HomeMy WebLinkAbout2020-06 CC Ordinance ORDINANCE NO. 2020-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO AMEND CHAPTER
17.21 REGARDING THE AFFORDABLE HOUSING
OVERLAY ZONE, AND MAKING THE DETERMINATION
THAT THE PROPOSED ORDINANCE IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW UNDER CEQA
GUIDELINES SECTION 15061(B)(3)
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, including the environmental
analysis, on April 22, 2020, 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. 2020-09, recommending
approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance, including the
environmental analysis, on May 26, 2020, 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.
D. 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. Legislative Findings. The City Council of the City of Temecula in
approving the proposed Municipal Code amendment in Long Range Planning Project Number
LR20-0279 hereby makes the following findings:
A. The State Legislature 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.
B. 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. The City Council of the City of Temecula adopted the City's
2014-2021 Housing Element on January 28, 2014. The City's Housing Element identified the
need to amend the City's Municipal Code to establish an Affordable Housing Overlay Zone to
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encourage the development of affordable housing in the City. On September 25, 2018, the City
Council adopted an ordinance establishing the Affordable Housing Overlay Zone.
C. Staff has now determined that the Affordable Housing Overlay Zone ordinance
should be amended to clarify (1) a cultural resources agreement must be entered into with the
Pechanga tribe before the Community Development Director will issue an administrative permit,
and (2) that affordable units must be constructed concurrent with or prior to the market rate units,
and must be dispersed throughout the development project. These revisions are necessary to not
only protect the cultural resources in the area, but also to ensure that affordable housing is actually
constructed by project proponents that seek to develop projects using the overlay zone.
D. The proposed amendments to the affordable housing overlay zone ordinance are in
conformance with the goals, policies, programs and guidelines of elements of the General Plan.
The Ordinance implements the following policies contained in the City's Housing Element:
1. Policy 1.1: Provide an inventory of land at varying densities sufficient
to accommodate the existing and projected housing needs in the City;
2. Policy 1.2 Encourage residential development that provides a range of
housing types in terms of cost, density, and type, and presents the
opportunity for local residents to live and work in the same community by
balancing jobs and housing types;
3. Policy 2.1 Promote a variety of housing opportunities that
accommodate the needs of all income levels of the population, and provide
opportunities to meet Temecula's fair share of extremely low-, very low-,
low-, and moderate-income housing;
4. Policy 2.2 Support innovative public, private, and nonprofit efforts in
the development of affordable housing, particularly for special needs
groups;
5. Policy 3.1 Expedite processing procedures and fees for new
construction or rehabilitation of housing; and
6. Policy 5.2: Support efforts to ensure that all income segments of the
community have unrestricted access to appropriate housing.
Furthermore, the Ordinance implements the following goals and policies contained in the City's
General Plan Land Use Element:
7. Goal 1: A diverse and integrated mix of residential, commercial, industrial,
recreational, public and open space land uses.
8. Policy 1.6: Encourage flexible zoning techniques in appropriate locations
C to encourage mixed use development, preserve natural features, achieve
innovative site design, achieve a range of transition of densities, provide
open space and recreation facilities,and/or provide necessary amenities and
facilities.
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E. The proposed amendments to the Municipal Code are consistent with the General
Plan and all applicable provisions contained therein. Residential development approved pursuant
to Chapter 17.21 complies with the requirements included in the City's General Plan Housing
Element.
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")), and the State CEQA Guidelines (California Code of
Regulations, Title 14, Sections 15000, et seq.), the proposed Ordinance falls within the scope of
the environmental analysis conducted for the City's 2014—2021 Housing Element and the Uptown
Temecula Specific Plan.
B. On January 28, 2014, a Negative Declaration was adopted for the approval of the
2014—2021 Housing Element,which analyzed the potential impacts and determined that less than
significant impacts would result from the adoption of the 2014—2021 Housing Element. In 2019,
the City adopted the Affordable Housing Overlay Zone which was described in the City's Housing
Element. On November 17, 2015, an Environmental Impact Report (EIR) (SCH #2013061012)
was certified in connection with the approval of the Uptown Temecula Specific Plan. The
Affordable Housing Overlay Zone ordinance applied the affordable housing overlay zone to
certain parcels located in the Uptown Temecula Specific Plan Area.
C. The proposed amendments to the Affordable Housing Overlay Zone ordinance do
not increase the number of properties that are located within the Affordable Housing Overlay Zone,
or change the zoning designation of any of the properties within this overlay zone. Instead, the
ordinance merely clarifies that (1) a cultural resources agreement must be entered into with the
Pechanga tribe before the Community Development Director will issue an administrative permit,
(2)that affordable units must be constructed concurrent with or prior to the market rate units,and
(3) that the affordable units must be dispersed throughout the development project. As such, the
environmental impacts for the Project have been evaluated by the previously adopted Negative
Declaration for the Housing Element,and the EIR for the Uptown Temecula Specific Plan,and no
further environmental review is necessary. None of the circumstances in CEQA Guidelines
Section 15162 exist to require any additional environmental review and no further documentation
is necessary.
D. In addition,because it can be seen with certainty that there is no possibility that the
proposed amendments to the Affordable Housing Overlay Zone will have a significant effect on
the environment, the project is exempt from CEQA pursuant to CEQA Guidelines section
15061(b)(3). Staff is hereby directed to file a Notice of Exemption.
Section 4. Subsection A of Section 17.21.040 (Compliance with Laws) of Chapter
17.21 (Affordable Housing Overlay Zoning District) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows, with all other provisions of Section
17.21.040 remaining unchanged:
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"A. The applicant shall enter into a Cultural Resources Treatment Agreement with the
Pechanga Tribe, and provide a copy of this agreement to the City before the Director
approves the Administrative Review Application. This Agreement shall address the
following:
1. Treatment and disposition of cultural resources;
2. The designation, responsibilities, and participation of professional
Pechanga Tribal monitors during grading,excavation and ground disturbing
activities;
3. Project grading and development scheduling;
4. Terms of compensation for the Pechange Tribal monitors;
5. Treatment and final disposition of any cultural resources, sacred sites, and
human remains discovered onsite;
6. Pechanga Tribal monitor's authority to stop and redirect grading in order to
evaluate the significance of any potential resources discovered on the
property, and to make recommendations as to treatment;
7. The applicant's agreement to relinquish ownership of all cultural resources,
including all archaeological artifacts that are found on the project area, to
the Pechanga Tribe for proper treatment and disposition; and
8. The applicant's agreement that all Pechanga Tribal sacred sites are to be
avoided and preserved."
Section 5. Subsection D of Section 17.21.060 (Regulations and Development
Standards.) of Chapter 17.21 (Affordable Housing Overlay Zoning District) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows, with all other provisions
of Section 17.21.060 remaining unchanged:
"D. At least 20 percent of the residential units of each building developed pursuant to
this Chapter 17.21 shall be reserved for households earning no greater than 80 percent of
area median income adjusted for family size appropriate to the unit. The units shall be sold
or rented at an affordable housing cost or affordable rent, as those terms are defined in
Sections 50052.5 and 50053 of the California Health and Safety Code. If the units are
rental units, the affordable units shall be deed-restricted for a period of not less than fifty-
five (55) years. If the units are for-sale units, the units shall be sold in accordance with
California Government Code Section 65915.
For any project that is developed pursuant to this Chapter 17.21, the affordable units must
be constructed concurrently with or prior to the construction of any market rate units. In
addition, the affordable units must be integrated with the market rate units so that there is
a mix of affordable and market rate units, if any, in each building of the development
project."
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Section 6. Sections 4 and 5 of this Ordinance shall not apply to any project that has
submitted an application that has been deemed complete by the City prior to April 22, 2020.
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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 9th day of June, 2020.
Makyjmn Edw rds, Mayor Pro Tempore
r.. ATT T:
Randi , ity Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2020-06 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 26th day of May, 2020, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 9`h day of June, 2020, the following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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Randi Johl, City Clerk
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