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HomeMy WebLinkAbout2022-01 CC OrdinanceORDINANCE NO.2022-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 15 AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1) COMPLY WITH STATE LAW CHANGES TO LARGE FAMILY DAYCARE HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO SENIOR HOUSING, TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, EMERGENCY SHELTERS, TRASH ENCLOSURES, SELF -STORAGE OR MINI - WAREHOUSE FACILITIES AND TO PROJECTS USING THE AFFORDABLE HOUSING OVERLAY ZONE, (3) ESTABLISH STANDARDS AND REQUIREMENTS FOR DEDICATIONS AND IMPROVEMENTS FOR DEVELOPMENTS WITHOUT A SUBDIVISION, (4) UPDATE HOW DEVELOPMENT IMPACT FEES CAN BE USED, (5) CLARIFY WHERE ARTIFICIAL TURF CAN BE INSTALLED, AND (6) MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (11)(3) 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. City staff identified the need to make minor revisions and clarifications to portions of Title 15 (Building and Construction), and Title 17 (Zoning) of the Temecula Municipal Code. B. The code amendments are being made to address changes in State law where the City is now preempted from regulating large day care homes. In addition, this Ordinance amends the code to address and reflect the City's standard pattern and practice with respect to (1) improvements for developments without subdivisions (2) use of development impact fees, (3) the standards that apply to senior housing, transitional housing, supportive housing, emergency shelters, trash enclosures, and self -storage or mini -warehouse facilities, and (4) the standards that apply to projects in the Affordable Housing Overlay Zone. The code amendment also reaffirms when artificial turf can be installed and amends the definition of accessory dwelling units and junior accessory dwelling units. Finally, the code amendment makes minor typographical edits to the code. C. As required by State law, the Planning Commission considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Ordinance") on December 1, 2021, 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. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2021-41, recommending that the City Council approve the code amendments. E. The City Council, at a regular meeting, considered the Ordinance on January 25, 2022, 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. F. 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, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be treated as any other residential use would be treated. The proposed revisions to transitional and supportive housing clarify the standards that apply to these uses and are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to family day care homes are consistent with Goal 5 of the Growth Management/Public Facilities element of the Temecula General Plan, which is to ensure "Public and quasi -public facilities and services that provide for the social, cultural, civic, and religious, and recreational needs of the community." As a quasi -public facility, day care homes provide needed services to residents who may require day care services. For transitional, supportive, and emergency shelter facilities, Housing Element Policy 2.4 of the General Plan states, "Pursue all available forms of private, local, state, and federal assistance to support development and implementation of the City's housing programs." The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." The remaining proposed amendments to the Temecula Municipal Code are minor 1 clarifications and typographical edits and do not result in a contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. 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 proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed changes to family day care homes are required by recent state legislation that requires all day care facilities to be as treated as any other residential use would be treated. Changes to transitional and supportive housing are required to adhere to state law in compliance with Housing Program #3 of the Housing Element of the City's General Plan. Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing Element. The proposed changes related to senior housing are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design standards that promote the accessibility of housing for persons with special needs, such as the elderly..." All other proposed amendments are clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Municipal Code amendments would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.03.010 remaining unchanged: Table 17.03.010 Planning and Zoning Approval Authority Application Administrative Planning Planning City Approval Director Commission Council General plan amendment Recommendation' X' Zoning amendment: text 1 Recommendation X' changes Zoning amendment: map Recommendation' X' changes 1 J 1 Zoning amendment: specific plan, includes specific plan amendments Recommendation' X' Conditional use permit— existing building 1,2 X Conditional use permit with a development plan , , 3 X - 3 X Development plan (10,000 sq. ft. or greater) X, Development plan (less than 10,000 sq. ft.) X Major modifications X2,4 X' •4 Minor modifications X2 Administrative development plan X2 Home occupation plan X2 f6eility - - Minor exceptions X2 Sign permits X2 Sign programs, including sign program modifications X2 Temporary use permits X2 Variance X 1 Accessory Dwelling Unit V Hillside development permit X1 Section 5. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining unchanged: Table 17.06.030 Residential Districts Description of Use I HR I RR I VL I L- I L- I LM I M I H I HR-SM9 1 1 1 Residential Single-family detached P P P P P P P - P Duplex (two-family dwellings) - - - -2 -2 -2 P P - Single-family attached (greater than P P P two units) Multiple -family - - - - - - P P - Manufactured homes P P P P P P P P P Mobilehome park - - C8 C C C C C - Facilities for the mentally disordered, disabled, or dependent or neglected P P P P P P P P P children (six or fewer) Facilities for the mentally disordered, disabled, or dependent or neglected C C C C C C P P C children (seven to twelve) Alcoholism or drug abuse recovery or P P P P P P P P P treatment facility (six or fewer) Alcoholism or drug abuse recovery or C C C8 C C C P P C treatment facility (seven or more) Description of Use (residential 1111 R R V L L- L- L M M H HR-SM 9 continued) 1 2 Residential care facilities for the P P P P P P P P P elderly (six or fewer) Residential care facilities for the C C C C C C P P C elderly (seven or more) Residential care facilities (six or P P P P P P P P P fewer) Residential care facilities (seven or C C C C C C C P C more) Congregate care residential facilities P P P P for the elderly Rooming and boarding house - - - - - - C C - Accessory dwelling units P P P P P P P P P Guest house P P P P P P P4 P4 P Family day care homes —small and P P P P P P P P P large Family y eaTe homes-�+ I P I P P P P 1 Day care centers C C C C C C C C C Bed and breakfast establishments C C C C C C C C C Emergency shelters C C C, C C C P P C Transitional housing C- P C- Eg E E E-P P P C-P Supportive housing''-Z C-P - G P G P G P G P C-P - P P C-P Efficiency units - - - - - - P P - Nonresidential Agriculture/open space uses P P P P P P P P C Religious institutions C C C C C C C C C Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C C, C C C C C - Commercial marijuana activity - - - - - - - - - Marijuana cultivation10 - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C C, C C C C C - Kennels and catteries6 C C C - - - - - - Noncommercial keeping of horses, cattle, sheep and goats P P P P P P Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard - C C, C C C C C - Parking for commercial uses - - - - - - P P - Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C C, C C C C C - Home occupations P P P P P P P P P Construction trailers5,6 P P P P P P P P P Short-term rentals - - - - - - - - - Notes: 12. Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. E u Section 6. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L- 1, L-2, LM, M and H Zoning District) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged: Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard Carports Not permitted 5 ft. min. for support 5 ft. min. for support columns columns Detached guest Not permitted in the Refer to the rear yard Refer to the side yard house actual front yard' setbacks in Table setbacks in Table 17.06.040 17.06.040 Garage 20 ft. (Entrance faces 5 ft. min., but no less 5 ft. min. street) than 15 ft. from 10 ft. (Entrance from centerline of alley side not facing front yard) Storage/utility Not permitted 3 ft. 3 ft. enclosure Swimming pool Not permitted 5 ft. to water's edge 5 ft. to water's edge Swimming pool Not permitted 3 ft. 3 ft. equipment Spa Not permitted 3 ft. to water's edge 3 ft. to water's edge Antennas Not permitted 5 ft. 5 ft. Gazebo/garden Not permitted 5 ft. 5 ft. if interior side structure yard 10 ft. if street side yard on corner lot Solar collector Not permitted in front 10 ft. 0 in. 10 ft. 0 in. Ground mounted) yard Decks net to exeeed inehes Not permitted 5 ft. min. 5 ft. min. 36 above the gfe (not to exceed 36 inches above the ground) Roof Decks Must meet district development standards (i.e. setbacks, height, coverage, etc.) 1 Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yardl Patio covers 15 ft. 5 ft. min. 5 ft. min. measured at vertical supports Section 7. Subsection "I" (Family Day Care Home Facilities) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety, with all other provisions of Section 17.06.050 remaining unchanged. Section 8. Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to change any reference to the terms "Alcoholism and/or drug treatment facility" or "Alcoholism or drug treatment facility" to "Alcoholism or drug abuse recovery or treatment facility". Section 9. Subsection "M" of Section 17.10.020 (Supplemental development standards) of Chapter 17.10 (Supplement Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: "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: i. In the high density residential zoning district and the community commercial, highway tourism, service commercial, public/institutional district, and professional office zoning districts, the maximum density shall be thirty units per acre. ii. In the medium density residential zoning district and the neighborhood commercial zoning district, the maximum density shall be twenty 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 8 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 10. Subsection "N" 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 to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: "N. Self -Storage or Mini -Warehouse Facilities. 1. Development Standards. The following standards shall be applied to all new self - storage or mini -warehouse facilities: a. The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited; b. In commercial zoning districts the rear and side yard setbacks shall be a minimum of ten feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of twenty-five feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification; c. The maximum lot coverage and floor area ratio (FAR) shall be sixty-five percent; d. The development site shall provide a minimum of ten percent landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped; e. A manager's residential unit may be provided, but is not required; f. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public 1 1 1 view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director. 2. Performance and Use Regulations. a. Any business activity, other than rental of storage units, including the on -site sale of merchandise or garage sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. b. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. c. Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the development code schedule of permitted uses." Section 11. A new Subsection "R" 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 to read as follows, with all other provisions of Section 17.10.020 remaining unchanged: "R. Emergency Shelters. Emergency shelters shall be allowed in accordance with the land use table for the specific zone and provided that the following development standards are met: 1. The minimum floor area per occupant shall be at least one hundred fifty (150) square feet and the maximum number of occupants to be served at any given time shall not exceed fifty (50). 2. A minimum distance of three hundred feet (300') shall be maintained from any other emergency shelter. 3. The maximum stay per occupant at the facility shall not exceed ninety (90) days in a three hundred sixty five (365) day period. 4. On site client waiting and intake areas shall be located inside the building and shall be screened from public and private property where feasible. If not feasible, an exterior waiting area shall be provided that (a) contains a minimum of ten (10) square feet per bed provided at the facility; (b) is in a location not adjacent to the public right of way; and (c) is visibly separated from public view by a minimum six foot (6) tall visual screening. 5. A minimum of one employee per fifteen (15) beds shall be on duty and remain on site during operational hours whenever clients are on the site. Licensed security personnel shall also be provided during operational hours whenever clients are on the site and when people are waiting outside the facility. The licensed security personnel shall be in addition to the minimum employee requirement set forth above. 6. Exterior lighting shall be provided for the entire outdoor area of the site, and shall be stationary, shielded, and directed away from adjacent properties and public rights of way. Lighting should be provided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances. 7. A minimum of one parking space for every ten (10) beds, plus one-half (1 /2) parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent (25%) if the shelter is located within one thousand feet (1,000') of a public transit stop. Bicycle rack parking shall also be provided at the facility. 8. The facility may provide the following services and facilities to clients in a designated area separate from the sleeping areas: a. A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view with landscaping. b. A counseling center for job placement, educational, healthcare, legal, or mental health services. c. Laundry facilities to serve the occupants at the shelter. d. A kitchen for the preparation of meals. e. A dining hall. f. Client storage areas (i.e., for the overnight storage of bicycles and personal items). 9. The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use. 10. A management plan shall be submitted to be reviewed, approved, and enforced by the director of community development. The management plan shall be approved before issuance of a building permit (including those building permits solely utilized for occupancy only). The management plan shall be comprehensive and shall address, at a minimum, hours of operation, eligibility requirements, admission hours and process, staff training, case management, neighborhood outreach and privacy, resident counseling and treatment, maintenance plans, residency and guest rules and procedures including rules pertaining to drugs, alcohol, tobacco, weapons and fraternization, staffing and volunteer needs, including job descriptions, procedures related to families with children, policies related to personal effects, disciplinary procedures, safety policy, grievance procedures, and emergency preparedness plan." Section 12. A new Subsection "S" 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 to read as follows, with all other provisions of Section 17.10.020 remaining unchanged: "S. Trash Enclosures Trash enclosures shall be designed in a manner that incorporates the following requirements: 1. Trash enclosures shall be designed in a size, manner, and location that is approved by the City's trash purveyor and the City. 2. Trash enclosures shall be designed in accordance with the City's most recent design standards. 3. Trash enclosures shall incorporate architectural design features from the surrounding architecture, including finishes, roofing, and colors. 4. Trash enclosures shall incorporate a solid (non -permeable) roof and working interior illumination (a minimum of one foot candle throughout the interior). 1 1 5. Trash enclosures shall have working locking mechanisms on all access gates, including pedestrian access gates, that shall remain locked and accessible only to authorized users (residents, commercial tenants, etc.) during times when pick-up service is not scheduled. 6. Trash enclosures shall have anti -dumping design features incorporated into the design of the trash enclosure, which prevent (a) the transfer of materials over or around the trash enclosure, and (b) the unauthorized entry into any portion of the trash enclosure or unauthorized dumping. Anti -dumping features must be designed in complimentary design manner to the existing or proposed building, and shall not include chain link fence, razor wire, or barbed wire. 7. When required by the Public Works Department, the trash enclosures shall have a drain that is tied into the sewer purveyor and designed to the sewer purveyor's standards. 8. When required by the Public Works Department, trash enclosures shall have a functioning hose bib located within the interior of the trash enclosure to keep the trash enclosure free of potential pollutants. The hose bib shall have a detachable key and/or locking mechanism. The hose bib shall be designed in a manner where the hose bib is protected from damage occurring from normal operations by location or another physical barrier. 9. Upgrades to existing trash enclosures may be required as determined by the Public Works Director, based upon the scope of tenant improvements to an existing building, building additions or other similar modifications. Tenant improvements at restaurants, automobile repair facilities, and other uses with a higher likelihood of pollutants will require upgrades to the existing trash enclosures." r* `, - , Architectural Roof f Pr 1 Durable Doors with Locking Anti-dumping1 +� Mechanism 1.. Features � � � � /� W'� i Matching Building Finishes (Stucco, Brick, Etc.) y SAMPLE TRASH ENCLOSURE Section 13. Note 4 of 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 12 1 amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.12.030 remaining unchanged: "4. Residential, multiple -family housing shall be allowed in the PI zone only if LD the affordable housing overlay (AHO) applies to the property, (2) the proposed development complies with all of the requirements of the High Density Residential District Standards outlined in Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards) and (3) the proposed development complies with all requirements of Chapter 17.21." Section 14. Table 17.12.040 (Development Standards — Public Institutional Districts) of Section 17.12.040 (Development Standards) of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new note 1 to read as follows (with additions appearing in underlined text): GL Table 17.12.040 Development Standards—Public/Institutional Districts Development Standard'' PI District Minimum lot size 7,000 sq. ft. Minimum lot width 50 ft. Minimum lot depth 100 ft. Maximum lot coverage 35% Floor area ratio 0.3 Setbacks!: Front yard 20 ft. Interior side yard 5 ft. Street side yard 15 ft. Rear yard 15 ft. Rear yard —adjacent to alley or street 20 ft. Minimum landscape coverage'- 25% Note: 1. Residential. multiple-familv housine utilizing the affordable housing overlav (AHO) shall comply with all of the requirements of the High Density Residential District Standards outlined in Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development Standards) and the development shall comply with all requirements of Chapter 17.21." Section 15. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned Development Overlay District-2) of Section 17.22.116 (Use regulations.) of Chapter 17.21 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and 13 1 1 1 additions appearing in underlined text), with all other provisions of Table 17.22.116 remaining unchanged: Table 17.22.116 Schedule of Permitted Uses Margarita Road Planned Development Overlay District-2 Description of Use PDO-2 Residential Single-family detached P' Duplex(two-family dwellings) P' Single-family attached eater than two units P Multiple -family P Manufactured homes P Mobilehome park - Facilities for the mentally disordered, disabled or dependent or neglected children six or fewer P Facilities for the mentally disordered, disabled or dependent or neglected children seven to twelve P Alcoholism or drug abuse recovery or treatment facility six or fewer P Alcoholism or drug abuse recovery or treatment facility seven or more P Residential care facilities for the elderly six or fewer P Residential care facilities for the elderly seven or more P Congregate care residential facilities for the elderly P Boarding, rooming and lodging facilities C Secondary dwelling units - Guest house P3 Family day care homes —small and lar e P Family day eafe heffH*-4ar-ge P Day care centers C Bed and breakfast establishments - I Emerizencv shelters P Transitional housingI' Nonresidential Agriculture/open sace uses P Religious institutions - Public utility facilities - Educational institutions - Public libraries C Public museums and art galleries not for profit) - Kennels and catteries - Noncommercial keeping of horses, cattle, sheep and goats - Temporary real estate tract offices P Recreational vehicle storage yard CZ 14 Parking for commercial uses I- Section 16. Section 17.23.020 (Definitions) of Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text) with all other provisions of Section 17.23.020 remaining unchanged: "Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code section 65852.2, as the same may be amended from time to time. An Accessory dwelling unit contains a kitchen. which may include tlumbing. electrical, mechanical, and/or nhvsical space set aside for cookina or meal nrenaration facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. "Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition) of the primary dwelling and shares a common wall with the primary dwelling. "Detached ADU" means an ADU that is constructed as a separate structure from the primary dwelling, which does not share any walls with the primary dwelling. "Existing structure" means an existing single-family dwelling or other accessory structure that can be safely converted into habitable space under the California Building Standards Code, as amended by the city, and other applicable law. "Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing_ electrical, mechanical, and/or physicalpace set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher. "Primary dwelling", for purposes of this chapter, means the existing or proposed single- family dwelling on the lot where an ADU would be located. "Public transit", for purposes of this chapter, has the meaning ascribed in Government Code Section 65852.26), as the same may be amended from time to time. Section 17. Subsection "K" of Section 17.32.060 (Landscape Design Requirements.) of Chapter 17.32 (Water Efficient Landscape Design) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new number "9" to read as follows, with all other provisions of Section 17.32.060 remaining unchanged: "9. Artificial/synthetic turf is not a permitted plant material in commercial, industrial, or mixed -use zones and/or multi -family projects. Green artificial turf may be permitted in commercial, industrial, and/or mixed -use zones or multi -family projects when utilized for bona fide recreational facilities such as a sports field. Green artificial/synthetic turf is a permitted non - plant material for single family homes when used in place of a lawn or other landscaped area of the home." 15 Section 18. The Temecula Municipal Code is hereby amended to add a new Chapter 15.07 (Dedications and Improvements Where No Subdivision is Involved) to Title 15 (Buildings and Construction) which shall read as follows: "Chapter 15.07 Dedications and Improvements Where No Subdivision is Involved 15.07.010 Purpose. 15.07.020 Dedications required. 15.07.030 Design of public improvements and security. 15.07.040 Deferrals of Public Improvement Requirements. 15.07.050 Exemption for Expansion of Existing Single Family Homes. 15.07.010 Purpose. The purpose of this chapter is to establish standards and requirements for dedications and improvements in connection with the development of land in which no subdivision is involved. 15.07.020 Dedications required. A. Applicants who propose new development within the city 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, trail, and/or bicycle path as shown on the circulation plan in the general plan or any supplemental document identified in the general plan, any applicable specific plan, or as otherwise required by the city engineer in connection with a land use entitlement pursuant to Title 17. Rights -of -way shall also be provided for improvements to existing facilities including rights -of -way for storm drains, trails, bicycle paths, or other required public facilities. All rights -of -way shall be accompanied by a title examination report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit for a subject property. 15.07.030 Design of public improvements and security. A. Public Improvements. Applicants shall construct public improvements to city standards and shall comply with the requirements set forth in Section 16.30.080, with the following modifications: 1. Any reference to "tentative map" or "final or parcel map" is replaced with "land use entitlement"; and 2. Any reference to "subdivider" is replaced with "applicant". B. Security. Applicants are required to guarantee the construction of public improvements by executing an improvement agreement secured by a bond or cash deposit before issuance of a building permit for the subject property. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The city engineer is authorized to execute agreements on behalf of the city. The improvement agreement and security I, shall comply with the requirements set forth in Section 16.30.100 (A) through (E) with the following modifications: 1. Any reference to "subdivision improvement agreement" is replaced with "improvement agreement"; 2. Any reference to "subdivider" is replaced with "applicant"; 3. The reference in Section 16.30.100(B) to agreements being executed by "those parties executing the final or parcel map" shall be replaced with "the applicant"; and 4. The reference in Section 16.30.100(C) to "final tract map, parcel map waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement". 15.07.040 Deferrals of Public Improvement Requirements. Any required frontage improvements may be deferred when deemed appropriate by the city engineer. Deferral shall be allowed only when the city engineer finds that construction is impractical due to physical constraints. When improvements are deferred, the applicant shall enter into an agreement with the city for the installation of all frontage improvements at a future date as determined by the city engineer. The agreement shall be approved by the city attorney. The agreement shall provide for the following: A. Construction of required improvements shall begin within ninety (90) days of the receipt of notice to proceed from the city engineer; B. In the event of default by the applicant or successors, the city is authorized to cause the construction to be done and charge the entire cost and expense to the applicant or successors, including interest from the date of notice of the cost and expense until paid; C. The agreement shall be recorded with the county recorder, at the expense of the applicant, and shall constitute: 1. Notice to all successors of title to the real property of the obligation; and 2. A lien in an amount to fully reimburse the city for the cost of constructing the improvements, including interest as outlined above, subject to foreclosure in the event of default in payment. D. In the event of litigation caused by a default of the applicant or successors, the applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which shall become a part of the lien against the real property; E. The term "applicant" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns, with the intent that the obligations undertaken shall run with the real property and constitute a lien against it: and F. Other provisions deemed necessary by the city engineer. 15.07.050 Exemption for Expansion of Existing Single Family Homes. A. The following developments shall be exempt from the requirements of this chapter to construct street improvements: 1. The addition, enlargement, expansion, alteration, extension, reconstruction or replacement of any existing single family dwelling and/or accessory 17 structure up to a maximum increase in square footage of 25% to the existing dwelling or structure 2. The construction of an accessory dwelling unit up to 1,200 square feet in size. 3. The development of non -habitable accessory structure(s) as provided for under Section 17.06.050 of this Chapter 17.06 (Residential Districts). B. A development that is exempt from the requirement to construct street improvements as provided for in this section shall remain subject to the requirement to provide the city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition, enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single family dwelling and/or habitable accessory structure regardless of size. C. No exemption from the requirement to construct street improvements shall be granted if the city engineer determines that the lack of street improvements in this case would be a potential danger to the public health, safety, and welfare." Section 19. Section 15.06.060 (Use of Funds.) of Chapter 15.06 (Public Facilities Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby renamed "Accounting and Use of Development Impact Fees, and amended in its entirety to read as follows: "The City shall establish separate accounts for each category of development impact fee established by the City Council and deposit development impact fees collected into the appropriate account. The money deposited into these accounts, and any interest earnings thereon, shall be used solely for the public improvements, public services, and community amenities for which the development impact fees were imposed. Development impact fees may be used to pay the principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or on behalf of the City to finance such improvements, services and amenities." Section 20. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 21. 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 22. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 11 18 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of February, 2022. ATTEST: Randi Johl, City Clerk [SEAL] 1 1 Matt Rahn, Mayor 19 1 1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022-01 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25`h day of January, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of February, 2022, by the following vote: AYES: 4 COUNCIL MEMBERS NOES: 1 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS: ABSENT: 0 COUNCIL MEMBERS Edwards, Rahn, Schwank, Stewart Alexander None None Randi Johl, City Clerk 20