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HomeMy WebLinkAbout11152023 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 11]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 15, 2023 - 6:00 PM CALL TO ORDER: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Bob Hagel 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 Recommendation: Approve the action minutes of November 1, 2023. Attachments: Minutes Page 1 Planning Commission Agenda November 15, 2023 2. Director's Hearing Summary Report Recommendation Receive and File Director's Hearing Summary Report. Attachments: Memorandum 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. 3. Planning Application Number PA23-0323, a Public Convenience or Necessity APplication for a proposed Type 21 (Off -Sale General)and Type 86 (Instructional Tasting) alcohol license for Smart & Final located at 32937 Temecula Parkway, Assistant Planner, Jaime Cardenas Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0323, A PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR A PROPOSED TYPE 21 (OFF -SALE GENERAL) AND TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE FOR SMART & FINAL LOCATED AT 32937 TEMECULA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-281-021) Page 2 Planning Commission Agenda November 15, 2023 Attachments: Agenda Report Aerial Map PC Resolution Exhibit A — Draft Conditions of Approval Exhibit B - Statement of Operations and Justification Exhibit C - Plans Notice of Public Hearing Notice of Exemption 4. Long Range Planning Project Number LR22-0158, Amending Title 16, and 17 of the Temecula Municipal Code Pertaining to Urban Lot Splits and SB 9 Two Unit Developments, Assistant Director of Communi . Development, Matt Peters Recommendation: Adopt a resolution entitled: 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 TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3)" Attachments: Agenda Report PC~ RPcnlntinn Exhibit A - Draft City Council Ordinance Notice of Public Hearing Senate Bill 9 Interim Urgency Ordinance No. 2022-03 CC S139 Alleviation Report Interim Urgency Ordinance No. 2022-03 Extension No. 1 COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT Page 3 Planning Commission Agenda November 15, 2023 ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, December 6, 2023, at 6:00 PM, City Council Chambers, 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 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA NOVEMBER 1, 2023 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Lanae Turley-Trejo FLAG SALUTE: Commissioner Fernando Solis ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENT - None CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Watts, Second by Ruiz. The vote reflected unanimous approval. 1. Minutes Recommendation: Approve the Action Minutes of October 18, 2023 PUBLIC HEARING 2. Planning Application Number PA23-0236, a Modification Application to a Conditional Use Permit to revise Conditions of Approval related to operating hours for a new restaurant (Kalaveras). The proposed revisions will allow the restaurant to remain open until 12:00 AM on Fridays and Saturdays. Additionally, Saturday and Sundaopening hours will begin at 10:00 AM. The restaurant must open at 11:00 AM on Saturdays and Sundays and close at 11:00 PM on Fridays and Saturdays under the current Conditional Use Permit, Associate Planner II - Eric Jones Recommendation: Adopt a resolution entitled: PC RESOLUTION NO.2023-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0236, A MODIFICATION APPLICATION TO A CONDITIONAL USE PERMIT TO REVISE CONDITIONS OF APPROVAL RELATED TO OPERATING HOURS FOR A NEW RESTAURANT (KALAVERAS). THE PROPOSED REVISIONS WILL ALLOW THE RESTAURANT TO REMAIN OPEN UNTIL 12:00 AM ON FRIDAYS AND SATURDAYS. ADDITIONALLY, SATURDAY AND SUNDAY OPENING HOURS WILL BEGIN AT 10:00 AM. THE RESTAURANT MUST OPEN AT 11:00 AM ON SATURDAYS AND SUNDAYS AND CLOSE AT 11:00 PM ON FRIDAYS AND SATURDAYS UNDER THE CURRENT CONDITIONAL USE PERMIT. AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 922-033-021) Approved the Staff Recommendation (5-0): Motion by Solis, Second by Hagel. The vote reflected unanimous approval. 3. Long Range Planning Project Number LR23-0180, Amending Titles 5 and 17 of the Temecula Municipal Code as detailed in Ordinance "2023- " attached here as Exhibit A, Assistant Planner - Mark Collins Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2023-20 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 TITLES 5 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING MINOR REVISIONS TO MASSAGE ESTABLISHMENT, ACCESSORY DWELLING UNIT, HOME OCCUPATION PERMIT, AND TEMPORARY USE PERMIT REGULATIONS, ESTABLISH BATTERY STORAGE AND SHIPPING CONTAINER STANDARDS, CLARIFY THE PERMITTED USES ALLOWED IN THE OPEN SPACE -CONSERVATION DISTRICT, MODIFY THE DEFINITION OF SPECIALTY MARKET AND RESTAURANT, ADD DEFINITION FOR HEALTH AND EXERCISE CLUBS, MAKE OTHER CLERICAL REVISIONS AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (13)(3)." Approved the Staff Recommendation, with the amendment to Section 9, Table 17.08.030 adding Pilates description of uses that are either permitted or conditionally permitted (5-0): Motion by Hagel, Second by Ruiz. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:58 PM, the Planning Commission meeting was formally adjourned to Wednesday, November 15, 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: November 15, 2023 SUBJECT: Director's Hearing Summary Report Community Development Director's Agenda item(s) for October 2023. Date Case No. Proposal Applicant Action October 5, PA23-0271 A resolution of the Director of Community Chad 2023 Development of the City of Temecula approving Williams APPROVED Planning Application No. PA23-0271, a Conditional DH RESOLUTION Use Permit application for an arcade, laser tag, mini NO.2023-06 golf course and restaurant facility located at 26469 ynez road, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 910-300-014) Attachments: Action Agendas ACTION AGENDA ACTION AGENDA TEMECULA COMMUNITY DEVELOPMENT DIRECTOR'S HEARING MEETING OCTOBER 5, 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 Item No. 1 1:30 PM Project Number: Project Type: Project Title: Applicant: Project Description Location: Environmental Action: Project Planner: ACTION: PA23-0271 Conditional Use Permit Portals Entertainment Center CUP Chad Williams Planning Application Number PA23-0271, a Conditional Use Permit for an arcade, laser tag, mini golf course and restaurant facility. 26469 Ynez Road Categorically Exempt Section 15301, Class 1 (Existing Facilities) Yannin Marquez, Case Planner APPROVED BY ASSISTANT DIRECTOR OF COMMUNITY DEVELOPMENT MATT PETERS ADJOURNMENT: The meeting was adjourned at 1:42 PM Item No. 3 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: November 15, 2023 PREPARED BY: Jaime Cardenas, Case Planner PROJECT SUMMARY: Planning Application Number PA23-0323, a Public Convenience or Necessity Application for a proposed Type 21 (Off -Sale General) and Type 86 (Instructional Tasting) alcohol license for Smart & Final located at 32937 Temecula Parkway. RECOMMENDATION: Adopt a Resolution approving the application subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Richard Phegley General Plan Designation: Highway/Tourist Commercial (HT) Zoning Designation: Vail Ranch Specific Plan (SP-10), Commercial'B' Planning Area Existing Conditions/ Land Use: Site: Commercial Shopping, Highway Tourist Commercial (HT) North: Commercial Shopping, Highway Tourist Commercial (HT) South: Temecula Creek, Open Space (OS) East: Commercial Shopping, Highway Tourist Commercial (HT) West: Commercial Shopping, Highway Tourist Commercial (HT) BACKGROUND SUMMARY On August 9, 2023, Richard Phegley submitted a Finding of Public Convenience or Necessity application (PC or N) for the future Smart & Final food and supply store to obtain a Type 21 (Off - Sale General) and a Type 86 (Instructional Tasting) Alcoholic Beverage Control (ABC) license for the warehouse -style store located at 32937 Temecula Parkway. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed store is located in Census Tract 432.56. Census Tract 432.56 currently has seven (7) active off -sale licenses. Under the California Department of Alcoholic Beverage Control's (ABC) regulations, Census Tract 432.56 is considered "over -concentrated." According to ABC's regulations, two (2) off -sale licenses are permitted before a PC or N is required. The applicant is seeking a PC or N to fulfill the demands of customers looking to purchase beer, wine, and distilled spirits along with their produce, meats, specialty items and general supply items. The Type 21 (Off -Sale General) ABC License allows for the sale of beer, wine, and distilled spirits for off -site consumption. The Type 86 ABC License (Instructional Tasting License) ABC is required in order to allow Type 21 license holders to provide tastings on site. The intent of the Type 86 is to instruct/educate the consumers on the products by allowing tastings. This license does not require a Conditional Use Permit as it is an ancillary use to the primary business. The instructional tasting license is issued to the holder of and premises of a Type 20 or Type 21 license and the Type 86 license does not require a PC or N as it does not fall into the on -sale or off -sale categories that ABC uses to determine "over concentration" levels. The anticipated alcohol sales will be ancillary to the warehouse -style store. The store is 23,175 square feet in size and the square footage allocated for alcohol sales is 418 square feet (1.8% of the total store). The proposed hours and days of operation will be seven (7) days per week from 6:00 a.m. to 10:00 p.m. There is no live entertainment proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press -Enterprise on Novembe 2, 2023, and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery stores and the sale of beer, wine, and distilled spirits (off -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. FINDINGS Finding of Public Convenience or Necessity (section 17.10.020) The proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway/Tourist Commercial designation includes retail, professional office, and service - oriented business including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The sale of beer, wine and distilled spirits would serve as an incidental use to the establishment operations. The proposed use is consistent with the Development Code which allows for grocery stores. Per Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at grocery stores is a permitted use when the primary use is permitted by right. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The use is compatible with the nature, condition and development of adjacent uses, buildings and structures as the use is located in a developed commercial center containing other retail and restaurant businesses, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. Whether or not the proposed use would have an adverse effect on adjacent land uses. The proposed use will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. In addition, the site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The project is located in a Census Tract which ABC considers "over -concentrated " with off -sale licenses. Per ABC, two (2) off -sale licenses are allowed in this tract, and seven currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the eighth establishment with an off -sale ABC License within the Census Tract. A license for a project in the census tract for a Type 21 (off -sale general) would not result in an excessive number of similar establishments as it would be the eighth off -sale license and would allow the applicant to be competitive with similar businesses in the census tract and the City of Temecula. ATTACHMENTS: 1. Aerial Map 2. PC Resolution 3. Exhibit A - Draft Conditions of Approval 4. Exhibit B - Statement of Operations and Justification 5. Exhibit C - Plans 6. Notice of Public Hearing 7. Notice of Exemption 960-030-043 CITY OF TEMECULA PA23-0323 0 200 400 800 Feet I I I I I I I > I 1:4,000 pate Created: 912912023 f ho Heart of Southern California Wine Country The map PA23-0323.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to update and modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. This map is not for reprint or resale. Visit the City of Temecula GIS online at https lRerneculaca.govlgis PC RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA23-0323, A PUBLIC CONVENIENCE OR NECESSITY APPLICATION FOR A PROPOSED TYPE 21 (OFF -SALE GENERAL) AND TYPE 86 (INSTRUCTIONAL TASTING) ALCOHOL LICENSE FOR SMART & FINAL LOCATED AT 32937 TEMECULA PARKWAY AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN: 921-281-021) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 9, 2023, Richard Phegley filed Planning Application No. PA23-0323 Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 15, 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 in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA23-0323 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Finding of Public Convenience or Necessity, Development Code Section 17.10.020: A. The proposed use is consistent with the General Plan and Development Code. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway/Tourist Commercial designation includes retail, professional office, and service oriented business including supermarkets, department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. The sale of beer, wine and distilled spirits would serve as an incidental use to the establishment operations. The proposed use is consistent with the Development Code which allows for grocery stores. Per Temecula Municipal Code Section 17.10.020.B.2, the sale of alcoholic beverages at grocery stores is a permitted use when the primary use is permitted by right. B. Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses. The use is compatible with the nature, condition and development of adjacent uses, buildings and structures as the use is located in a developed commercial center containing other retail and restaurant businesses, and the proposed conditional uses will not adversely affect the adjacent uses, buildings or structures. C. Whether or not the proposed use would have an adverse effect on adjacent land uses. The proposed use will not adversely affect the adjacent uses, buildings or structures as the surrounding uses are commercial in nature. In addition, the site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code. D. Whether or not the proposed use would result in an excessive number of similar establishments in close proximity. The project is located in a Census Tract which ABC considers "over -concentrated" with off -sale licenses. Per ABC, two (2) off -sale licenses are allowed in this tract, and seven currently exist. Therefore, a Finding of Public Convenience or Necessity is required for the project to be the eighth establishment with an off -sale ABC License within the Census Tract. A license for a project in the census tract for a Type 21 (off -sale general) would not result in an excessive number of similar establishments as it would be the eighth off -sale license and would allow the applicant to be competitive with similar businesses in the census tract and the City of Temecula. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Public Convenience or Necessity Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (15301, Class 1, Existing Facilities) Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA23-0323, subject to the Final Conditions of Approval set forth on Exhibit A, Statement of Operations and Justification and set forth on Exhibit B, the Plans, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of November 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 foregoing 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 15th day of November 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary CITY OF TEMECULA CONDITIONS OF APPROVAL ACCEPTANCE Planning Application Number: PA23-0323 Parcel Number(s): 960-030-043 By signing below, I/we have agreed to the following Conditions of Approval, including (but not limited to) any referenced documents, local state, or federal regulations, statement of operations, hours of operation, floor plans, site plans, and Conditions that may require the payment or reimbursement of fees, as described. I/we have read the attached Conditions of Approval and understand them. I/we also understand that violations or non-compliance with these Conditions of Approval, may delay a project, and/or result in the revocation of a permit in accordance with the Temecula Municipal Code. I/we are also responsible for disclosing these Conditions of Approval to any successive owners/operators. I/we agree and commit to the City of Temecula that I/we will implement and abide by the Conditions of Approval, including any indemnification requirements imposed by those conditions. Property Owner Printed Name Property Owner Signature & Date Applicant Printed Name Applicant Signature & Date EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA23-0323 Project Description: Smart & Final PCN: a Public Convenience or Necessity Application for a proposed Type 21 (Off -Sale General) and Type 86 (Instructional Tasting) alcohol license for Smart & Final located at 32937 Temecula Parkway. Assessor's Parcel No.: 960-030-043 MSHCP Category: N/A (No New Grading/Square Footage) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: N/A (Not a Residential Project) New Street In -lieu of Fee: N/A (Not Located in the Uptown Temecula Specific Plan) Approval Date: November 15, 2023 Expiration Date: November 15, 2026 PLANNING DIVISION Within 48 Hours of the Approval Page 1 of 4 Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor — County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. General Requirements 2. Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys' Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys' fees or court costs) in any manner arising out of or incident to the Planning Commission's actions, this approval and the City Council's actions, related entitlements, or the City's environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City's determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 10 (Vail Ranch Specific Plan) 4. Signage Permits. A separate building permit shall be required for all signage. Page 2 of 4 Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 6. Modifications or Revisions. The developer shall obtain City approval for any modifications or revisions to the approval of this project. Statement of Operations. The applicant shall comply with their Statement of Operations dated June 30, 2023, on file with the Planning Division, unless a conflict exists between the Statement of Operations and these Conditions of Approval, in which case the Conditions of Approval control. Posting of Local Transportation Providers. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce at (951) 676-5090. Hours of Operation & Termination of Alcohol Sales. The hours of operation for this PCN shall be as follows: Monday: 6 a.m. — 10 p.m. Tuesday: 6 a.m. — 10 p.m. Wednesday: 6 a.m. — 10 p.m. Thursday: 6 a.m. — 10 p.m. Friday: 6 a.m. — 10 p.m. Saturday: 6 a.m. — 10 p.m. Sunday: 6 a.m. — 10 p.m. These hours of operation shall supersede any previous conditions of approval, and take precedence over any other conditions of approval in this document that may reference operating hours and times. Hours of operations may be altered temporarily with the approval of a valid limited duration temporary use permit. Hours of operations may be permanently altered only by an approved amendment to this application. Under all circumstances, including instances where the establishment closes earlier than the above listed times, the last call indicating the termination of the sale of alcohol shall be no less than on half (1/2) hour prior to closing for all nights of operation. POLICE DEPARTMENT General Requirements 10. Type 21 and 86 License. Type 21-OFF SALE GENERAL -(Package Store) Authorizes the sale of beer, wine, and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. Type 86-INSTRUCTIONAL TASTING LICENSE -The Instructional Tasting License allows the tasting of beer, wine and/or distilled spirits at off -sale licensed premises. The quantity and number of tastings that may be offered to consumers is limited. This license can only be held in conjunction with a qualified off -sale license. 11. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. Page 3 of 4 12. Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. 13. Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. 14. Inspections. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). 15. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 16. Questions Regarding Conditions. Any questions regarding these conditions should be directed to Temecula Sheriff CORE Team at (951) 694-6480. Page 4 of 4 Section C: Statement of Operations 30 June 2023 Smart & Final seeks to operate a Type 21 Off -Sale General and Type 86 Instructional Tasting Liquor license for its premises at 32937 Temecula Parkway, Temecula, CA 92592. This is a new location for Smart & Final, which is a full -service grocery store with proposed hours of operation from 6:00 am to 10:00 pm, daily. Smart & Final functions as an essential service by offering fresh produce, quality meats, specialty items, and various sundry goods as well as alcoholic and non-alcoholic beverages to nearby residents, workers, and commuters as is expected with full -service grocery stores. Smart & Final's unique warehouse -style grocery operation distinguishes it from other supermarkets in the immediate vicinity. This unique operation allows the chain retailer to offer the community with cost effective bulk sale items and as such, serves the needs of everyday shoppers and small businesses in the area. Smart & Final also has its own private brand of grocery products known as First Street, which was created to offer the same quality products as national brands at an affordable price. First Street delivers uncompromising quality with a wide range of products from grocery, frozen, and dairy goods to household cleaning products. Smart & Final is applying for a Type 21 Off -Sale General license and a Type 86 Instructional Tasting license with the Department of Alcoholic Beverage Control. A Type 21 Off -Sale General license would permit the sale of beer, wine, and liquor for consumption off the premises. A Type 86 Instructional Tasting can only be issued to holder and premises of Type 20 or 21 licenses. The purpose of the allowed tasting is for instructional services intended to educate the customer on the alcoholic beverages sold on the premises. The grocery store will not offer live entertainment and food will not be served for the grocery store's operations. Alcohol will not be served with the exception of instructional tastings as per the Type 86 Instructional Tasting License proposed for this location. This license allows retailers to familiarize or introduce a specific alcohol product to the public. Instructional tastings are limited both in frequency and volume. A qualified supplier facilitates instructional tastings no more than once a month. Glassware is not used and no money is exchanged. Smart & Final is committed to the convenient, one -stop shopping experience that their stores have to offer. Fifty to sixty employees are expected to join the Smart & Final team at this location. Fifty security cameras will be installed to maintain a safe environment for their customers. This Smart & Final is expected to have 6,000 to 8,000 customers on a weekly basis. One hundred and fifty-four (154) parking spaces will be available to patrons of this Smart & Final and other businesses in the commercial center. Section D: Statement of Justification 30 June 2023 Smart & Final is in pursuit of a Type 21 Off -Sale General license to allow the sale of a full line of alcoholic beverages for off -site consumption for its premises at 32937 Temecula Parkway, Temecula, CA 92592. Smart & Final is also seeking a Type86 Instructional Tasting license to allow on -site instructional tastings of beer, wine, and distilled liquor at this location. For 150 years, Smart & Final has been providing quality groceries and household products across more than 250 stores. It serves residents and small businesses with their extensive line of affordable, bulk -sale items. Smart & Final has demonstrated its commitment to serving and providing for the communities that it is a part of. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? Smart & Final's unique warehouse -style grocery operation distinguishes it from other supermarkets in the immediate vicinity. This unique operation allows the store to offer cost effective bulk -sale items, serving the needs for both every day shoppers and small businesses in the area. Smart & Final also has its own private brand of grocery products known as First Street that delivers uncompromising quality with a wide range of products from grocery, frozen, and dairy goods to household cleaning products. It provides and essential benefit to the community and the City of Temecula. 2. Does the proposed establishment cater to an under -served population (i.e. patrons of a different socioeconomic class)? The proposed Smart & Final location will serve those living and working in the immediate vicinity by offering a large selection of its daily grocery, cleaning, and dry good supplies. Existing affordable multifamily rental units, Madera Vista Apartments and Temecula Reflections Townhomes, are in proximity of the subject location. Smart & Final would also support the working families and senior population residing in existing affordable housing units. With more affordable housing units slated for development within the City of Temecula, Smart & Final would help serve the surrounding neighborhoods by providing a service that is essential and beneficial to the community and its city. 3. Would the proposed mode of operation of the proposed establishment (i.e. sales in conjunction with gasoline sales, tours, etc.) be unique or differ from that of other establishments in the area? Smart & Final's unique "cash and carry' wholesale -style grocery and retail operations cater to small businesses, non-profit organizations, and the community. The typical customer at a Smart & Final store is looking to buy in bulk, but is unable or unwilling to patronize traditional wholesale suppliers. Sales of alcohol are generally made in bulk quantity, therefore, the likelihood of customers purchasing alcohol for immediate consumption is very minimal. 4. Are there any geographical boundaries (i.e. rivers or hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? There are no geographical barriers separating this Smart & Final location to other establishments. It is located along the Commercial "B"-zoned southern stretch of Temecula Parkway, or SR-79, and is therefore easily accessible to other establishments. As such, Smart & Final will complement the existing consumer base. 5. Is the proposed establishment located in an area in an area where there is a significant influx of population during certain seasonal periods? The proposed establishment is not located in an area where there is a significant influx of population during certain seasonal periods. In addition to the community that uses this commercial corridor, this Smart & Final will serve the large residential areas that abut the proposed establishment. 6. Is there a proliferation of licensed establishments within the Census tract of the proposed establishment? The subject site falls under Census Tract No. 0432.56. The Department of Alcoholic Beverage Control (ABC) reports that Census Tract No. 0432.56 has a population of 3,585 persons, and this census tract is authorized to have two (2) off -sale licenses. At the present time, there are seven (7) off -sale licenses within the census tract. Although the current numbers of off -sale licenses exceed the base authorizations, this Smart & Final is a much -needed use and serves to improve the area with its amenities and services. The proposed project will provide the community with an essential service. Of the seven active off -sale licenses in Census Tract No. 0432.56, only three are within 1,000 feet of the proposed establishment. Off -Site Alcohol Sales Establishments within 1,000 feet of the Subject Site: Type 20 Off -Sale Beer & Wine Circle K (33165 Hwy 79) Type 21 Off -Sale General CVS Pharmacy 8896 (33205 Temecula Pkwy) Ralphs 686 (33145 Temecula Pkwy) The proposed Smart & Final will fall under the Commercial Area "B" land use designation, and is located within the SP-10 Vail Ranch Plan. General Plan: Under the City of Temecula General Plan, the subject property is planned and zoned for land uses that support the economic development and commercial vitality of the city. It would also further the intent of the General Plan by helping to maintain the character of the existing commercial area and adding to the diversity of retail and other commercial services in the surrounding neighborhood. This Smart & Final supports the City of Temecula with the following General Plan goals: General Plan (Land Use) "Goal 1: A diverse and integrated mix of residential, commercial, industrial, recreational, public, and open space land uses. Policy 1.3: Require development of unified or clustered community -level and neighborhood -level commercial centers and discourage development of strip commercial uses. Goal 2: Successful, high -quality mixed use development projects containing a mix of residential, commercial/office, and civic land uses, supported by alternative modes of transportation. General Plan (Economic Development) Goal 2: A diverse economic base including a range of manufacturing, retail, service, and knowledge -based professional activities. Policy 2.2: Plan for land use and development patterns that allow succession of use, adapt to Temecula's economic conditions, and promote development of properly located and well -designed commercial centers meeting the diverse service needs of the City. Policy 2.3: Use redevelopment powers and opportunities to enhance development, including the revitalization of older commercial areas through the development of mixed -use projects. Policy 2.5: Promote retail and other support activities that provide a broader selection of high -quality goods and services for residents, workers and tourists, including apparel, general merchandise, home furnishings and appliances. Goal 3: A sound economic base providing a fiscal foundation for the City, quality community facilities, and high service levels. Policy 3.5: Promote recycling and revitalization of older retail/commercial corridors within the City, including Jefferson Avenue, and potential increases in mixed use residential and commercial projects." ific Plan —Vail Ranch (SP-10): Smart & Final will be consistent with the General Plan Commercial Area "B" land use designation due to its diverse and community -oriented operations as a full - service grocery store. This Smart & Final is located within the City of Temecula's Vail Ranch Specific Plan and supports the Specific Plan with the following goals: "12.a: Commercial Planning Area "B" will contribute to the anticipated need for a complex and diversified commercial land use inventory and employment base within the State Highway 79 corridor. Further, Commercial Area "B" will provide a close at hand commercial trip destination which will reduce the number of trips and trip lengths generated by the various planned developments in the State Highway 79 corridor." 7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity (500 feet) to the proposed establishment? There are no sensitive uses within 500 feet of this proposed Smart & Final location. 8. Would the proposed establishment interfere with these sensitive uses? The proposed Smart & Final will not interfere with any sensitive uses within 500 feet because there are none. With 150 years of experience providing quality goods to its patrons, Smart & Final has demonstrated its commitment to serving and providing for the communities that it is a part of by providing quality groceries and household products at affordable prices to the surrounding neighborhood. 9. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents of the area? The operations of the proposed Smart & Final will not interfere with the residents of the area. An open space buffer separates the proposed establishment from the residential areas. Additionally, the owners of this Smart & Final are prepared to ensure alcohol is always sold in a safe and professional manner, only impacting the community in a positive way. All store managers and clerks involved with the sale of alcoholic beverages will enroll in the Licensee Education on Alcohol and Drugs (LEAD), or an equivalent certification program for retail licensees, managers, and employees. Electronic age verification devices will be installed at each point -of -sale location to determine the age of any individual attempting to purchase alcoholic beverages or tobacco products. Video cameras will be maintained in operable conditions within the interior and exterior property. For a large, well-known grocery retailer such as Smart & Final, the public has come to expect it to carry a certain set of products, including alcohol. Customers benefit greatly from the consistency provided at every Smart & Final location with its offerings of groceries, alcohol, and other retail items. Alcoholic beverages will not require a significant portion of the store's shelf space. The alcohol sales area is located near the management office so that products can be closely monitored. The total sales floor area is 23,175 square feet and only 418 square feet is allocated for the sale of alcohol. The alcohol sales area is only 1.8% of the sales area. As such, alcohol sales are secondary to the operation of this Smart & Final as a full -service grocery store. 10. Will the proposed establishment add to law enforcement problems in the area? The applicant does not anticipate that the proposed Smart & Final will add to law enforcement problems in the area. This Smart & Final will implement security measures to ensure the safety of its customers and the surrounding area. There will be fifty (50) security cameras located throughout the premise, with adequate cameras located near the alcohol sales area. The alcohol sales area, which measures to 418 square feet, is located adjacent to the management office, allowing for more monitoring over the product. The physical components of the building, including but not limited to its size, height, and operations, blend with the commercial nature of the area. As such, the proposed establishment will not adversely affect or further degrade the adjacent properties, the surrounding neighborhood, or public welfare. This project will only serve to have a positive impact on adjacent properties and surrounding neighborhood, as the alcohol sales are secondary to the operation of a grocery store. Alcoholic Beverage Area Calculation Refrigerated Cases = 147 sf Dry Shelving = 271 sf Total Alcohol Sales Area = 418 sf Sales Area = 23175 sf Total Alcohol Sales Area sf r Sales Area sf 418 sf - 23.175 sf = 0.01804 = 1.80% a„m � �a �m w �o o�25 ®5 za IKRt PE o,,. Pop ,,.. .�.. .....A a,Eo _.._.� o ©mCE o o� o o„ aercrw. 15 DAIRY DEIJ DOOPS _--- U ECCIE [.�, _�z u�. ox � H ..I. CBC�3MDE�UWR�UU�SMLLM IIII �� �II �� �� IIII I■ ! III IIIII III ■ ■li. ► 'i i iIi ii Iiil II II II I■ !! II II II ■ ■i= �Iz NI ,, II II II IIII I■ �I III IIIII III ■I ■I ► r YI ��� �� �� j� �� III �� �� �� ICI ■I � � 3 IIII Ih hII ®: IIIII III III III II■ !I! III III III -I■I ■I„ .� �, alls� �I!I IIII II II II III II■ •• III IIII III ■ i I • Ili II iIiI iIi IIII ii ill iIi IiIiI ii IiI 1 Ii III IIIII �I i■ II �I �I iI ■' !I. IiIiI iIi iIi IIIII i �� i IiI i IiI � I'► Ilw hi �i iIi IIIII i �� i IiI i IiI ' 7 ® � � II IIII I■ III III IIIII III ■ � �IQ i - III �I I■ �I �I II �I ■ a■aaa.aa�aoa■aa;, � IIIII I■ �� IIII IIIII III a ,nan ®i aaaaoly a■a■ F■i � aaaaalQ aaaa I a .....n, �a ADJACEN SPACE ❑❑ Notice of Public Hearin THE CITY OF TEMECULA - 41000 Main Street- Temecula, CA 92590 — TemeculaCA.gov A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No.: PA23-0323 Applicant: Richard Phegley Project Location: 32937 Temecula Parkway Proposal: Smart & Final PCN: a Public Convenience or Necessity Application for a proposed Type 21 (Off -Sale General) and Type 86 (Instructional Tasting) alcohol license for Smart & Final located at 32937 Temecula Parkway. Environmental Action: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review pursuant to CEQA Section 15 30 1, Class 1, Existing Facilities Case Planner: Jaime Cardenas, (951) 240-4215 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 15, 2023 TIME OF HEARING: 6:00 PM �CE�EGU�PPK� �� i a 0 Project Site �o L` W Ol S�pRE Rn �O �4 200 400 Feet I 1 1 1 J All Notice of Public Hearing 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. City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951 ) 694-6400 • TemeculaCA.gov VIA -ELECTRONIC SUBMITTAL CEQAProces sina(& asrclkrec. com November 15, 2023 Supervising Legal Certification Clerk County of Riverside P.O. Box 751 Riverside, CA 92501-0751 SUBJECT: Filing of a Notice of Exemption for Planning Application Number PA23-0323, a Public Convenience or Necessity Application for a proposed Type 21 (Off - Sale General) and Type 86 (Instructional Tasting) alcohol license for Smart & Final located at 32937 Temecula Parkway Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee. Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Jaime Cardenas via email: Jaime. Cardenas@TemeculaCA.gov. Sincerely, Matt Peters Assistant Director of Community Development Enclosures: Notice of Exemption Form Electronic Payment - Filing Fee Receipt City of Temecula Community Development Planning Division Notice of Exemption TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula P.O. Box 751 41000 Main Street Riverside, CA 92501-0751 Temecula, CA 92590 Project Title: Smart & Final PCN (PA23-0323) Description of Project: A Public Convenience or Necessity Application for a Type 21 (Off -Sale General) and Type 86 (Instructional Tasting) alcohol license for Smart & Final Project Location: 32937 Temecula Parkway, Temecula, CA 92591 Applicant/Proponent: Richard Phegley The Planning Commission approved the above -described project on November 15, 2023 and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended. Exempt Status: (check one) ❑ Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number: ) ❑ Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15301, Class 1, 15269(a)); Existing Facilities) ❑ Emergency Project (Section 21080(b)(4); Section ❑ Other: Section 15061(b)(3) 15269(b)(c)); Statement of Reasons Supporting the Finding that the Project is Exempt: Under Section 15301, Class 1, Existing Facilities, licensing and permitting that involves negligible or no changes in use qualify for a categorical exemption. Alcohol sales are common ancillary uses in grocery stores and the sale of beer, wine, and distilled spirits (off -sale) involves a negligible change in use. Additionally, all access and public utilities are available to the site, and the use is in conformance with all zoning requirements of the Development Code. Contact Person/Title: Jaime Cardenas, Assistant Planner Telephone Number (951) 240-4215 Signature: Matt Peters, Assistant Director of Community Development Date received for filing at the County Clerk and Recorders Office: Date: Item No. 4 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: November 15, 2023 PREPARED BY: Matt Peters, Assistant Director of Community Development PROJECT Long Range Planning Project Number LR22-0158, Amending Title SUMMARY: 16, and 17 of the Temecula Municipal Code Pertaining to Urban Lot Splits and SB 9 Two Unit Developments. RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt the proposed Ordinance. CEQA: Statutorily Exempt Public Resources Code Section 21080.17 BACKGROUND SUMMARY The proposed ordinance would make amendments to Title 16 (Subdivisions) and Title 17 (Zoning) of Temecula Municipal Code to implement the requirements of Senate Bill (SB) 9, which requires the ministerial approval of up to four -unit development and urban lot splits on all single-family residential zoning districts. Current zoning regulations permit up to three units on a parcel zoned for a single-family dwelling: one primary dwelling; one Accessory Dwelling Unit (ADU); and one Junior Accessory Dwelling Unit (JADU). Senate Bill 9 (SB 9) was signed by Governor Newsom on September 16, 2021 and became effective January 1, 2022 (see Attachment 4). It requires that a local jurisdiction allow ministerial approval (no discretionary review) of four units on parcels zoned for single family dwellings per lot and/or the subdivision of a single-family zoned parcel into two equal sized parcels (a 40 to 60 percent split of lot size is allowed). This type of subdivision ("urban lot split") may result in each lot containing a duplex or two detached residential units. SB 9 allows cities to adopt objective development standards that regulate such projects provided they do not conflict with the Senate Bill. All new development resulting from an urban lot split must follow the City's Objective Design Standards adopted by City Council (Ordinance 2022-02 and Resolution 2022-08), provided the new development meets the definition of a multi -family dwelling unit. ANALYSIS Senate Bill 9 (SB 9) specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to adopt objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and SB 9 two unit residential developments in the City's single-family residential zones. On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in the ordinance. Adoption of the Interim Urgency Ordinance also means that the added protection developed by the City was put in place immediately and applied to any SB 9 applications for a period of 45 days (expiring on April 8, 2022). State Urgency Ordinance provisions are structured so that during the 45-day period, further studies may be conducted to determine if additional standards or regulations are warranted. After 45 days, the City Council can extend the ordinance for another 320 days and another one-year extension of the ordinance is allowed after the 320-day extension. The City extended the Interim Urgency Ordinance twice and it is scheduled to expire on February 21, 2024. Pursuant to State law, the City cannot further extend the Interim Urgency Ordinance and must adopt permanent regulations prior to the expiration of the Interim Urgency Ordinance. Staff has prepared an ordinance consistent with State Law, and with additional provisions to promote orderly growth and development as detailed below: Proposed Change Analysis The S139 Urban Lot Split Ordinance will require new lot lines to be straight from the front property line to the rear with no curves, jogs, or major angles. This will ensure proper lot design and physical improvements, lot access from public right-of-way, adequate width and setbacks to accommodate utilities, and help achieve livability and protection of land values. Finally, straight lot lines will help avoid confusion between property owners with regard to ownership, access, trespass, and maintenance. A 10-foot setback between habitable structures is required to ensure proper separation for light, air, structure maintenance and access, and fire protection consistent with the California Building Code. S139 requires two Primary Dwellings be allowed on a single lot. Two additional units are allowed for a total of four units under and Urban Lot Split scenario. The City's SB9 ordinance will limit the two additional units to 1,200 square feet each consistent with Accessory Dwelling Unit (ADU) law in an effort to promote consistency for administration, and to accommodate smaller, more affordable dwelling units. The City has included Objective Design Standards in the S139 Ordinance to ensure consistency of colors, materials, roof pitch, window sizes and other design element to match the existing or proposed primary dwelling units in order to promote consistency and quality of development. 2. Affordability Covenant The City is exploring an Affordability Covenant for S139, Urban Lot Split development. The affordability covenant requirement is being explored to help implement the State's goal of providing affordable housing and to help the City meet its State -mandated Regional Housing Needs Assessment (RHNA) number of providing 4,193 affordable units during the 6th Cycle Housing Element from 2021-2029. The Department of Housing and Community Development (HCD) considers any requirement for affordable housing above a 15% threshold to be an inclusionary housing requirement. The City is exploring requiring one of four units, or 25% to be affordable. As such the City is required to complete an economic feasibility study to provide evidence that the ordinance does not unduly constrain the production of housing. The City is working with Keyser Marston Associates (KMA). If the study indicates that the affordability covenant does not unduly constrain the production of housing by making it too expensive to build, then the City will also explore an in -lieu fee as a state -mandated option to the affordability covenant. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Press Enterprise on November 2, 2023. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be statutorily exempt from further environmental review. The adoption of the ordinance approving the Municipal Code amendments necessary to implement Senate Bill 9 is statutorily exempt from CEQA pursuant to Government Code §65852.210) and §66411.7(n) which state that the adoption of an ordinance by a city or county implementing the provisions of Government Code § 65852.21 and § 66411.7 and regulating urban lot splits and two unit projects is statutorily exempt from the requirements of CEQA. A Notice of Exemption will be prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. 3 ATTACHMENTS: 1. PC Resolution 2. Exhibit A - Draft City Council Ordinance 3. Notice of Public Hearing 4. Senate Bill 9 5. Interim Urgency Ordinance No. 2022-03 6. CC S139 Alleviation Report 7. Interim Urgency Ordinance No. 2022-03 Extension No. 1 and 2 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 TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03. Adoption of the Interim Urgency Ordinance imposed a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9 that do not meet the objective zoning and design standards contained in Interim Urgency Ordinance No. 2022-03. B. Interim Urgency Ordinance No. 2022-03 was subsequently extended twice by the City Council and is scheduled to expire on February 21, 2024. C. City staff identified the need to adopt a permanent ordinance to address urban lot splits permitted under Government Code Section 66411.7 and SB 9 two unit developments permitted under Section 65852.210) before Interim Urgency Ordinance No. 2022-03 expires. D. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code on November 15, 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. E. The proposed amendments to Title 16, & 17 are consistent with the City of Temecula General Plan, and each element thereof. F. 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". G. 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 implements the requirements of Senate Bill (SB) 9, which requires local jurisdictions to ministerially approve urban lot splits and residential development of up to four units. The proposed Ordinance is drafted in a manner to ensure compliance with state law. Residential land uses are permitted in the General Plan and therefore, the uses are consistent with the residential land districts identified in the General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed Ordinance does not propose any land use that is inconsistent with the General Plan. The changes proposed would expand or increase the intensity of residential uses in areas that already permits such uses. The proposed Ordinance furthers Goal 3 of Land Use Element of the Temecula General Plan, which is to encourage "A City of diversified development character, where rural and historical areas are protected and co- exist with newer urban development." 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 proposed amendments to Title 16, and 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes are consistent with Goal 2 of the Growth Management/Public Facilities Element of the Temecula General Plan which is "Orderly and efficient patterns of growth that enhance quality of life for Temecula Residents." Section 3. Environmental Compliance. Under California Government Code Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR22-0158, 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 15th day of November 2023. Lanae Turley-Trej o, 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 15th day of November, 2023, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 2023- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF SENATE BILL 9 ("SB 9") (2021) AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PURSUANT TO GOVERNMENT CODE SECTIONS 65852.21(J) AND 66411.7(N), AND CEQA GUIDELINES SECTIONS 15303 AND 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: 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 15, 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 December 12, 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: -1- 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; a. On September 16, 2021, Senate Bill 9 (Chapter 162, Statutes of 2021) was approved by the Governor of the State of California and filed with the Secretary of State, amending Section 66452.6 of the California Government Code and adding to the Government Code Sections 65852.21 and 66411.7, allowing additional housing units on properties within single-family zones and providing for parcel map approval of an Urban Lot Split. Whenever there is a conflict between a state law and a local ordinance, the state law has precedence and must be obeyed. B. The use is in conformance with the goals, policies, programs, and guidelines of the elements of the general plan; and a. Land Use Element Policy 1.2 Promote the use of innovative site planning techniques that contribute to development of a variety of residential product styles and designs, including housing suitable for the community's labor force. b. c. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density, and type, and presents the opportunity for local residents to live and work in the same community by balancing jobs and housing types. 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. a. Housing Element Policy 3.3 Periodically review City development standards to ensure consistency with the General Plan and to ensure high -quality affordable housing. Section 4. A new Section 17.06.120 (Urban Lot Split) is hereby added to Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.06.120 SB 9 Two Unit Development A. Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and void. Development applications that do not satisfy the definition for a SB 9 two unit development provided below in Section B shall not be subject to this ordinance. B. Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply -2- for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. 1. "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. Accessory dwelling unit includes an "efficiency unit" as defined in Health and Safety Code Section 17958.1 and a "manufactured home" as defined in Health and Safety Code Section 18007. 2. "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. 3. "Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. 4. "Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit. 5. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. 6. "SB 9 two unit development" means a housing development containing no more than two primary residential units within a single family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit. 7. "Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty five (25) percent of any of the following is removed: 1) load bearing or structural walls, 2) roof or roof frame, or 3) foundation. 8. "Urban Lot Split" means a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. C. General Requirements and Restrictions. 1. Short Term Rental Prohibited. Short term rental units are not permitted within the City of Temecula, per Table 17.06.030 (Residential Districts). Any unit constructed under this section shall not be rented for less than 31 days. -3- 2. Prohibited Development. A SB 9 two unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to State Law and as specified below: a) Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan. b) Prime farmland or farmland of statewide importance. On Prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. c) Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). d) Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power. e) High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the City pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception. f) Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years. g) Nonconforming Development. Single family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed -use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section. h) Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section In 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.. i) Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. j) Flood Zone. In a special flood hazard area subject to inundation by the 1 percent annual chance flood (100- year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: ( 1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the City, or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 ( commencing with Section 59. 1) and Part 60 (commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. k) Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no - rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. 1) Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. m) Conservation easement. Lands under a conservation easement. n) Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). 3. Substantial Redevelopment. A SB 9 two unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building. -5- 4. Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two -unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation. D. Unit Configuration and Quantity. 1. This section allows for the construction of up to four units maximum per eligible single- family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations: a) Without Urban Lot Split — 4 units maximum per existing parcel: (1) 2 primary dwellings and 2 ADU's; or (2) 2 primary dwellings and 1 ADU and 1 JADU b) With Urban Lot Split — 2 units maximum on each parcel (4 maximum total): (1) 2 primary dwellings per parcel; (2) 1 primary dwelling and 1 ADU per parcel; (3) 1 primary dwelling and 1 JADU; (4) 1 primary dwelling per parcel, or (5) 1 primary dwelling on 1 parcel and 1 vacant parcel. 2. The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development. INS Illustrations are based on a preliminary analysis of the low. Details are subject to change and are for informational purposes only. VACANT LOT Al EXISTING Na units A2 ADD UNITS, NO LOT SPLIT ADD UNITS, LOT SPLIT &&a Up to 2 units .t ADU & -1 JADUs A3 i Up to 4 total units LOT WITH SINGLE-FAMILY HOME Bt I unit B2 Up to 2 units ,I ADU & ,t JADUS 133 Up to 4 total units LOT WITH SINGLE-FAMILY HOME AND AN ADU C1 gilr_ I unit I ADUlJAM C2 I Can add 2 addtt. units II must be an JADU) C3 i i Up to 4 total units LOT WITH SINGLE-FAMILY HOME, AN ADU AND A JADU D1 1 unit I JADU & . I ADU D2 Can add 1 addtf. unit D3 ilk Up to 4 total units For parcels with non conforming buildings please check with Department of Running & Development on the requirements for 58 9 to be utilized for building new units. USING SB 9 WITHOUT A LOT SPLIT: USING SB 9 WITH A LOT SPLIT: e Without a lot split, two primary units and up to • SH 9 does not require jurisdictions rmmmm�� 2 new ADUs/JADUs can be built. to approve more than 4 units total, SB 9 can be used to develop single including any ADUs/JADUs. units - but projects must comply • Future subdivision prohibited. with all SB 9 requirements. E. Qualifying SB 9 Two Unit Development. Qualifying SB 9 two unit developments shall comply with the following: 1. Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single family residential development within the City. 2. Building Height. The height of residential units constructed under this section shall be limited as follows: a) In no case shall any building height exceed the limit set in the applicable zoning district. 3. Windows. All upper story windows shall be: a) Clerestory; or b) Six-foot minimum sill height above finished floor; or c) Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement. 4. Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls. -7- 5. Floor Area Ratio and Lot Coverage. a) The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations. 6. Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements. 7. Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design. 8. Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted. 9. Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted. 10. Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance. 11. Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred and fifty (150) square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1. 12. Maximum Unit Size. There is no maximum unit size for two Primary Dwelling Units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred (1,200) square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit. 13. Parking. Parking shall be provided as follows: a) One off street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two unit development. b) No parking is required if the property is located within one-half mile walking distance of either a high -quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel. c) Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2. d) Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements. e) Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit. f) Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed. g) Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions. h) Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement. 14. Building Separation. No detached habitable building shall be closer than ten (10) feet to any other habitable building on the same lot. 15. Setbacks. SB 9 two unit developments shall comply with the following setback requirements: a) All residential structures in a SB 9 two unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards — Residential Districts. (1) Interior side and rear yard setbacks shall be four feet minimum. b) All accessory structures in a SB 9 two unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) — Accessory Structures Setbacks (1) Accessory structures are required to maintain a minimum six foot separation from other structures. 16. Stormwater Management. The development must comply with the City's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge. 17. Utilities. SB 9 two unit developments shall be designed as individual units and shall have individual meters for utilities at each unit. a) Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available. b) All utility owned equipment shall be incorporated into the design of the site. 91 c) Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way. 18. Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the City at the time of application, to the satisfaction of the Director of Public Works, if a new or expanded OWTS is proposed or required. F. Design Review Standards. 1. Duplex. All duplex residential development shall comply with the City's objective design standards in accordance with Section 17.06.090. 2. Single family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the Director of Community Development. a) Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited. b) Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color. c) If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail. d) Design Style. Additions or new construction shall comply with the following: (1) On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings. (2) If single family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes G. Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per City Council Resolution No. 03-63, as may be amended from time to time H. Denial. The Building Official may deny an application for an S139 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: -10- 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. I. Covenant. Prior to the issuance of a building permit for the development of an SB 9 two - unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed SB 9 two unit development would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; and 3. The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 4. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. J. The standards in this Section shall not be enforceable should they preclude the construction of up to two eight hundred (800) square foot units on a single lot. K. Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this Section shall be repealed. Section 5. A new Chapter 16.59 (Urban Lot Split) is hereby added to Title 16 (Subdivisions) of the Temecula Municipal Code to read as follows: "Chapter 16.59 URBAN LOT SPLIT -11- Section 16.59.010 — Purpose and Applicability Section 16.59.020 — Definitions Section 16.59.030 - Application and Approval Section 16.59.040 — Design and Improvement Requirements Section 16.59.050 — Access Standards Section 16.59.060 — Map Requirements Section 16.59.070 — Concurrent Processing with other Ministerial Permits Section 16.59.010 Purroose and Applicability. A. The purpose of this section is to allow for voluntary application(s) for Urban Lot Splits. On condition that Government Code Section 66411.7 is not repealed, qualifying Urban Lot Split in single family residential zones shall be developed in accordance with this Section. Section 16.59.020 Definitions. In addition to definitions contained in Chapter 17.34 (Definitions and Illustrations of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this Section. Where a conflict may exist, the definitions in this Section shall apply. A. "Flag lot" means a lot having access to a street by means of a private driveway access easement, or parcel of land not meeting the requirements of this development code for lot width, but having a dimension of at least twenty (20) feet at its narrowest point. B. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code. C. "Urban Lot Split" shall mean a parcel map subdivision of a single family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area. Section 16.59.030 Application and Approval. B. A parcel map for an urban lot split must be prepared by a registered civil engineer or licensed land surveyor in accordance with Government Code Sections 66444-66450 and this chapter, and submitted for approval to the City Engineer. A fee in the amount established by the City Council resolution must be paid concurrently with the submission of the parcel map. 1. A registered civil engineer may prepare the tentative parcel map however, the final parcel map must be signed by a licensed land surveyor. -12- C. The City Engineer is the approval authority for parcel maps under this chapter. The City Engineer shall approve a parcel map for an urban lot split if the City Engineer determines that it meets all of the requirements of this chapter. D. The City Engineer shall not approve an urban lot split for a parcel: 1 That is located within any of the prohibited areas identified in Section 17.06.120(C)(2); 2. If the proposed urban lot split would require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application; or (iv) Housing that has been occupied by a tenant in the last three years. 3. The parcel is located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. E. The following supplemental information is required to be submitted with a parcel map to establish compliance with the construction plans and all provisions of this Code and applicable State law: 1. A map of appropriate size and to scale showing all of the following: a) Total area (in acreage and square feet) of each proposed lot; b) Location and dimensions of existing and proposed property lines; c) Zoning district; d) The location and use of all existing and proposed structures; e) All required zoning setbacks for the existing and proposed lots; f) The location of all existing water, sewer, electricity, storm drain, or gas service lines, pipes, telephone, cable, systems, or easements; -13- g) The location of all proposed new water, sewer, storm drain, lines, pipes, telephone, cable, or systems; h) The location of any proposed easements for access or public utilities to serve a lot created by the subdivision; i) The location of all trees, their species and their Diameter at Breast Height (DBH); j) Any area of the parcel that has a slope of 15% or greater by way of contours at 2- foot intervals; k) Any area of the parcel that is a watercourse as defined in Section 895.1 of Title 14 of the California Code of Regulations; 1) Name and dimensions, including right-of-way and improved area, of public and private streets or public alleys adjoining the parcel; m) Curb, gutter, sidewalk, parkway, and street trees; type, location and dimensions; n) Location of existing or proposed driveway dimensions, materials, and slope (including cross slope); o) Location of existing or proposed pedestrian pathway access to the public right-of- way; p) Setbacks of structures, pools or spas on adjacent parcels that are less than 5 feet from the property line; and q) Location of non -utility easements including but not limited to access easements, maintenance easements, and similar easements for the access and/or maintenance of surrounding residential development. F. Prior to approval of a parcel map for an urban lot split, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following: 1. That the proposed urban lot split would not require or authorize demolition or alteration of any of the following types of housing: (1) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income (2) Housing that has been occupied by a tenant in the last three years. 2. The parcel has not been established through prior exercise of an urban lot split under this chapter; -14- 3. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel under the provisions of this chapter; 4. The owner intends to occupy one of the housing units located on a lot created by the parcel map as their principal residence for a minimum of three years from the date of the recording of the parcel map; 5. Rental terms of any unit created by the subdivision shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on 31-day period occupancy by the same tenant; 6. The uses allowed on a lot created by the parcel map shall be limited to residential uses; 7. Primary dwelling units located on the same lot are prohibited from being owned or conveyed separately from one another; 8. No more than two dwelling units of any kind shall be constructed or maintained on a lot that results from an urban lot split; 9. No subsequent urban lot split for lots that were previously created by an urban lot split under SB 9 are allowed; and 11. (i) That the deed restriction is for the benefit of and is enforceable by the City; (ii) That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns; (iii) That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) That, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official. Section 16.59.040 Design and Improvement Requirements. A. A parcel map may subdivide an existing legal parcel to create no more than two parcels of approximately equal lot area. One parcel shall not be smaller than 40% of the lot area of the original parcel proposed for subdivision and neither parcel shall be smaller than 1,200 square feet. The following areas are excluded from the calculation of lot area for the purposes of this subdivision: 1. Any area on the property that would not allow a permanent residential structure be constructed or placed upon the area due to easements, or any other form of recorded restriction that presently exists and which would be created by the proposed subdivision. B. Each parcel must be served by a separate water service meter and separate sewer connection. C. Each parcel shall drain to the street or to a developed drainage easement. D. Rights -of -way as required for access along all natural watercourses as necessary for flood control, maintenance, and improvement shall be dedicated. E. The parcel must satisfy the requirements of Government Code Section 66411.7(a). -15- F. A lot line shall not bisect or be located within four feet of any of the following: 1. Existing easements if the resulting lot would create a developable area that would interfere with the use of the easement for its intended purpose. G. The location and orientation of new lot lines shall meet the following standards: 1. Front lot lines shall conform to the minimum public street frontage requirements of the residential district, except as provided in Section H, (Flag Lots) below. 2. Each parcel shall have approximately equal lot width and lot depth, consistent with the minimum lot sizes described in subsection A above. Lot depth shall be measured at the midpoint of the front lot lines. Lot width shall be measured by a line connecting two points on the opposite interior lot lines that result in a line parallel to the front lot line. 3. Proposed lot lines shall be straight and free of jogs in alignment, with exceptions for the following: a) In the creation of a flag lot as provided in Section 16.59.040(H). b) When the creation of a straight lot line would intersect with an existing residential structure or a straight line would not result in lots compliant with Section 17.06.120(E). (1) In such cases, the lot line shall maintain a four foot setback from the existing or proposed residence for the purpose of access for property and building maintenance. (2) Such lot lines shall have the fewest number of turns possible to ensure reasonable property lines for residents. 4. Access easements for all properties and residences involved in the subdivision shall be recorded against the properties prior to any building permit issuance. a) Access easements greater than 150 feet in length shall provide a turnaround for emergency services per Title 15, Buildings and Construction, Chapter 15.16 Fire Code, D. Chapter 5: Fire Service Features, 503.2.5 Dead ends. 5. The maximum difference between the two lots created is a sixty (60), forty (40) split in area and both must be a minimum of twelve hundred (1,200) square feet. 6. New lot lines must be straight lines, unless there is a conflict with existing improvements or the natural environment in which case the line may not be straight but shall follow the appropriate course and use the least amount of turns as possible. 7. Lot lines facing a street shall generally be parallel to the street. Unless the minimum public street frontage is provided, the lot line dividing the two parcels must be parallel to and not less than 50 feet from an existing front lot line, or outside the front half of the existing lot, whichever is greater. -16- 8. Interior lot lines not facing the street shall be at right angles perpendicular to the street on straight streets, or radial to the street on curved streets. 9. Lot lines shall be located within appropriate physical locations such as at the top of creek banks, at appropriate topographical changes, such as at the top or bottom of slopes, or at locations which clearly separate existing and proposed land uses. 10. Lot lines shall be contiguous with existing zoning boundaries. 11. The placement of lot lines shall not result in an accessory building or accessory use on a lot without a main building or primary use on the same lot as defined in the Zoning Ordinance. 12. Lot lines shall not render an existing structure as nonconforming in any respect (setbacks, height, lot coverage, parking, etc.), nor increase the nonconformity of an existing nonconforming structure. 13. It is the intent of this section to permit urban lot splits. All urban lot splits proposed under this section shall be straight lines, with exceptions only for compliance with federal, state or local law. H. Flag lots. Flag lots shall be allowed for urban lot splits, subject to the following requirements: 1. Each flag lot created shall have at least a twenty (20) foot width at its most narrow point. 2. The creation of a flag lot shall not create: a) A legal nonconforming structure or use. b) A structure, existing or proposed, with setbacks from the proposed lot line of less than four feet. 3. Boundary monuments shall be installed for all flag lots. Section 16.59.050 Access Standards. A. Each lot shall front upon or have access to a public street or be served by an access easement serving no more than two lots. Access shall be provided in compliance with these standards: 1. Vehicle access easements serving a maximum of two units shall meet the following standards: a) Easement width shall be a minimum of 20 feet and a maximum of 16 feet, unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement, or as needed to meet the driveway and parking standards in the City's Parking Standards in Section 17.06.120(E)(14); b) The minimum length for a vehicle access easement is 20 feet wide. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than three feet to the easement. 2. Vehicle access easement serving three to four units shall meet the following standards: -17- a) Easement width shall be a minimum of 20 feet; b) The minimum length for a vehicle access easement is 20 feet. No maximum easement length shall be set. If easement length is more than 75 feet, a vehicle turnaround shall be provided; and c) No residential structure shall be closer than five feet to the easement. 3. Where a lot does not abut a public street, and where no automobile parking spaces are required or proposed for the residential development, a vehicle access easement is not required. An easement providing pedestrian access to a street from each lot shall be provided meeting the following standards: a) Easement width shall be a minimum of five feet; and b) Pedestrian access easements shall not exceed 200 feet in length. 4. Vehicle access easements shall not be located closer than 25 feet to an intersection. 5. Access and provisions for fire protection consistent with the California Fire Code shall be provided for all structures served by an access easement. 6. Surfacing of easements, pedestrian walkways required within easements, and turnaround dimensions shall meet the requirements of the Californian Fire Code, California Building Code, and the City's Parking and Design Standards in Section 17.24, Off -Street Parking and Loading. Section 16.59.060 Map Requirements. A. The content and form of a parcel map shall meet all the requirements of Government Code Sections 66444-66450, except as otherwise set forth in this Chapter. B. The parcel map shall show all easements for public utilities necessary to serve each lot created by the subdivision. C. The parcel map shall show all easements necessary to provide each lot with access to the public or private street or alley abutting the original parcel. D. The parcel map shall contain a declaration that: 1. Each lot created by the parcel map shall be used solely for residential dwellings; 2. No more than two residential dwelling units may be permitted on each lot. As used in this subsection, residential dwelling unit includes a unit created pursuant to Government Code Section 65852.21, a primary dwelling unit, an accessory dwelling unit as defined in Government Code Section 65852.2, or a junior accessory dwelling unit as defined in Government Code Section 65852.22. 3. Rental of any dwelling unit on a lot created by the parcel map shall not be less than 31 consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least one 31-day period occupancy by the same tenant. Section 16.59.070 Concurrent Processing with other Ministerial Housing Permits. A. No development, including grading or vegetation removal, shall commence on either lot, concurrent or subsequent to an urban lot split, unless it is approved with a valid building permit for the construction of a housing development and complies with all the objective development and design standards outlined for SB 9 two unit developments in Sections 17.06.090 or any other adopted objective design standards in effect at the time a complete application is submitted. B. A building permit for development on an urban lot split cannot be issued until the parcel map records. Ml C. The City Engineer shall deny an urban lot split if the building official has made a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Section 6. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Project: Under California Government Code sections Sections 65852.21, subdivision 0), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections Sections 66411.7 and 65852.21 regulating two -unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements Government Code Sections 65852.21 and 66411.7 these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment. Section 7. 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. Section 8. 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. after passage. Section 9. Effective Date. This Ordinance shall take effect thirty (30) days -19- 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] 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 day of , 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 -20- Notice of Public Hearin 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.: LR22-0158 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 TITLES 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO IMPLEMENT THE REQUIREMENTS OF S139 AND MAKE A FINDING THAT THE PROJECT IS EXEMPT FROM CEQA PER SECTION 15061(B)(3)." Environmental Action: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is categorically exempt from environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15061 (b)(3) if the ordinance is adopted. Case Planner: Matt Peters, (951) 694-6408 PLACE OF HEARING: 41000 Main Street, Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: November 15, 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. •CPA)s!nrorc�uroa.vl� AUTHENTICATED ELECTRONIC LEGAL MATERIAL Senate Bill No. 9 CHAPTER 162 An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use. [Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021.] LEGISLATIVE COUNSEL'S DIGEST SB 9, Atkins. Housing development: approvals. The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons. and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 Ch. 162 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or Iaw that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is Iocated within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective coning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state -mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA_ The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 — 3 — Ch. 162 This bill would exempt a Iocal agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state -mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons. The people of the State of California do enact as follows: SECTION 1. Section 65852.21 is added to the Government Code, to read: 65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements: (1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing: (A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. 94 Ch. 162 — 4 (5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions: (A) If a local ordinance so allows. (B) The site has not been occupied by a tenant in the last three years- (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section. (2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section: (1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor, as defused in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project ifthe building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 5 — Ch. 162 no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) A local agency shall require that a rental of any unit created pursuant to this section be for a tern longer than 30 days. (# Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (i) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply: (1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms "objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) "Local agency" means a city, county, or city and county, whether general law or chartered. 0) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section. SEC. 2. Section 66411.7 is added to the Government Code, to read: 66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements: 94 Ch. 162 — 6 — (1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. (2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet. (B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements: (A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing: (i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income_ (ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (iii) A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020_ 1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements: (1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 7 — Ch. 162 2 (commencing with Section 66410)), except as otherwise expressly provided in this section. (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights -of -way or the construction of offsitc improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split: (1) Easements required for the provision ofpublic services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances: (A) The parcel is located within one-half mile walking distance of either a high -quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code. (B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be Iimited to residential uses. (g) (1) A local agency shall require an applicant for an urban Iot split to sign an affidavit stating that the applicant intends to occupy one of the 94 Ch. 162 housing units as theirprincipal residence for a minimum of three years from the date of the approval of the urban lot split. (2) This subdivision snail not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. 0) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section. (2) For the purposes of this section, "unit" means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (e), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (1) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (1) of paragraph (2) of subdivision (a) of Section 65400. (m) For purposes of this section, both of the following shall apply: (1) "Objective zoning standards," "objective subdivision standards," and "objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay cones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) "Local agency" means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 9 — Ch. 162 considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. (o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section. SEC. 3. Section 66452.6 of the Government Code is amended to read: 66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements ofpublic rights -of -way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later, The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting_ The effective date of each annual adjustment shall be March 1. The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) "Public improvements; as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. 94 Ch. 162 —10 — (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider's application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. 94 -11— Ch. 162 (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate Iand use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following: (1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition ofreal property orany interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January I, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner. SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to Ievy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 Ch. 162 —12 — because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. 94 ORDINANCE NO.2022-03 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION 65852.21(J) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858. B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community. H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9. K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements: A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows: "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time. 2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time. 3. "Primary Residence" means the original dwelling on the property. 4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.'7. 5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9. 6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. B. Applicability: Ministerial Compliance Review. 1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code. 2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. 3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split. 4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. 5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements: 1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act. 2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance. 3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; C. Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required; f. Access to the public right-of-way shall be maintained in perpetuity; and g. All required parking shall be maintained. 4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit. D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards: 1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance. 2. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot. 3. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot. 4. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way. 5. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 6. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. 7. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. 8. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height. 9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area. 10. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21. 11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet. 12. An SB 9 Development Project shall not require the demolition or alteration of any of the following: 6 a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application. 13. A SB 9 Development Project shall not be permitted on a parcel located in: a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). j. Lands under conservation easement. k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public 8 Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City. 14. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. 15. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards: a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet. b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide. f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity. E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance. SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior . to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance. SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance. SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858. 10 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022. ATTEST: Randi Jo , y Clerk [SEAL] 1 1 Matt Rahn, Mayor 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) 1, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22nd day of February, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 12 CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Deputy City Manager DATE: March 8, 2022 SUBJECT: Issuance of a Public Report pursuant to Government Code Section 65858(d) regarding Interim Urgency Ordinance No. 2022-03 establishing regulations related to urban lot splits and housing units built in accordance with Senate Bill 9 PREPARED BY: Matt Peters, Senior Planner RECOMMENDATION: That the City Council issue this report pursuant to Government Code Section 6585(d). BACKGROUND: Government Code Section 65858(d) requires that "ten days prior to the expiration or extension of any interim zoning ordinance, the legislative body [City Council] must issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance." On February 22, 2022, pursuant to Government Code Section 65858, the Temecula City Council enacted Interim Urgency Ordinance No. 2022-03 to impose a moratorium on the approval of applications for housing development projects and urban lot splits permitted by Senate Bill 9, that do not meet the regulations and standards set forth in the ordinance. Absent any additional action by the City Council, the Interim Urgency Ordinance will expire after 45 days on April 8, 2022. However, extra time is necessary to thoroughly research and evaluate a permanent, non -urgency ordinance that updates/amends the Municipal Code establishing objective land use regulations and technical/design standards pertaining to SB 9 housing development projects and urban lot splits in the City. Therefore, City staff has scheduled and will notice of a public hearing for March 22, 2022 so that the City Council may consider extending the Interim Urgency Ordinance for a period of 10 months and 15 days, through and including February 22, 2023. In compliance with Government Code Section 65858(d), the City Council hereby issues this report for Interim Urgency Ordinance No. 2022-03. Measures taken to alleviate the conditions that led to the adobtion of Interim Urgencx Ordinance No. 2022-03: Since the Interim Urgency Ordinance was adopted, City Staff has continued its research on how best to implement SB 9 on a permanent basis in order to ensure that the City's varied and unique residential character is maintained while complying with the provisions of SB. City staff has begun identifying updates that will specifically address the housing development and design of structures and urban lot splits permitted by SB 9. While considering zoning and subdivision provisions, the City will be evaluating issues identified in the Interim Urgency Ordinance, including the following: • Further research and analyze the standards adopted by other jurisdictions; • Assess the compatibility of proposed structures and subdivisions with existing neighborhoods; • Determine an estimated number and location of new units resulting from implementation of SB 9; • Identify the potential for applying objective development standards created to address the new construction of multiple -family dwellings; • Determine the adequacy of City infrastructure to provide services including but not limited to the following: water; gas, electrical and cable utilities; sanitation; trash disposal; school capacity; and police and fire services; and • Evaluate the affordability of housing units that are constructed as a result of SB 9 in Temecula. At this time, a preliminary project schedule has been prepared that may include a study session and/or public hearing with the Planning Commission and City Council. The further evaluation of potential unexpected increases in residential density will be essential to ensure the health, safety and welfare of the community as well as to ensure the efficient and adequate delivery of governmental services. To ensure that regulations are in place while City staff drafts and the Planning Commission and City Council considers the adoption of a permanent ordinance, the Urgency Ordinance will need to be extended. This will serve to protect the City's unique residential character but also ensures the City's compliance with SB 9 as set forth in the statute. FISCAL IMPACT: There is no fiscal impact associated with the issuance of this report. ATTACHMENTS: None ORDINANCE NO. 2022-03 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 ESTABLISHING EMERGENCY REGULATIONS RELATED TO URBAN LOT SPLITS AND HOUSING UNITS BUILT IN ACCORDANCE WITH SENATE BILL 9, DECLARING THE URGENCY THEREOF AND MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION 65852.21(J) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. The City Council of the City of Temecula does find, determine and declare that: A. California state law allows a City to adopt an interim ordinance that imposes temporary restrictions on the approval of land use entitlements that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body or planning commission intends to study within a reasonable time. Pursuant to California Government Code Section 65858, this interim urgency zoning Ordinance must be adopted by not less than a four - fifths vote of the City Council and will be in effect for forty-five (45) days from the date of its adoption. The City Council may consider an extension of this interim Ordinance pursuant to the legal requirements provided in Government Code Section 65858. B. On September 16, 2021 California Governor Gavin Newsom signed SB 9, entitled the "California Home Act", into law, which establishes a series of new regulations to allow for ministerial approval of two units on parcels located in single-family residential zones as outlined in Government Code Sections 65852.21 and 66411.7. SB 9 took effect on January 1, 2022. C. SB 9 requires cities to ministerially approve a parcel map for an urban lot split and/or a proposed housing development containing a maximum of two residential units within a single-family residential zone, if the two -unit or subdivision project meets certain statutory criteria. SB 9 specifies that proposed projects and subdivisions cannot be proposed in prohibited locations under Government Code Section 65913.4(a)(6)(B)-(K), such as in an earthquake fault zone, lands under conservation easement, a federally designated flood plain, and high fire hazard severity zones as defined under state law. D. SB 9 further restricts the standards and regulations that local agencies may impose on qualifying two -unit or subdivision projects. In addition, SB 9 permits a local agency to deny a proposed two -unit or subdivision project only if the agency makes a written finding based on preponderance of the evidence that the proposed project would have a specific, adverse impact upon public health and safety or the physical environment, which is a very high standard for municipalities to meet under the statute. E. The City of Temecula's natural beauty, high quality of life, and diverse residential communities are uniquely valuable public resources. Some parcels within the City are also within high fire hazard severity zones, or other locations where increased density may cause safety concerns. The City has substantial interests in protecting the community against these hazards. Unregulated or disorderly development represents an ever-increasing and true threat to the health, welfare and safety of the community. F. SB 9 specifically authorizes local agencies to impose objective zoning, subdivision, and design standards consistent with the bill's provisions, and to adopt an ordinance to implement its provisions. The default standards contained in the new state law lack sufficient objective zoning, subdivision, and design standards to preserve the health, welfare and safety of the community. The City of Temecula desires to clarify the objective zoning and design standards that will apply to the ministerial review of qualifying urban lot splits and residential developments in the City's single-family residential zones. G. The City Council is concerned that under the City's current zoning standards and current general plan policies, the approval of qualifying urban lot splits and residential developments pursuant to SB 9 might cause a disproportionate public health, safety and welfare impact to the City of Temecula community and to its residents - including potential detrimental impacts on vehicular and pedestrian safety, emergency response, and housing affordability - without compensating benefits to the community. H. The City Council finds that studies need to be conducted to determine the proper location, concentration, regulations, and other land use regulatory controls that need to be in place in order to ensure that the approval of qualifying urban lot splits and residential developments pursuant to SB 9 does not burden the City and its residents and that the procedures for allowing such uses need to be studied to enable the City to address and mitigate potential burdens on the communities affected by these developments. I. The City Council finds that in order to best protect the immediate threat to the public health, safety, and welfare, it is necessary for the City to immediately study and analyze the implications of approving qualifying urban lot splits and residential developments pursuant to SB 9 in the City. J. To accomplish this, the City Council intends to impose, on an urgency basis, emergency regulations related to urban lot splits and residential developments proposed pursuant toSB9. K. These emergency regulations will allow City staff, the City Council, property owners, and the people of the City of Temecula sufficient time to analyze the burdens that urban lot splits and residential developments proposed pursuant to SB 9 will have on the City so that the appropriate land use regulatory controls and zone changes can be adopted if needed. During this period, the City will be able to analyze their potential impacts on the public health. The City Council finds that these studies will help the City Council and the City's Planning Department determine how best to prevent impacts to the public health, safety and welfare. The City Council further finds that these emergency regulations will allow time to evaluate the City's General Plan designations and policies, Housing Element programs, zoning measures or development standards and develop appropriate regulations for qualifying urban lot splits and residential developments in the City to achieve a reasonable level of assurance that there will not be serious negative impacts to the overall community and ensure positive outcomes for the City's residents, business community, property owners, and developers. L. The City Council finds that it is necessary that this interim Ordinance take effect immediately as there is a current and immediate threat to the public health, safety and welfare. Without this interim Ordinance, urban lot splits and residential developments proposed pursuant to SB 9 may be established in the City that may be in conflict with regulations ultimately adopted. Without this interim Ordinance, such urban lot splits and residential developments may be allowed to develop within the City that are incompatible with surrounding neighborhoods. Therefore, a current and immediate threat to the public safety, health and welfare exists. M. For the reasons specified above and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the approval of qualifying urban lot splits and residential developments pursuant to SB 9 in the City, and that the approval of any entitlement to allow such type of use would constitute a current and immediate threat to the public health, safety, and welfare of the residents of the City. SECTION 2. Adoption as an Urgency Interim Zoning Ordinance. This interim Ordinance is adopted as an urgency zoning ordinance pursuant to the provisions of Government Code Section 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim Ordinance, the City Council finds and determines that the adoption of this interim Ordinance as an urgency ordinance is necessary for the immediate preservation of public health, safety and welfare pursuant to the requirements of Government Code Sections 65858(a) and 36937(b). SECTION 3. Prohibition on SB 9 Projects that Fail to Comply with Certain Standards. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, SB 9 Development Projects, as defined herein, are prohibited unless the project complies with the following requirements: A. Definitions. For the purposes of this interim Ordinance, certain words and phrases are defined as follows: 1. "Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.2, as the same may be amended from time to time. 2. "Junior Accessory Dwelling Unit" has the same meaning ascribed in California Government Code Section 65852.22, as the same may be amended from time to time. 3. "Primary Residence" means the original dwelling on the property. 4. "SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code section 66452.6 and adds Government Code sections 65852.21 and 66411.7. 5. "SB 9 Development Project" consists of an Urban Lot Split or development project proposed pursuant to the regulations set forth in SB 9. 6. "Urban Lot Split" means a parcel map subdivision permitted pursuant to the regulations set forth in SB 9 that creates no more than two parcels of approximately equal size. B. Applicability: Ministerial Compliance Review. 1. Notwithstanding any other provision of the Temecula Municipal Code, the provisions of this interim Ordinance shall apply to SB 9 Development Projects and Urban Lot Splits that are proposed for lots in the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1 and L-2), and Low Medium Density Residential (LM) zoning districts, as well as areas within Specific Plans and Planned Development Overlay Areas that are limited to single family residential uses. Except as expressly provided in this interim Ordinance or SB 9, all other regulations of the underlying zone of a property developed pursuant to SB 9 shall apply, along with all other applicable regulations from the Temecula Municipal Code. 2. Proposed SB 9 Development Projects shall be subject to ministerial review by the Community Development Director or his designee to determine whether the criteria for approval have been met. An Urban Lot Split shall be processed as a parcel map, but no discretionary review or public hearing shall be conducted if all required criteria have been met. 3. Notwithstanding Government Code Section 66411.1, the City shall not require dedications of rights -of -way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an Urban Lot Split. 4. Applicants are required to submit an application, including any maps, records, or other documents required by the Community Development Director. Applicants must provide a sworn statement affirming eligibility with SB 9 regulations. 5. The City may, at the applicant's expense, conduct independent inquiries and investigation to ascertain the veracity of any or all portions of the sworn statement. C. General Requirements. A property owner seeking approval of an SB 9 Development Project shall comply with the following general requirements: 1. SB 9 and all objective requirements of other applicable state law including the Subdivision Map Act. 2. The Temecula Municipal Code, including Titles 16 (Subdivisions), 15 (Buildings and Construction) and 17 (Zoning), except as expressly provided in SB 9 or in this interim Ordinance. 3. Execution and recording of a covenant, supplied by the City and subject to the approval of the City Attorney, that contains the following provisions: a. Non-residential uses on the site shall be prohibited; b. The short term rental for periods less than 30 days of any units on the site shall be prohibited as provided in Section 17.06.030; Any subsequent Urban Lot Split of land that was previously subdivided with an Urban Lot Split shall be prohibited; d. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the owner of the property for which an Urban Lot Split is proposed shall sign an affidavit stating that the owner intends to occupy one of the housing units as their principal residence for at least three years from the date of the approval of the Urban Lot Split; e. Ongoing compliance with all SB 9 requirements and restrictions shall be required; f. Access to the public right-of-way shall be maintained in perpetuity; and g. All required parking shall be maintained. 4. If the SB 9 Development Project involves an Urban Lot Split, one of the two parcels created shall include a deed restriction for one income restricted dwelling unit that shall be rented or leased at an affordable rent for very low, low or moderate -income households (as defined in Health and Safety Code Section 50053). The deed restriction shall remain in place for a period of not less than fifty-five years. Upon request from the City, the property owner shall furnish a copy of the rental or lease agreement for the deed restricted unit. D. Objective Standards. All SB 9 Development Projects shall comply with the following objective standards: 1. All new development resulting from an urban lot split must comply with the City's Objective Design Standards adopted by City Council (Ordinance 2022-02, and City Council Resolution 2022-08 and their successor ordinances and resolutions), to the extent those standards are consistent with SB 9 and this Interim Ordinance. 2. For an urban lot split that results in only one new unit being developed on the lot, the new development shall match the existing primary dwelling unit's roof pitch; roof type shapes (e.g.; s-tiles, flat tiles, etc.); materials, and colors; siding/stucco finish and color; base materials (e.g.; rocks/brick on columns); window sizes and shapes; and trim material and color. 3. One enclosed or partially enclosed parking space is required for each unit created pursuant to the regulations in SB 9 and this interim Ordinance, unless the parcel upon which the unit is created is within one-half mile walking distance of a high quality transit corridor or a major transit stop or there is a car share vehicle located within one block of the project. Required parking for an Urban Lot Split lot shall be accessed via an alley, if there is an alley adjacent to the lot. 4. The new lot line must be a straight line starting from the front property line to the rear property line, or side if it is a corner lot. There shall be no curves or angles when subdividing a lot. 5. Non-public utility electrical elements such as wires, conduits, junction boxes, transformers, ballasts, and switch and panel boxes shall be concealed from view from adjacent public rights -of -way. 6. All flashing, sheet metal vents, and pipe stacks shall be painted to match the adjacent roof or wall material. 7. Pedestrian access to a public street or alley shall be provided with an exterior pedestrian pathway from the primary entrances of each unit to the adjoining sidewalk, street, or alley. 8. More than 25 percent of the exterior structural walls of a Primary Residence shall not be demolished if the Primary Residence has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. 9. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall exceed 16 feet and one story in height. 10. No unit created pursuant to the regulations in SB 9 and this interim Ordinance shall be more than 1,200 square feet in floor area. For the purposes of this interim Ordinance, basements shall count as floor area. 11. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall have a minimum four foot setback from all side and rear lot lines except as allowed by Government Code Section 65852.21. 12. Any units created pursuant to the regulations in SB 9 and this interim Ordinance shall be separated from any other units on the same lot by at least 10 feet. 13. An SB 9 Development Project shall not require the demolition or alteration of any of the following: a. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. C. Housing that has been occupied by a tenant in the three years prior to the submission of an SB 9 Development Project application. d. Housing units removed from the rental market under the Ellis Act within the 15 years prior to the submission of an SB 9 Development Project application. 14. A SB 9 Development Project shall not be permitted on a parcel located in: a. Prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation. b. Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). C. A very high fire hazard severity zone, as determined by the State Department of Forestry and Fire Protection pursuant to Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the State Department of Forestry and Fire Protection pursuant to Public Resources Code Section 4202. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Government Code Section 51179, or, sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. d. A hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Public Health, State Water Resources Control Board, or State Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. e. A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code. f. A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the City, or (2) the site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. g. A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no -rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. h. Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan. i. Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant 8 Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code). i. Lands under conservation easement. k. A historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or a site that is designated or listed as a local landmark or historic property or district by the City. 15. SB 9 projects shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee. 16. An Urban Lot Split shall comply with SB 9, the standards set forth above, and the following standards: a. No lot resulting from an Urban Lot Split shall be smaller than 1,200 square feet. b. No lot resulting from an Urban Lot Split shall have more than two residential units inclusive of any Accessory Dwelling Unit or Junior Accessory Dwelling Unit. C. The two lots resulting from an Urban Lot Split shall be approximately equal in size, and no smaller than 40 percent or larger than 60 percent of the lot area of the original parcel. d. No flag lots shall be created as a result of an Urban Lot Split if the subject property is adjacent to an alley, located on a corner, or on a through lot. e. The width of any lot resulting from an Urban Lot Split shall not be less than 20 feet wide. f. The proposed parcel map shall demonstrate the ability to access the public right-of-way in perpetuity. E. Exceptions. The Community Development Director shall approve an exception to any of the standards specified in this interim Ordinance upon determining that complying with the standard would physically preclude the construction of up to two residential units per lot or would physically preclude either of the two residential units from being 800 square feet in floor area. F. Denial. The Building Official may deny an application for an SB 9 Development Project upon making both of the following findings in writing based upon a preponderance of evidence: 1. The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2). 2. There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. SECTION 4. CEQA Finding. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that this interim Ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim Ordinance and the effects derivative from that adoption are exempt from the application of CEQA pursuant to State CEQA Guideline Section 15061(b)(3) (14 Cal. Code Regs. § 15061(b)(3)). This interim Ordinance will provide temporary emergency regulations related to SB 9 Development Projects and Urban Lot Splits in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant adverse environmental impacts during the term of the emergency regulations. There is no possibility that adopting this interim Ordinance will have a significant effect on the environment. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations and no environmental analysis is required. Furthermore, this interim Ordinance is exempt from the CEQA pursuant to Government Code Section 65852.210). The Community Development Director shall prepare and file a Notice of Exemption for this interim Ordinance. SECTION 5. Planning Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of the General Plan, zoning and other necessary regulatory controls over SB 9 Development Projects within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim Ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim Ordinance. SECTION 6. Extension of Time. The Community Development Director and the City Clerk's office shall undertake all actions legally necessary to extend this interim Ordinance in the event the studies desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim Ordinance. SECTION 7. Effect of Ordinance. This interim Ordinance is intended to supersede any ordinance or resolution of the City of Temecula in conflict with the terms of this interim Ordinance; provided, however, that nothing contained in this interim Ordinance is intended to nor shall be construed to impair the prosecution or other enforcement action for violations of such ordinances. SECTION 8. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this interim Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this interim Ordinance. The City Council hereby declares that it would have adopted this interim Ordinance, and each section, subsection, subdivision, sentence, 10 clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions thereof be declared invalid or unconstitutional. SECTION 9. Effective Date. This interim Ordinance shall take effect immediately upon its passage. It shall be of no further force or effect forty-five (45) days from the date of its adoption unless extended pursuant to the legal requirements contained in Government Code Section 65858. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 22nd day of February, 2022. ATT Randi Johl, City Clerk [SEAL] 1 Matt Rahn, Mayor 1 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. 2022-03 was duly adopted and passed as an interim urgency ordinance at a meeting of the City Council of the City of Temecula on the 22°d day of February, 2022, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Edwards, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk 12