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HomeMy WebLinkAbout18-24 PC Resolution PC RESOLUTION NO.18-24 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 ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT" (LR17-1551) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. Staff identified a need to amend the City's Development Code to adopt regulations to conform with State density bonus law. The City's Development Code allows for density bonuses and development concessions for senior and affordable housing, but Program 4 of the City's 2014-2021 Housing Element provides that the City will establish a density bonus program that is consistent with updated versions of Density Bonus Law. B. The proposed 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 proposed Ordinance 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. D. 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. LR17-1551 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 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 Ordinance conforms to the City of Temecula General Plan in that it implements Program 4 of the General Plan Housing Element which identified that the City will establish a density bonus program that is consistent with the updated versions of Density Bonus Law. Additionally, the proposed Ordinance implements the following goals and policies contained in the 2014-2021 Housing Element: Policy 1.2, 2.1, 2.2 and 5.2 related to the development of a range of housing types in the City, promoting housing opportunities that accommodate the needs of all income levels of the population, and supporting the development of affordable housing. Section 3. Environmental Compliance. The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. Section 4. Recommendations. The Planning Commission of the City of Temecula recommends that the City Council adopt the proposed Ordinance which amends the density bonus provisions of the Development Code, in substantially the same form as attached hereto as Exhibit "A." Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September, 2018. ary oumans, Chairman 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. 18-24 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 Luke Watson Secretary ORDINANCE NO. 18- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ADOPT REGULATIONS TO CONFORM WITH DENSITY BONUS LAW (CALIFORNIA GOVERNMENT CODE SECTION 65915), AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 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. 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. WHEREAS, the City Council of the City of Temecula adopted the City's 2014- 2021 Housing Element on January 28, 2014. WHEREAS, Government Code Section 65915 requires that local governments adopt procedures for processing a density bonus application. WHEREAS, Government Code Section 65915 requires that local governments grant a density bonus to applicants for housing developments where the applicant agrees to reserve a specific percentage of the total units as affordable housing or senior housing, in accordance with the requirements of Section 65915. WHEREAS, the City's Development Code already allows for density bonuses and development concessions for senior and affordable housing, but Program 4 of the City's 2014-2021 Housing Element provides that the City will establish a density bonus program that is consistent with updated versions of Density Bonus Law. WHEREAS, the Legislature recently amended Government Code Section 65915 to clarify certain provisions of Density Bonus Law, and the City wishes to update the Development Code to ensure consistency with State law and clarify how to implement the density bonus program. 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 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 against 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- 24, recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance 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 against 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. Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment hereby makes the following findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: A. This Ordinance is consistent with State Housing Law, the Temecula 2014-2021 Housing Element, and the Temecula General Plan. This Ordinance clarifies the City's density bonus provisions to conform to the requirements of California Government Code Section 65915. B. The proposed Ordinance amends portions of Title 17 of the Temecula Municipal Code to conform with State Density Bonus Law and with the goals, policies, programs, and guidelines of the City's General Plan. Specifically, the Ordinance implements the following goals and policies contained in the City's 2014-2021 Housing Element: 1. 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; 2. 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 by promoting the City's program of density bonuses and incentives; 3. Policy 2.2 Support innovative public, private, and nonprofit efforts in the development of affordable housing, particularly for special needs groups; 4. Policy 5.2 Support efforts to ensure that all income segments of the community have unrestricted access to appropriate housing. C. The housing developments that would be authorized by this Ordinance would be established and maintained in a manner consistent with the General Plan, specifically the policies described above, and all applicable provisions therein. SECTION 3. Footnote 1 in Table 17.06.040 (Development Standards - Residential Districts) of Section 17.06.040 (Development Standards.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows, with all other sections of Section 17.06.040 to remain the same: "The allowed density for a particular project may exceed the maximum densities stated herein, as required by California Government Code Section 65915 and Section 17.10.020 of this Title." SECTION 4. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to revise the definition of "Density bonus" as follows, with all other definitions and provisions to remain the same: —Density bonus" means the density increase over the otherwise maximum allowable gross residential density as of the date of application by the applicant, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b) of California Government Code Section 65915." SECTION 5. Subsection "M" of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows, with all other subsections of Section 17.10.020 to remain the same: "M. Senior Housing/Congregate Care Facilities. Senior housing and congregate care facilities are permitted in the zoning districts identified in the land use tables, subject to the approval of a development plan. Senior housing and congregate care facilities shall comply with the following: 1. Senior housing shall comply with all the provisions of the development code, unless modified by the following provisions: a. The maximum densities for senior housing are as follows: In the high density residential zoning district and the community commercial, highway tourism, service commercial and professional office zoning districts, the maximum density shall be 30 units per acre. ii. In the medium density residential zoning district and the neighborhood commercial zoning district, the maximum density shall be 20 units per acre. iii. In the low medium residential zoning district, the maximum density shall be eight units per acre. b. The net livable area for each dwelling unit shall not be less than four hundred square feet for an efficiency unit, five hundred fifty square feet for a one- bedroom unit, and seven hundred square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit. c. Senior housing shall comply with the requirements for senior housing developments set forth in Civil Code section 51.3 et seq. 2. Congregate care projects shall comply with all the provisions of the development code unless modified by the following provisions: a. The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e., required setbacks, parking, landscaping, open space, etc.). b. The disabled units shall comply with the standards set forth in Title 24 of the California Code of Regulations. 3. The provisions of this subsection shall apply to all approved specific plans within the City of Temecula, unless the specific plan contains specific standards for the type of housing being considered." SECTION 6. A new subsection "Q" is hereby added to Section 17.10.020 (Supplemental development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code: "Q. Density Bonus Law. 1. In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the City Council. 2. City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a development plan review or administrative approval that is required by this Code. 3. The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios. 4. For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the City shall grant a density bonus in an amount specified by Government Code Section 65915. The density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. The amount of the density bonus shall not exceed 35 percent. 5. For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail. 6. The City shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The City shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments. 7. The applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The City shall approve a waiver or reduction of a development standard, unless it finds that: a. The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant; b. The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; c. The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or d. The waiver or reduction of the development standard would be contrary to state or federal law. 8. The applicant shall comply with all requirements stated in Government Code Section 65915. 9. The applicant shall enter into an agreement with the City to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property. 10.An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915. 11.The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein." SECTION 7. Environmental Findings. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this Ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that this Ordinance would have a significant impact on the environment pursuant to State CEQA Guideline Section 15061(b)(3). More specifically, this Ordinance merely incorporates State law, allowing applicants to seek a density bonus pursuant to Government Code Section 65915. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. SECTION 8. Severability. If any section subsection, subdivision, paragraph, sentence, clause or phrase 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, subsection, subdivision, paragraph, sentence, clause or phrase hereof, 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 9. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. SECTION 10. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , . Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of September, 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 , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk