HomeMy WebLinkAbout18-23 PC Resolution PC RESOLUTION NO.18-23
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
TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADD
CHAPTER 17.21 ESTABLISHING AN AFFORDABLE
HOUSING OVERLAY ZONE, AND MAKING THE
DETERMINATION THAT THE PROPOSED ORDINANCE IS
EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (LONG RANGE PLANNING PROJECT NO. LR14-
0010)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. Program 1 of the City's 2014-2021 Housing Element requires the City to
amend the Municipal Code to establish an Affordable Housing Overlay Zone to encourage
the development of affordable housing in the City and to meet the City's
unaccommodated Regional Housing Need Assessment (RHNA).
B. In compliance with this requirement, staff has drafted a proposed Ordinance
amending the Development Code to add a new chapter establishing an Affordable
Housing Overlay Zone in the City (Planning Application No. LR14-0010).
C. The proposed Ordinance was processed including, but not limited to a
public notice, in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the application
and environmental review on September 5, 2018, 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.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City
Council approve Planning Application No. LR14-0010 subject to and based upon the
findings set forth hereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the City of Temecula
General Plan and with all applicable requirements of State law and other Ordinances of
the City;
The proposed Affordable Housing Overlay Ordinance conforms to the City of
Temecula General Plan because establishing an Affordable Housing Overlay
implements Program 1 of the City of Temecula General Plan Housing Element.
Furthermore, the proposed Affordable Housing Overlay Zone Ordinance directly
responds to Goal 1, Policy 1.1, 1.2, 2.1, 2.2, 3.1 and 5.2 of the General Plan
Housing Element, and Goal A, Policy 1.6 of the General Plan Land Use Element.
Section 3. Environmental Compliance.
A. Pursuant to State CEQA Guidelines Section 15162, an Addendum to the
EIR has been prepared, which concludes that the proposed changes, additions, or
modifications do not result in any new or greater environmental impacts than were
previously analyzed, disclosed, and/or mitigated in the Uptown Temecula Specific Plan
Environmental Impact Report (EIR) that was certified in November 2015 (SCH
#2013061012) and the Negative Declaration prepared for the City's 2014—2021 Housing
Element. None of the conditions in State CEQA Guidelines Section 15162 are present
and no additional environmental review is required.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt an ordinance establishing an
Affordable Housing Overlay Zone Ordinance in the City as set forth in Exhibit A.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September, 2018.
Ty Yo mans, Chairman
,..-- -- /414--
Luke Watson
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 18-23 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
5th day of September 2018, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo,
Watts, Youmans
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
/.- 4e1 -'
Luke Watson
Secretary
ORDINANCE NO. 18-[ ]
AN ORDINANCE OF THE CITY OF TEMECULA
AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL
CODE TO ADD CHAPTER 17.21 ESTABLISHING AN
AFFORDABLE HOUSING OVERLAY ZONE, AND MAKING
THE DETERMINATION THAT THE PROPOSED
ORDINANCE IS EXEMPT FROM FURTHER
ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (LONG RANGE
PLANNING PROJECT NO. LR14-0010)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine, and declare that:
A. The Planning Commission considered this Ordinance, including the
environmental analysis, on September 5, 2018, 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. 18-23
recommending approval of the Ordinance by the City Council.
C. The City Council, at a regular meeting, considered the Ordinance, including
the environmental analysis, on September 25, 2018, at a duly noticed public hearing, as
prescribed by law, at which time the City Staff and interested persons had an opportunity
to and did testify either in support or opposition to this matter.
D. Following the public hearing, the City Council considered the entire record
of information received at the public hearings before the Planning Commission and City
Council.
Section 2. Legislative Findings. The City Council of the City of Temecula in
approving the proposed Municipal Code amendment in Long Range Planning Project
Number LR14-0010 hereby makes the following findings:
A. The State Legislature has declared that the lack of housing, including
providing for a variety of housing types for all income levels and special needs groups, is
a critical problem that threatens the economic, environmental, and social quality of life in
California.
B. Government Code Section 65583 requires that the City's Housing Element
address governmental constraints to the development of housing, including providing for
a variety of housing types for all income levels.
C. The City Council of the City of Temecula adopted the City's 2014-2021
Housing Element on January 28, 2014.
D. The City's Housing Element identified the need to amend the City's
Municipal Code to establish an Affordable Housing Overlay Zone to encourage the
development of affordable housing in the City.
E. As described in the City's Housing Element, residential uses are allowed in
the land use designation where the Affordable Housing Overlay Zone will apply, as
described in the text of the General Plan Housing Element and Appendix B to the Housing
Element.
F. The proposed use is in conformance with the goals, policies, programs and
guidelines of elements of the General Plan. The proposed Ordinance amends portions
of Title 17 of the Temecula Municipal Code and adds Chapter 17.21 to the Temecula
Municipal Code, thereby establishing an Affordable Housing Overlay Zone. 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 the Temecula
General Plan. The Ordinance implements the following policies contained in the City's
Housing Element:
1. Policy 1.1: Provide an inventory of land at varying densities
sufficient to accommodate the existing and projected housing needs
in the City;
2. Policy 1.2 Encourage residential development that provides a
range of housing types in terms of cost, density, and type, and
presents the opportunity for local residents to live and work in the
same community by balancing jobs and housing types;
3. Policy 2.1 Promote a variety of housing opportunities that
accommodate the needs of all income levels of the population, and
provide opportunities to meet Temecula's fair share of extremely
low-, very low-, low-, and moderate-income housing;
4. Policy 2.2 Support innovative public, private, and nonprofit efforts
in the development of affordable housing, particularly for special
needs groups;
5. Policy 3.1 Expedite processing procedures and fees for new
construction or rehabilitation of housing; and
6. Policy 5.2: Support efforts to ensure that all income segments of
the community have unrestricted access to appropriate housing.
Furthermore, the Ordinance implements the following goals and policies contained in the
City's General Plan Land Use Element:
7. Goal: A diverse and integrated mix of residential, commercial,
industrial, recreational, public and open space land uses.
8. Policy 1.6: Encourage flexible zoning techniques in appropriate
locations to encourage mixed use development, preserve natural
features, achieve innovative site design, achieve a range of transition
of densities, provide open space and recreation facilities, and/or
provide necessary amenities and facilities.
G. The proposed amendments to the Municipal Code are consistent with the
General Plan and all applicable provisions contained therein. Residential development
approved pursuant to Chapter 17.21 complies with the requirements included in the City's
General Plan Housing Element.
Section 3. Environmental Findings. The City Council of the City of Temecula
hereby makes the following environmental findings and determinations in connection with
the approval of the proposed Ordinance:
A. Pursuant to the California Environmental Quality Act (Public Resources
Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000, et seq.), the proposed Ordinance falls
within the scope of the environmental analysis conducted for the City's 2014 — 2021
Housing Element and the Uptown Temecula Specific Plan. The proposed Ordinance
implements Program 1 of the City's 2014 — 2021 Housing Element, by amending portions
of Title 17 of the Temecula Municipal Code to add Chapter 17.21 and thereby establish
an Affordable Housing Overlay Zone.
B. On January 28, 2014, a Negative Declaration was adopted for the approval
of the 2014 — 2021 Housing Element, which analyzed the potential impacts and
determined that less than significant impacts would result from the adoption of the 2014
— 2021 Housing Element. This Ordinance merely implements the 2014 — 2021 Housing
Element by establishing the Affordable Housing Overlay Zone described in the City's
Housing Element. As such, the environmental impacts for the Project have been
evaluated by the previously adopted Negative Declaration and no further environmental
review is necessary. None of the circumstances in CEQA Guidelines Section 15162 exist
to require any additional environmental review and no further documentation is
necessary. The City Council hereby relies on the prior Negative Declaration adopted in
connection with the 2014 — 2021 Housing Element and directs City staff to file a Notice of
Determination.
C. On November 17, 2015, an Environmental Impact Report (EIR) (SCH
#2013061012) was certified in connection with the approval of the Uptown Temecula
Specific Plan. This Ordinance applies the Affordable Housing Overlay Zone to certain
parcels located in the Uptown Temecula Specific Plan Area. The intensity authorized by
the Affordable Housing Overlay Zone is in keeping with the intensity analyzed in the EIR
for the Uptown Temecula Specific Plan Area. As such, the environmental impacts for the
application of the Affordable Housing Overlay to these sites was adequately analyzed in
the prior EIR and no further environmental review is necessary. None of the
circumstances in CEQA Guidelines Section 15162 exist to require any additional
environmental review and no further documentation is necessary. The City Council
hereby relies on the prior EIR adopted in connection with the Uptown Temecula Specific
Plan and directs City staff to file a Notice of Determination.
Section 4. Table 17.02.010 of Chapter 17.02 (Establishment of Zoning Districts)
of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding
Affordable Housing Overlay to the list of Zoning Districts as follows, with all other rows of
Table 17.02.010 to remain the same:
Table 17.02.010
Zoning Districts
Zoning District District Abbreviation Code Chapter
Description
Affordable Housing AHO 17.21
Overlay
Section 5. Table 17.02.020 of Chapter 17.02 (Establishment of Zoning Districts)
of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding
"Affordable housing overlay (AHO)" to the list of Zoning Districts as follows, with all other
rows of Table 17.02.020 to remain the same:
Table 17.02.020
Consistency Between the General Plan and Zoning Districts
General Plan Land Use Designation Zoning District
These special zoning districts may be Specific plan (SP-x)
used to represent any combination of
general plan land use designations: Planned development overlay (PD-x)
Village center plan (VC-x)
Floodplain overlay district (FP)
Affordable housing overlay (AHO)
Section 6. Subsection "E" of Section 17.08.020 (Description of
commercial/office/industrial districts) of Chapter 17.08 (Commercial/Office/Industrial
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby revised to read
as follows, with all other sections of Section 17.08.020 to remain the same:
"E. Professional Office (PO). The professional office designation includes
primarily single-tenant or multi-tenant offices and may include supporting
uses. The office developments are intended to include low-rise offices
situated in a landscaped garden arrangement and may include mid-rise
structures at appropriate locations. Typical uses include legal, design,
engineering or medical offices, corporate and governmental offices, and
community facilities. Limited supporting convenience retail and personal
service (such as dry cleaners, barbers, shoe repair shop) commercial may
be permitted to serve the needs of the on-site employees. A maximum of
fifteen percent of the total square footage of the floor area shall be devoted
to retail or personal service uses. Residential uses may be allowed on those
PO properties that are subject to the Affordable Housing Overlay."
Section 7. Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations)of Chapter
17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to delete the row for "Affordable Housing" from the
table, and designate "Residential, multiple-family housing" as a Permitted (P) Use in the
PO zone subject to a new footnote 8 that reads as follows, with all other parts of Table
17.08.030 to remain the same:
Description of Use NC CC HT SC PO BP LI
•
Residential, multiple-family - C - - P8 - -
housing
"8. `Residential, multiple-family housing' shall be allowed in the PO zone
only if the Affordable Housing Overlay (AHO) applies to the property and
the proposed development complies with all requirements of Chapter
17.21."
Section 8. Section 17.12.020 (Public/institutional district) of Chapter 17.12
(Public/Institutional District)of Title 17 (Zoning)of the Temecula Municipal Code is hereby
revised in its entirety to read as follows:
"The public/institutional zoning district includes both public, private and uses of a
quasi-public nature such as public schools, hospitals, libraries, civic centers, cultural
facilities, churches and public utility facilities. In addition, residential uses may be allowed
on those PI properties that are subject to the Affordable Housing Overlay."
Section 9. Table 17.12.030 (Schedule of Permitted Uses—Public/Institutional
Districts) of Section 17.12.030 (Use Regulations) of Chapter 17.12 (Public/Institutional
District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add
"Residential, multiple-family housing" as a Permitted (P) Use in the PI zone subject to a
new footnote 4 that reads as follows, with all other parts of Table 17.12.030 to remain the
same:
Description of Use Public/Institutional District (PI)
Residential, multiple-family housing P4
"4. `Residential, multiple-family housing' shall be allowed in the PI zone only if the
Affordable Housing Overlay (AHO) applies to the property and the proposed
development complies with all requirements of Chapter 17.21."
Section 10. A new Chapter 17.21 is hereby added to Title 17 (Zoning) of the
Temecula Municipal Code to read as follows:
"Chapter 17.21 Affordable Housing Overlay Zoning District
17.21.010 Purpose and Intent.
17.21.020 Underlying Zoning.
17.21.030 Approval Process.
17.21.040 Compliance with Laws.
17.21.050 Dedications and Improvements.
17.21.060 Regulations and Development Standards.
17.21.070 Regulatory Agreement.
17.21.080 Applicable Properties.
17.21.010 Purpose and Intent.
The purpose of this chapter is to facilitate the development of affordable multi-family
housing, enable the City to meet its housing goals, and ensure that affordable housing
developments will be compatible with surrounding land uses by establishing an Affordable
Housing Overlay Zoning District.
17.21.020 Underlying Zoning.
A property designated within the Affordable Housing Overlay may be developed either in
the manner provided in this Chapter 17.21 or in the manner provided in the underlying
zoning district.
17.21.030 Approval Process.
A. Projects that comply with the requirements of this Chapter 17.21 are
permitted by right.
B. Form of Application. An application for a project pursuant to this Chapter
17.21 shall be completed on a form provided by the planning department for an
Administrative Review. The Administrative Review Application shall be reviewed by the
Planning director and shall be granted if the Planning Director finds that the application
complies with all of the requirements in this Chapter 17.21.
C. Notice of Decision. A Notice of Decision for an Administrative Review
Application shall be mailed first class and postage pre-paid to both the applicant and its
representative (as shown on the application) and to any person who has made a written
request for a copy of the decision.
D. Expiration of Administrative Approval. Within three years of the date of
approval for the Administrative Review Application, commencement of construction shall
have occurred or the approval shall become null and void.
E. Revocation. Approval of an Administrative Review Application may be
revoked or modified by the Planning Commission in accordance with Section 17.03.080.
17.21.040 Compliance with Laws.
A. The applicant shall enter into a Cultural Resources Treatment Agreement
with the Pechanga Tribe, and provide a copy of this agreement to the City before the
issuance of an Administrative Review Application. This Agreement shall address the
following:
1. Treatment and disposition of cultural resources;
2. The designation, responsibilities, and participation of professional
Pechanga Tribal monitors during grading, excavation and ground
disturbing activities;
3. Project grading and development scheduling;
4. Terms of compensation for the Pechange Tribal monitors;
5. Treatment and final disposition of any cultural resources, sacred
sites, and human remains discovered onsite;
6. Pechanga Tribal monitor's authority to stop and redirect grading in
order to evaluate the significance of any potential resources
discovered on the property, and to make recommendations as to
treatment;
7. The applicant's agreement to relinquish ownership of all cultural
resources, including all archaeological artifacts that are found on the
project area, to the Pechanga Tribe for proper treatment and
disposition; and
8. The applicant's agreement that all Pechanga Tribal sacred sites are
to be avoided and preserved.
B. The applicant shall comply with the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP), the MSHCP Implementing Agreement, and
pay any applicable fees including any Local Development Mitigation Fee.
C. The applicant shall comply with all requirements of the building codes
adopted by the City, pursuant to Temecula Municipal Code Chapter 15.04.
D. The applicant shall enter into an agreement with the City, approved and
executed by the City Manager in a form approved by the City Attorney, whereby the
applicant agrees to:
1. Conduct a Burrowing Owl Study in compliance with the MSHCP prior
to plan check approval for a grading permit. If the results of the
survey indicate that no burrowing owls are present on site, then the
project may move forward with grading, upon Planning Division
approval. If burrowing owls are found to be present or nesting on
site during the preconstruction survey, then the applicant shall
comply with the following requirements unless the MSHCP contains
different mitigation measures, in which case the MSHCP mitigaiton
measures shall prevail: Exclusion and relocation activities may not
occur during the breeding season, which is defined as March 1
through August 31, except that from March 1 through March 15 and
from August 1 through August 31 exclusion and relocation activities
may take place if it is proven to the City and appropriate regulatory
agencies (if any) that egg laying or chick rearing is not taking place.
This determination must be made by a qualified biologist. If
construction is delayed or suspended for more than 30 days after the
survey, the area shall be resurveyed.
E. The applicant shall comply with the requirements of the City's Public Art
Ordinance, as set forth in Temecula Municipal Code Chapter 5.08.
F. The applicant shall pay any applicable Transportation Uniform Mitigation
Fees, as set forth in Temecula Municipal Code Chapter 15.08.
G. The applicant shall pay any applicable Development Impact Fees, as set
forth in Temecula Municipal Code Chapter 15.06.
H. The applicant shall comply with all requirements of the NPDES MS4 permit
and Chapter 18.06 herein, including preparing a Water Quality Management Plan, paying
all fees, obtaining all permits, and entering into any necessary operating and maintenance
agreements related thereto. The property owner shall provide for the effective
establishment, operation, management, use, repair, and maintenance of all drainage
facilities and pollution prevention devices outlined in the WQMP for the project.
The applicant shall comply with the City's Sign Standards, as set forth in
Temecula Municipal Code Chapter 17.28. All projects approved pursuant to this Chapter
17.21 shall comply with the standards applicable to signs in residential districts, even if
the underlying zoning district for the property is professional office, public-institutional, or
another non-residential zoning district, except that any project in the Uptown Temecula
Specific Plan Area shall follow the sign standards in the Uptown Temecula Specific Plan.
J. The applicant shall comply with the requirements of the City's Water
Efficient Landscape Ordinance, as set forth in Temecula Municipal Code 17.32.
K. The applicant shall comply with all objective health and safety standards,
as determined by the Riverside County Environmental Health Department.
L. If determined applicable by the City, the applicant shall submit a
geotechnical report by a certified engineer, geologist or civil engineer practicing within
their area of competence. The applicant also shall pay all fees associated with a City or
City-contracted third party review of said geotechnical report. The applicant shall mitigate
all seismic risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping Act,
and any subsquent seismic legislation.
M. Where no subdivision is required, and if determined applicable by the City,
the applicant shall enter into a reciprocal access easement, maintenance agreement, or
other agreement, in a form approved by the City Attorney, ensuring access to all parcels
and joint maintenance of all roads, drives, parking areas, drainage facilities, and water
quality features. Prior to the issuance of the grading permit, the applicant shall record a
copy of this agreement in the public records of the County of Riverside, and a copy of the
agreement shall be filed with the office of the City Clerk, and a copy shall be provided to
the Planning Department.
17.21.050 Dedications and Improvements.
A. The purpose of this section is to establish standards and requirements for
dedications and improvements in connection with the development of land pursuant to
this Chapter 17.21 in which no subdivision is involved.
B. Dedications Required. Applicants who propose a development pursuant to
this Chapter 17.21 shall provide, by means of an offer of dedication or other appropriate
conveyance as approved by the City Attorney, the rights-of-way necessary for the
construction of any street as shown on the circulation plan in the general plan, any
applicable specific plan, or otherwise required by the Director of Public Works in
compliance with an established street system or plan. Rights-of-way shall be provided
for improvements to existing facilities, including rights-of-way for storm drains or other
required public facilities. All rights-of-way shall be accompanied by a title report and be
free of all liens and encumbrances. Dedications required by this section shall be made
before the issuance of a building permit.
C. Public Improvements Required. Applicants who propose a project pursuant
to this Chapter 17.21 shall cause to construct all necessary public improvements in
compliance with city specifications upon the property and along all street frontages
adjoining the property, unless adequate public improvements already exist. In each
instance, the Director of Public Works shall determine whether or not the necessary
improvements exist and are adequate.
D. Construction of Public Improvements. If the Director of Public Works
determines that public improvements are required, these public improvements shall be
designed to city standards and their construction guaranteed by an improvement
agreement secured by a bond or cash deposit before issuance of a building permit. If the
building permit is not exercised, the improvement obligation shall terminate and the
security shall be returned. The Director of Public Works is authorized to execute
agreements on behalf of the city.
17.21.060 Regulations and Development Standards.
A. Except as otherwise stated herein, the objective standards and regulations
applicable to multifamily projects in the High Density Residential Zoning District, as
outlined in Chapter 17.06, shall apply to all projects developed pursuant to this Chapter
17.21. If the project is located within a specific plan or planned development overlay area,
the project shall comply with all objective standards contained in the applicable specific
plan or planned development overlay, including, but not limited to, design requirements,
fees, landscaping, and mitigation monitoring programs; however, where the applicable
specific plan or planned development overlay standards conflict with the High Density
Residential Zoning District standards with respect to density and height, the High Density
Residential Zoning District standards shall apply. Notwithstanding the foregoing, housing
projects and mixed-use projects developed pursuant to this Chapter 17.21 on sites that
are located in the Uptown Temecula Specific Plan Area shall comply with the objective
standards and regulations provided in the Uptown Temecula Specific Plan, except that
the specific requirements of this Section 17.21.060 regarding minimum density and
affordable units shall apply.
B. Projects developed pursuant to this Chapter 17.21 may consist of entirely
residential uses, or may be structured as mixed-use projects with commercial and
residential uses if the underlying zoning is Uptown Temecula Specific Plan and allows for
mixed-use projects. Mixed-use projects shall be allowed only if residential uses occupy
at least 50 percent of the total floor area of the mixed-use project.
C. Projects developed pursuant to this Chapter 17.21 shall be considered a
High Density Residential use for the purposes of determining maximum noise levels
under Table N-1 in Section 9.20.040 of this Code.
D. At least 20 percent of the residential units in each project developed
pursuant to this Chapter 17.21 shall be reserved for households earning no greater than
80 percent of area median income adjusted for family size appropriate to the unit. The
units shall be sold or rented at an affordable housing cost or affordable rent, as those
terms are defined in Sections 50052.5 and 50053 of the California Health and Safety
Code. If the units are rental units, the affordable units shall be deed-restricted for a period
of not less than fifty-five (55) years. If the units are for-sale units, the units shall be sold
in accordance with California Government Code Section 65915.
E. Any project developed pursuant to this Chapter 17.21 shall provide a
residential density of no less than 20 dwelling units per acre, with a maximum density of
30 units per acre.
F. An applicant for a project pursuant to this Chapter 17.21 may apply for a
density bonus in accordance with Government Code 65915. For the purposes of any
density bonus granted, the maximum allowable residential density for a project applying
for by-right approval in the Affordable Housing Overlay shall be 30 dwelling units per acre.
17.21.070 Regulatory Agreement.
A. A legally binding agreement, in a form approved by the City Attorney, shall
be executed and recorded against the property to ensure that the property complies with
all of the requirements of this Chapter 17.21, including, but not limited to, the requirement
that affordable units shall be deed-restricted for a period of not less than fifty-five (55)
years.
B. The property owner shall record the regulatory agreement prior to recording
any final map for the underlying property, or prior to the issuance of any building permit
for the project, whichever comes first. The regulatory agreement shall be binding on all
future owners and successors of interests of the project.
C. The City Manager is authorized to execute the regulatory agreement, and
any related document(s), on behalf of the City Council for projects approved pursuant to
this Chapter 17.21.
17.21.080 Applicable Properties.
This Affordable Housing Overlay applies to those properties shown on the City of
Temecula Affordable Housing Overlay Map attached as Exhibit "A" to this Ordinance, as
it may be amended from time to time."
Section 11. Table 17.22.166A (Rancho Pueblo Matrix of Permitted Uses) in
Section 17.22.166 (Land Uses) of Article VII (Rancho Pueblo Planned Development
Overlay District (PDO-6)of Chapter 17.22 (Planned Development Overlay Zoning District)
of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the row
for"Affordable Housing" from the table, with all other parts of Table 17.22.166A to remain
the same.
Section 12. Table 17.22.196 (Schedule of Permitted Uses) of Section 17.22.196
(Use Regulations) of Article IX (De Portola Road Planned Development Overlay District)
of Chapter 17.22 (Planned Development Overlay Zoning District) of Title 17 (Zoning) of
the Temecula Municipal Code is hereby amended to delete the row for "Affordable
Housing" from the table, with all other parts of Section 17.22.196 to remain the same.
Section 13. 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 14. 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 15. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
day of , 2018.
Matt Rahn, Mayor
APPROVED AS TO FORM:
Peter M. Thorson, City Attorney
ATTEST:
Randi Johl-Olson, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl-Olson, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 18-[ ] 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 ,
2018, 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 , 2018, the
following vote:
AYES: COUNCIL MEMBERS: [ ]
NOES: COUNCIL MEMBERS: [ ]
ABSTAIN: COUNCIL MEMBERS: [ ]
ABSENT: COUNCIL MEMBERS: [ ]
Randi Johl-Olson, City Clerk
EXHIBIT A
AFFORDABLE HOUSING OVERLAY MAP
a.
,�. ID APN ID APN
/ 1 920110004 23 959060014
.�' 2 909370050 24 959060016
•
3 909370049 25 959060017
.,/, 4 921330052 26 959070014
,, *ilk t 5 921330053 27 910272008
PDO 3 6 921330025 28 910272017s\ f 1 ��.�.� N 7 921330005 29 910272014
15 oP ��+ • 1 ���� 8 921280002 30 910272029
�� ,� Rorip 9 944330008 31 921060056
♦ Hawes on 10 944290016 32 921060058
/ ? Hil
�/ �0 12 944330005 34 921050020
, 12 944330005 34 921050020
ilitS 13 944330004 35 909270024
�° 14 944060009 36 909282013
WP 15 944370006 37 910262009 ,
42 w I 16 944370007 38 910272025
' / 17 944370005 39 910272018
�� 41 r
43R. Campos 18 944370013 40 910282002
44 1:// 43 Verdes 19 944370010 41 910272001
39 1,29 �Po Temecula 20 944370001 42 910262003
za�0 0��� Regional 21 922190033 43 910262007
® ,`�, Center 22 961440017 44 910262010
4 4 4�'1
������`. OVERLAND'DR
DOc �.- ® ► / O Affordable Housing Overlay Areas
i������ PDO-10• '/
•,,• O \ O� A wY l.. .._ Temecula City Boundary
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Corridor � � �` oar:08i24i2018
P
POD
O' -
/ � — `� ."'PDO-2 Margarita
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c6D ,P� 3� 1718 20' Hills
P P� 1:.. RANcil° ��
�. 4<�0 "`\ . GILIFORNIA RC),----------'
\
♦ P ci 14 16 1 u 19l
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\ 8 ' 11 �Y Paloma del
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° PDO-6
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22 "�_251h�/
0 Teme ula Ck" ---•"
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0 2,500 5,000 '••'••�.. ������
Feet ��•• �� PDO-1
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7,:\ ,
0 0 5 1 f. Creek Inn
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