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HomeMy WebLinkAbout022013 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 20, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Earlene Bundy Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 13-02 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC 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 Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of February 6, 2013 1 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning 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, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 2 Long Range Planning Project No. LR12-0013, a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing consistent with State law, Dana Weaver RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- 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 OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING" (LONG RANGE PLANNING PROJECT NO. LR12- 0013 REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 6, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. 2 Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.oro — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 3 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET FEBRUARY 6, 2013 — 6:00 PM PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll CaII: CONSENT CALENDAR 1 Minutes RECOMMENDATION: Earlene Bundy Commissioner Harter Carey, Guerriero, Harter, Kight, and Telesio 1.1 Next in Order: Resolution: 13-01 Approve the Action Minutes of December 19, 2012 APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED UNANIMOUS APPROVAL COMMISSION BUSINESS 2 Highway 395 Corridor Study for Southwest Riverside County (Long Range Planning Project LR10-0017), Dale West RECOMMENDATION: 2.1 Receive and file RECEIVE AND FILE PUBLIC HEARING ITEMS Any person may submit written comments to the Planning 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 hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning 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, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 1 3 Planning Application No. PA12-0224, a Major Modification to the existing Hine Mazda Development Plan to add a 2,040 square foot sales building for Hine Subaru, located at 42050 DLR Drive, Kenny Taylor APPROVED 5-0; MOTION BY COMMISSIONER KIGHT, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0224, A MAJOR MODIFICATION TO THE EXISTING HINE MAZDA DEVELOPMENT PLAN TO ADD A 2,040 SQUARE FOOT SALES BUILDING FOR HINE SUBARU AT 42050 DLR DRIVE (APN 921-730-066) REPORTS FROM COMMISSIONERS DIRECTOR OF DEVELOPMENT SERVICES REPORT ADJOURNMENT Next regular meeting: Wednesday, February 20, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John Telesio Chairman 2 Patrick Richardson Director of Development Services STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: February 20, 2012 PREPARED BY: Dana Weaver, Case Planner PROJECT Long Range Planning Project No. LR12-0013, an Ordinance of the SUMMARY: City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code RECOMMENDATION: That the Planning Commission recommends that the City Council adopt an Ordinance amending portions of Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing CEQA: Negative Declaration BACKGROUND SUMMARY The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Temecula General Plan. The following proposed amendments are consistent with the General Plan, the 2008-2014 Housing Element Update adopted on July 27, 2010, and all applicable provisions contained therein. ANALYSIS During the last planning period for the Housing Element, staff identified several amendments to the City of Temecula Zoning Ordinance (Development Code) that are required to comply with State law and satisfy the California Department of Housing and Community Development (HCD), who reviews and certifies the Housing Element. Accordingly, several programs were adopted within the Housing Element that committed the City to processing the appropriate amendments. These programs include amendments to designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy (SRO) housing, establish development standards for single -room occupancy housing, and define certain housing -related terms. An overview of the proposed changes to the Temecula Development Code to bring the Code into compliance with State housing law is provided below: Residential Care Facilities Housing element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of housing types. Pursuant to SB 520 and the City's adopted 2008- 2014 Housing Element, the City is required to ensure residential care facilities (serving seven or more) are permitted no differently than other by -right housing uses. The proposed Ordinance therefore amends Section 17.06.030 to add residential care facilities serving seven or more persons as a permitted use in the Medium (M) and High (H) density residential zoning districts, and as a conditionally permitted use in all other residential zoning districts (HR, RR, VL, L-1, L- 2, LM, and HR -SM). Transitional and Supportive Housing Pursuant to SB 2, local jurisdictions must remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code Section 65584, and from meeting the need for transitional and supportive housing. Specifically, housing element law states that these housing types must be treated as residential uses subject only to the same permit processing procedures as other housing in the same zone. Currently, the City facilitates the development of transitional housing by permitting such facilities in the Medium (M) and High (H) density residential districts by right without a conditional use permit or other discretionary action. This residential housing type is also permitted in all other residential districts with a Conditional Use Permit. In order to comply with statutory requirements of SB 2, and the City's adopted 2008-2014 Housing Element, the proposed Ordinance amends Section Section 17.08.030 to add transitional housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts subject only to the same permit processing procedures as other housing in those same zones. Currently, the Temecula Municipal Code does not provide for supportive housing within the City. Supportive housing is defined as permanent, affordable housing linked to health, mental health, employment, and/or other support services. The City has a legal obligation to address the housing needs of these groups. In order to comply with statutory requirements of SB 2 and the City's adopted 2008-2014 Housing Element, the proposed Ordinance amends Section 17.06.030 to add supportive housing as a permitted uses in the Medium (M) and High (H) density residential zoning districts, and as a conditionally permitted use in all other residential zoning districts (HR, RR, VL, L-1, L-2, LM, and HR -SM). Additionally, the proposed Ordinance amends Section 17.08.030 to add supportive housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts. Single -Room Occupancy (SRO) Housing In 2007, HCD issued a memorandum clarifying SB 2 zoning requirements for housing. Statutes of 2007 SB2 strengthened State housing element law to ensure local jurisdictions encourage and facilitate the development of a variety of housing types with units affordable to all segments of the population including single -room occupancy (SRO) housing. Currently, the Temecula Municipal Code does not provide for SRO housing within the City. In order to comply with statutory requirements of SB 2 and address State law concerning SROs, the City proposes to allow for SRO facilities to operate as a permitted use in two residential zones and may allow it as a conditionally permitted use in other zoning districts subject to similar development and management standards that apply to residential uses within the same zoning district. Therefore, the proposed Ordinance amends Section 17.06.030 to add single -room occupancy housing as a permitted use in the Medium (M) and High (H) density residential zoning districts, and amends Section 17.08.030 to add single -room occupancy housing as conditionally permitted in the Community Commercial (CC) and Professional Office (PO) zoning districts. 2 Additionally, the proposed Ordinance would add a new section for single -room occupancy development standards designed to ensure the orderly development of, and/or conversion to, single -room occupancy housing units. The new development standards include provisions for unit size, kitchen and bathroom facilities, on-site management, parking, and proximity to other SROs. The proposed language for a new section is provided below: Section 17.10.025 Single -Room Occupancy Housing Development Standards A. Purpose and Intent. When allowed by Sections 17.06.030 and 17.08.030 in the zone applicable to a site, a Single -Room Occupancy (SRO) Housing facility at a fixed location is subject to the requirements of this section. It is the purpose of this section to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units. B. Location. Single -room occupancy housing units shall not be located within three hundred (300) feet of any other single -room occupancy housing facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot. C. Development Standards. Each unit shall be a minimum of 150 square feet and a maximum of 400 square feet. Each unit shall accommodate a maximum of two persons. Adequate exterior security lighting shall be provided. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units, with at least one washer and one dryer per floor. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. Bathroom. Each unit shall contain full bathroom facilities. A full in -unit bathroom facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower combination. Kitchen. Each unit shall contain a full or partial in -unit kitchen. A full in -unit kitchen facility shall include a sink, a refrigerator, and a stove, range top and/or oven. If a full in - unit kitchen is not provided, a common kitchen shall be provided with at least one full kitchen per floor. Closet. Each unit shall have a separate closet. D. Operating Standards. 3 An SRO facility with 10 or more units shall provide on-site management. Each SRO facility shall have a management plan to assure: 1. The presence of an on-site twenty -four-hour manager or alternative which affords residents the same level of service and security; 2. Short- and long-term physical maintenance of the building and its grounds; 3. That operations, rental procedures and staffing contribute to and promote a high quality of life for residents; 4. The safety and security of residents and their property. E. Parking. Off-street parking for tenants shall be provided based upon a demonstrated need; however, the parking standard shall not require more parking than for other residential or commercial uses within the same zone. Each SRO facility shall provide one space for each SRO unit, one space for the on-site manager where required, and one space for each additional employee. All parking is required to be off-street and on-site. E. Tenancy. Tenancy of SRO units shall be limited to 30 or more days, and therefore no less than on a monthly basis. G. Existing Structure. An existing structure may be converted to an SRO facility consistent with the provisions of this Section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards. Housing -Related Terms In order to comply with housing element law and all statues of SB 2, the City is also required to define certain housing -related terms in Section 17.34.010 of Development Code. Therefore, the proposed Ordinance amends Section 17.34.010 to add the following definitions: "Family" means one or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non -transient interactive group, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses). 4 "Single -Room Occupancy (SRO) Housing" means any residential building containing five or more individual secure rooms intended or designed to be used, or which are used, rented, or hired out, to be occupied for sleeping purposes by residents as their primary residence. Transitional Housing" means a residential facility that provides rental housing accommodations and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services. "Supportive Housing" means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on January 25, 2013. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an Initial Study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. FINDINGS The Planning Commission, in recommending approval of the proposed Municipal Code amendments in Long Range Planning Project No. LR12-0013, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance designates residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance designating residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: 5 Policy 2.3: Encourage the use of non-traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing; and Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single - parent households, and the homeless. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element, and with the Temecula General Plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A - CC Ordinance Initial Study Notice of Public Hearing 6 PC RESOLUTION NO. 13- 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 OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING" (LONG RANGE PLANNING PROJECT NO. LR12-0013) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 20, 2013 the Planning Commission identified a need to amend Title 17 of the Temecula Municipal Code to define certain housing -related terms, designate zoning districts for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing (Long Range Planning Project No. LR12-0013). B. The Ordinance 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 Ordinance and environmental review on February 20, 2013, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support 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 Long Range Planning Project No. LR12-0013 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Ordinance hereby finds, determines and declares that: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance designates residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance designating residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: I. Policy 2.3: Encourage the use of non-traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. 2. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing; and 3. Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single -parent households, and the homeless. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Ordinance: A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Ordinance, as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on January 31, 2013, and expired on February 19, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 41000 Main Street, Temecula, California 92590. C. written comment(s) were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the February 20, 2013, public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council adopt a Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of February, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of February, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary ORDINANCE NO. 13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO DEFINE CERTAIN HOUSING -RELATED TERMS, DESIGNATE ZONING DISTRICTS FOR RESIDENTIAL CARE FACILITIES, TRANSITIONAL, SUPPORTIVE, AND SINGLE -ROOM OCCUPANCY HOUSING, AND ESTABLISH DEVELOPMENT STANDARDS FOR SINGLE -ROOM OCCUPANCY HOUSING (LONG RANGE PLANNING PROJECT NO. LR12-0013) WHEREAS, the State Legislature has declared that the lack of housing, including providing for a variety of housing types for all income levels and special needs groups, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including providing for a variety of housing types for all income levels, and that the City facilitate the permitting of transitional housing, supportive housing, and single -room occupancy housing; and WHEREAS, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to define certain housing -related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing units. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on February 20, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 13- , recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on March 12, 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR12-0013 hereby makes the following findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance designates residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts. The amendment to Title 17 of the Temecula Municipal Code has been designed to be consistent with State Housing Law, the Temecula Housing Element, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance designating residential care facilities, transitional, supportive, and single -room occupancy housing as permitted and conditionally permitted uses in appropriate residential and commercial zoning districts has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: 1. Policy 2.3: Encourage the use of non-traditional housing models, including single -room occupancy structures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter, and/or transitional housing. 2. Policy 5.2: Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing; and 3. Policy 5.3: Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly, persons with disabilities, large families, single -parent households, and the homeless. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element, and with the Temecula General Plan and all applicable provisions contained therein. -2- Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code ("Project"). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on January 31, 2013 and expired on February 19, 2013. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the March 12, 2013 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 4. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential Care Facilities (seven or more)," "Supportive Housing," and "Single -Room Occupancy Housing" as permitted uses in the Medium (M) and High (H) density residential zoning districts. Section 5. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive Housing" and "Residential Care Facilities (seven or more)" as conditionally permitted uses in all other residential zoning districts (HR, RR, VL, L-1, L-2, LM, and HR -SM). Section 6. Table 17.08.030 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Supportive Housing," "Single -Room Occupancy Housing," and "Transitional Housing" as conditionally permitted uses in the Community Commercial (CC) and Professional Office (PO) zoning districts. Section 7. A new Section 17.10.025 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.10.025 Single -Room Occupancy Housing Development Standards A. Purpose and Intent. -3- When allowed by Sections 17.06.030 and 17.08.030 in the zone applicable to a site, a Single -Room Occupancy (SRO) Housing facility at a fixed location is subject to the requirements of this section. It is the purpose of this section to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units. B. Location. Single -room occupancy housing units shall not be located within three hundred (300) feet of any other single -room occupancy housing facility, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot. C. Development Standards. 1. Each unit shall be a minimum of 150 square feet and a maximum of 400 square feet. 2. Each unit shall accommodate a maximum of two persons. 3. Adequate exterior security lighting shall be provided. 4. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every twenty units, with at least one washer and one dryer per floor. 5. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility. 6. Bathroom. Each unit shall contain full bathroom facilities. A full in - unit bathroom facility shall have a toilet, sink, and bathtub or shower, or bathtub/shower combination. 7. Kitchen. Each unit shall contain a full or partial in -unit kitchen. A full in -unit kitchen facility shall include a sink, a refrigerator, and a stove, range top and/or oven. If a full in -unit kitchen is not provided, a common kitchen shall be provided with at least one full kitchen per floor. 8. Closet. Each unit shall have a separate closet. D. Operating Standards. An SRO facility with 10 or more units shall provide on-site management. Each SRO facility shall have a management plan to assure: 1. The presence of an on-site twenty -four-hour manager or alternative which affords residents the same level of service and security; grounds; 2. Short- and long-term physical maintenance of the building and its -4- 3. That operations, rental procedures and staffing contribute to and promote a high quality of life for residents; 4. The safety and security of residents and their property. E. Parking. Off-street parking for tenants shall be provided based upon a demonstrated need; however, the parking standard shall not require more parking than for other residential or commercial uses within the same zone. Each SRO facility shall provide one space for each SRO unit, one space for the on-site manager where required, and one space for each additional employee. All parking is required to be off-street and on- site. F. Tenancy. Tenancy of SRO units shall be limited to 30 or more days, and therefore no less than on a monthly basis. G. Existing Structure. An existing structure may be converted to an SRO facility consistent with the provisions of this Section. Any such conversion must bring the entire structure up to current building code standards, including accessibility and adaptability standards." Section 8. Section 17.34.010 of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following definitions: "Family" means one or more persons living together as a single housekeeping unit in a single dwelling unit. Family also means the persons living together in a licensed residential facility, as that term is defined in California Health & Safety Code Section 1502(a)(1) serving six or fewer persons, excluding the licensee, the members of the licensee's family, and persons employed as facility staff who reside at the facility. "Single Housekeeping Unit" means the functional equivalent of a traditional family, whose members are a non -transient interactive group, where such persons jointly occupy a single dwelling unit, jointly use common areas, and share household activities and responsibilities (e.g., meals, chores, and expenses). "Single -Room Occupancy (SRO) Housing" means any residential building containing five or more individual secure rooms intended or designed to be used, or which are used, rented, or hired out, to be occupied for sleeping purposes by residents as their primary residence. "Transitional Housing" means a residential facility that provides rental housing accommodations and support services for persons and families, but restricts occupancy to no more than 24 months. Support services may include meals, counseling, and other services. -5- "Supportive Housing" means a facility that provides housing with no limit on length of stay, that is occupied by the target population as defined by Section 50675.14 of the California Health and Safety Code, and that is linked to onsite or offsite services that assist tenants in retaining housing, improving their health status, maximizing their ability to live and, when possible, work in the community. Section 9. 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 10. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 11. This Ordinance shall take effect thirty (30) days after passage. -6- PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2013. Michael S. Naggar, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 13- 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 , 2013, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: -7- Susan W. Jones, MMC City Clerk City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: Housing Element Implementation Ordinance APPLICANT: City of Temecula LOCATION: Citywide, City of Temecula, County of Riverside DESCRIPTION: The project consists of a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to revise and enhance housing requirements to be consistent with State law; define certain housing -related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the City Council intends to adopt a Negative Declaration for this project. The comment period for this proposed Negative Declaration is January 31, 2013 to February 19, 2013. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, 41000 Main Street, Temecula, CA 92590. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site ❑Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Dana Weaver at (951) 693-3928. Prepared by: (Signature) (Title) City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Development Code Amendment, Long Range Planning Project No. LR12-0013 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Dana Weaver, Associate Planner (951) 693-3928 Project Location Citywide Project Sponsor's Name and Address City of Temecula, 41000 Main Street General Plan Designation N/A Zoning N/A Description of Project A proposed ordinance amending portions of Title 17 (Zoning) of the Temecula Municipal Code to revise and enhance housing requirements to be consistent with State law; define certain housing - related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single - room occupancy housing. The proposed amendments define the use regulations and create a discretionary procedure for facilitating the development of these residential uses consistent with State and Federal housing laws. N/A Surrounding Land Uses and Setting Other public agencies whose approval is required N/A 1 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Noise Air Quality Population and Housing Public Services Biological Resources Greenhouse Gas Emissions Recreation Cultural Resources Geology and Soils Hazards and Hazardous Materials Transportation and Traffic Utilities and Service Systems Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Dana Weaver Printed Name 2 / /zr/2 i3 Date City of Temecula For 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Have a substantial adverse effect on a scenic vista? b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Substantially degrade the existing visual character or quality of the site and its surroundings? X X c d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a -b. No Impact: A scenic vista is defined as a public view of highly valued visual and scenic resources, such as distant mountain ranges. The City of Temecula contains several scenic vistas, including the western escarpment and southern ridgelines, the Santa Margarita River, and various hillside slopes. The project is an ordinance that makes minor policy changes to the Zoning Code. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. Any effect resulting from specific future developments would be speculative at this time. By itself, the code amendment will not fundamentally alter the nature of the physical land use and the General Plan protects visual resources. The proposed ordinance will not result in a substantially adverse effect on scenic vistas, including views along a scenic highway or scenic corridor. No impacts are foreseen; therefore, no mitigation is required. 1.c. No Impact The proposed ordinance will not substantially degrade the existing visual character or quality of the sites and its surroundings. The amendment to the Zoning Code will not result in substantial impacts that are out of character in comparison to other adjacent residential uses. The project is a proposed amendment to the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs, and may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. The procedure is not site-specific and does not propose any particular development. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. Thus, any impacts resulting from future developments would be speculative at this time. No impacts are foreseen; therefore, no mitigation is required. 1.d. No Impact: The proposed ordinance will not create new sources of light or glare that could adversely affect day or nighttime views in the area. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable, and lighting issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. No impacts are foreseen at this time and any attempt to determine the impacts would be speculative; therefore, no mitigation is required. 3 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? b c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(8)? Result in the loss of forest land or conversion of forest land to non -forest use X X d e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? X Comments: 2.a. No Impact: The proposed ordinance will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural. According to Figure 5.2-1 (Agricultural Resources) of the Temecula General Plan Update Final Environmental Impact Report (March 2005), the majority of the Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located to the east of the City in Wine Country and to the north, within French Valley. The proposed ordinance will not result in development in these areas, and none of these designations will be affected by a future residential development. No impacts are foreseen; therefore, no mitigation is required. 2.b. No Impact: Williamson Act contracts are located throughout the City of Temecula planning areas and much of the land east of the City is used as vineyards or as citrus and avocado groves. Future requests for residential development are subject to City environmental and land use standards and require the appropriate permits and approvals by the City Planning Department. In addition, future requests are subject to project - level CEQA review, as applicable. The proposed ordinance will not result in development in these areas, and none of these designations will be affected by a future residential development. No impacts are foreseen; therefore, no mitigation is required. 4 2.c -d. No Impact: Forest land is defined as land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation and other public benefits. The project is an ordinance that makes minor policy changes to the Zoning Code. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable, and will not affect a Timberland Production Zone as defined by Section 51104(g) of the Government Code. Implementation of the proposed ordinance will not conflict with existing zoning for forest land, timberland or timberland zoned "Timberland Production," nor will it result in the loss of forest land. No impacts are foreseen; therefore, no mitigation is required. 2.e. No Impact: Future requests for residential development are subject to City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department and/or Building Department. A code amendment cannot fundamentally alter the nature of the physical land use and the General Plan protects farmland from conversion to non-agricultural uses. The granting of a future residential development will not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non - forest use. In addition, the proposed ordinance only allows for the development of residential care facilities, residential care facilities, transitional housing, supportive housing, and SROs in appropriate zoning districts. The project will not involve the conversion of agricultural land. No impacts are foreseen; therefore, no mitigation is required. 5 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X a Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? b c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant. concentrations? X X d e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. No Impact: The proposed ordinance is subject to the standards set forth in the Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB). The proposed project is also subject to the requirements of the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). Future requests for residential development are subject to City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department. A code amendment cannot fundamentally alter the nature of the physical land use and the General Plan is consistent with goals of the South Coast Air Quality Management Plan. Any future residential development of this type is not likely to conflict with or obstruct the implementation of the applicable air quality plan. Since the administrative procedure established by the proposed ordinance is not site-specific and does not propose any particular development, no impacts are foreseen. An attempt to determine specific impacts at this point would be speculative; therefore, no mitigation is required. 3.b. No Impact: Future requests for residential development are subject to City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department. Since all future residential development applications resulting from the proposed ordinance will be required to comply with Air Quality standards and thresholds, the project will not result in any significant adverse air quality impact. A code amendment cannot fundamentally alter the nature of the physical land use and the General Plan discourages impacts associated with violating air quality standards or contributing significantly to existing or projected air quality violations. No impacts are foreseen. An attempt to determine specific impacts at this point would be speculative; therefore, no mitigation is required. 3.c. No Impact In addressing cumulative effects for air quality, the SCAQMD Air Quality Management Plan is the most appropriate document to use because it sets forth comprehensive programs that will lead the South Coast Air Basin into compliance with all federal and state air quality standards. It also utilizes control measures and related emission reduction estimates based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Future requests for residential development are subject to City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department. Since all future residential development will be in conformance with the AQMP and the proposed ordinance is not significant on an individual basis, it is appropriate to conclude that the project's 6 incremental contribution to criteria pollutant emissions is not cumulatively considerable. No impacts are foreseen; therefore, no mitigation is required. 3.d. No Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. The proposed ordinance would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. It is not site-specific, does not propose any particular development, and will not generate substantial pollutant concentrations. Thus, there is no opportunity for any exposure. The project will not result in any significant impact. No impacts are foreseen; therefore, no mitigation is required. 3.e. No Impact: Implementation of the proposed ordinance will not create objectionable odors. The project is an ordinance that makes minor policy changes to the Zoning Code. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable, and construction odor issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. An attempt to determine specific impacts at this point would be speculative. Thus, no impacts are foreseen and no mitigation is required. 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X X d e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. No Impact: Although there are many areas within the City of Temecula that are relatively natural and undisturbed, the proposed ordinance would not grant residential development in such areas. The project is an ordinance that makes minor policy changes to the Zoning Code. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. The project or any future residential development resulting from the new regulations is not likely to have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service. Future residential development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. Any impacts would be addressed through project -level CEQA review and any attempt to determine specific impacts at this point would be speculative. No impacts are foreseen; therefore, no mitigation is required. 4.b. No Impact: The City of Temecula contains several areas with riparian habitat and/or other sensitive natural communities. Riparian/Riverine areas are lands that contain habitat dominated by trees, shrubs, persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon, 8 soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year. Implementation of the proposed ordinance will not likely have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service. Furthermore, the code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. Future residential development requests are subject to project -level discretionary application and CEQA review, as applicable, and are not likely to be located in a major riparian or other sensitive habitat (e.g. coastal sage scrub, oak woodlands, etc.). No impacts are foreseen; therefore, no mitigation is required. 4.c. No Impact: To be considered a wetland, a site must contain hydric soils, wetland hydrology, and hydrophytic vegetation. Hydric soils are defined by the national Technical Committee as soils that formed under conditions of saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present. Implementation of the proposed ordinance will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Future residential development requests are subject to project -level discretionary application and CEQA review, as applicable. Any impacts would be addressed through project -level CEQA review. No impacts are foreseen; therefore, no mitigation is required. 4.d -f. No Impact: The MSHCP is a comprehensive, multi -jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The project is a proposed amendment to the Zoning Code to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. The project or any future residential development resulting from the new regulations is not likely to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or conflict with the provisions of an adopted Habitat Conservation Plan. A code amendment cannot fundamentally alter the nature of the physical land use and the General Plan protects against alteration of natural and sensitive habitats. Any impacts would be addressed through project -level CEQA review, as applicable. No impacts are foreseen; therefore, no mitigation is required. 9 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological _resource or site or unique geologic feature? Disturb any human remains, including those interred outside of formal cemeteries? X X d Comments: 5.a. -b. No Impact: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic resources that are assessed as being "significant" insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. There are areas that contain known archaeological resources or that contain features, (drainage course, rock outcroppings, or oak trees), which indicate potential archaeological sensitivity within the City of Temecula. The proposed ordinance is not likely to facilitate a project in an area that contains known historical or archaeological resources. The project is a proposed amendment to the Zoning Code to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. The procedure does not propose any particular development. Moreover, a code amendment cannot fundamentally alter the nature of the physical land use and Zoning Code and the General Plan protects historical and archaeological resources. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 5.c. No Impact: Future residential development requests are subject to project -level discretionary application and CEQA review, as applicable. Any impacts would be addressed through project -level CEQA review. A code amendment cannot fundamentally alter the nature of the physical land use and the General Plan protects unique paleontological resources or sites, and unique geologic features. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 5.d. No Impact: Future residential development requests are subject to project -level discretionary application and CEQA review, as applicable. Any impacts would be addressed through project -level CEQA review. If a future residential development was on a site that had the potential to disturb any human remains, including those interred outside of formal cemeteries, the project would be subject to mitigation regarding the handling of the remains. No impacts are foreseen; therefore, no mitigation is required. 10 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: X X i Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii Strong seismic ground shaking? Seismic -related ground failure, including liquefaction? X X iii iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X X e Comments: 6.a.i-iv. No Impact: The proposed ordinance is not expected to result in significant impacts from exposing people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known active fault zone, seismic hazard zone or Alquist-Priolo Earthquake Fault Zone. Although the City of Temecula lies within a general region of known fault zones and seismic activity, the project is a proposed amendment to the Zoning Code to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. The code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. Future requests for residential development are subject to the California Building Code (CBC) and require appropriate approvals from the City's Public Works Department, including preparing a geotechnical report if the accommodation is located in a fault zone. In addition, future requests for residential development are subject to project -level CEQA review, as applicable. If a future project were to be located within area with active or potentially active faults, seismic ground shaking and/or related ground failure including liquefaction, or landslides, the project -level CEQA review would address impacts, and mitigation may be required. Furthermore, future request are subject to the state law, which prohibits structures for human occupancy within 50 feet of an active fault trace. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. Nonetheless, the Elsinore fault, an Alquist-Priolo Earthquake Fault Zone, traverses the City of Temecula (2005 City of Temecula General Plan, PS -6). The existence of known fault zones creates the potential for seismic hazards. The degree of seismic ground shaking would depend on the characteristics of the earthquake, 11 including the generating fault, the distance to the epicenter, the magnitude of the earthquake, and the site- specific conditions. Compliance with the CBC includes the incorporation of seismic safety features, such as proper building footings and proper structure, and a registered engineer would review the future request to ensure that all required earthquake safety measures are incorporated in the design of any residential dwelling development. Such compliance with existing standards would ensure an adequate level of protection from seismic hazards. No impacts are foreseen; therefore, no mitigation is required. 6.b. No Impact The underlying surficial geology in Temecula is predominantly composed of well -drained fine sandy loams, sandy loams and gravelly silt loams. Soils characterized by low permeability or high run-off are susceptible to erosion (2005 City of Temecula General Plan, PS -10). Future requests for residential development are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of transitional housing, supportive housing, and SRO development would be addressed through a project -level CEQA review. If a future residential development were to be located on a site susceptible to soil erosion, short-term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activity Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on-site and off-site erosion. No impacts are foreseen; therefore, no mitigation is required. 6.c. No Impact Subsidence occurs when earth material shrinks due to natural or artificial removal of underlying support. This process occurs in poor, unconsolidated soils and poorly compacted fill areas. The potential for liquefaction in an area is a function of the soil type and depth of groundwater. Poorly consolidated soils combined with groundwater during an earthquake can result in lateral spreading, subsidence, liquefaction or collapse. The potential for subsidence and liquefaction exists along Santa Gertrudis and Temecula Creek (2005 Temecula General Plan, PS -9-10). Although there are areas in Temecula that may not be suitable for development, the proposed ordinance is for a code amendment to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. Future requests for these types of residential developments are not expected to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Future residential development is subject to the California Building Code (CBC), which requires safety measures to be undertaken in the design and construction of projects for human occupancy. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 6.d. No Impact: The proposed ordinance designates permitted land uses and creates a discretionary procedure, which would not result in creating substantial risks to life or property in relation to the location of expansive soils. Future requests for residential development are subject to project -level CEQA review, the CBC, and may require appropriate approvals from the City's Public Works Department. Therefore, if a future residential development were to be located on expansive soil, as defined by in Table 18-1-B of the Uniform Building Code, it would be addressed through a project -level CEQA review. Furthermore, a code amendment cannot fundamentally alter the nature of the land use and the General Plan discourages risks to life and property. Thus, no impacts are foreseen and no mitigation is required. 6.e. No Impact: The proposed ordinance designates certain residential land uses as permitted in various zoning districts and creates a discretionary procedure for regulating these uses. The project will not result in the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No impacts are foreseen; therefore, no mitigation is required. 12 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Comments: 7.a -b. No Impact At this time there are no adopted statewide thresholds for greenhouse gas emission (GHG) impacts. The project, a proposed ordinance, a code amendment to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs will not generate greenhouse gas emissions, either directly or indirectly, or conflict with AB 32 State goals for reducing GHG emissions. It is not anticipated that future granting of residential development would have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non- cumulative greenhouse gas emission impacts for a climate change perspective (CAPCOA, 2008). In addition, future requests for residential developments are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of residential development would be addressed through a project - level CEQA review. Since the administrative procedure established by the proposed Ordinance is not site- specific and does not propose any particular development, any impact would be speculative at this point. The City of Temecula does not have any plans, policies or regulations adopted for the purpose of reducing the emissions of GHGs. The project is expected to have no impact with regard to greenhouse gas emissions; therefore, no mitigation measures are required. 13 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a si.nificant hazard to the .ublic or the environment? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X Comments: 8.a. No Impact: The proposed Ordinance, a code amendment to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs will not result in development that would create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The granting of future residential development projects consistent with the land use regulations permitted under this code amendment will not involve routinely transporting, using or disposing hazardous materials. The land uses authorized by this ordinance will not involve the routine transport or use of hazardous materials or the routine generation of hazardous wastes beyond those normally encountered in a residential setting, typically termed "household hazardous wastes." The City provides a program to accept and dispose of household hazardous wastes. No impacts are foreseen; therefore, no mitigation is required. 8.b. No Impact: The proposed ordinance will not result in reasonably foreseeable accident conditions and will not involve the release of hazardous materials into the environment. No impacts are foreseen; therefore, no mitigation is required. 14 8.c. No Impact: The proposed ordinance creating a procedure to define the land use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs will not result in development that would emit hazardous emissions or require the handling of hazardous materials, substances, or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school. The code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. The ordinance will not involve hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste. No impacts are foreseen; therefore, no mitigation is required. 8.d. No Impact: Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified State -prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. The City of Temecula has nine identified hazardous sites and two identified public well sites. A code amendment cannot fundamentally alter the nature of the land use and the General Plan discourages new development from being located on a site that is included on the list of hazardous materials sites compiled pursuant to Section 65962.5. The granting of a future residential development is not likely to create a significant hazard to the public or the environment by being located on a site with hazardous materials. In addition, since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 8.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's Civic Center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). The proposed ordinance for a code amendment to designate residential care facilities, transitional housing, supportive housing, and SROs as permitted uses subject to the same permitting requirements as other similar uses will not result in development that would pose a safety hazard for people residing or working within two miles of a public airport or public use airport. The ALUCP establishes procedural requirements for compatibility between airports and the land uses that surround them. Any impacts from future granting of residential development would be addressed through a project -level CEQA review, including ALUCP consistency, as applicable. No impacts are foreseen; therefore, no mitigation is required. 8.g. No Impact: The proposed ordinance will not likely result in development that would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The residential development authorized by this ordinance is likely to be for the future construction of a variety of housing types subject to current ADA standards and emergency access requirements. No impacts are foreseen; therefore, no mitigation is required. 8.h. No Impact: Temecula is subject to both natural and urban fires. Areas posing a significant risk to the City are subject to the California Public Resources Code, Sections 4291-4299, which require property owners to conduct periodic maintenance to reduce the fire danger. The Riverside County Fire Department (RCFD) provides fire protection and prevention services to reduce the potential for dangerous fires. The RCFD conducts fire hazard education and protection programs, and enforces the current Uniform Fire Code used to prevent structural fire (2005 City of Temecula General Plan, PS13-14). In addition, future requests for residential development permitted by this ordinance are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of residential projects would be addressed through a project -level CEQA review, and any impact would be speculative at this point. The General Plan discourages new development from being located in high fire hazard area. A code amendment cannot fundamentally alter the nature of the land use and cannot conflict with the General Plan policy of discouraging development in high fire hazard areas. The uses permitted by this ordinance are not likely to expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to 15 urbanized areas or where residents intermixed with wildlands. No impacts are foreseen; therefore, no mitigation is required. 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X X a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? b c d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project -specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. No Impact Surface water sources are subject to pollutants and sediment carried in run-off. To address the problem of urban run-off, the Clean Water Act was amended in 1987. The proposed ordinance will not likely violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future requests for residential development are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. Any future residential development will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board and may be required to obtain permits and approvals from the County of Riverside Department of Environmental Health and the City's Public Works Department, as applicable. The General Plan encourages protection of water quality and adequate water supplies for the health and quality of 16 life for Temecula residents, employees, and visitors. Any impacts from future granting of residential development would be addressed through a project -level CEQA review. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 9.b. No Impact The local ground water basin is the Murrieta -Temecula Basin. This aquifer is recharged by underflow, surface flow from creeks in the area, and by direct precipitation in the valley. The Rancho California Water District (RCWD) that utilizes both groundwater and imported water supplies to ensure adequate water is available for consumers. Imported water is utilized to ensure that significant overdraft of local ground water supplies does not occur. The proposed ordinance designating residential care facilities, transitional housing, supportive housing, and SROs as permitted uses subject to the same permitting requirements as other similar uses in the same zones will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The General Plan discourages impacts associated with depleting groundwater supplies. The proposed ordinance is limited to providing fair and equal access to housing opportunities, and is not related to large developments that might affect water levels. No impacts are foreseen; therefore, no mitigation is required. 9.c -e. No Impact: Temecula requires the use of Best Management Practices (BMPs) to reduce run-off from construction and current land uses, consistent with NPDES permit requirements. The proposed ordinance would not be expected to substantially alter the existing drainage pattern of a future residential site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site. Future requests for residential development permitted by this ordinance are subject to project -level CEQA review and a Water Quality Management Plan (WQMP), as applicable. Therefore, any impacts from future granting of residential development would be addressed through a project -level CEQA review, and WQMP requirements would ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. In addition, existing onsite facilities will control increased storm water runoff in a manner consistent with the General Plan's requirements for flood control. No impacts are foreseen; therefore, no mitigation is required. 9.f. No Impact: The proposed ordinance will not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future residential developments may be required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm - Sewer permit (MS4 permit) issued by the Regional Water Quality Control Board depending on the extend of the proposed accommodation. WQMP requirements ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. No impacts are foreseen; therefore, no mitigation is required. 9.g. No Impact: The proposed ordinance to designate residential care facilities, transitional housing, supportive housing, and SROs as permitted uses will not place housing within a 100 -year flood hazard area. The proposed ordinance is limited to providing fair and equal access to housing opportunities, and merely authorizes the land uses as permitted. Any impacts from future granting of residential development would be addressed through a project -level CEQA review, as applicable. No impacts are foreseen; therefore, no mitigation is required. 9.h. No Impact: Although it is possible that a structure could be placed within a 100 -year flood hazard area to accommodate a residential development, it is not expected that the proposed ordinance would significantly increase development within a 100 -year flood hazard area that would impede or redirect flows. Future granting of residential developments are subject to project -level CEQA. A code amendment cannot fundamentally alter the nature of the land use and the General Plan discourages development in the floodway portion of a 100 - year floodplain. Any impacts from future granting of residential development would be addressed through a project -level CEQA review and through appropriate permits, as applicable. No impacts are foreseen; therefore, no mitigation is required. 17 9.i -j. No Impact: Flood hazards in Temecula are divided into three categories: natural flooding, dam failure, and mud debris flows. Temecula contains several FEMA Special Flood Hazard Areas (SFHAs). These areas have the potential to become flooded when major rainstorms, earthquake, erosion, or improper siting or design cause streams to overflows, dams to fail, or mud and debris to flow from hillsides. The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to property owners affected within the 100 -year floodplain. The proposed ordinance will not directly or substantially expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam or inundation by seiche, tsunami, or mudflow. The proposed ordinance is limited to providing fair and equal access to residential uses. The ordinance authorizes residential land uses so long as they meet all development standards and environmental regulations, and the General Plan discourages development in the floodway portion of a 100 -year floodplain. No impacts are foreseen; therefore, no mitigation is required. 18 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. Less Than Significant Impact: The proposed ordinance will not result in the physical division of an established community. The proposed ordinance is to amend portions of the Zoning Code to revise and enhance housing requirements to be consistent with State law. The ordinance will define certain housing - related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing. The proposed amendments define the land use regulations and create a discretionary procedure for facilitating the development of these residential uses. The ordinance does not alter the circulation element, revise a zoning map, or affect a community's connectivity. Future requests for residential development are subject to project -level CEQA review, as applicable. Any possible impacts from future granting of residential development would be speculative at this point and will be addressed through a project -level CEQA review. Since the code amendment is not site- specific and does not fundamentally alter the physical nature of the land use, the proposed ordinance will not physically divide an established community. The General Plan contains policies to encourage neighborhood character, which would be implemented into any future residential development permitted under this ordinance. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.b. Less Than Significant Impact: The proposed ordinance was included as a Program of the 2008-2014 Housing Element Update. Thus, the proposed ordinance implements the General Plan and Housing Element. Future requests for these types of residential developments will be subject to City environmental and land use standards and require the appropriate permits and approvals by the City Planning Department. Any future residential developments are subject to project -level CEQA review. Therefore, any impacts from future granting of residential development would be speculative at this point and would be addressed through a project -level CEQA review. The ordinance is not likely to facilitate new development that would alter the nature of the land use and zoning code. The ordinance does not conflict with any land use plan, policy or agency regulation adopted to avoid or mitigate environmental effects. Instead, the ordinance implements existing adopted legislation and policies. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.c. Less Than Significant Impact: The MSHCP is a comprehensive, multi -jurisdictional plan that focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies that emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of 19 conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site development or modifications. The project is a proposed amendment to the zoning code. The ordinance only authorizes the permitting of certain residential uses and does not fundamentally alter the nature of the physical land use of a particular site. Since the General Plan protects against alteration of natural and sensitive habitats, the ordinance will not conflict with any applicable habitat plan conservation plan. Impacts are considered less than significant; therefore, no mitigation measures are required. 20 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a -b. No Impact: According to the General Plan EIR, the City is within Mineral Resource Zone 3a (MRZ-3) as classified by the State Geologist. The MRZ-3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The proposed ordinance would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state because the classified Mineral Resource Zone within the City of Temecula is not considered to contain deposits of significant economic value. Furthermore, the proposed ordinance will not result in development that would cause the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. No impacts are foreseen; therefore, no mitigation is required. 21 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X X X X a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? b c d e f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a -c. No Impact: Although it is possible that temporary construction noise would be generated during construction of a future development associated with a residential project, the future impact would be speculative as the proposed ordinance does not alter the physical nature of a particular site, but rather designates certain residential uses as permitted the same as other similar uses in the same zoning districts. The ordinance is not expected to result in more intense development that would expose persons to noise levels in excess of standards established in the local general plan, or generate excessive groundborne vibration or groundborne noise levels, or create a substantial permanent increase in ambient noise levels within the project vicinity above levels existing without the project. A code amendment cannot fundamentally alter the nature of the land use and must be consistent with the General Plan. Since the General Plan discourages noise impacts above levels existing without the project, any future development resulting from the ordinance will not expose people to noise levels in excess of standards established in the General Plan. No impacts are foreseen; therefore, no mitigation is required. 12.d. No Impact: It is possible that temporary construction noise would be generated during construction of future development associated with a residential project; however, the future impact would be speculative as the proposed ordinance does not alter the physical nature of a particular site, but rather designates certain residential uses as permitted the same as other similar uses in the same zoning districts. Therefore, the proposed ordinance will not substantially increase temporary or periodic ambient noise levels in the project vicinity above levels existing without the project. Any future residential development requests are subject to project -level CEQA and must adhere to all required Building Code restrictions to reduce temporary construction noise including limited construction hours. No impacts are foreseen; therefore, no mitigation is required. 22 12.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one-quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). While it is possible that a future residential development could be located within two miles of a public airport or public use airport, any excessive noise exposure would be temporary during the construction period. The proposed ordinance will not likely result in development that would expose people residing or working within two miles of a public airport or public use airport to excessive noise levels beyond what already exists. The code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. Any possible impacts from future development would be speculative at this point and will be addressed through a project -level CEQA review, including ALUCP consistency, as applicable. No impacts are foreseen; therefore, no mitigation is required. 23 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X X b c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a. Less Than Significant Impact: The proposed ordinance would not be expected to induce direct or indirect population growth. The ordinance for the code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. The ordinance does not propose any new development, nor extend roads or infrastructure. In addition, a code amendment cannot fundamentally alter the nature of the land use and zoning code, and since the General Plan is based on population projections, a code amendment to designate specific housing types as permitted uses the same as other similar uses would not create a significant increase in population growth or exceed population projections. Impacts are considered less than significant; therefore, no mitigation is required. 13.b -c. Less Than Significant Impact: The proposed ordinance would not be expected to displace substantial numbers of existing housing units or a substantial number of people. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. Therefore, any impacts related to population growth would be addressed through project -level CEQA review and mitigation may be required, but further analysis would be speculative at this point. Impacts are considered Tess than significant; therefore, no mitigation is required. 24 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 14.a. No impact: Fire Protection The Riverside County Fire Department provides fire protection and safety services to the City. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered fire facilities. The General Plan encourages adequate facilities and emergency response. Future requests for residential development are subject to project - level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Any specific impacts from future development would be speculative at this point and will be addressed through project -level CEQA review. No impacts are foreseen; therefore, no mitigation is required. Police Protection Law enforcement services are provided to the City through a contractual agreement with the Riverside County Sheriffs Department. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered police facilities. The General Plan encourages adequate facilities and emergency response. Future requests for residential development are subject to project -level CEQA review, as applicable. Therefore, any impacts related to population growth would be speculative at this point and would be addressed through project -level CEQA review. Fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. No impacts are foreseen; therefore, no mitigation is required. Schools Public education facilities are provided by the Temecula Valley Unified School District (TVUSD). any demand on the existing school District. The proposed ordinance designating specific housing types as permitted uses the same as other similar uses in the same zoning districts will not likely put an additional demand on school facilities or create capacity problems at individual schools. Future requests for residential development are subject to project -level CEQA review, as applicable. 25 Therefore, any impacts related to public services would be speculative at this point and would be addressed through project -level CEQA review. Fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. No impacts are foreseen; therefore, no mitigation is required. Parks The proposed ordinance will not increase population or place an associated burden on parks in the area. The General Plan encourages adequate facilities and emergency response. Future requests for residential development permitted by this ordinance are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be speculative at this point and would be addressed through project -level CEQA review. Fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. No impacts are foreseen; therefore, no mitigation is required. Other public facilities The City of Temecula's Quimby requirements and Development Impact Fees (DIF) are designed to offset the potential impacts to fire, police, park and recreation and public facility maintenance, including roads. The proposed ordinance will not increase population or place an associated burden on governmental facilities, including libraries. To offset any impacts, future requests for residential development are subject to project -level CEQA review and may be required to pay the DIF, as applicable. No impacts are foreseen; therefore, no mitigation is required. 26 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. No Impact: The project is an ordinance that makes minor policy changes to the Zoning Code. The project does not alter or construct a physical structure. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. It will not therefore increase population or increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The General Plan encourages adequate facilities and the proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to recreational facilities. It may result in the future granting of residential development subject to the designated land use regulations in the General Plan and Zoning Code. Future development requests for these types of housing are subject to project -level discretionary application and CEQA review, as applicable. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. Therefore, any impacts related to recreational facilities would be addressed through project -level CEQA review and fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. No impacts are foreseen; therefore, no mitigation is required. 15.b. No Impact: The proposed ordinance does not require the construction or expansion of recreational facilities that adversely affect the environment. The proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to the expansion of recreational facilities. No impacts are foreseen; therefore, no mitigation is required. 27 16. TRANSPORTATION/TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? X b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X X e Result in inadequate emergency access? f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a. No Impact: The proposed ordinance does not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. The ordinance does not propose any new development. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. The proposed code amendment should not affect transportation or traffic. No impacts are foreseen; therefore, no mitigation is required. 16.b. No Impact: The ordinance does not propose any specific development, but merely designates specific housing types as permitted uses the same as other similar uses in the same zoning districts. The ordinance will not generate a significant number of increased trips, and any increase in trips would be speculative at this point. In addition, the ordinance authorizes only the permitting of residential uses and all future residential development will be required to comply with the General Plan. Thus, these types of projects cannot fundamentally increase trip generation that would conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways because the General Plan discourages poor circulation and projects that exceed the service thresholds outlined in the Congestion Management Plan (CMP). No impacts are foreseen; therefore, no mitigation is required. 16.c. No Impact: The proposed ordinance will not result in a change in air traffic patterns, an increase in traffic levels, or a change in the location of facilities that will result in substantial safety risks. It is highly 28 unlikely that a future residential development authorized pursuant to this ordinance would produce additional lighting or glare that would cause risk to air traffic patterns. Future residential developments are subject to project -level CEQA review, and applicable lighting issues will be addressed during the building plan check and inspection process. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 16.d. No Impact: The proposed ordinance will not substantially increase hazards due to design features or incompatible uses. All future residential development designs will be subject to the CBC and all new access and roadway improvements. Any future residential development authorized by this ordinance will be required to comply with design criteria contained in the Caltrans Design Manual and other City circulation requirements and standards, including any proposed streets, driveways, parking facilities, access points, etc. Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 16.e. No Impact: The proposed ordinance will not result in or be located in areas that have inadequate emergency access that would result in problems for emergency vehicles. In fact, most new residential development is likely to improve on-site circulation and access for the disabled in emergency situations due to compliance with updated and improved regulations and code. Future requests residential developments are subject to project -level CEQA review and may require appropriate permits from the City Fire, Building and Safety, and Public Works Departments that would ensure the safety of the design and adequate emergency access for the disabled. No impacts are foreseen; therefore, no mitigation is required. 16.f. No Impact The ordinance does not propose any specific development, but merely designates specific housing types as permitted uses the same as other similar uses in the same zoning districts. The proposed ordinance will not result in development that would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Since the Ordinance does not proposed any site-specific development, any impact would be speculative at this point. No impacts are foreseen; therefore, no mitigation is required. 29 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X X b c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a,e. No Impact: The project would amend the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. The ordinance does not propose any new development. Thus, the proposed ordinance will not result in development that would create urban pollutants, including oils and other substances. Future requests for residential development are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. A future residential development will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board. The NPDES permit is required for any discharge of wastes to surface waters, resulting from dewatering during construction, stormwater runoff from construction, and construction sites. The permit includes a list of Best Management Practices (BMPs), which outline measures to be undertaken to guard against accidental contamination of ground waters and surface waters. No impacts are foreseen; therefore, no mitigation is required. 17.b. No Impact: The ordinance does not propose any specific development. As such, the proposed ordinance will not increase population or place an associated burden on wastewater service system capacity. In addition, the ordinance will not contribute to a cumulative demand impact on the wastewater system. Future requests for residential development are subject to project -level CEQA review and may be subject to payment of sewer connection fees for any potential impacts from on sewage systems. Considering the limited scope of the project and the fact that any impact would be speculative at this point, no impacts are foreseen; therefore, no mitigation is required. 17.c. No Impact: The proposed ordinance will not create a significant amount of storm water run-off nor result in an associated burden on existing drainage facilities or the need for expansion of drainage facilities. 30 Future requests for residential development are subject to project -level CEQA review in which the adequacy of the capacity of downstream facilities would be verified. Considering the scope of the project, no impacts are foreseen; therefore, no mitigation is required. 17.d. No Impact: Rancho California Water District (RCWD) supplies water service to the area. The proposed ordinance does not propose any specific development and will not create an additional demand for water supply. A future residential development may create a negligible residential increase in water usage during construction; however, all future projects are subject to project -level CEQA review. In addition, Since the administrative procedure established by the proposed Ordinance is not site-specific and does not propose any particular development, any impact would be speculative at this point. . No impacts are foreseen; therefore, no mitigation is required. 17.f -g. No Impact: The ordinance does not propose any specific development, but merely amends the Zoning Code to define the use regulations, and create a discretionary procedure for facilitating the development of residential care facilities, transitional housing, supportive housing, and SROs. The proposed ordinance will not generate demand for solid waste services and does not have the potential to contribute to potentially significant cumulative demand impacts on the solid waste system. Future requests for residential development are subject to project -level CEQA review; therefore impacts will be reviewed on a case-by-case basis. No impacts are foreseen at this time; therefore, no mitigation is required. 31 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X X c Comments: 18.a -c. Less Than Significant Impact: The proposed ordinance amends portions of Title 17 (Zoning) of the Temecula Municipal Code to revise and enhance housing regulations to be consistent with State law. The ordinance will authorize and define certain housing -related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing. The proposed amendments define the use regulations and create a discretionary procedure for facilitating the development of these residential uses consistent with state and federal housing laws. The code amendment is intended to provide equal housing opportunities and provide for a variety of housing in various zoning districts. Future requests for residential development are subject to City environmental and land use standards and require the appropriate permits and approvals by the City Planning Department. Although these types of future residential developments have some potential to impact the physical environment depending on site location and project specifics, the ordinance itself cannot, and will not have any impacts on the physical environment. Given that the proposed ordinance is not site-specific, any attempt to determine the precise impacts would be speculative at this point. The proposed ordinance also sets forth policies that ensure the existing policies and standards of the General Plan and Zoning Code minimize risks to life and property for any future request. Any request for these types of residential developments will be approved based on the necessity for the City to have fair and equal access to housing. The request cannot result in a development inconsistent with the land use and zoning code, and cannot create an undue financial or administrative burden on the City. There are existing measures in place that limit any potential impacts. Therefore, the project is not expected to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Given the scope of the ordinance and the findings required to grant a future residential development, the project is not expected to have impacts that are individually limited, but cumulatively considerable. Nor would the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. Impacts are considered less than significant; therefore, no mitigation measures are required. 32 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. a. The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. b. Anticipated impacts are less than significant and do not require mitigation. c. There are no mitigation measures incorporated for this project. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Multiple Species Habitat Conservation Plan (2003) 33 Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: L R 12-0013 City of Temecula Recommend that the City Council adopt a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to revise and enhance housing requirements to be consistent with State law; define certain housing -related terms, designate certain zoning districts as appropriate for residential care facilities, transitional, supportive, and single -room occupancy housing, and establish development standards for single -room occupancy housing. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be adopted in compliance with CEQA. Dana Weaver, (951) 693-3928 City of Temecula, Council Chambers February 20, 2013 6:00 p.m. The agenda packet (including staff reports) 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 — www.cityoftemecula.org. Any Supplemental Material 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 — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.