
Section 8. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 9. This Ordinance shall take effect thirty (30) days after passage.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23� day of April, 2013.
!�'u--«` � f�
Michael S. Naggar, Mayor
ATTEST:
Susan W Jo s, MMC
I
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 13-03 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 9th day of April, 2013, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 23� day of April, 2013, by the following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Washington
ABSTAIN: 0 COUNCIL MEMBERS: None
L.�/
Susan . Jones, MMC
City Clerk
Ords 13-03 $