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HomeMy WebLinkAbout10182023 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 18, 2023 - 6:00 PM CALL TO ORDER: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Adam A. Ruiz ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Commission on matters not listed on the agenda. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited . Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 1.Minutes Approve the Action Minutes of September 20, 2023Recommendation: MinutesAttachments: Page 1 Planning Commission Agenda October 18, 2023 2.Director's Hearing Summary Report Receive and File Director's Hearing Summary ReportRecommendation: MemorandumAttachments: BUSINESS Members of the public may address the Commission on Business items that appear on the agenda. Each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 3.Complete Streets Policy Receive and File a Complete Streets PolicyRecommendation: Agenda Report Draft Complete Streets Policy Attachments: PUBLIC HEARING Any person may submit written comments to the Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. For public hearings each speaker is limited to 5 minutes. Public comments may be made in person at the meeting by submitting a speaker card to the Commission Secretary or by submitting an email to be included into the record. Email comments must be submitted to PlanningCommission@temeculaca.gov. Email comments on all matters, including those not on the agenda, must be received prior to the time the item is called for public comments. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 4.Long Range Planning Project Number LR22-0664, Amending Title 17 of the Temecula Municipal Code as detailed in the proposed Ordinance attached here as Exhibit A Adopt a resolution entitled: PC RESOLUTION NO. 2023- Recommendation: Page 2 Planning Commission Agenda October 18, 2023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY’S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) PROVIDING THAT ACCESSORY DWELLING UNITS (ADUS) ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU REGULATIONS, (12) REVISING REASONABLE ACCOMMODATION REGULATIONS, (13) REVISING PARKING STANDARDS FOR MULTI-FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (14) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (15) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION 15162” Agenda Report PC Resolution Exhibit A - Draft Housing Ordinance Exhibit B - HCD Letter (Dated 12.03.2021) Exhibit C - HCD Approval Letter (Dated 12.15.2022) Notice of Public Hearing Attachments: Page 3 Planning Commission Agenda October 18, 2023 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, November 1, 2023, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 4 Item No. 1 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 20, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Gary Watts ROLL CALL: Hagel, Ruiz (absent), Solis, Turley-Trejo, Watts PUBLIC COMMENT - None CONSENT CALENDAR 1. Minutes Recommendation: Approve the Action Minutes of September 6, 2023 Approved the Staff Recommendation (4-0, Ruiz absent): Motion by Watts, Second by Hagel. The vote reflected unanimous approval with Ruiz absent. PUBLIC HEARING 2. Planning Application Number PA23-0252, a Certificate of Historical Appropriateness to demolish an approximately 998 square foot historic structure (Al Otto House). The project is located at 28717 Pujol Street, Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0252, A CERTIFICATE OF HISTORICAL APPROPRIATENESS TO DEMOLISH AN APPROXIMATELY 998 SQUARE FOOT HISTORIC STRUCTURE (AL OTTO HOUSE) LOCATED AT 28717 PUJOL STREET, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-062-008) Approved the Staff Recommendation with amended Conditions of Approval (3-1, Solis opposed, Ruiz absent): Motion by Watts, Second by Hagel. The vote reflected unanimous approval with Solis opposing and Ruiz absent. 2 3. Planning Application No. PA23-0175, a Conditional Use Permit for a woodcraft art studio to obtain a Type 42 (on-sale beer and wine) alcohol license, and PA23-0343, a Finding of Public Convenience or Necessity at the commercial site located at 31093 Temecula Pkwy., Ste. D5, Jaime Cardenas Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0175, A CONDITIONAL USE PERMIT APPLICATION FOR A WOODCRAFT ART STUDIO TO OBTAIN A TYPE 42 ALCOHOL LICENSE (ON-SALE BEER AND WINE) AT THE COMMERCIAL SITE LOCATED AT 31093 TEMECULA PARKWAY, SUITE D5, AND PA23-0343 TO MAKE FINDINGS FOR A PUBLIC CONVENIENCE OR NECESSITY APPLICATION AND FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 961-410-048) Approved the Staff Recommendation (4-0, Ruiz absent): Motion by Hagel, Second by Solis. The vote reflected unanimous approval with Ruiz absent. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:02 PM, the Planning Commission meeting was formally adjourned to Wednesday, October 4, 2023, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo, Chair Luke Watson, Deputy City Manager Item No. 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission Chair and members of the Planning Commission FROM: Matt Peters, Assistant Director of Community Development DATE: October 18, 2023 SUBJECT: Director's Hearing Summary Report Community Development Director’s Agenda item(s) for September 2023. Date Case No. Proposal Applicant Action September 7, 2023 PA22-0874 and PA22-0875 A resolution of the Director of Community Development of the City of Temecula Approving Planning Application No. PA22-0874, a Development Plan Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel located at 39970 Cantrell Road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 957-130-020) A resolution of the Director of Community Development of the City of Temecula Approving Planning Application No. PA22-0875, a Conditional Use Permit Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel located at 39970 Cantrell Road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 957-130-020) Augustina Naber CONTINUED THE ITEM UNTIL THE SEPTEMBER 28, 2023 MEETING AT THE REQUEST OF THE APPLICANT September 28, 2023 PA22-0874 and PA22-0875 A resolution of the Director of Community Development of the City of Temecula Approving Planning Application No. PA22-0874, a Development Plan Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel located at 39970 Cantrell Road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 957-130-020) A resolution of the Director of Community Development Augustina Naber APPROVED DH RESOLUTION NO. 2023-04 AND DH RESOLUTION NO. 2023-05 Date Case No. Proposal Applicant Action of the City of Temecula Approving Planning Application No. PA22-0875, a Conditional Use Permit Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel located at 39970 Cantrell Road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 957-130-020) Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING SEPTEMBER 7, 2023 - 1:30 PM TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA CALL TO ORDER at 1:30 PM: Matt Peters, Assistant Director of Community Development PUBLIC COMMENTS - None All electronic comments received were made part of the record of the meeting. Item No. 1 1:30 PM Project Number: PA22-0874 and PA22-0875 Project Type: Development Plan and Conditional Use Permit Project Title: White Barn DP and CUP Applicant: Augustina Naber Project Description: Planning Application Number PA22-0874, a Development Plan Application and PA22-0875, a Conditional Use Permit Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel. Location: 39970 Cantrell Road Environmental Action: Categorically Exempt Section 15332, Class 32, In-Fill Development Projects Project Planner: Eric Jones, Case Planner ACTION: CONTINUED THE ITEM UNTIL THE SEPTEMBER 28, 2023 MEETING AT THE REQUEST OF THE APPLICANT ADJOURNMENT The meeting was adjourned at 1:34 PM ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING SEPTEMBER 28, 2023 - 1:30 PM TEMECULA CITY HALL COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA CALL TO ORDER at 1:30 PM: Matt Peters, Assistant Director of Community Development PUBLIC COMMENTS – None All electronic comments received were made part of the record of the meeting. Item No. 1 1:30 PM Project Number: PA22-0874, PA22-0875 Project Type: Development Plan, Conditional Use Permit Project Title: White Barn DP CUP Applicant: Augustina Naber Project Description: Planning Application Number PA22-0874, a Development Plan Application and PA22-0875, a Conditional Use Permit Application for an approximately 9,100 square-foot daycare facility on a vacant 2.46 acre parcel. Location: 39970 Cantrell Road Environmental Action: Categorically Exempt Section 15332, Class 32, In-Fill Development Projects Project Planner: Eric Jones, Case Planner ACTION: APPROVED BY ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT MATT PETERS ADJOURNMENT: The meeting was adjourned at 1:44 PM Item No. 3 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and Members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: October 18, 2023 PREPARED BY: Katie Garcia, Planning Technician PROJECT SUMMARY: Long Range Number LR23-0043, a Complete Streets Policy RECOMMENDATION: Receive and File a Complete Streets Policy CEQA: Exempt: Not a “project” as defined by California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4) BACKGROUND SUMMARY: Complete Streets is a transportation policy and design approach aimed at creating roadways that accommodate and prioritize the needs of all users. Complete Streets are thoughtfully planned, designed, and built to accommodate people of all ages and abilities safely and comfortably, including pedestrians, cyclists, equestrians, transit users, motorists, as well as freight and service operators. This Complete Streets Policy sets forth an agency’s commitment to and implementation process for integrating Complete Streets concepts in transportation planning decisions and roadway design. In advance of the City of Temecula’s General Plan Update, the City is complying with Assembly Bill (AB) 1358, the “California Complete Streets Act.” AB 1358 requires cities and counties in California to consider the needs of all road users (including pedestrians, bicyclists, transit riders, and motorists) in the planning and design of transportation projects that receive state or federal funding. The Complete Streets Policy builds on the City’s current initiatives to improve multimodal safety and access. The Temecula Multi-Use Trails and Bikeways Master Plan Update, adopted in 2016, was driven by the community’s desire to develop a comprehensive on-street and off-street bicycle and trail network. The City’s Quality of Life Master Plan (2022) states that the City’s transportation-related goals are to coordinate land uses to promote a range of mobility options and draft a Complete Streets Policy. An update to the Urban Forest Management Plan was adopted in 2022, setting an ambitious goal to increase citywide tree canopy coverage by 20% over the next 40 years to mitigate the community’s greatest climate and health risks. The City also prepared a 2 Local Road Safety Plan (2022), which identifies infrastructure-oriented safety countermeasures to prioritize within the City. By adopting a Complete Streets policy, the City of Temecula is committing to develop a comprehensive transportation system that facilitates safe access, mobility, economic growth, appealing public spaces, health, and overall well-being for all members of the community. The City’s Complete Streets Policy shifts the focus of transportation planning and project development from vehicle movement as the primary goal to the safe movement of people and goods. The Policy acknowledges streets can have varying roles, functions, and levels of activity depending on the context of the surrounding land use and community. ENVIRONMENTAL DETERMINATION The Complete Streets Policy is exempt from California Environmental Quality Act (CEQA) review. The Complete Streets Policy is not a “project” within the meaning of Section 15378(b)(4) of the CEQA Guidelines and is therefore exempt from the requirements of CEQA. Section 15378(b)(2) of the CEQA Guidelines states that a project does not include administrative activities such as general policy making. FISCAL IMPACT: There is no fiscal impact. ATTACHMENTS: Draft Complete Streets Policy Document Subject: Complete Streets Policy Policy Number: TBD Issue Date: N/A Effective Date: N/A Revised Date: N/A ______________________________________________________________________________ BACKGROUND Complete Streets is a transportation policy and design approach aimed at creating roadways that accommodate and prioritize the needs of all users. Complete Streets are thoughtfully planned, designed, and built to accommodate people of all ages and abilities safely and comfortably , including pedestrians, cyclists, equestrians, transit users, motorists, as well as freight and service operators. This Complete Streets Policy sets forth an agency’s commitment to and implementation process for integrating Complete Streets concepts in transportation planning decisions and roadway design. In advance of the City of Temecula’s General Plan Update, the City is complying with Assembly Bill (AB) 1358, the “California Complete Streets Act.” AB 1358 requires cities and counties in California to consider the needs of all road users (including pedestrians, bicyclists, transit riders, and motorists) in the planning and design of transportation projects that receive state or federal funding. This Complete Streets Policy builds on past and current initiatives to improve multimodal safety and access in Temecula. Temecula’s Quality of Life Master Plan (QLMP), adopted in 2022, recognizes transportation mobility and connectivity as a core value of the City and specifically lists development of a Complete Streets Policy as a key goal for 2040. Driven by the community’s desire to develop a comprehensive on-street and off-street bicycle and trail network, the City completed a comprehensive update of its Multi-Use Trails and Bikeways Master Plan in 2016. The City also identified several infrastructure-oriented safety countermeasures to prioritize through development of a Local Road Safety Plan (LRSP) in 2022. Additionally, the City completed an update of its Urban Forest Management Plan (2022), which set an ambitious goal to increase citywide tree canopy coverage by 20% over the next 40 years to mitigate the community’s greatest climate and health risks. By adopting a Complete Streets policy, the City of Temecula commits to developing a comprehensive transportation system that facilitates safe access, mobility, economic growth, appealing public spaces, health, and overall well-being for all members of the community. The City’s Complete Streets Policy shifts the focus of transportation planning and project development from vehicle movement as the primary goal to the safe movement of people and goods. The Policy acknowledges streets can have varying roles, functions, and levels of activity depending on the context of the surrounding land use and community. VISION AND INTENT The City of Temecula is committed to creating a comprehensive multimodal transportation system. Through implementation of this Complete Streets Policy, the City will consistently plan, design, construct, and maintain all transportation facilities within the public right-of-way so that are safe, reliable, efficient, convenient, and connected for all transportation modes. This Policy directs City decision-makers to consider all transportation system users when making decisions regarding transportation and land use planning. The City shall work to advance Complete Streets to the greatest extent possible, with a focus on ensuring safe access for people of all ages and abilities. This Policy shall gradually help reduce the dependence of the automobile from being the only reliable source of travel to a transportation network that supports all modes of transp ortation, benefiting residents and visitors alike. This approach involves investing in transportation infrastructure that not only supports walking, biking, and public transportation, but also anticipates future transportation trends and facilities, including vehicle ride hailing (such as Uber or Lyft), carpooling, and potentially autonomous transportation options. The following guiding principles will be considered to implement Complete Streets in the City: GOALS 1. Serve all users and modes. Develop a transportation network that is context-sensitive and prioritizes safety, comfort, accessibility, and convenience for people of all ages and abilities within the roadway context. 2. Increase transportation and mobility options. Incorporate considerations for walking, biking, public transit, and other alternative transportation modes into all planning and construction endeavors. 3. Establish a connected multimodal transportation network . Expand and enhance the existing transportation network by completing missing links with appropriately sized streets. Project designs should proactively identify and rectify modal gaps or shortcomings, striving to strike a harmonious balance where all modes are served. 4. Coordinate land use and transportation. Create a balanced, modern, and integrated transportation system that is capable of serving current and future travel demand. 5. Preserve community character and health. Establish a transportation system that reduces automobile dependency, improving community health and overall quality of life, while maintaining the unique qualities and assets that make Temecula a desirable place to live. APPLICABILITY Except as otherwise stated below, this Policy applies to all roadway project phases undertaken by or under the authority of or subject to the supervision of the City of Temecula, for the improvement of any street and public right-of-way (ROW), including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurf acing, retrofit and operation. Accommodation for all modes of transportation to safely use the roadway shall be provided during construction or repair work. In the case where a project is within or connects to a City ROW and/or is owned by another entity, City staff shall work with the ROW/easement owner, California Department of Transportation (Caltrans), Riverside County, and Southern California Association of Governments (SCAG) as may be appropriate, to the greatest extent possible, to advance Complete Streets designs. In addition, this Policy requires City staff to evaluate new development and redevelopment projects and require s connected pedestrian and bicycle access within the development and connecting to and from the surrounding transportation system for approval. The City will approach every planned project as an opportunity to create a safer and more accessible transportation system for all users. EXCEPTIONS There are specific circumstances in which it may not be appropriate to provide bicycle, pedestrian, and/or transit facilities. These exceptions include: a. LIMITED-ACCESS ROADWAYS This Policy does not apply to corridors where specific users are prohibited by law (e.g., interstate freeway, pedestrian mall). Exclusion of certain users on particular corridors should not exempt projects from accommodating other permitted users. b. ORDINARY MAINTENANCE This Policy does not apply to routine maintenance such as mowing, cleaning, sweeping, pothole filling, spot repair, concrete joint repair, or other regular or seasonal maintenance. c. DISPROPORTIONATE COSTS This Policy does not apply to projects where the cost of integrating Complete Streets design elements is excessively disproportionate to the need or probable use. d. PRE-EXISTING PROJECTS This Policy does not apply to projects where a reasonable and equivalent project along the same corridor is already programmed to provide adequate Complete Streets design elements. All exceptions shall be specific and approved by the City’s CIP Engineering Manager, Director of Public Works, and Director of Community Development (as applicable). LAND USE & CONTEXT SENSITIVITY Complete Streets implementation should be sensitive to the unique characteristics of the City's physical, economic, and social environment. The City will take a context-sensitive approach to process and design, giving significant consideration to stakeholder and community values. The City will also consider the surrounding community's current and expected land use and transportation needs . The City shall consider new and revised land use policies, Specific Plan guidelines, and zoning ordinances to specify how transportation projects will serve current and future land use needs. The intent is to establish a comprehensive multimodal transportation system that is coordinated closely with the Circulation Element of the City’s General Plan and capable of serving future growth in the City. The City is dedicated to reducing congestion, increasing access for all modes, and encouraging mixed use development at activity nodes throughout the city. The City will work to preserve the desirable characteristics of quiet, calm, safe, family- oriented neighborhoods, while also taking into account the connectivity of the transportation system as a whole for all modes and users. CALIFORNIA POLICY CONSIDERATIONS Active transportation has been increasingly recognized as a viable opportunity to reduce vehicle miles traveled (VMT), thereby reducing greenhouse gas (GHG) emissions, improving public health, reducing transportation costs, and improving the economic climate. Diminished driving levels and increased preference for walkable, bikeable, and transit-connected communities, particularly among millennials and empty nesters, is well documented. The movement to make cycling, walking, and public transit feasible transportation options is also supported by several recent pieces of California legislation, including :  Caltrans Director’s Policy 37 (DP-37)1 o This policy requires all new transportation projects funded or ove rseen by Caltrans to provide comfortable, convenient, and connected Complete Streets facilities for people walking, biking, and taking transit or passenger rail.  Complete Streets Act of 2008 (AB 1358) o This act requires all cities and counties in California to include Complete Streets policies as part of any substantial revision to the Circulation Element of their General Plan.  Global Warming Solutions Act of 2006 (A B 32) and Sustainable Communities and Climate Protection Act of 2008 (Senate Bill 375) o These acts outline California’s goals for reducing GHG emissions through integrated land use and transportation planning. COMPLETE STREETS DESIGN Transportation projects and maintenance activities shall be:  Suitable and appropriate to the function and context of the transportation facility.  Sensitive to neighborhood context and cognizant of neighborhood needs.  Flexible in project design to ensure that all users have safe access and use .  Considered a component of a comprehensive, integrated, and interconnect ed transportation network that allows all users to choose between different modes of travel .  Consistent and compatible with the City of Temecula’s Multi-Use Trails and Bikeways Master Plan, General Plan, Quality of Life Master Plan, Local Road Safety Plan, Urban Forest Management Plan, Americans with Disabilities Act (ADA) Self Evaluation and Transition Plan, Communications Master Plan, and any relevant Specific Plans. Facilities shall be designed and constructed in accordance with current applicable laws a nd regulations, using best practices and guidance from a variety of organizations, as long as they do not conflict with the principles outlined in this Complete Streets Policy. Best practices may include, but are not limited to, the following:  Caltrans Complete Streets Elements Toolbox 1 https://dot.ca.gov/-/media/dot-media/programs/esta/documents/dp-37-complete-streets-a11y.pdf  American Association of State Highway and Transportation Officials ’ (AASHTO) Guide for the Planning, Design, and Operation of Pedestrians Facilities  AASHTO’s Guide for the Development of Bicycle Facilities  Federal Highway Administration’s (FHWA) Achieving Multimodal Networks: Applying Design Flexibility and Reducing Conflicts  FHWA’s Separated Bike Lane Planning and Design Guide  FHWA’s Incorporating On-Road Bicycle Networks into Resurfacing Projects Report  Institute of Transportation Engineers’ (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach  National Association of City Transportation Officials’ (NACTO) Urban Street Design Guide  NACTO’s Transit Street Design Guide  NACTO’s Urban Bikeway Design Guide  NACTO’s Urban Street Stormwater Guide  U.S. Access Board’s Public Right-of-Way Accessibility Guidelines (PROWAG)  National Cooperative Highway Research Program’s (NCHRP) Multimodal Level of Service Analysis for Urban Streets Report Design standards required for state or federally funded projects will supersede local requirements if there is an actual conflict between the local and state or federal standards and if funding will be impacted by adherence to the local standards. Design standards include, but are not limited to, the following:  U.S. Department of Justice’s (DOJ) ADA Standards for Accessible Design  AASHTO’s A Policy on Geometric Design of Highways and Streets (Green Book)  Caltrans’ Highway Design Manual (HDM)  Caltrans’ Plans Preparation Manual (PPM)  Caltrans’ California Manual on Uniform Traffic Control Devices (CA MUTCD)  FHWA’s Manual on Uniform Traffic Control Devices (MUTCD) IMPLEMENTATION STEPS Complete Streets implementation will require ongoing cooperation and collaboration among a diverse array of stakeholders. The City will take the following steps to facilitate the process:  The City shall integrate Complete Streets principles and design guidelines into all City plans, policies, processes, manuals, ordinances, and programs. This includes updating the City’s General Plan and Street Design Manual to align with the principles of this Policy.  The City shall develop a layered network concept as part of the Circulation Element in the General Plan Update to identify the priority mode(s) (Transit, Pedestrian, Bicycle, Auto, or Goods Movement) for each corridor depending on the context of the adjacent land use. This approach reduces potential conflict inherent in trying to design all roadways for all uses. By overlaying various modal layers, a logical and more comfortable multimodal network is created.  The City shall develop an internal decision-making process to ensure that transportation infrastructure projects (new facilities, upgraded facilities, and maintenance projects) are implementing Complete Streets where practical by considering the feasibility of Complete Streets improvements and ensuring consistency with other planning documents the City has adopted.  The City shall review, revise, and/or recommend changes to all policies, procedures, and design standards associated with site plans and other requirements for public and private development to ensure best practices are utilized to support Complete Streets.  The City shall promote collaboration and coordination between City departments, including Planning, Traffic, CIP, Land Development, and Fire, and with other transportation and planning agencies.  The City shall develop new design policies and guidelines or revise existing ones to reflect the current state of best practices in transportation design. The City may also consider adopting national, state, or SCAG’s local design guidance.  The City shall continue to identify local, state, and federal funds to implement Complete Streets projects to supplement Temecula’s Capital Improvement Program (CIP). This will require a continued partnership and coordination with SCAG, Caltrans, and Riverside County. Local funding opportunities include, but are not limited to, the following: o Proactively incorporating and bundling multimodal improvements with maintenance projects, capital improvement projects, ROW construction, and other local and regional transportation projects to transition the existing ROW to a more complete corridor. o Considering lower-cost, high-benefit, quick-build engineering treatments for near-term traffic safety improvements. PERFORMANCE MEASURES Complete Streets implementation will be a process that requires regular evaluation to assess progress and effectiveness. The City’s Planning and Traffic Departments will be responsible for annual tracking and reporting performance measures. The performance measures that will be evaluated include, but are not limited to, the following:  Miles of bicycle lanes, routes, and trails installed/dedicated by width and type  Number of bicycle parking facilities installed  Number of traffic calming facilities installed  Linear feet of pedestrian accommodations installed or repaired  Number of crosswalks installed or improved  Number of missing or noncompliant curb ramps  Number of ADA accommodations installed  Number of transit accessibility improvements installed  Transit ridership  Percent of City lane miles that meet or exceed Pavement Condition Index (PCI) standard of 70  Number of new trees planted  Number of exceptions approved  Citywide average Walk Score rating  Bicycle, pedestrian, transit, and traffic counts  Bicycle and pedestrian crash data involving serious injuries or fatalities  Total dollar amount spent on Complete Streets projects or portions of projects Item No. 4 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: October 18, 2023 PREPARED BY: Mark Collins, Assistant Planner PROJECT SUMMARY: Long Range Planning Project Number LR22-0664, Amending Title 17 of the Temecula Municipal Code as detailed in the proposed Ordinance attached here as Exhibit A. RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an Ordinance amending Title 17 of the Temecula Municipal Code. CEQA: Categorically Exempt Section 15162 BACKGROUND SUMMARY The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, and to make necessary corrections or changes. The proposed amendments to the Temecula Municipal Code include amendments to Title 17 (Zoning). The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 (Development Code) of the Temecula Municipal Code. Listed below is a summary of the proposed changes to Title 17 of the Municipal Code, each of which is discussed in greater detailed in the analysis section, which follows: Changes to Title 17 Section 17.34.010 (Definitions and illustrations of terms): 2 1. “A” Definitions – Add definitions for “Agricultural employee housing” and “Agricultural use” 2. “E” Definitions – Add definition for “Employee housing” 3. “F” Definitions – Amend the definitions of “Family day care home” 4. “L” Definitions – Add definitions for “Large family day care home” and “Low barrier navigation center” 5. “S” Definitions – Add definition for “Small family day care home” Section 17.03.040 (Public Hearing and notification): 6. Add subsection “G” entitled “Public Hearings for Housing Development Projects” Table 17.06.030 (Residential Districts): 7. Add “Employee housing” and “Agricultural employee housing” as a permitted use in all residential zoning districts except Hillside Residential – Santa Margarita (HR-SM) and adds Footnote 14 and 15. Add “Community Care Facility” as a permitted use in all residential zoning districts. Amend Table 17.06.030 to provide that “Residential Care Facilities (Seven or More)” are permitted uses in the HR, RR, VL, L-1, L-2, LM, M and HR-SM zones and that “Residential Care Facilities for the Elderly (Seven or More)” are permitted uses in the HR, RR, VL, L-1, L-2, LM, and HR-SM zones. Table 17.06.040 (Development Standards – Residential Districts): 8. Add Footnote 6 to “Maximum percent of lot coverage” cell within the table Section 17.06.080 (Hillside development standards): 9. Amend paragraph 15 to include reference to the State Board of Forestry and Fire Protection adopted General Guidelines Section 17.06.090 (Objective design standards – Multifamily and mixed-use development) 10. Add language requiring projects submitted under state mandated streamlined review comply with the adopted Objective Design Standards Chapter 17.06 (Residential Districts) 11. Add section 17.06.100 (Streamlined review) 12. Add Section 17.06.110 (Supportive housing) 3 Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) 13. Amend the table to include “Low Barrier Navigation Center,” “Supportive housing,” and “Transitional Housing” as permitted uses in the NC, CC, HT, SC and PO zones and add Footnotes 13, 14, and 15 Section 17.10.020 (Supplemental development standards) 14. Amend Subsection R(7) to include language that prohibits parking requirements for emergency shelters greater than what is required of a residential or commercial use in the same zone Table 17.12.030 (Schedule of Permitted Uses – Public/Institutional Districts) 15. Amend the table to add “Low Barrier Navigation Center,” “Supportive housing,” and “Transitional Housing” as permitted uses and add Footnotes 5, 6, and 7 Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District – 2) 16. Amend the table to add “Low Barrier Navigation Center,” “Supportive housing,” and “Transitional Housing” as permitted uses and add Footnotes 5, 6, and 7 Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District – 4) 17. Amend the table to add “Low Barrier Navigation Center” and “Supportive housing” as permitted uses and “Transitional Housing” as a conditionally permitted use and add Footnotes 9, 10, and 11 Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) 18. Amend the section to include language permitting Accessory Dwelling Units (ADU’s), “Low barrier navigation centers,” “Supportive housing,” and “Transitional housing” Section 17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6)) 19. Amend the section to include language permitting “Low barrier navigation centers,” “Supportive housing,” and “Transitional housing” Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District – 7 Description of Use Area) 4 20. Amend the table to include “Accessory Dwelling Units” as a permitted use in all planning areas, “Low Barrier Navigation Center” and “Supportive housing” as a permitted use in Planning Area 2, and “Transitional Housing” as a conditionally permitted use in all planning areas and add Footnotes 2, 3, 4, and 5 Table 17.22.196 (Schedule of Permitted Uses DePortola Road Planned Development Overlay District – 8) 21. Amend the table to include “Supportive housing,” and “Transitional Housing” as a permitted use and add Footnotes 7, and 8 Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District – 10 22. Amend the table to include “Accessory Dwelling Units,” “Low Barrier Navigation Center,” “Supportive housing,” and “Transitional Housing” as a permitted use and add Footnotes 5, 6, 7, and 8 Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District – 11) 23. Amend the section to include “Accessory Dwelling Units,” “Supportive housing,” and “Transitional Housing” as a permitted use Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District – 12) 24. Amend the table to include “Accessory dwelling units,” “Supportive housing,” and “Transitional Housing” as a permitted use and add Footnotes 3, 4, and 5 Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use Regulations) of Article XV (Gateway Planned Development Overlay District – 14) 25. Amend the table to include “Low Barrier Navigation Center,” “Supportive housing,” and “Transitional Housing” as a permitted use and add Footnotes 3, 4, and 5 Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District – 15) 26. Amend the section to include “Accessory Dwelling Units,” “Supportive housing,” and “Transitional Housing” as a permitted use Chapter 17.23 (Accessory Dwelling Units) 5 27. Section 17.23.020 (Definitions.) Amend the definitions of Attached ADU and Detached ADU to specify that they can be connected to an existing structure (garage) as well as the residence itself. 28. Section 17.23.050 (ADU standards.) Amend the height restrictions for ADU’s, specify ADU’s cannot be sold, transferred or assigned separately than the primary dwelling unit unless developed by a qualified nonprofit corporation and limit the enforcement of front yard setbacks that would preclude the construction of an eight hundred square foot ADU. Section 17.03.065 (Reasonable Accommodations) 29. Amend Section 17.03.065 to address commitments made by the City in its Housing Element to ensure that the reasonable accommodation ordinance is not a constraint on housing choice for persons with disabilities. Section 17.03.090(B) (Appeals) 30. The proposed ordinance would amend the appeals section to include language that would allow the Director of Community Development to refer an application for reasonable accommodation directly to the Planning Commission. Table 17.24.040 of Section 17.24.040 (Parking requirements) 31. Amend the table to reduce parking requirements for multi-family residential developments with less than 12 units by ½ space per unit ANALYSIS Outlined below is the explanation for the proposed amendments: 1. “A” Definitions and Illustrations – Section 17.34.010 Definitions are being added for “Agricultural employee housing,” and “Agricultural use” to comply with recent changes to state law. “Agricultural employee housing” is housing for agricultural workers and may include, but is not limited to, conventionally constructed units and manufactured housing. Agricultural employee housing is a residential land use for land designated for agricultural uses. Health & Safety Code Section 17021.6 generally requires that employee housing for farmworkers consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use by a single family or household to be treated as an agricultural use. A definition was added for “agricultural use” to distinguish agricultural type uses that are done for commercial purposes versus non-commercial purposes. 2. “E” Definitions and Illustrations – Section 17.34.010 6 A definition for “Employee housing” is being added to comply with changes in state law relating to employee housing. “Employee housing” is a single-family residence that is owned or rented by a company for the purpose of providing housing for its employees. Health & Safety Code Section 17021.5 requires cities to consider employee housing with six or fewer employees as a single-family residence and to regulate such housing in the same manner as other single-family residences. 3. “F” Definitions and Illustrations – Section 17.34.010 The definition for “Family day care home” is being amended to clarify that family day care homes include single family detached or attached residences as well as a single unit within a multifamily development whether the residence is rented, leased or owned. 4. “L” Definitions and Illustrations – Section 17.34.010 Definitions for “Large family day care home,” and “Low barrier navigation center” are being added to address changes in state law relating to family day care homes and the requirement to permit low barrier navigation centers by right. A “Low Barrier Navigation Center” is defined as a “Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. ‘Low Barrier’ means best practices to reduce barriers to entry, and may include, but is not limited to the follow: 1) The presence of partners if it is not a populations-specific site, such as survivors of domestic violence or sexual assault, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.” Government Code Section 65662 requires Low Barrier Navigation Centers meeting certain criteria to be allowed by-right in mixed-use and non-residential zones where multifamily residential uses are permitted. 5. “S” Definitions and Illustrations – Section 17.34.010 The definition of “Small family day care home” is being added to comply with recent changes to state law relating to family day care homes. 6. Section 17.03.040 (Public Hearing and Notification) Changes in state law have limited the number of public hearings that may be conducted when reviewing housing development projects to no more than 5, once an application has been deemed complete. The term “public hearing” is defined broadly to include any workshop, commission, council, department or subcommittee. This statute has a sunset clause and will automatically expire on January 1, 2034. 7. Table 17.06.030 (Residential Districts) 7 Recent changes in state law require local jurisdictions to permit by right “Employee housing,” and “Agricultural employee housing.” Table 17.06.030 is being amended to provide that “Employee housing” and “Agricultural employee housing” are permitted uses in all residential zones except for the HR-SM zone. In addition, in compliance with requirements set forth by HCD, the City committed in its Housing Element to amend the Municipal Code to allow “Community Care Facilities” and “Residential Care Facilities” as permitted uses in all residential zones. As such, Table 17.06.030 is being amended to provide that “Community Care Facilities”, “Residential Care Facilities (Seven Or More)” and “Residential Care Facilities for the Elderly (Seven Or More)” are permitted in all residential zones. Currently, Community Care Facilities are not identified in Table 17.06.030. “Residential Care Facilities (Seven Or More)” are currently only permitted by right in the H zone and conditionally permitted in all other residential zones. “Residential Care Facilities for the Elderly (Seven Or More)” are currently only permitted by right in the M and H zones and conditionally permitted in all other residential zones. 8. Table 17.06.040 (Development Standards – Residential Districts) Changes to state law have limited the ability of cities to enforce a floor area ratio (FAR) standard that is less than 1.0 for housing development projects that consist of 3-7 units or less than 1.25 for housing development projects that consist of 8-10 units. (SB478) 9. Section 17.06.080 (Hillside Development Standards) The proposed ordinance amends the fuel modification plan requirements to specify that the “General Guidelines” adopted by the State Board of Forestry and Fire Protection on February 8, 2021, or the most current edition of these guidelines is to be used. 10. Section 17.06.090 (Objective design standards – Multifamily and mixed-use development) Changes to state law have continued to require “objective” design standards for the design of residential projects, so far as to render unenforceable any “subjective” design standards for residential projects. The proposed ordinance would include language that requires the City’s previously adopted Objective Design Standards be used for any residential project submitted through a streamlined review process. 11. Chapter 17.06.100 (Streamlined review) Recent changes to state law have implemented streamlining requirements for housing projects meeting specific requirements, usually the inclusion of affordable housing units meets these requirements. This proposed ordinance would add a new section specifying that such projects will undergo a streamlined review process. 12. Chapter 17.06.110 (Supportive housing) Changes to state law regarding supportive housing have required jurisdictions to permit supportive housing by right in any zoning district that permits multifamily and mixed-use 8 development, additionally for projects located within ½ mile of a public transit stop there is no requirement to provide parking. The proposed ordinance would add a new section specifying that such developments shall comply with the objective design standards. 13. Table 17.08.030 (Schedule of Permitted Uses – Commercial/Office/Industrial Districts) Recent changes to state law require jurisdictions to permit by right “Low Barrier Navigation Centers” and “Supportive housing” in all zones that permit mixed use, and nonresidential zoning districts that permit multi-family uses. Moreover, Government Code section 65583(c)(3) states that “Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.” Table 17.08.030 is amended to permit, by right, “Low Barrier Navigation Centers,” “Supportive Housing,” and “Transitional Housing” in the NC, CC, HT, SC and PO zones. Currently, “Supportive Housing” and “Transitional Housing” are only conditionally permitted in the CC and PO zones. The proposed ordinance would also add footnotes 13, 14, and 15 which specify additional requirements that apply to these uses. 14. Section 17.10.020 (Supplemental Development Standards) Changes to state law have reduced jurisdictions ability to implement more stringent parking requirements for emergency shelters than for a residential or commercial use within the same zoning district. The proposed ordinance would amend the supplemental development standards to clarify that emergency shelter parking requirements are not applicable if the shelter requires more parking than other residential or commercial uses in the same zone. 15. Table 17.12.030 (Schedule of Permitted Uses – Public/Institutional Districts) The proposed ordinance would amend Table 17.12.030 to provide that “Low Barrier Navigation Centers,” “Supportive Housing,” and “Transitional Housing” are permitted uses, consistent with changes in State law. The proposed ordinance also adds footnotes 5, 6, and 7 which specify additional requirements that apply to these uses. 16. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District – 2) The proposed ordinance would amend Table 17.22.116 within Planned Development Overlay District No. 2 to permit “Low Barrier Navigation Centers,” “Supportive housing,” and “Transitional housing” as permitted uses consistent with State law and would add footnotes 5, 6, and 7 which specify additional requirements that apply to these uses. 17. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District – 4) 9 The proposed ordinance would amend Table 17.22.136B to provide that “Low Barrier Navigation Centers,” “Supportive Housing,” and “Transitional Housing” are permitted uses, consistent with changes in State law. The proposed ordinance would also add footnotes 9, 10, and 11 which specify additional requirements that apply to these uses. 18. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) The proposed ordinance would amend Section 17.22.146 to provide that “Accessory dwelling units,” “Low Barrier Navigation Centers,” and “Supportive Housing” are permitted uses, and that “Transitional Housing” is a conditionally permitted use in the PDO-4R zone, consistent with changes in State law, and subject to certain requirements. 19. Section 17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6)) The proposed ordinance would amend Planned Development Overlay District No. 6 (Planning Area B) to provide that “Low Barrier Navigation Centers”, “Supportive Housing,” and “Transitional Housing” are permitted uses, consistent with changes in State law, and subject to certain requirements. 20. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District – 7 Description of Use Area) The proposed ordinance would amend Table 17.22186B to provide that “Accessory dwelling units” (ADU) are permitted in all zoning districts that permit residential uses. The proposed ordinance would also amend Table 17.22.186B to include “Low Barrier Navigation Centers” and “Supportive Housing as permitted uses in Area 2 (ER) and “Transitional Housing” as a conditionally permitted use in all the planning areas in PDO- 7. The proposed ordinance also adds footnotes 2, 3, and 4 which specify additional requirements that apply to these uses. 21. Table 17.22.196 (Schedule of Permitted Uses DePortla Road Planned Development Overlay District – 8) The proposed ordinance would amend Table 17.22.196 within Planned Development Overlay District No. 8 to include “Low Barrier Navigation Centers,” “Supportive Housing,” and “Transitional Housing” as permitted uses and adds footnotes 7, 8, and 9 which specify additional requirements that apply to these uses. 22. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District – 10 The proposed ordinance would amend Table 17.22.216B within Planned Development Overlay District No. 10 to include “Accessory Dwelling Units,” “Low Barrier Navigation Centers,” “Supportive housing,” and “Transitional housing” as permitted uses and adds 10 footnotes 5, 6, 7, and 8 which specify additional requirements that apply to these uses. 23. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District – 11) The proposed ordinance would amend Planned Development Overlay District No. 11 to include “Accessory dwelling unit,” “Supportive housing,” and “Transitional housing” as permitted uses. 24. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District – 12) The proposed ordinance would amend Planned Development Overlay District No. 12 to include “Supportive housing,” and “Transitional housing” as permitted uses. In addition, the proposed ordinance would include “Accessory dwelling units” (ADU) as a permitted accessory use in all zoning districts that permit residential uses. 25. Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use Regulations) of Article XV (Gateway Planned Development Overlay District – 14) The proposed ordinance would amend Table 1 within Planned Development Overlay District No. 14 to include “Low Barrier Navigation Centers,” “Supportive housing,” and “Transitional housing” as permitted uses and adds footnotes 3, 4, and 5 which specify additional requirements that apply to these uses. 26. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District – 15) Recent changes to state law require jurisdictions to permit by right “Supportive housing,” and “Transitional housing” in all zones that permit mixed use, and nonresidential zoning districts that permit multi-family uses. This proposed ordinance would amend Planned Development Overlay District No. 15 to include these uses. In addition, the proposed ordinance would include “Accessory dwelling units” (ADU) as a permitted accessory use in all zoning districts that permit residential uses. 27. Section 17.23.020 (Definitions) Accessory dwelling unit (ADU) law continues to evolve and be refined as more ADU’s are built. The proposed ordinance would amend the definition of Attached and Detached ADU to clarify that such units can be attached to portions of the structure that are not a part of the residence itself. 28. Section 17.23.050 (ADU Standards) The proposed ordinance would update ADU standards to reflect changes in State law. Height limits for ADU’s would increase to eighteen (18) feet for ADU’s that are within ½ 11 mile of a major transit stop, twenty (20) feet for ADU’s that need additional height to match the existing roof pitch, eighteen (18) feet for a detached ADU on a lot with multifamily development and up to twenty-five (25) feet for attached ADU’s or the height limit of the primary dwelling whichever is less. Additionally, the proposed ordinance would prohibit the transfer or sale of an ADU unless developed by a qualified nonprofit corporation and meets the requirements of Government Code Section 65852.26(a). Lastly, the proposed ordinance would clarify that front yard setbacks cannot be enforced that would preclude the construction of an eight hundred (800) square foot ADU that is sixteen (16) feet in height with four foot side and rear yard setbacks. These changes are being made to comply with state law. Although the ADU amendments are currently included in the same ordinance as the other Housing Element amendments, the ADU amendments will be presented to the City Council as a separate ordinance since the City is required to provide a copy of its ADU ordinance to HCD in compliance with State law. 29. Section 17.03.065 (Reasonable Accommodations) HCD identified that the City’s reasonable accommodation ordinance needed to be revised because the findings related to residential care facilities, traffic and parking afforded the City too much discretion. In its Housing Element, the City committed to revising its reasonable accommodation ordinance to ensure the requirements are not a constraint to housing choice for persons with disabilities. This proposed ordinance amends Section 17.03.065 to provide objective standards for determining whether a requested accommodation would substantially increase traffic or result in insufficient parking, eliminates the findings pertaining to residential care facilities, and makes other revisions to Section 17.03.065 to provide a clear process for applicants who are seeking a reasonable accommodation to follow and clear standards that would apply for such reasonable accommodation requests. 30. Section 17.03.090(B) (Appeals) The proposed ordinance would amend the appeals section to include language that would allow the Director of Community Development to refer an application for reasonable accommodation directly to the Planning Commission if in their discretion they believe that the application may cause material effect on surrounding properties. 31. Table 17.24.040 of Section 17.24.040 (Parking requirements) The 2021-2029 Housing Element had provisions that the City would evaluate parking requirements for multifamily housing developments with 3-12 units. The proposed ordinance would amend the parking requirements for multifamily residential projects consisting of 3 – 12 units by ½ space per unit, making the new requirement 1 ½ space per unit, guest spaces remain unchanged. LEGAL NOTICING REQUIREMENTS 12 Notice of the public hearing was published in the Press Enterprise on October 5, 2023. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report (“FEIR”) for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council’s adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01. ATTACHMENTS: 1. PC Resolution 2. 3. 4. Exhibit A - Draft City Council Ordinance Exhibit B – HCD Correspondence (Dated: 12/3/2021) Exhibit C – HCD Approval Letter (Dated: 12/15/2022) 5. Notice of Public Hearing PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY’S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR- SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO- 12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) PROVIDING THAT ACCESSORY DWELLING UNITS (ADUS) ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO- 11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU REGULATIONS, (12) REVISING REASONABLE ACCOMMODATION REGULATIONS, (13) REVISING PARKING STANDARDS FOR MULTI-FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (14) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (15) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION 15162” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code on October 18, 2023, 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. C. The proposed amendments to Title 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit “A”. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. In recommending adoption of the proposed Ordinance, the Planning Commission of the City of Temecula does hereby make the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 1. The proposed 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 amends existing land use and zoning procedures consistent with the City Housing Element and State law to provide that low barrier navigation centers are a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses, that supportive housing is a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, and that transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone, and that accessory dwelling units are permitted in all residential zones. The ordinance also allows for employee housing and agricultural housing, community care facilities, and residential care facilities (seven or more) in certain residential zones. These are residential uses that are allowed in the land use designation in which the uses will be located. Other amendments to Title 17 of the Temecula Municipal Code do not concern a particular land use designation, but are designed to be consistent with State Housing Law, the Temecula Housing Element Update, the federal Fair Housing Act, and the California Fair Employment and Housing Act, and to be internally consistent with the other elements of the Temecula General Plan and the Temecula Municipal Code. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The Ordinance implements the goals and policies contained in the City’s 2021 -2029 Housing Element. Inclusion of Agricultural Employee and Employee housing furthers Policy 1.2 of the Housing Element which is to, “Encourage residential development that provides a range of housing types in terms of cost, density, unit size, configuration, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types.” Inclusion of Residential Care Facilities, Residential Care Facilities for the Elderly, Community Care Facilities implements Goal 2 of the Housing Element which is to, “Provide housing for people of different economic segments and with special needs.” Addition of Supportive Housing, Transitional Housing, and Low Barrier Navigation Centers furthers Goal 5 of the Housing Element which is to, “Affirmatively further fair housing, providing equal housing opportunity for all residents in Temecula.” Implementation of revised reasonable accommodations, revised parking standards, and implementing a streamlined review process all further Goal 3 of the Housing Element, which is to, “ Reduce and/or remove governmental and nongovernmental constraints in the maintenance, improvement, and development of housing, where appropriate and legally possible.” The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. 3. The proposed uses are 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 federal Fair Housing Act, the California Fair Employment and Housing Act, and to be internally consistent with the other elements of the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Compliance. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report (“FEIR”) for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council’s adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR 22-0664, a proposed Citywide Ordinance as set forth on Exhibit “A”, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of October 2023. Lanae Turley-Trejo, Chair ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2023- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of October, 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary -1- ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY’S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L -1, L-2, LM, HR- SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO- 12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) PROVIDING THAT ACCESSORY DWELLING UNITS (ADUS) ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO- 11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU REGULATIONS, (12) REVISING REASONABLE ACCOMMODATION REGULATIONS, (13) REVISING PARKING STANDARDS FOR MULTI-FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (14) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (15) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION 15162 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: -2- Section 1. Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to ensure the Temecula Municipal Code is amended in conformity with the housing programs that the City committed to when it adopted the 2021-2028 Housing Element and amendments needed to conform to changes in State law. Section 2. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. On November 6, 2023, the Temecula Planning Commission considered this Ordinance 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. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2023-XX recommending approval of the Ordinance by the City Council. C. On November 14, 2023, the City Council, at a regular meeting, considered the Ordinance 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 3. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendments hereby makes the following additional 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 Ordinance implements the goals and policies contained in the City’s 2021 -2029 Housing Element. Inclusion of Agricultural Employee and Employee housing furthers Policy 1.2 of the Housing Element which is to, “Encourage residential development that provides a range of housing types in terms of cost, density, unit size, configuration, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types.” Inclusion of Residential Care Facilities, Residential Care Facilities for the Elderly, Community Care Facilities implements Goal 2 of the Housing Element which is to, “Provide housing for people of different economic segments and with special needs.” Addition of Supportive Housing, Transitional Housing, and Low Barrier Navigation Centers furthers Goal 5 of the Housing Element which is to, “Affirmatively further fair housing, providing equal housing opportunity for all residents in Temecula.” Implementation of revised reasonable accommodations, revised parking standards, and implementing a streamlined review process all further Goal 3 of the Housing -3- Element, which is to, “ Reduce and/or remove governmental and nongovernmental constraints in the maintenance, improvement, and development of housing, where appropriate and legally possible.” The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The Ordinance implements the goals and policies contained in the City’s 2021 -2029 Housing Element. The Ordinance amends the Municipal Code to implement the programs of the Housing Element to remove constraints on the development of housing. 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 federal Fair Housing Act, the California Fair Employment and Housing Act, and to be internally consistent with the other elements of the Temecula General Plan and all applicable provisions contained therein. Section 4. Subsection A (“A” Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions to read as follows, with all other provisions of Section 17.03.010 remaining unchanged: “Agricultural employee housing” means housing for agricultural workers that may include, but is not limited to, conventionally constructed units and manufactured housing consisting of no more than 36 beds in group quarters (or 12 units or less) designed for use b y a single family or household. “Agricultural use” means land with a minimum lot size of five (5) acres that is used for the purpose of producing an agricultural commodity for commercial purposes. Agricultural commodity means any and all plant and animal products produced in this state for commercial purposes. An agricultural use can occur wholly, or in part, in a greenhouse. Section 5. Subsection E (“E” Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition to read as follows: “Employee housing” has the same meaning as set forth in Health and Safety Code section 17008. Section 6. Subsection F (“F” Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to amend the definition of “Family day care home” as follows: “Family day care home” means a home (a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the underlying zoning allows residential uses) which that regularly provides care, protection, and supervision of fourteen or fewer children, in the provider’s own home, whether the home is rented, -4- leased or owned, for periods of less than twenty-four hours per day, while the parents or guardians are away. This includes large family day care homes and small family day care homes.” Section 7. Subsection L (“L” Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add new definitions as follows: “Large family day care home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.465. “Low barrier navigation center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following: 1) the presence of partners if it is not a population- specific site, such as for survivors of domestic violence or sexual violence, women, or youth; 2) pets; 3) the storage of possessions; 4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.” Section 8. Subsection S (“S” Definitions and Illustrations) of Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title 17 of the Temecula Municipal Code is hereby amended to add a new definition as follows: “Small family daycare home” means a facility th at provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Health and Safety Code Section 1597.44.” Section 9. A new paragraph “G” entitled “Public Hearings for Housing Development Projects” is hereby added to Section 17.03.040 (Public hearing and notification) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section 17.03.040 remaining unchanged: “G. Public Hearings for Housing Development Projects. In accordance with California Government Code Section 65905.5 the City may not conduct more than five (5) public hearings on a housing development project if the project complies with the objective general plan and zoning standards in effect at the time an application is deemed complete. For purposes of this paragraph G, a “public hearing” shall have the same meaning as set forth in Government Code Section 65905.5(b)(2); and a “housing development project” shall have the same meaning as set forth in Government Code Section 65905.5(b)(3). This paragraph (G) shall remain in effect only until January 1, 2034, and as of that date is repealed.” Section 10. Table 17.06.030 “Residential Districts” of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a line under “Residential” to read as follows (with additions shown in underlined text and deletions shown in underlined text), with all other provisions of Table 17.06.030 remaining unchanged: -5- Description of Use HR RR VL L-1 L-2 LM M H HR- SM9 Residential Employee housing14 P P P P P P P P - Agricultural employee housing15 P P P P P P P P - Community care facility P P P P P P P P P Residential care facilities (seven or more) CP CP CP CP CP CP CP P CP Residential care facilities for the elderly (seven or more CP CP CP CP CP CP P P CP Footnote 14: Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. Employee housing providing accommodations for seven or more employees shall be considered a multifamily use and shall only be permitted in the medium density and high density zones. Footnote 15. Agricultural employee housing is a residential land use for land designated for agricultural use. An agricultural use is defined in Section 17.34.010. Section 11. A new Footnote 6 is added to Table 17.06.040 “Development Standards - Residential Districts” of Section 17.06.040 (Development Standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions shown in underlined text), with all other provisions of Table 17.06.040 remaining unchanged: HR RR VL L-1 L-2 LM M 5 H6 HR-SM Other requirements Maximum percent of lot coverage6 10% 15% 20% 25% 25% 35% 35% 30% Subject to Section 17.06.080 Footnote 6: The lot coverage requirement may be reduced to the extent it would physically preclude a housing development project (as defined in Government Code Section 65589.5(h)(2)) consisting of three to 10 units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11. -6- Section 12. Paragraph (F)(15) of Section 17.06.080 (Hillside development standards) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.06.080 remaining unchanged: “15. A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006 (“General Guidelines”), or the most current edition of the General Guidelines.” Section 13. Section 17.06.090 (Objective design standards -Multifamily and mixed-use development.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): “Any housing development project that, pursuant to state law, requires ministerial approval or streamlined review, or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments.” Section 14. A new Section 17.06.100 (Streamlined review) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: “17.06.100 Streamlined review The City shall conduct a streamlined review of projects that are eligible under Government Code section 65913.41 and 65912.100 et seq., or any other State mandated streamlined review.” Section 15. A new Section 17.06.110 (Supportive housing) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: “Section 17.06.110 Supportive housing A. Purpose. The purpose of this section is to allow supportive housing, as defined in Government Code Section 65582, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generall y described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing. B. Applicability and Standards. (1) Supportive housing shall be permitted by right in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all requirements of Government Code Section 65651(a). -7- (2) If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654. (3) Supportive housing shall comply with objective development standards and policies that apply to other multifamily development within the same zone. In the event of a conflict between the standards of this section and the standards of the underlying zone, the standards in this section shall apply. C. Processing of Application. (1) The following time frames apply to the processing of a supportive housing application, unless different time frames are set forth in Government Code section 65653. The City shall notify the applicant whether the application is complete within 30 days of receipt of an application to develop supportive housing. The City shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. If any of these timeframes are modified by State law, then State law shall govern.” Section 16. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Co de is hereby amended to read as follows (with additions shown in underlined text and deletion shown in strikethrough text) with all other provisions of Table 17.08.030 remaining unchanged: Description of Use NC CC HT SC PO BP LI L Low Barrier Navigation Center13 P P P P P - - S Supportive housing14 - P CP -P -P CP - - T Transitional housing15 -P CP -P -P CP - - Footnote 13. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 14. Supportive housing shall comply with Section 17.06.110. Footnote 15. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a permitted or conditionally permitted use, see the different residential types in the chart above.” Section 17. Subsection R(7) of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplemental development standards) of Title 17 (Zoning) is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: -8- “7. A minimum of one parking space for every ten beds, plus one-half parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent if the shelter is located within one thousand feet of a public transit stop. Bicycle rack parking shall also be provided at the facility. Notwithstanding the foregoing, these standards shall not apply if they require more parking for emergency shelters than other residential or commercial uses in the same zone.” Section 18. Table 17.12.030 (Schedule of Permitted Uses – Public/Institutional Districts) of Section 17.12.030 (Use regulations) of Chapter 17.12 (Public/Institutional Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.12.030 remaining unchanged: Description of Use Public/Institutional District (PI) L Low Barrier Navigation Center5 P S Supportive housing6 P T Transitional housing7 P Footnote 5. A low barrier navigation center shall be permitted by right in the PI zone only if the project meets the criteria set forth in Government Code section 65662. Footnote 6. Supportive housing shall comply with Section 17.06.110. Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 19. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District - 2) of Article III (Margarita Road Planned Development Overlay District – 2) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add new rows under “Residential” to read as follows, with all other provisions of Table 17.22.116 remaining unchanged: Description of Use PDO-2 Residential Low Barrier Navigation Center P5 Supportive housing P6 Transitional housing P7 Footnote 5. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. -9- Footnote 6. Supportive housing shall comply with Section 17.06.110. Supportive housing in single-family detached and duplex (two-family dwellings) are permitted only with the approval of the planning commission to ensure compliance with objective design standards. Footnote 7. Transitional housing shall be subject only to those restrictions that apply to ot her residential dwellings of the same type. Section 20. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District – 4) of Section 17.22.136 (Use Regulations) of Article V (Temecula Creek Village Planned Development Overlay District – 4) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.136 remaining unchanged: Description of Use PDO-4R PDO-4V L Low barrier navigation center9 P - S Supportive Housing10 P - T Transitional housing11 C - Footnote 9. A low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 10. Supportive housing shall comply with Section 17.06.110. Footnote 11. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 21. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous Planned Development Overlay District (PDO-5)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): “A. Only multifamily residential land uses shall be allowed in the PDO. B. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23. C. Low barrier navigation centers shall be permitted by right if the project meets the criteria set forth in Government Code section 65662. D. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right in a multifamily residential use. E. Transitional housing shall be permitted by right in a multifamily residential use.” -10- Section 22. Planning Area B - Rancho Pueblo Professional Center of Section 17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District (PDO-6)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text), with all other provisions of Section 17.22.164 remaining unchanged: “PLANNING AREA B - RANCHO PUEBLO PROFESSIONAL CENTER The site may contain a well-coordinated mix of professional office and other use types, including: 1. Medical and professional office; 2. Self-storage facilities; 3. Assisted living facilities; 4. Senior living facilities. 5. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right in a multifamily residential use. 6. Transitional housing shall be permitted by right in a multifamily residential use. 7. Low barrier navigation centers shall be permitted by right in a multifamily residential use. The site is organized around the central main street, Rancho Pueblo Road, which traverses the middle of the site, from its western terminus at Highway 79, shared with the Rancho Community Church and Schools site to the west, to its interim eastern terminus at the PDO eastern boundary; secondary access is also provided via the right-in right-out road connecting to Highway 79 at the eastern boundary of the site. - In addition, a connection for Rancho Pueblo Road to the east is provided in planning area B. Development parcels are located along and accessed from Rancho Pueblo Road, which bisects the site in an east-west direction. Some access may also be provided, at a suitable distance from Highway 79, from the right-in, right-out access road connecting to Highway 79, at the eastern end of the site. Parcels along Highway 79 have their front yards, with appropriate setbacks, designated along Highway 79, while the parcels to the rear of the site front onto Rancho Pueblo Road. Main entries of buildings, especially those along the Highway 79 frontage, will be oriented towards the interior of the site to keep the amount of parking on the exterior boundaries of the site to a minimum. Buildings fronting onto Highway 79 will be variably setback and spaced along the right- of-way line to provide a combination of visually interesting relationships with respect to access and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or pairs of buildings around shared, central courtyards to promote a more village-like atmosphere. Figure 5A illustrates a representative development pattern, while Figure 11 (see Section 17.22.172(A)(3)), illustrates how the shared landscaped areas can as pedestrian gathering places, serving adjacent buildings. -11- Fig. 5A Planned Development Overlay PA01-0522 Conceptual Illustrative Land Use Plan—Rancho Pueblo Professional Center” Section 23. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area) of Section 17.22.186 (Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all other provisions of Table 17.22.186B remaining unchanged: Description of Use Area 1A, 1B, 1C & 1D (EI) Area 2 (ER) Area 3A & 3B (PI) A Accessory dwelling unit2 P P P L Low Barrier Navigation Center3 P S Supportive housing4 - P _ T Transitional housing5 C C C Footnote 2. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter 17.23. Footnote 3. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562. -12- Footnote 4. Supportive housing shall comply with Section 17.06.110. Footnote 5. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. To determine whether the type of transitional housing proposed is a prohibited, permitted or conditionally permitted use, see the different residential types in the chart above.” Section 24. Table 17.22.196 (Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8) of Section 17.22.196 (Use Regulations) of Article IX (De Portola Road Planned Development Overlay District -8) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with the remainder of Table 17.22.196 remaining unchanged: Description of Use PDO-8 L Low Barrier Navigation Center7 P S Supportive housing8 P T Transitional housing9 P Footnote 7. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65562. Footnote 8. Supportive housing shall comply with Section 17.06.110. Footnote 9. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 25. Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use Regulations) of Article XI (Temecula Education Center Planned Development Overlay District - 10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Table 17.22.216(B) remaining unchanged: Description of Use PDO-10 A Accessory dwelling unit5 P L Low Barrier Navigation Center6 P S Supportive housing7 P T Transitional housing8 P -13- Footnote 5. Accessory dwelling units shall comply with the requirements set forth in Chapter 17.23. Footnote 6. Low barrier navigation center is permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 7. Supportive housing shall comply with Section 17.06.110. Footnote 8. Transitional housing shall be subject only to those restrictions that apply to other residential dwellings of the same type. Section 26. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text): “The Mira Loma planned development overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of sixty-two single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city’s general plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23. Supportive housing that complies with Section 17.06.110 shall be a permitted use. Transitional housing shall be permitted by right in single family homes.” Section 27. Section 17.22.246 (Use Regulations) of Article XIII (Walcott Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: “The Walcott Estates planned development overlay district (PDO-12), located between Walcott Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single- family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8 dwelling units per gross acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city’s general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23. Supportive housing that complies with Section 17.06.110 shall be a permitted use. Transitional housing shall be permitted by right in single family homes.” -14- Section 28. Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use Regulations) of Article XV (Gateway Planned Development Overlay District -14) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following rows to read as follows, with all other provisions of Section 17.22.276 remaining unchanged: Description of Use PA1 and PA2 L Low barrier navigation center3 P S Supportive housing4 P T Transitional housing5 P Footnote 3. Permitted by right if the project meets the criteria set forth in Government Code section 65662. Footnote 4. Supportive housing shall comply with Section 17.06.110. Footnote 5. Multi-family transitional housing is permitted by right. Section 29. Section 17.22.294 (Use Regulations) of Article XVI (Cypress Ridge Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: “The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of two hundred forty-five single-family detached and attached homes within fee simple condominium unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14 dwelling units per net acre. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the city’s general plan policies in response to local market demands and will provide for a visually pleasing environment through adaptation of supplemental performance standards that have been provided to ensure transitional compatibility with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with Chapter 17.23. Supportive housing that complies with Section 17.06.110 shall be a permitted use. Transitional housing shall be permitted by right in single family homes.” Section 30. Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in strikethrough text): “17.23.010 Purpose and applicability. -15- The purpose of this chapter is to implement the requirements of Government Code Sections 65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a manner that encourages their development but simultaneously minimizes impacts on traffic, parking, density, and other areas where the city is still permitted to exercise local control. 17.23.020 Definitions. “Accessory dwelling unit” or “ADU” has the same meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time. An accessory dwelling unit contains a kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. “Attached ADU” means an ADU that is constructed as a physical expansion (i.e. addition) of the primary dwelling or existing structure and shares a common wall with the primary dwelling or existing structure. “Detached ADU” means an ADU that is constructed as a separate structure from the primary dwelling or existing structure, which does not share any walls with the primary dwelling or existing structure. “Existing structure” means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law. “Junior accessory dwelling unit” or “JADU” has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. “Primary dwelling,” for purposes of this chapter, means the existing or proposed single -family dwelling on the lot where an ADU would be located. “Public transit,” for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.2(j), as the same may be amended from time to time. 17.23.030 Projects exempt—Building permit approval only A. An applicant shall not be required to submit an application for an ADU or JADU permit under this chapter, and may instead seek building permit approval for an ADU or JADU that satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be amended from time to time, and the California Building Standards Code, as amended by the city. B. An ADU or JADU approved by a building permit only process shall be rented only for terms of thirty-one days or longer. -16- C. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (i) the ADU or JADU is to be rented only for terms of thirty-one days or longer, unless State law and the city’s municipal code are both amended to allow short-term rentals; (ii) the ADU or JADU is not to be sold or conveyed separately from the primary dwelling, and (iii) if there is a JADU on the property, either the JADU or primary dwelling shall be occupied by the owner of record. Proof of recordation of the covenant shall be provided to the city before the city finals the building permit. D. Pursuant to Government Code Section 65852.2(e), the city shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following: 1. One ADU or JADU per lot with a proposed or existing single-family dwelling if all of the following apply: a. The ADU or JADU is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The JADU complies with the requirements of Section 65852.22 and with the requirements set forth in subsection E below. 2. One detached, new construction ADU that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single -family dwelling. The ADU may be combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than eight hundred square feet in size, with a height limit of sixteen feet. 3. One ADU within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals twenty-five percent of the existing multifamily dwelling units in the structure. 4. Not more than two detached ADUs located on a lot that has an existing multifamily dwelling, subject to a height limit of sixteen feet and four-foot rear yard and side setbacks. E. In accordance with the standards set forth in Government Code Section 65852.22, JADUs shall comply with the following requirements, unless state law is amended to set forth different standards in which case state law standards will govern: -17- 1. A JADU shall be a minimum of two hundred twenty square feet and a maximum of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of a JADU. 2. A JADU must be contained entirely within the walls of the existing or proposed single-family dwelling. 3. A separate exterior entry from the main entrance to the single-family dwelling shall be provided to serve a JADU. 4. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing single-family dwelling. 5. A JADU shall include an efficiency kitchen which shall include all of the following: a. A cooking facility with appliances. b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 6. No additional parking is required for a JADU. 7. The JADU or primary residence shall be occupied by the owner of record. 8. The city shall not issue a building permit until the applicant provides a will serve letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage disposal system is being used, the applicant must provide documentation showing approval by the local health officer in lieu of the will serve letter by the local sewer provider. 17.23.040 General requirements and application procedure. A. Before constructing an ADU or converting an existing structure to an ADU that does not fall under the “building permit approval only” requirements in Section 17.23.030, the applicant shall obtain permits in accordance with the requirements of this section. B. All ADUs shall satisfy the requirements of the California Building Standards Code, as amended by the city. C. In accordance with state law, ADUs are an accessory use or an accessory structure to the primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the lot. D. Applications for ADUs shall be completed in accordance with Section 17.03.030 of this Development Code. The application for the ADU must be signed by the owner(s) of the parcel of land. E. The director of community development or designee shall ministerially review and approve an ADU permit application and shall not require a public hearing, provided that the submitted -18- application is complete and demonstrates that the ADU complies with the requirements contained in this chapter and any other applicable law. F. ADU permit applications subject to ministerial approval shall be processed within the timelines established by California Government Code Section 65852.2. The city shall approve the ADU permit within sixty days of receiving the application, or as the deadline required by Government Code Section 65852.2 may be amended from time to time. G. Where an ADU permit application is submitted with an application for a primary dwelling that is subject to discretionary review under this code, the ADU permit application will be considered separately without discretionary review or a public hearing, following action on the portion of the project subject to discretionary review. H. In addition to obtaining an ADU permit, the applicant shall be required to obtain a building permit and any other applicable construction permits prior to the construction of the ADU. 17.23.050 ADU standards. Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the following standards: A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary dwelling that is zoned residential. B. Development Standards. 1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case shall an ADU be less than an “efficiency unit” as defined in Section 17958.1 of Health and Safety Code with respect to square footage. 2. Height Restrictions. An ADU shall not exceed sixteen feet in height.The maximum height of any new ADU shall not exceed the following: a. Sixteen (16) feet for a detached ADU, except as provided in subparagraphs b and c below. b. Eighteen (18) feet for a detached ADU on a lot that is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155; or twenty (20) feet if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. Eighteen (18) feet for a detached ADU on a lot with an existing or proposed multistory multifamily dwelling. -19- d. Twenty-five (25) feet or the height limit applicable to the primary dwelling, whichever is less, for an attached ADU. 3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary dwelling unless the ADU was built by a qualified nonprofit corporation and meets the additional requirements of Government Code Section 65852.26(a). ADUs but may be rented but The ADU shall not be used for short-term rentals for less than thirty-one days. 4. Setbacks. No setback shall be required for an ADU that is within an existing structure or new ADU that is constructed in the same location and with the same dimensions as an existing structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the municipal code except where the application of the front yard setback requirement would not permit construction of an eight hundred (800) square foot ADU that is sixteen (16) feet in height with four-foot side and rear yard setbacks. An ADU in the front yard setback area is only permissible if construction of the same ADU in the rear or side yard is entirely infeasible. 5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning district in which the property is located, except where the application of the lot coverage regulations would not permit construction of an eight hundred square foot ADU that is sixteen feet in height with four-foot side and rear yard setbacks. 6. Historic Resources. An ADU that has the potential to adversely impact any historical resource listed on the California Register of Historic Resources, shall be designed and constructed in accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings” found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with all local historic register requirements, as well as all objective local requirements, ordinances, or specific plans that pertain to historic resources. C. Design and Features. 1. Design. The ADU shall have the same design, architecture, colors and materials of the primary dwelling, and shall comply with any objective design standards adopted by the city that are applicable to the zoning district or specific plan area where the ADU is located. 2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary dwelling. 3. An ADU shall have a separate exterior access. D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved by the city attorney, placing the following restrictions on the property, the property owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the ADU is not to be sold or conveyed separately from the primary dwelling except as described above in Section 17.23.050(B)(3). Proof of recordation of the covenant shall be provided to the city before the city finals the building permit. -20- E. Parking Requirements. 1. In addition to the off-street parking space(s) required for the primary dwelling, one off-street parking space shall be provided for each ADU, except when: a. The ADU is located within one-half mile walking distance of public transit; b. The ADU is located within an architecturally and historically significant historic district; c. The ADU is part of a proposed or existing primary dwelling or accessory structure; d. The ADU is located in an area where on-street parking permits are required but not offered to an ADU occupant; or e. The ADU is located within one block of a city-approved and dedicated parking space for a car share vehicle. 2. When the ADU is created by converting or demolishing a garage, carport or covered parking structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be required as long as the ADU remains in use as a legal ADU. 17.23.060 Fees and utility connections. A. ADUs and JADUs shall have adequate water and sewer services. These services may be provided from the water and sewer points of connection for the primary dwelling and not be a separate set of services. B. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and other applicable fees, including impact fees set forth in Government Code Section 66000 et seq., except as follows: 1. ADUs that are less than seven hundred fifty square feet shall not be subject to impact fees. 2. ADUs that are seven hundred fifty square feet or more shall be charged impact fees that are proportional in relation to the square footage of the primary dwelling unit. C. Prior to receiving a building permit, the owner of an ADU or JADU must submit letters of service availability for water and sewer disposal to the building official.” Section 31. Section 17.03.065 (Reasonable Accommodations) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions shown in underlined text and deletions shown in underlined text): “17.03.065 Reasonable accommodations. -21- A. Purpose and Intent. It is the purpose and intent of this section to provide flexibility in the application of the city of Temecula Municipal Code for individuals with a disability, when flexibility is necessary to eliminate barriers to housing opportunities. This section will facilitate compliance with federal and state housing laws through procedures for considering requests for reasonable accommodations in the application of the city’s zoning and land use regulations, policies, and practices pursuant to the federal Fair Housing Act (codified in Section 3604(f)(3) of Title 42 of the United States Code), and the California Fair Employment and Housing Act (codified in Section 12955 et seq. of the California Government Code), which prohibit local governments from refusing to make accommodations in policies and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in the city. B. Applicability. A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide an individual with a disability equal opportunity for housing of their choice. B.C. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: “Applicant” means a personan individual, business, or organization making a written request to the city for reasonable accommodation in the strict application of the city’s zoning and land use laws, rules, policies, practices and/or procedures. “Development code” means the city of Temecula development code as set forth in this title. “Director” or “planning director” means the director of planning. “Disabled person” or “personPerson with a disability” means an individual who has a physical or mental impairment that limits one or more of that person’s major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual’s current, illegal use of a controlled substance unless that individual has a separate disability. “Fair Housing Laws” means the “Federal Fair Housing Act” (42 U.S.C. Section 3601, et seq.), the Americans with Disabilities Act (ADA), and the “California Fair Employment and Housing Act” (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act’s implementing regulations. “Fundamental alteration” in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law. “Reasonable accommodation” in the land use and zoning context means any deviation, waiver or other modification requested and/or granted from the strict application of the city’s zoning and land use ordinances, laws, rules, regulations, policies, practices and/or procedures for the siting, development and/or use of housing or housing related facilities, when the deviation, waiver or other modification is necessary to eliminate barriers to housing opportunities for the use and enjoyment of an individual resident’s housing of their choice. -22- “Undue financial or administrative burden” in the land use and zoning context has the same meaning as defined in the Fair Housing Laws and interpretive case law. CD. Authority of the Planning Director. The planning director is hereby designated to approve, conditionally approveapprove with modifications, or deny, without public hearing, all applications for a reasonable accommodation with respect to land use and zoning ordinances, laws, rules, regulations, policies, practices and/or procedures. DE. Notice to the Public of Availability of Accommodation Process. Notice of the availability of reasonable accommodations shall be prominently displayed at public information counters in the planning, zoning and building departments, and City Clerk’s office, and on the city’s website, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in those departments, from the city’s ADA coordinator, and on the city’s website. F. Procedure for Application Review. 1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the planning department. The application form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the applicant. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval (including but not limited to, design review, conditional use permit, variance or subdivision), the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. An application for a reasonable accommodation shall include the following: a. Documentation that the applicant is: (i) a person with a disability, (ii) applying on behalf of one or more persons with a disability, or (iii) a developer or provider of housing for one or more persons with a disability; b. The name and address of the individual(s) requesting the reasonable accommodation; c. The name and address of the property owner(s); -23- d. If the applicant is someone different than the property owner, a letter of agency or authorization signed by the owner consenting to the application b eing made; e. The address and current use of the property for which accommodation is requested; e.f. A description of the reasonable accommodation requested by the applicant, and the ordinance, law, regulation, policy, practice or procedure for which accommodation is sought; f.g. An explanation of how and why the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons the individual(s) with a disability an equal opportunity to use and enjoy the residence; gh. Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5. The planning director may request additional information from the applicant consistent with the Fair Housing Laws if the application does not provide sufficient information for the city to make necessary for the city to make a determination on the request for reasonable accommodation in accordance with the findings required in subsection EG. The planning director shall specify in detail the additional information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision as provided in Subsection (H)(2) is stayed until the applicant responds to the request. 6. Except as otherwise required by law, any information identified by an applicant as confidential shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. 7. A request for reasonable accommodation may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation. E.G. Basis for Approval or Denial of a Decision on Request for Reasonable Accommodation; Findings. 1. General. The written decision to approve, approve with modifications, or deny a request for reasonable accommodation shall be consistent with Fair Housing Laws and this Subsection. 2. Findings. The written decision shall be based on the following findings, all of which are required for approval or approval with modifications: a. The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws; -24- b. The requested accommodation is necessary to provide one or more individuals persons with a disability an equal opportunity to use and enjoy a dwelling, and the housing which is the subject of the request for accommodation will be used by such person(s) with disabilities protected by the Fair Housing Laws; c. The requested accommodation will would not impose an undue financial or administrative burden on the city; d. The requested accommodation will would not result in a fundamental alteration in the nature of the city’s land use and zoning program; e. The requested accommodation will would not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 23. Conditions of approval. In granting a request for reasonable accommodation, the planning director may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation will comply with the findings required by this section. Conditions may also be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable accommodation be removed once those structures or physical design features are unnecessary to afford the individual with a disability for whom the reasonable accommodation was granted the use and enjoyment of the dwelling. 34. None of the findings of this section are intended to supersede any other findings which might also be required for a discretionary permit that is reviewed concurrently with the request for accommodation. 2.5. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons with disabilities an equal opportunity to use and enjoy a dwelling, pursuant to subsection (E)(1)(b)(G)(2)(b), the city may consider, but is not limited to, the following factors: a. Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals persons with a disability; b. Whether the individual or individuals person(s) with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation; 3.6. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the city’s land use and zoning program, pursuant to subsection (E)(1)(d)(G)(2)(d), the city may consider, but is not limited to, the following factors: a. Whether the requested accommodation would fundamentally alter the character of the neighborhood or the community in which the requested accommodation would be located; -25- b. Whether the accommodation would result in a substantial increase in traffic or insufficient parking when compared to the projected traffic or parking of other uses allowed by right or conditionally allowed in the subject zone district; c. Whether granting the requested accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan or zoning districts; 47. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F.H. Review Authority; Notice of Decision. 1. Authority. The planning director shall have the authority to consider and act on requests for reasonable accommodation and shall make reasonable accommodations in rules, policies, practices, procedures or services when those accommodations may be necessary to afford one or more persons with disabilities equal opportunities to use and enjoy their dwelling consistent with the Fair Housing Laws. 2. Decision. a. For requests for reasonable accommodation, the The planning director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation within a timely manner but no later than thirty (30) days of the date of receipt of a complete application, and may (i) approve the accommodation request, (ii) approve the accommodation request subject to nondiscriminatory conditions of approval or other modifications, or (iii) deny the request. The planning director may, in his or her discretion, elect to refer applications that may have a material effect on surrounding properties (including but not limited to, a use not allowed under the subject zoning district or general plan, location of improvements in the front yard or setback, location of accommodation in close proximity to a use that restricts residential occupancy, accommodation that would violate a specific condition of approval, improvements are permanent) directly to the planning commission for a decision. forward the matter to the planning commission for consideration of the application. A complete application shall consist of the application form with all applicable information and documentation included in or attached to the form. The city and applicant may mutually agree to extend the time for the planning director’s decision on the application. The decision on the application shall be sent to the applicant by first class mail to the applicant, and the applicant may also request notification by an accessible format b. For requests for reasonable accommodations involving any applications for discretionary approval, the application for reasonable accommodation shall be processed and considered separately from any discretionary elements of the same proposal. The planning director shall act on the request for reasonable accommodation within a timely manner but no later than thirty (30) days of the date of a complete application form; however, if the request for a reasonable accommodation cannot be effectuated until a final decision is rendered on the related discretionary approvals, a “provisional approval” can be granted within the 30-day time frame allowing the -26- reasonable accommodation request to be implemented, or modified as needed to obtain the same goal, at the time of the final discretionary approval, and shall become final at the same time. The applications for discretionary approval shall be separately considered and shall be subject to the procedures for consideration specified in the applicable development code section or chapter, depending on the type of application. The appropriate decision-making body shall act on all discretionary permits, but not the reasonable accommodation request. 23. Appeals of the director’s action shall be made in accordance with Section 17.03.090, as supplemented by the following: a. The decision by the planning director on a request for reasonable accommodation not involving one or more applications for a discretionary permit shall become final fifteen (15) calendar days after the date of the planning director’s decision, unless a timely appeal is filed in accordance with Section 17.03.090(E). b. The planning commission or the city council, as applicable, shall hear the matter and render a determination on the appeal as soon as reasonably practicable, but in no event later than either (i) ninety (90) calendar days after an appeal has been filed or (ii) fifteen (15) calendar days after the close of the appeal hearing, whichever occurs first. The city and applicant may also mutually agree to extend the time for the planning commission’s or city council’s decision on the appeal to a later date. All decisions on an appeal shall address and be based upon the same findings required to be made in the original decision from which the appeal is taken. c. An appeal from the planning director’s decision on a request for reasonable accommodation shall be made on a form provided by the planning department. The appeal form shall include a checklist of materials, reports, developments, plans, and written information to be provided by the appellant. No fee shall be required from an applicant for the appeal of a request for reasonable accommodation, but if the appeal is for any other discretionary permit(s), then the prescribed fee shall be paid by the appellant for such other discretionary permit(s). If an individual needs assistance in the appeal of a decision on the request for reasonable accommodation, the city will provide assistance to ensure that the process is accessible. d. The decision on the appeal shall be sent by first class mail to the applicant and appellant (if different), and the applicant may also request notification an accessible format. The city council’s action on any appeal shall be final. e. Nothing in this procedure shall preclude an aggrieved individual from seeking other state or federal remedy available. G.I. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty-four months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a. A building permit has been issued and construction has commenced; b. A certificate of occupancy has been issued; -27- c. The use is established; or d. A time extension has been granted. 2. Time Extension. a. The planning director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one-year extensions of time. Each extension of time shall be granted in one-year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b. Notice. Notice of the planning director’s decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. c. Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the city council within fourteen calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the disabled persons person with a disability for whom the reasonable accommodation was originally granted vacates the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the planning director determines that: (a) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code; or (b) the accommodation is necessary to give another disabled individual person with a disability an equal opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or her successor-in-interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty days of the date of a request by the city shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. H.J. Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The planning director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.” Section 32. Section 17.03.090(B) (Appeals) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: -28- “B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the director of planning on the approval of sign permits; 3. Except as otherwise provided in section 17.03.065(H)(2), any Any other action by the director of planning for which an appeal is authorized by the Code.” Section 33. “Residential Uses” of Table 17.24.040 of Section 17.24.040 (Parking requirements) of Chapter 17.24 (Off-street parking and loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new row to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.24.040 remaining unchanged: Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Single-family residence 2 enclosed spaces Duplex, triplexes 2 covered spaces/unit, plus 1 guest space/4 units Multiple-family residential - 3 or fewer bedrooms (12 or less units) 2-5 units; 2 1 ½ covered spaces/unit, plus 2 guest spaces 6-12 units; 2 1 ½ covered spaces/unit, plus 3 guest spaces Multiple-family residential - 13 or more units 1 covered parking space plus 1.5 uncovered parking space for 1 bedroom units. In addition, 1 guest space for every 6 units. 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 guest space for every 6 units. 2 covered parking space 0.5 uncovered parking space for three bedroom (or more) units. In addition, 1 guest space for every 6 units. A minimum of 4 guest spaces is required for all multifamily residential with 13 or more units. -29- Accessory dwelling unit 1 parking space per newly constructed detached ADU except as otherwise provided in Chapter 17.23. The parking space may be provided as tandem parking on the driveway. Mobilehome park 1 covered space/trailer site, plus 1 guest space/2 trailer sites Senior citizens housing complex 0.5 covered space/unit plus 1 uncovered space per 5 units for guest parking Congregate care housing 0.5 uncovered space/unit plus 1 uncovered space per 5 units for guest parking Section 34. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: A. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council has reviewed and considered the Final Environmental Impact Report (“FEIR”) for the General Plan certified by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared and adopted in connection with the City Council’s adoption of the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing Element which the City Council committed to when it adopted the Housing Element. As such, this is an implementing action of an already approved project (adoption of the Housing Element), and no further environmental review is required. B. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Addendum, and no additional environmental review is required. The adoption of this Ordinance does not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new information of substantial importance has surfaced since the certification of the General Plan EIR or the adoption of Addendum 2021-01. Section 35. Severability. 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. -30- Section 36. Certification. 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 37. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2023. Zak Schwank, Mayor ATTEST: _________________________________ Randi Johl, City Clerk [SEAL] -31- 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. 2023- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of November, 2023, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916)263-2911 / FAX (916) 263-7453 www.hcd.ca.gov Luke Watson, Deputy City Manager Community Development Department City of Temecula 41000 Main Street Temecula, CA 92590 Dear Luke Watson: RE: City of Temecula 6th Cycle (2021-2029) Draft Housing Element Thank you for submitting the City of Temecula (City) draft housing element received for review on October 5, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on November 19, 2021 with Senior Management Analyst, Mr. Brandon Rabidou and Planning consultant Amanda Tropiano. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law. As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). December 3, 2021 Luke Watson, Deputy City Manager Page 2 Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at: http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and http://opr.ca.gov/docs/Final_6.26.15.pdf. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources. HCD appreciates the diligent work Amanda Tropiano and Brandon Rabidou during our review. We are committed to assisting the City of Temecula in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Tristan Lanza, of our staff, at tristan.lanza@hcd.ca.gov. Sincerely, Paul McDougall Enclosure Senior Program Manager Review of the City of Temecula 6th Cycle Draft Housing Element Page 1 December 3, 2021 APPENDIX CITY OF TEMECULA The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources. A. Review and Revision Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).) As part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). B. Housing Needs, Resources, and Constraints 1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) The element includes the Assessment of Fair Housing (AFH) that was prepared in 2017 and is only pertinent until 2022. The analysis must be for the entire planning period and additional information is necessary to address the requisite affirmatively furthering fair housing (AFFH) analysis requirement, including local contributing factors to the fair housing issues and develop strong programs and strategies to address the identified fair housing issues as follows: Enforcement and Outreach: The element describes past outreach efforts and fair housing services from the City’s Analysis of Impediments (AI) completed in 2017. While the element lists the partnership with the Fair Housing Council of Riverside County, it must also include recent information on fair housing enforcement as well as local knowledge. Enforcement should include data and evaluation (e.g., characteristics of complaints) of any past or current fair housing lawsuits, findings, settlements, judgements, and complaints as well as confirm that the City complies with fair housing law. The analysis could also evaluate data and the results from any fair housing Review of the City of Temecula 6th Cycle Draft Housing Element Page 2 December 3, 2021 testing. In addition, the analysis should also include ongoing outreach throughout the planning period. Integration and Segregation: While the element utilized data from the City’s 2017 AI, the element must be updated to include recent data. The regional analysis of race should include an analysis of concentrations of race in comparison to the surrounding area, not just as a percentage of the overall population. In addition, the element must analyze whether families or non-family households are concentrated in certain areas or spread throughout the City and also include a regional level analysis (comparing the City to the region). The element must provide a local and regional analysis for race, disability, familial status, and income. Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): The element includes information relative to R/ECAP but the analysis must also provide a regional comparison. In addition, the City should also address concentrated areas of affluence. The combination of the R/ECAP and areas of affluence analyses will help guide goals and actions to address fair housing issues. The analysis should evaluate the patterns and changes over time at a local and regional level. Furthermore, the element does list one area of high poverty and segregation therefore the City should analyze this concentration and consider relevant factors such as past policies, practices, and investments as well as whether or not there is a concentration of subsidized housing units in that area. Access to Opportunity: While the element contains some general information on access to opportunity from its 2017 AI, it must be updated with more recent data and must include a local and regional analysis in relation to education, economy, transportation and environmental factors. The analysis should include maps and descriptions as appropriate. The element must also include a regional analysis regarding overall access comparing the City to the surrounding region. Disproportionate Housing Needs: While the element analyzes displacement, it must also include an analysis of all factors related to disproportionate housing needs to include the following: • Cost Burden: The element has some information on cost burden; however the element must be revised to expand on the local analysis by including overall cost burden and include a regional analysis. • Risk of Displacement: While the element stated that there was no displacement risk due to investment, it is unclear what data was utilized to reach this conclusion. The element should include an analysis to support the conclusion. In addition, the element must analyze the risk of displacement due to disaster (i.e. fire, flood earthquake). • Overcrowding, substandard housing and homelessness: The element must be revised to include a local and regional analysis of overcrowding, substandard housing and homelessness including looking at trends, patterns, and other local knowledge, and conclude with a summary of issues. Review of the City of Temecula 6th Cycle Draft Housing Element Page 3 December 3, 2021 Sites Inventory: The element must include an analysis demonstrating whether sites identified to meet the RHNA are distributed throughout the community in a manner that AFFH. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). While the element states that sites identified for lower income are disbursed throughout the City, that information should be supported with maps and analysis. Also, the element must describe where the moderate and above moderate sites are located throughout the City. The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g. anti-displacement strategies). Contributing Factors: While the element contains information on contributing factors, it must also identify, evaluate, and prioritize the contributing factors to fair housing. Furthermore, the analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing. Goals, Priorities, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place- based strategies for community preservation and revitalization and displacement protection. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance. 2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The City has a regional housing need allocation (RHNA) of 4,193 housing units, of which 2,160 are for lower-income households. To address this need, the element relies on vacant sites, including sites in Specific Plan Areas and within the Affordable Housing Overlay area. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses: Progress in Meeting the RHNA: The element indicates (p. HBR 52, Table 32) that 159 units are either approved or are in the process of being approved of which 132 are affordable to lower-income households. The element must include additional information on the status of these units including any remaining entitlement that are needed prior to approval, and for projects approved, but not yet built, the jurisdiction must demonstrate the units are expected to be built in the planning period. The Review of the City of Temecula 6th Cycle Draft Housing Element Page 4 December 3, 2021 element must also include an analysis to demonstrate the affordability of these units based on actual or projected sales prices, rent levels, or other mechanisms establishing affordability in the planning period. Sites Inventory: The element must clarify whether all sites in Appendix A are vacant and if the unit count includes realistic capacity assumptions. In addition, the unit count listed in the sites inventory should be the number of units without a decimal, currently there are sites listed that do not equal one unit per site. The sites inventory should include the allowed densities for all sites listed in the inventory. The element must also include a general map of identified sites. Realistic Capacity: While the element mentions an assumption of 85 percent of maximum allowable densities to calculate residential capacity on identified sites (p. HBR 125), it must also provide support for these assumptions. The capacity methodology must estimate of the number of units for each site based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element must also provide support for the assumptions within the three specific plans (Old Town, Harveston and Uptown) including accounting for the likelihood of development of 100 percent nonresidential uses. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculation, policies and program accordingly. The element should include analysis based on factors such as development trends, performance standards or other relevant factors. Zoning Appropriate for Lower-Income: The element should clarify if the Affordable Housing Overlay which allows up to 30 units per acre applies to these sites. If not, the element must include an analysis evaluating the appropriateness of zoning to accommodate housing affordable to lower-income households. The analysis should be based on factors such as market demand, development experience within zones, and specifically address the impacts of density on financial feasibility. For communities with densities that meet specific standards (at least 30 units per acre for Temecula), this analysis is not required. Large Sites: Sites larger than ten acres in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) For example, a site with a proposed and approved housing development that contains units affordable to lower-income households would be an appropriate site to accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd. (c)(2)(C).) In addition, p. HBR 128 states that two of the large sites are City-owned. The element must identify which sites are owned by the City and include the potential schedule for development. The element must also include a description of whether Review of the City of Temecula 6th Cycle Draft Housing Element Page 5 December 3, 2021 there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5. Availability of Infrastructure: While the element describes water and sewer infrastructure capacity (pg. HBR 106), it must also demonstrate sufficient existing or planned dry utilities, including the availability and access to distribution facilities to accommodate the City’s RHNA. The element must also clarify that there is sufficient current or planned water and sewer capacity to meet the RHNA in all specific plans. Environmental Constraints: While the element generally describes environmental conditions within the City (pg. HBR 111), it must relate those conditions to identified sites within the inventory and describe any other known environmental or other constraints that could impact housing development on identified sites in the planning period. Accessory Dwelling Units: The element assumes an ADU build out of 18 ADU and/or junior accessory dwelling unit (JADU) per year based upon the City’s 2020 production. Given that the City has only produced an average of 6 units per year since 2018, it is not clear if this production level will be achievable in the planning period. As a result, the element should be updated to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs. Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. In addition to monitoring production, this program should also monitor affordability. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate. Zoning for a Variety of Housing Types: • Emergency Shelters: While the element states emergency shelters are allowed by right in the Medium and High-Density Residential districts, the element must describe the development standards and requirements. In addition, the element must also demonstrate the zones have sufficient capacity to accommodate the identified housing need and analyze the access to services for zones that allow emergency shelters without conditions. In addition, the element must ensure the parking requirements meet AB 139. • Transitional Housing and Supportive Housing: The element describes the definition of transitional and supportive housing (p. HBR 95) but does not state whether the City complies. Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must describe and analyze Review of the City of Temecula 6th Cycle Draft Housing Element Page 6 December 3, 2021 the City’s transitional and supportive housing standards and codes and demonstrate consistency with Government Code section 65583, subdivision (a)(5) or add or revise programs which comply with the statutory requirements. • Manufactured Housing: The element identifies manufactured homes as suitable housing in all of its residential zoning districts. However, the housing element must demonstrate the jurisdiction's zoning code allows and permits manufactured housing in the same manner and in the same zone as a conventional or stick-built structures are permitted pursuant to Government Code Section 65852.3. • Agricultural Housing: The element must demonstrate zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. • Single Room Occupancy (SRO): The element must clarify zoning that allows SRO units or add a program as appropriate. • ADUs: The element must also clarify that ADUs are allowed in all zones that allow residential uses. 3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) Land-Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls including whether development standards impede the ability to achieve maximum allowable densities. Page HBR 75 lists target densities that are lower than the maximum density and states “The target density establishes a ceiling within the range which cannot be exceeded without Planning Commission/City Council approval.” The element must clarify whether densities assumed in the sites inventory can be met without City Council approval and analyze whether this is a constraint and add a program as appropriate. In addition, Table 48 (HBR 80) lists zones that do not include minimum/maximum densities or Floor Area Ratios for the zones listed. The element Review of the City of Temecula 6th Cycle Draft Housing Element Page 7 December 3, 2021 must clarify whether residential development is allowed in these zones. In mixed-use overlay, the element must also clarify if residential development is allowed without a commercial component. Parking: The element must analyze the parking requirements (p. HBR 81) of two spaces for all residential dwelling units for properties with 12 or fewer units for its impact as a potential constraint on housing. Should the analysis determine the parking standards are a constraint on residential development, it must include a program to address or remove any identified constraints. Fees and Exactions: The element must describe all required fees for single family and multifamily housing development, including environmental and impact fees, and analyze their impact as potential constraints on housing supply and affordability. In addition, the element must clarify if all fees listed in Table 54 (HBR 99) are the same for single family and multifamily developments. For example, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing. Density Bonus: The City’s current density bonus ordinance should be reviewed for compliance with current state density bonus law. (Gov. Code, § 65915.) and programs should be added as appropriate. Local Ordinances: The element must specifically analyze locally adopted ordinances such as inclusionary ordinances or short-term rental ordinances that directly impact the cost and supply or residential development. The analysis should demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters. Processing and Permit Procedures: While the element (p. HBR 104) includes some information about processing times, it should also describe the procedures for a typical single family and multifamily development. The analysis should address the approval body, the number of public hearing if any, approval findings and the element should describe how the standards of decision-making impact development certainty. Furthermore, the analysis should address impacts on housing cost, supply, timing and approval certainty. For example, the element (Table 57) should identify timeframes for conditional use permits, zoning changes, general plan amendments, site plan review, architectural/design review, parcel and tract maps, environmental impact reports and analyze approval findings for impacts on approval certainty, the presence of processes or guidelines to promote certainty and add or modify programs as appropriate. In addition, the element must analyze the difference in length of time to approve a single- family unit (four to six weeks) versus a multifamily unit (a minimum of a year) as a constraint on development. The element must also describe whether multifamily projects are required to have a discretionary hearing by City Council due to the size of the project (greater than 10,000 square feet) (p. HBR 104). Lastly, the element must address whether projects that are 100 percent affordable will be approved in the affordable housing overlay or whether they must be mixed-income projects (HBR 120). Review of the City of Temecula 6th Cycle Draft Housing Element Page 8 December 3, 2021 Specific Plan: The element must describe any process requirements to develop in the specific plan as well as the process to subdivide lots into developable parcels. Codes and Enforcement: The element must describe if there are any local amendments to the building code and their enforcement for impacts on housing supply and affordability. Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1, subdivision (a)(1). Constraints on Housing for Persons with Disabilities: • Group Homes: The element must analyze and revise requirements for both group homes for six or fewer residents as well as group homes for seven or more residents. Group homes for six or fewer residents must be allowed by-right in all residential zones. While the element conditionally permits the use for residential care facilities serving seven or more persons in residential and commercial zones, the element must include the City’s process for objectively approving the conditional use permit and the description of the compatibility findings. The element must include the decisions making criteria as an objective procedure. The element also states it requires the State Fire Marshal’s approval for group homes of seven or more residents. The element must be revised to analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty. • Reasonable Accommodation Procedure: While the element (p. HBR103) indicates the City does have a reasonable accommodation procedure, it must list the specific findings and requirements for requesting and granting a reasonable accommodation separate from the conditional use permit procedures. The procedure should not be limited to the installation of accessibility improvements and must provide reasonable accommodations to zoning and land-use requirements for housing for persons with disabilities. 4. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § Review of the City of Temecula 6th Cycle Draft Housing Element Page 9 December 3, 2021 65583, subd. (a)(6).) The element must contain an analysis of potential nongovernmental constraints including the following: • Land Costs: Estimate the average cost per acre for single-family and multifamily zoned developable parcels. • Availability of Financing: The element must include an analysis of whether housing financing, including private financing and government assistance programs, is generally available in the community. Developed Densities and Permit Times: The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need. 5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).) Farmworker Housing: The element indicates that there are only 228 farmworkers employed farming occupations in the City. However, farmworkers from the broader area and those employed seasonally may have housing needs, including within the City’s boundaries. As a result, the element should at least acknowledge the housing needs of permanent and seasonal farmworkers at a county-level (e.g., using USDA county-level farmworker data) and include programs as appropriate. 6. Analyze existing assisted housing developments that are eligible to change to nonlow- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).) While the element identifies 180 units for being at risk, the element lists four properties that are at-risk of expiring within the next 10 years for a total of 256 units. In addition, the element should describe any outreach to owners and interest in preserving the units identified. The element must identify local public agencies, public or private nonprofit corporations, and for-profit organizations with the legal and managerial capacity to acquire and manage at-risk projects pursuant to Government Code Section 65583, subdivision (a)(8)(C)). In addition, the element must list potential federal, state, and local funding sources that can be used to preserve the units. While the element analyzes the cost of replacement for units designated high risk, the element must analyze replacement costs for all units with expiring restrictions in the next ten years. Furthermore, the analysis should contain the following: Review of the City of Temecula 6th Cycle Draft Housing Element Page 10 December 3, 2021 • Estimate the costs of producing new rental housing (comparable in size and rent levels to existing at-risk units) to replace units converting from affordable to market rate. The analysis should consider current land costs and either current construction costs (square footage rates for multifamily development) or the actual cost of recently completed units. • Estimate the cost of preserving the identified assisted housing developments including acquisition and rehabilitation costs long-term affordability controls and project-based rent subsidies. A project-by-project replacement/preservation cost estimate is not required (Government Code Section 65583(a)(8)(B)). The element can make an assessment of the appropriate strategy (replace vs. preserve) based on sample cost estimates. C. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To address the program requirements of Gov. Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) all programs must be revised with discrete timelines (i.e. month and year); (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following: • Program 6 (Density Bonus Ordinance): The program must be revised to include outreach to developers as well as how often the law will be monitored for updates and potential revisions. • Program 7 (Land Assemblage and Affordable Housing Development): The program should be revised to include specific incentives to developers and include a how often outreach will occur within the planning period. • Program 10 (Mortgage Credit Certificate Program): The program must update when the certification program will be implemented. • Program 12 (Development Fees): The program should be updated to include outreach to developers and to revise the timeframe to include how often the program will be implemented within the planning period. • Program 13 (Expedite Processing of Affordable Housing Projects): The element must clarify when the objective criteria will be developed and adopted as well as include proactive outreach to developers. Review of the City of Temecula 6th Cycle Draft Housing Element Page 11 December 3, 2021 • Program 19 (Residential Improvement Program): The program must be revised to include how often the City will apply for funds throughout the planning period. 2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows: Previously Identified Nonvacant and Vacant Sites: While the element includes a policy regarding sites identified for lower income that were listed in previous elements, this must be revised as a program with a specific timeframe for implementation. If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless: • The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density. See (Gov.Code section 65583.2, subdivision (c)(3)), and • The site is subject to a housing element program that requires rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households (Gov. Code, § 65583.2, subd. (c).). Program 1 (Land Use Policy and Development Capacity): This program mentions utilizing credits for constructed units towards the RHNA. If the units were constructed before June 30, 2021 they cannot count toward the 6th cycle RHNA. In addition, the program must include how often the inventory will be monitored and updated. Program 3 (Public Property Conversion to Housing Program): This program should include a schedule of actions to facilitate development on City owned sites during the planning period. For example, the program could include zoning, outreach with developers, incentives, fee waivers, priority processing, or financial assistance. Review of the City of Temecula 6th Cycle Draft Housing Element Page 12 December 3, 2021 Program 14 (Emergency Shelters and Transitional/Supportive Housing): As noted in Finding B.3, the element describes transitional housing as allowed in the same manner as emergency shelters, i.e., with a conditional use permit. However, transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must demonstrate consistency with Section 65583(a)(5) or add or revise programs which comply with the statutory requirements. In addition, this program must be implemented early in the planning period. Housing for Agricultural Employees: As mentioned in finding B3, if the zoning code is not consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6, the element must include a program to revise the zoning code. 3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).) Program 8 (Housing for Extremely Low-Income Households): While Program 8 identifies SRO units and efficiency housing units to assist in meeting the needs of extremely low-income (ELI) households, it does not address the identified needs of larger ELI households. The element must also confirm whether the identified program incentives are currently in place or if they need to be adopted within the planning period. 4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding(s) B.4 and B.5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the following must be addressed: Program 9 (Special Needs Housing Construction): The program should be revised to specifically list which special needs groups are included and what incentives will be offered to developers. Program 16 (Zoning Code Amendments – Housing Constraints): This program must be revised to include permanent supportive housing by-right (AB 2162) as well as the residential care findings mentioned above in B.4. Review of the City of Temecula 6th Cycle Draft Housing Element Page 13 December 3, 2021 Program to Mitigate Nongovernmental Constraints: The element must be revised to include a program that mitigates nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category (Gov. Code, § 65583.2, subd. (c)(3).). 5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) While the element includes Program 22 (Equal Housing Opportunity), the program should be revised to commit to annual outreach, enforcement, and education. In addition, programs throughout the element should be revised to integrate the fair housing analysis. Actions must have specific commitment, metrics and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. 6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).) Program 17 (Preserve At-Risk Housing Units): The program must be revised to include specific and proactive actions to preserve the at-risk units in addition to monitoring. In addition, the element should revise (c) tenant education, to include current State Preservation Notice Law (Gov. Code 65863.10, 65863.11, 65863.13) which requires owners to provide tenants and affected public entities (including the City) notices regarding expiring rental restrictions starting three years before expiration. 7. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).) While the element includes Program 5 (ADUs), the City should provide specific incentives to promote the development. In addition, the timeframe should be revised to Review of the City of Temecula 6th Cycle Draft Housing Element Page 14 December 3, 2021 include how often the City will monitor ADU production, as well as review and update the ordinance to comply with state law. D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).) While appendix C tabulates general comments and goals from public comments, the element must also include the missing summary of public participation (p. HBR 6). In addition, the element must include information on whether the housing survey was available in multiple languages and how public comments were incorporated. STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov December 15, 2022 Aaron Adams, City Manager City of Temecula 41000 Main Street Temecula, CA 92590 Dear Aaron Adams: RE: City of Temecula’s 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Temecula’s (City) housing element adopted February 8, 2022 and received for review on October 17, 2022 along with revisions received on December 13, 2023. The revisions to the adopted housing element were authorized by Resolution No. 2022-12. The review was also facilitated by correspondence received on December 13, 2022. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review. HCD is pleased to find the adopted housing element in full compliance with State Housing Element Law (Article 10.6 of the Gov. Code). The adopted element along with revisions addresses the statutory requirements described in HCD’s April 11, 2022 review. HCD reminds the City that a copy of the updated adopted housing element including these revisions should posted wherever the housing element is available to the public. HCD requests notification upon posting. Additionally, the City must continue timely and effective implementation of all programs including but not limited to the following: • Program 1 Land Use Policy and Development Capacity: This program amend the approval process to increase approval certainty for projects seeking to achieve the maximum development capacity by 2025. • Program 6 Large Sites: This program commits the City to offer incentives for the development of affordable housing on large sites, which may include, but is not limited to: o Streamlining and expediting the approval process for land division for projects that include affordable housing units, o Deferral of fees related to the subdivision for projects affordable to lower- income households, and o Providing technical assistance to acquire funding by 2023. Aaron Adams, City Manager Page 2 • Program 17 Development Code Amendments – Housing Constraints: The City commits to update the development code to comply with state law including but not limited to employee housing, group homes, reasonable accommodation, and parking by June 2023. • Program 18 Provide Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified: As confirmed via email correspondence on December 13, 2022, the City will continue to allow developments by-right on previously identified sites when 20 percent or more of the units are affordable to lower income households. • Program 25 Equal Housing Opportunity: This program will commit the City to actions identified across fair housing issues including increasing supply of affordable housing units, incentives to curb displacement and mitigating governmental constraints that limit access to housing across various housing element programs within the planning period. The City must monitor and report on the results of this and other programs through the annual progress report, required pursuant to Government Code section 65400. Please be aware, Government Code section 65585(i) grants HCD authority to review any action or failure to act by a local government that it determines is inconsistent with an adopted housing element or housing element law. This includes failure to implement program actions included in the housing element. HCD may revoke housing element compliance if the local government’s actions do not comply with state law. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources. HCD appreciates the time and effort the housing element update and review team has provided throughout the course of the housing element review. HCD wishes the City of Temecula success in implementing its housing element and looks forward to following its progress through the General Plan annual progress reports pursuant to Government Code section 65400. If HCD can provide assistance in implementing the housing element, please contact Tristan Lanza, of our staff, at tristan.lanza@hcd.ca.gov. Sincerely, Melinda Coy Proactive Housing Accountability Chief Notice of Public Hearing THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 – TemeculaCA.gov A PUBLIC HEARING has been scheduled before the PLANNING COMMISSION to consider the matter(s) described below: Case No.: LR22-0664 Applicant: City of Temecula Project Location: Citywide Proposal: A resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE PROGRAMS IN THE CITY’S HOUSING ELEMENT BY (1) ADDING DEFINITIONS FOR AGRICULTURAL EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY DAY CARE HOME, LARGE FAMILY DAY CARE HOME, LOW BARRIER NAVIGATION CENTER AND SMALL FAMILY DAY CARE HOME, (2) PROVIDING THAT EMPLOYEE HOUSING AND AGRICULTURAL EMPLOYEE HOUSING ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3) PROVIDING THAT RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE FACILITIES (SEVEN OR MORE) ARE PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES, (5) PROVIDING THAT COMMUNITY CARE FACILITIES ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6) ADDING SUPPORTIVE HOUSING STANDARDS, (7) PROVIDING THAT SUPPORTIVE HOUSING, TRANSITIONAL HOUSING AND LOW BARRIER NAVIGATION CENTERS ARE PERMITTED USES IN THE NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6, PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING THAT TRANSITIONAL HOUSING AND SUPPORTIVE HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY SHELTER PARKING STANDARDS, (10) PROVIDING THAT ACCESSORY DWELLING UNITS (ADUS) ARE PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU REGULATIONS, (12) REVISING REASONABLE ACCOMMODATION REGULATIONS, (13) REVISING PARKING STANDARDS FOR MULTI-FAMILY RESIDENTIAL USES WITH 12 UNITS OR LESS, (14) MAKING OTHER REVISIONS TO CONFORM WITH CHANGES IN STATE LAW, AND (15) MAKING A FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER CEQA GUIDELINES SECTION 15162.” Environmental Action: The City’s adopted FEIR (SCH No. 2003061041) for the General Plan had an addendum (2021-01) performed for the adoption of the 2021-2029 Housing Element. To the extent that any further environmental review is required, the City Council finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a subsequent EIR or an additional Adde ndum, and no additional environmental review is required. Case Planner: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: October 18, 2023 TIME OF HEARING: 6:00 PM The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.