HomeMy WebLinkAbout2022-02 CC OrdinanceORDINANCE NO.2022-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 (ZONING) OF THE
TEMECULA MUNICIPAL CODE TO REVISE THE MULTI-
FAMILY DEFINITION AND REQUIRE THAT MULTI-
FAMILY AND MIXED -USE DEVELOPMENTS COMPLY
WITH OBJECTIVE DESIGN STANDARDS AND MAKE
THE FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE
SECTIONS 65852.21(J) AND 66411.7(N) (LONG-RANGE
PROJECT NO. LR18-1684)
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. In 2017, the Housing Accountability Act ("HAA") was significantly strengthened
through the passage of three bills, Senate Bill ("SB") 167, Assembly Bill ("AB") 678 and AB
1515. These bills were part of a comprehensive group of laws enacted to address California's
housing shortage. This signaled a significant shift in the focus of the state's housing policies from
planning to production. In 2018, AB 3194 further amended and strengthened the HAA. As clarified
by AB 3194, when there are inconsistencies between the General Plan and zoning regulations, the
General Plan policies take precedence; and
B. On January 1, 2018, SB 35, intended to help address California's housing shortage,
went into effect, requiring a streamlined and ministerial review process for multi -family housing
projects meeting specific qualifications; and
C. On January 1, 2019, AB 2162, intended to help address California's need for
supportive and emergency housing, went into effect, requiring a streamlined and ministerial review
process for supportive housing meeting specific qualifications; and
D. On January 1, 2020, SB 330, intended to create certainty in the development of
housing projects, went into effect, speeding up the review of these project, and created restrictions
on new local regulations; and
E. On January 1, 2022, SB 9 will go into effect, that requires cities to ministerially
approve, within single family residential zones, housing developments containing no more than
two residential units and parcel maps for urban lot splits; and
F. With certain limitations, the above -referenced laws permit the City to impose
design standards on housing projects, so long as those standards are objective and involve no
personal or subjective judgment by a public official and are uniformly verifiable by reference to
an external and uniform benchmark or criterion available and knowable by both the development
applicant or proponent and the public official prior to submittal. Staff developed the "Objective
Design Standards for Multi -Family and Mixed -Use Developments" (referred to as "Objective
Design Standards") to establish objective design standards that will apply to any housing
development project, pursuant to State law, requires ministerial approval. Staff also identified the
need to amend a portion of Title 17 (Zoning) of the Temecula Municipal Code to revise the multi-
family definition and to require that multi -family and mixed -use developments comply with
Objective Design Standards as permitted by State law; and
G. The Planning Commission, at a regular meeting, 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 or in opposition to this
matter; and
H. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2021-40, recommending that
the City Council adopt (1) a Resolution adopting the Objective Design Standards for Multi -Family
and Mixed -Use Developments and (2) an Ordinance of the City Council of the City of Temecula
Amending Title 17 (Zoning) of the Temecula Municipal Code to revise the multi -family definition
and require that multi -family and mixed -use developments comply with objective design standards
and make the finding that this Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Government Code Section
65852.210) and 66411.7(n); and
I. 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 City staff and interested
persons had an opportunity to and did testify either in support or opposition of this matter; and
J. 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;
and
K. All legal preconditions to the adoption of this Resolution have occurred.
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 (Zoning) of the Temecula Municipal Code do not
propose any changes to land use designations. The proposed amendments to Title 17 require that
multi -family and mixed -use residential developments comply with objective design standards.
These projects will still need to comply with the land use designation of the General Plan.
2. The proposed use is in conformance with the goals, policies, programs, and
guidelines of the elements of the general plan.
Requiring that multi -family and mixed -use housing developments comply with objective
design standards conforms with Goal 2 of the Design Element of the Temecula General Plan,
which is to ensure "design excellence in site planning, architecture, landscape architecture and
signs," and Policy 2.1 to "establish and consistently apply design standards and guidelines for both
residential and non-residential development," and Policy 2.3 to "provide development standards
ensuring higher quality building and site design that is well integrated with the infrastructure and
circulation systems."
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 adoption of objective design standards for multi -family and mixed -use housing
developments will ensure quality designs for multi -family and mixed -use residential projects.
Requiring that these project comply with objective design standards furthers Goal 2 of the Design
Element of the Temecula General Plan which is to ensure "design excellence in site planning,
architecture, landscape architecture and signs," and with Policy 2.1 to "establish and consistently
apply design standards and guidelines for both residential and non-residential development," and
with Policy 2.3 to "provide development standards ensuring higher quality building and site design
that is well integrated with the infrastructure and circulation systems."
Section 3. Environmental Compliance. Environmental Compliance. In
accordance with the California Environmental Quality Act, the Ordinance has been deemed to be
exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to
Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the
Ordinance will have a significant effect on the environment. The Ordinance revises the multi-
family definition so that it applies to any housing project with two or more units and requires that
multi -family and mixed -use housing developments comply with objective design standards. The
adoption of the Ordinance will not result in any increase in the intensity or density of any land use
above what's currently allowed. Moreover, Government Code Sections 65852.210) and
66411.7(n) provide that an ordinance adopted to implement SB 9 is not a project under CEQA.
The City Council of the City of Temecula hereby adopts a Notice of Exemption for the proposed
ordinance.
Section 4. Chapter 17.06 (Residential District) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to add a new Section titled "17.06.90 (Objective Design
Standards — Multi -Family and Mixed -Use)" to read as follows:
"Any housing development project that pursuant to State law, requires ministerial approval or
where the housing development project is subject to discretionary review, but a Specific Plan or a
Planned Development Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the project shall comply with the Temecula Objective Design Standards
for Multi -Family and Mixed -Use Developments."
3
Section 5. Table 17.06.030 (Residential Districts) of Chapter 17.06 (Residential
District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended as follows (with
additions appearing in underlined text), with all other provisions of Table 17.06.030 (Residential
Districts) remaining unchanged:
Table 17.06.030
Residential Districts
Description of Use
HR
RR
VL
L-1
L-2
LM
M
H
HR-SM9
Duplex (two-family dwellings)
-
_
_
2,12
2,12
2,12
p12
pie
_
Multi -Family
_
_
_
_
-
_
p12
p12
_
Notes:
12. Anv housina development Droiect that. Dursuant to State law, reauires ministerial approval or
where the housingdevelopment evelopment project is subject to discretionary review but a Specific Plan or a
Planned Development Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the Droiect shall comply with the Temecula Obiective Design Standards
for Multi -Family and Mixed -Use Developments.
Section 6. Subsection "D" of Section 17.06.070 (Residential Performance Standards)
of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows, (with
deletions shown in strikethrough text, and additions shown in underline) with all other provisions
of Section 17.06.070 remaining unchanged:
"D. Multi -Family or Attached Single -Family Residential Development. The following design
criteria shall apply to all new multi -family or attached single-family residential projects.
1. Obiective Design Standards. Anv housing development project that, pursuant to
State law, requires ministerial approval or where the housingdevelopment evelopment project
is subject to discretionary review, but a Specific Plan or a Planned Development
Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the project shall comply with the Temecula Objective
Design Standards for Multi -Family and Mixed -Use Developments.
2. Streetscape. Use creative entry treatments and other architectural features such as
porches, balconies, shutters and dormers.
Use a variety of complementary colors and avoid the use of a single dark color
without contrast.
Use various window shapes and sizes with special details such as multipaned or
curved windows.
Develop a consistent design theme throughout the project through the use of similar
materials, colors, shapes, and forms and architectural design details.
Buildings should be designed so that there is visual relief in building facades,
especially those viewed from the street. This can be accomplished by using
appropriate combinations of building materials, use of materials with texture or
depth, providing appropriately located window or door openings and by providing
variations in the building footprint.
3. Massing and Scale. The bulk of the building should be divided to reduce the
apparent scale and provide visual interest. Box -like designs should be avoided. This
can be accomplished through the following strategies:
a. Use variations in the building footprints and facades. Such variations should
be proportional to the overall bulk of the buildings with variations being greater for
large buildings.
b. Use a variety of shapes and forms including architectural projections such as
roof overhangs, box windows, stairways, balconies, and cantilevers that create
shadows on the building.
c. Use contrasting vertical and horizontal elements that help to break the visual
mass of the fagade into small areas.
d. The bulk of the roof should be divided into smaller areas to reduce the
apparent scale of the building and provide visual interest.
4. Compatibility. Where a neighborhood area has an identifiable character, new
development within that neighborhood should be designed to maintain that
character. This can be accomplished by designing new housing to be in scale with
the existing structures by using similar or complementary materials or colors and
by using similar building forms, shapes, or architectural details.
Section 7. Section 17.08.030 (Use Regulations) Table 17.08.030 (Schedule of
Permitted Uses Commercial/Office/Industrial Districts) of Chapter 17.08 (Commercial/Office/
Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
add footnote 9 to Residential, multi -family housing under Description of Use as follows (with
additions appearing in underlined text):
Description of Use
NC
CC
HT
SC
PO
BP
LI
Residential, multi -family housing
-
C9
-
-
P8,2
-
-
Notes
9. Anv housine development proiect that. pursuant to State law, reauires ministerial approval or
where the housingdevelopment project is subject to discretionary review, but a Specific Plan or a
Planned Development Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the project shall comply with the Temecula Objective Design Standards
for Multi -Family and Mixed -Use Developments.
Section 8. Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to add a new section titled "17.10.030
Objective Design Standards — Multi -Family and Mixed -Use Development) to read as follows:
"Any housing development project that, pursuant to State law, requires ministerial approval or
where the housing development project is subject to discretionary review, but a Specific Plan or a
Planned Development Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the project shall comply with the Temecula Objective Design Standards
for Multi -Family and Mixed -Use Developments."
Section 9. Article I. Generally of Chapter 17.22 (Planned Development Overlay
Zoning District (POD-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended
to add a new section titled "17.22.080 (Objective Design Standards for Multi -Family and Mixed -
Use Developments) to read as follows:
"Any housing development project that, pursuant to State law, requires ministerial approval or
where the housing development project is subject to discretionary review, but a Specific Plan or a
Planned Development Overlay Zoning District (PDO) does not otherwise set forth objective design
standards applicable to the project shall comply with the Temecula Objective Design Standards
for Multi -Family and Mixed -Use Developments."
Section 10. Section 17.34.010 (Definition and illustrations of Terms) of Chapter 17.34
(Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
revise the definition of "multi -family dwelling" as follows (deletions shown in strikethrough text,
additions shown in underline), with all other provisions of Section 17.34.010 remaining
unchanged:
"Dwelling, Multifamily. "Multifamily dwelling" means a building or portion thereof and/or
designed as a residence with dwee two or more separate dwelling units.
Section 11. 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 12. 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 13. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
LJ
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 8►h day of February, 2022.
ATTES .
Randi Jo , City Clerk
[SEAL]
[1
1
Matt Rahn, Mayor
1
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. 2022-02 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 8`h day of February, 2022, by the following vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS:
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS:
Alexander, Edwards, Rahn, Schwank,
Stewart
None
None
None
Randi Johl, City Clerk