HomeMy WebLinkAbout2023-18 PC Resolution PC RESOLUTION NO.2023-18
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 COUNCIL
OF THE CITY OF TEMECULA AMENDING TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO IMPLEMENT
THE PROGRAMS IN THE CITY'S HOUSING ELEMENT
BY (1) ADDING DEFINITIONS FOR AGRICULTURAL
EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY
DAY CARE HOME, LARGE FAMILY DAY CARE HOME,
LOW BARRIER NAVIGATION CENTER AND SMALL
FAMILY DAY CARE HOME, (2) PROVIDING THAT
EMPLOYEE HOUSING AND AGRICULTURAL
EMPLOYEE HOUSING ARE PERMITTED USES IN THE
HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)
PROVIDING THAT RESIDENTIAL CARE FACILITIES
FOR THE ELDERLY (SEVEN OR MORE) ARE
PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-
SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE
FACILITIES (SEVEN OR MORE) ARE PERMITTED USES
IN THE HR, RR,VL, L-1, L-2,LM,M,AND HR-SM ZONES,
(5) PROVIDING THAT COMMUNITY CARE FACILITIES
ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6)
ADDING SUPPORTIVE HOUSING STANDARDS, (7)
PROVIDING THAT SUPPORTIVE HOUSING,
TRANSITIONAL HOUSING AND LOW BARRIER
NAVIGATION CENTERS ARE PERMITTED USES IN THE
NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6,
PDO-7, PDO-10, AND PDO-14 ZONES, (8) PROVIDING
THAT TRANSITIONAL HOUSING AND SUPPORTIVE
HOUSING ARE A PERMITTED USE IN THE PDO-11,PDO-
12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY
SHELTER PARKING STANDARDS, (10) PROVIDING
THAT ACCESSORY DWELLING UNITS (ADUS) ARE
PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-
11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU
REGULATIONS, (12) REVISING REASONABLE
ACCOMMODATION REGULATIONS, (13) REVISING
PARKING STANDARDS FOR MULTI-FAMILY
RESIDENTIAL USES WITH 12 UNITS OR LESS, (14)
MAKING OTHER REVISIONS TO CONFORM WITH
CHANGES IN STATE LAW, AND (15) MAKING A
FINDING THAT NO FURTHER ENVIRONMENTAL
REVIEW IS REQUIRED UNDER CEQA GUIDELINES
SECTION 15162"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find,determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of
Title 17(Zoning)of the Temecula Municipal Code.
B. The Planning Commission, at a regular meeting, considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code on October 18, 2023, 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.
C. The proposed amendments to Title 17 are consistent with the City of Temecula
General Plan, and each element thereof.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City Council
adopt the Ordinance attached hereto as Exhibit"A".
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. In recommending adoption of the proposed Ordinance,
the Planning Commission of the City of Temecula does hereby make 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 Ordinance amends existing land use and zoning procedures consistent with
the City Housing Element and State law to provide that low barrier navigation centers are
a use by right in areas zoned for mixed uses and nonresidential zones permitting
multifamily uses, that supportive housing is a use by right in zones where multifamily
and mixed uses are permitted, including nonresidential zones permitting multifamily
uses, and that transitional housing and supportive housing shall be considered a
residential use of property and shall be subject only to those restrictions that apply to
other residential dwellings of the same type in the same zone, and that accessory dwelling
units are permitted in all residential zones. The ordinance also allows for employee
housing and agricultural housing, community care facilities, and residential care facilities
(seven or more)in certain residential zones. These are residential uses that are allowed in
the land use designation in which the uses will be located. Other amendments to Title 17
of the Temecula Municipal Code do not concern a particular land use designation, but are
designed to be consistent with State Housing Law, the Temecula Housing Element
Update, the federal Fair Housing Act, and the California Fair Employment and Housing
Act, and to be internally consistent with the other elements of the Temecula General Plan
and the Temecula Municipal Code.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines
of the elements of the general plan.
The Ordinance implements the goals and policies contained in the City's 2021-2029
Housing Element. Inclusion of Agricultural Employee and Employee housing furthers
Policy 1.2 of the Housing Element which is to, "Encourage residential development that
provides a range of housing types in terms of cost, density, unit size, configuration, and
type, and presents the opportunity for local residents to live and work in the same
community by balancing jobs and housing types." Inclusion of Residential Care
Facilities, Residential Care Facilities for the Elderly, Community Care Facilities
implements Goal 2 of the Housing Element which is to, "Provide housing for people of
different economic segments and with special needs." Addition of Supportive Housing,
Transitional Housing, and Low Barrier Navigation Centers furthers Goal 5 of the
Housing Element which is to, "Affirmatively further fair housing, providing equal
housing opportunity for all residents in Temecula." Implementation of revised reasonable
accommodations, revised parking standards, and implementing a streamlined review
process all further Goal 3 of the Housing Element, which is to, " Reduce and/or remove
governmental and nongovernmental constraints in the maintenance, improvement, and
development of housing, where appropriate and legally possible."The Ordinance amends
the Municipal Code to implement the programs of the Housing Element to remove
constraints on the development of housing.
3. The proposed uses are to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
The Ordinance has been designed to be consistent with State Housing Law, the federal
Fair Housing Act, the California Fair Employment and Housing Act, and to be internally
consistent with the other elements of the Temecula General Plan and all applicable
provisions contained therein.
Section 3. Environmental Compliance. Pursuant to the California Environmental
Quality Act ("CEQA") and the City's local CEQA Guidelines, the City Council has reviewed
and considered the Final Environmental Impact Report ("FEIR") for the General Plan certified
by the City Council on April 12, 2005 (State Clearinghouse No. 2003061041), including the
impacts and mitigation measures identified therein. Staff has also reviewed Addendum 2021-01
to the FEIR which was prepared and adopted in connection with the City Council's adoption of
the 2021-2029 Housing Element on February 8, 2022. This Ordinance implements the programs
set forth in the certified Housing Element which the City Council committed to when it adopted
the Housing Element. As such, this is an implementing action of an already approved project
(adoption of the Housing Element),and no further environmental review is required.
To the extent that any further environmental review is required, the City Council finds that none
of the conditions in CEQA Guidelines Section 15162 are present to require the preparation of a
subsequent EIR or an additional Addendum, and no additional environmental review is required.
The adoption of this Ordinance does not result in any new or greater environmental impacts than
were previously analyzed, disclosed, and mitigated since the adoption of this Ordinance was
contemplated in the programs of the Housing Element. In addition, no new information of
substantial importance has surfaced since the certification of the General Plan EIR or the
adoption of Addendum 2021-01.
Section 4. Recommendation. The City of Temecula Planning Commission hereby
recommends the City Council approve Planning Application No. LR22-0664, a proposed
Citywide Ordinance as set forth on Exhibit"A", attached hereto, and incorporated herein by this
reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 18t day of October 2023.
_ r
Lance Turley ejo, Chair
ATTEST:
Lu e atson
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. 2023-18 was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 18th day of
October, 2023, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Ruiz, Solis, Turley-Trejo, Watts
NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Hagel
Luke Watson
Secretary
EXHIBIT A
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO IMPLEMENT THE
PROGRAMS IN THE CITY'S HOUSING ELEMENT BY (1)
ADDING DEFINITIONS FOR AGRICULTURAL
EMPLOYEE HOUSING, EMPLOYEE HOUSING, FAMILY
DAY CARE HOME, LARGE FAMILY DAY CARE HOME,
LOW BARRIER NAVIGATION CENTER AND SMALL
FAMILY DAY CARE HOME, (2) PROVIDING THAT
EMPLOYEE HOUSING AND AGRICULTURAL
EMPLOYEE HOUSING ARE PERMITTED USES IN THE
HR, RR, VL, L-1, L-2, LM, M, AND H ZONES, (3)
PROVIDING THAT RESIDENTIAL CARE FACILITIES
FOR THE ELDERLY (SEVEN OR MORE) ARE
PERMITTED USES IN THE HR, RR, VL, L-1, L-2, LM, HR-
SM ZONES, (4) PROVIDING THAT RESIDENTIAL CARE
FACILITIES (SEVEN OR MORE) ARE PERMITTED USES
IN THE HR, RR, VL, L-1, L-2, LM, M, AND HR-SM ZONES,
(5) PROVIDING THAT COMMUNITY CARE FACILITIES
ARE PERMITTED IN ALL RESIDENTIAL ZONES, (6)
ADDING SUPPORTIVE HOUSING STANDARDS, (7)
PROVIDING THAT SUPPORTIVE HOUSING,
TRANSITIONAL HOUSING AND LOW BARRIER
NAVIGATION CENTERS ARE PERMITTED USES IN THE
NC, CC, HT, SC, PO, PI, PDO-2, PDO-4R, PDO-5, PDO-6,
PD0-7, PDO-10, AND PD0-14 ZONES, (8) PROVIDING
THAT TRANSITIONAL HOUSING AND SUPPORTIVE
HOUSING ARE A PERMITTED USE IN THE PDO-11, PDO-
12 AND PDO-15 ZONES, (9) UPDATING EMERGENCY
SHELTER PARKING STANDARDS, (10) PROVIDING
THAT ACCESSORY DWELLING UNITS (ADUS) ARE
PERMITTED IN THE PDO-5, PDO-7, PDO-9, PDO-10, PDO-
11, PDO-12, AND PDO-15 ZONES, (11) REVISING ADU
REGULATIONS, (12) REVISING REASONABLE
ACCOMMODATION REGULATIONS, (13) REVISING
PARKING STANDARDS FOR MULTI-FAMILY
RESIDENTIAL USES WITH 12 UNITS OR LESS, (14)
MAKING OTHER REVISIONS TO CONFORM WITH
CHANGES IN STATE LAW,AND (15) MAKING A FINDING
THAT NO FURTHER ENVIRONMENTAL REVIEW IS
REQUIRED UNDER CEQA GUIDELINES SECTION 15162
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
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Section 1. Findings. The City Council of the City of Temecula does hereby
find, determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of
Title 17 (Zoning) of the Temecula Municipal Code.
B. The code amendments are being made to ensure the Temecula Municipal Code is
amended in conformity with the housing programs that the City committed to when it adopted the
2021-2028 Housing Element and amendments needed to conform to changes in State law.
Section 2. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine, and declare that:
A. On November 6, 2023, the Temecula Planning Commission considered this
Ordinance 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.
B. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2023-XX recommending
approval of the Ordinance by the City Council.
C. On November 14, 2023, the City Council, at a regular meeting, considered the
Ordinance 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 3. Further Findings. The City Council of the City of Temecula in
approving the proposed Municipal Code amendments hereby makes the following additional
findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula
Municipal Code:
A. The use is allowed in the land use designation in which the use is located, as shown
on the land use map, or is described in the text of the General Plan;[MEM1I
The proposed Ordinance amends existing land use and zoning procedures consistent with
the City Housing Element and State law to provide that employee housing and agricultural
housing are permitted in all residential zones except HR-SM, that low barrier navigation
centers are a use by right in areas zoned for mixed uses and nonresidential zones permitting
multifamily uses,that supportive housing is a use by right in zones where multifamily and
mixed uses are permitted, including nonresidential zones permitting multifamily uses, and
that transitional housing and supportive housing shall be considered a residential use of
property and shall be subject only to those restrictions that apply to other residential
dwellings of the same type in the same zone, that residential care facilities serving seven
or more will be a permitted use in all residential zones, and that accessory dwelling units
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are permitted in all residential zones. Other amendments to Title 17 of the Temecula
Municipal Code do not concern a particular land use designation, but are designed to be
consistent with State Housing Law, the Temecula Housing Element Update, the federal
Fair Housing Act, and the California Fair Employment and Housing Act, and to be
internally consistent with the other elements of the Temecula General Plan and the
Temecula Municipal Code.
B. The proposed use is in conformance with the goals, policies, programs and
guidelines of elements of the General Plan;
The Ordinance implements the goals and policies contained in the City's 2021-2029
Housing Element. The Ordinance amends the Municipal Code to implement the programs of the
Housing Element to remove constraints on the development of housing.
C. The proposed use is to be established and maintained in a manner which is
consistent with the General Plan and all applicable provisions contained therein;
The Ordinance has been designed to be consistent with State Housing Law,the federal Fair
Housing Act, the California Fair Employment and Housing Act, and to be internally consistent
with the other elements of the Temecula General Plan and all applicable provisions contained
therein.
Section 4. Subsection A ("A" Definitions and Illustrations) of Section
17.34.010 (Definitions and illustrations of terms)of Chapter 17.34 (Definitions of Terms) of Title
17 of the Temecula Municipal Code is hereby amended to add new definitions to read as follows,
with all other provisions of Section 17.03.010 remaining unchanged:
"Agricultural employee housing" means housing for agricultural workers that may include, but is
not limited to, conventionally constructed units and manufactured housing consisting of no more
than 36 beds in group quarters(or 12 units or less)designed for use by a single family or household.
"Agricultural use"means land with a minimum lot size of five(5)acres that is used for the purpose
of producing an agricultural commodity for commercial purposes. Agricultural commodity means
any and all plant and animal products produced in this state for commercial purposes. An
agricultural use can occur wholly, or in part, in a greenhouse.
Section 5. Subsection E ("E" Definitions and Illustrations) of Section
17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title
17 of the Temecula Municipal Code is hereby amended to add a new definition to read as follows:
"Employee housing"has the same meaning as set forth in Health and Safety Code section 17008.
Section 6. Subsection F ("F" Definitions and Illustrations) of Section
17.34.010 (Definitions and illustrations of terms)of Chapter 17.34 (Definitions of Terms) of Title
17 of the Temecula Municipal Code is hereby amended to amend the definition of"Family day
care home"as follows:
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"Family day care home" means a home (a detached single-family dwelling, a townhouse, a
dwelling unit within a dwelling, or a dwelling unit within a multifamily dwelling in which the
underlying zoning allows residential uses) which that regularly provides care, protection, and
supervision of fourteen or fewer children, in the provider's own home,whether the home is rented,
leased or owned, for periods of less than twenty-four hours per day,while the parents or guardians
are away. This includes large family day care homes and small family day care homes."
Section 7. Subsection L ("L" Definitions and Illustrations) of Section
17.34.010 (Definitions and illustrations of terms)of Chapter 17.34 (Definitions of Terms) of Title
17 of the Temecula Municipal Code is hereby amended to add new definitions as follows:
"Large family day care home" means a facility that provides care, protection, and supervision for
7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set
forth in Health and Safety Code Section 1597.465.
"Low barrier navigation center" means a Housing First, low-barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary living facilities while
case managers connect individuals experiencing homelessness to income, public benefits, health
services, shelter, and housing. "Low Barrier"means best practices to reduce barriers to entry, and
may include,but is not limited to,the following: 1)the presence of partners if it is not a population-
specific site, such as for survivors of domestic violence or sexual violence, women, or youth; 2)
pets; 3)the storage of possessions;4)privacy, such as partitions around beds in a dormitory setting
or in larger rooms containing more than two beds, or private rooms."
Section 8. Subsection S ("S" Definitions and Illustrations) of Section
17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definitions of Terms) of Title
17 of the Temecula Municipal Code is hereby amended to add a new definition as follows:
"Small family daycare home" means a facility that provides care, protection, and supervision for
eight or fewer children, including children under 10 years of age who reside at the home, as set
forth in Health and Safety Code Section 1597.44."
Section 9. A new paragraph "G" entitled "Public Hearings for Housing
Development Projects" is hereby added to Section 17.03.040 (Public hearing and notification) of
Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code
to read as follows, with all other provisions of Section 17.03.040 remaining unchanged:
"G. Public Hearings for Housing Development Projects. In accordance with California
Government Code Section 65905.5 the City may not conduct more than five (5) public hearings
on a housing development project if the project complies with the objective general plan and
zoning standards in effect at the time an application is deemed complete. For purposes of this
paragraph G, a "public hearing" shall have the same meaning as set forth in Government Code
Section 65905.5(b)(2); and a "housing development project" shall have the same meaning as set
forth in Government Code Section 65905.5(b)(3). This paragraph (G) shall remain in effect only
until January 1, 2034, and as of that date is repealed."
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Section 10. 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 to add a line under "Residential" to read as follows (with
additions shown in underlined text and deletions shown in underlined text), with all other
provisions of Table 17.06.030 remaining unchanged:
Description of Use HR RR VL L-1 L-2 LM M H HR-
SM9
Residential
Employee housingla P P P P P P P P =
Agricultural employee P P P P P P P P =
housing
Community care facility P P P P P P P P P
Residential care facilities GP GP GP GP CP GP GP P GP
(seven or more)
Residential care facilities GP GP GP GP GP GP P P GP
for the elderly (seven or
more
Footnote 14: Employee housing providing accommodations for six or fewer employees shall be
deemed a single-family structure with a residential land use designation. Employee housing
providing accommodations for seven or more employees shall be considered a multifamily use
and shall only be permitted in the medium density and high density zones.
Footnote 15. Agricultural employee housing is a residential land use for land designated for
agricultural use. An agricultural use is defined in Section 17.34.010.
Section 11. A new Footnote 6 is added to 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 to read as follows
(with additions shown in underlined text), with all other provisions of Table 17.06.040 remaining
unchanged:
HR RR VL L-1 L-2 LM M 5 H6 HR-SM
Other requirements
Maximum percent of 10% 15% 20% 25% 25% 35% 35% 30% Subject
lot coverage to
Section
17.06.080
Footnote 6: The lot coverage requirement may be reduced to the extent it would physically
preclude a housing development project (as defined in Government Code Section 65589.5(h)(2))
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consisting of three to 10 units from achieving the floor area ratios allowed pursuant to Government
Code Section 65913.11.
Section 12. Paragraph (F)(15) of Section 17.06.080 (Hillside 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 additions shown in underlined text),with all other
provisions of Section 17.06.080 remaining unchanged:
"15. A fuel modification plan consistent with the General Guidelines for Creating Defensible
Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006 ("General
Guidelines"), or the most current edition of the General Guidelines."
Section 13. Section 17.06.090 (Objective design standards -Multifamily and
mixed-use development.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with additions shown in
underlined text):
"Any housing development project that, pursuant to state law requires ministerial approval or
streamlined review, 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 Multifamily and Mixed-Use Developments."
Section 14. A new Section 17.06.100 (Streamlined review) is hereby added to
Chapter 17.06(Residential Districts)of Title 17(Zoning)of the Temecula Municipal Code to read
as follows:
"17.06.100 Streamlined review
The City shall conduct a streamlined review of projects that are eligible under Government Code
section 65913.41 and 65912.100 et seq., or any other State mandated streamlined review."
Section 15. A new Section 17.06.110 (Supportive housing) is hereby added to
Chapter 17.06(Residential Districts)of Title 17(Zoning)of the Temecula Municipal Code to read
as follows:
"Section 17.06.110 Supportive housing
A. Purpose. The purpose of this section is to allow supportive housing, as defined in
Government Code Section 65582, consistent with State law to ensure equality of treatment
for all residential uses regardless of the occupant. Supportive housing is generally described
as permanent housing linked to a range of support services designed to enable residents to
maintain stable housing.
B. Applicability and Standards.
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(1) Supportive housing shall be permitted by right in any zone where multifamily and mixed
uses are permitted if the proposed housing development satisfies all requirements of
Government Code Section 65651(a).
(2) If the supportive housing development is located within one-half mile of a public transit
stop, no parking spaces are required for the units occupied by supportive housing
residents per Government Code Section 65654.
(3) Supportive housing shall comply with objective development standards and policies that
apply to other multifamily development within the same zone. In the event of a conflict
between the standards of this section and the standards of the underlying zone, the
standards in this section shall apply.
C. Processing of Application.
(1) The following time frames apply to the processing of a supportive housing application, unless
different time frames are set forth in Government Code section 65653. The City shall notify the
applicant whether the application is complete within 30 days of receipt of an application to develop
supportive housing. The City shall complete its review of the application within 60 days after the
application is complete for a project with 50 or fewer units,or within 120 days after the application
is complete for a project with more than 50 units. If any of these timeframes are modified by State
law, then State law shall govern."
Section 16. 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 read as follows (with additions shown in underlined text and deletion shown
in strikethrough text) with all other provisions of Table 17.08.030 remaining unchanged:
Description of Use NC CC HT SC PO BP LI
L
Low Barrier Navigation Centeri3 P P P P P = _
S
Supportive housing _P GP -P -P GP - -
T
Transitional housing15 -P CP -P -P CP - -
Footnote 13. A low barrier navigation center is permitted by right if the project meets the criteria
set forth in Government Code section 65662.
Footnote 14. Supportive housing shall comply with Section 17.06.110.
Footnote 15. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type. To determine whether the type of transitional housing
proposed is a permitted or conditionally permitted use, see the different residential types in the
chart above."
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Section 17. Subsection R(7) of Section 17.10.020 (Supplemental development
standards) of Chapter 17.10 (Supplemental development standards) of Title 17 (Zoning) is hereby
amended to read as follows (with additions shown in underlined text), with all other provisions of
Section 17.10.020 remaining unchanged:
"7. A minimum of one parking space for every ten beds, plus one-half 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 if the shelter is located within one thousand feet of a public transit stop.
Bicycle rack parking shall also be provided at the facility. Notwithstanding the foregoing, these
standards shall not apply if they require more parking for emergency shelters than other residential
or commercial uses in the same zone."
Section 18. Table 17.12.030 (Schedule of Permitted Uses—Public/Institutional
Districts) of Section 17.12.030 (Use regulations) of Chapter 17.12 (Public/Institutional Districts)
of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add the following
rows to read as follows, with all other provisions of Table 17.12.030 remaining unchanged:
Description of Use Public/Institutional District(PI)
L
Low Barrier Navigation Centers P
S
Supportive housing6 P
T
Transitional housing P
Footnote 5. A low barrier navigation center shall be permitted by right in the PI zone only if the
project meets the criteria set forth in Government Code section 65662.
Footnote 6. Supportive housing shall comply with Section 17.06.110.
Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type.
Section 19. Table 17.22.116 (Schedule of Permitted Uses Margarita Road
Planned Development Overlay District - 2) of Article III (Margarita Road Planned Development
Overlay District—2) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add new rows under
"Residential" to read as follows, with all other provisions of Table 17.22.116 remaining
unchanged:
Description of Use PDO-2
Residential
Low Barrier Navigation Center P5
Supportive housing P6
Transitional housing P7
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Footnote 5. A low barrier navigation center is permitted by right if the project meets the criteria
set forth in Government Code section 65662.
Footnote 6. Supportive housing shall comply with Section 17.06.110. Supportive housing in
single-family detached and duplex(two-family dwellings)are permitted only with the approval of
the planning commission to ensure compliance with objective design standards.
Footnote 7. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type.
Section 20. Table 17.22.136B (Schedule of Permitted Uses Temecula Creek
Village Planned Development Overlay District — 4) of Section 17.22.136 (Use Regulations) of
Article V (Temecula Creek Village Planned Development Overlay District—4) of Chapter 17.22
(Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to add the following rows to read as follows, with all other
provisions of Table 17.22.136 remaining unchanged:
Description of Use PDO-4R PDO-4V
L
Low barrier navigation center9 P -
S
Supportive HousingI° P -
T
Transitional housing" C -
Footnote 9. A low barrier navigation center is permitted by right if the project meets the criteria
set forth in Government Code section 65662.
Footnote 10. Supportive housing shall comply with Section 17.06.110.
Footnote 11. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type.
Section 21. Section 17.22.146 (Use Regulations) of Article VI (Rendezvous
Planned Development Overlay District(PDO-5))of Chapter 17.22(Planned Development Overlay
Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended
to read as follows (with additions shown in underlined text):
"A. Only multifamily residential land uses shall be allowed in the PDO.
B. Accessory dwelling units shall be permitted and shall meet the requirements set forth in Chapter
17.23.
C. Low barrier navigation centers shall be permitted by right if the project meets the criteria set
forth in Government Code section 65662.
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D. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right in a
multifamily residential use.
E. Transitional housing shall be permitted by right in a multifamily residential use."
Section 22. Planning Area B - Rancho Pueblo Professional Center of Section
17.22.164 (Planning areas) of Article VII (Rancho Pueblo Planned Development Overlay District
(PDO-6)) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions
shown in underlined text), with all other provisions of Section 17.22.164 remaining unchanged:
"PLANNING AREA B - RANCHO PUEBLO PROFESSIONAL CENTER
The site may contain a well-coordinated mix of professional office and other use types, including:
1. Medical and professional office;
2. Self-storage facilities;
3. Assisted living facilities;
4. Senior living facilities.
5. Supportive housing shall comply with Section 17.06.110 and shall be permitted by right
in a multifamily residential use.
6. Transitional housing shall be permitted by right in a multifamily residential use.
7. Low barrier navigation centers shall be permitted by right in a multifamily residential
use.
The site is organized around the central main street, Rancho Pueblo Road, which traverses the
middle of the site, from its western terminus at Highway 79, shared with the Rancho Community
Church and Schools site to the west, to its interim eastern terminus at the PDO eastern boundary;
secondary access is also provided via the right-in right-out road connecting to Highway 79 at the
eastern boundary of the site. - In addition, a connection for Rancho Pueblo Road to the east is
provided in planning area B.
Development parcels are located along and accessed from Rancho Pueblo Road,which bisects the
site in an east-west direction. Some access may also be provided, at a suitable distance from
Highway 79, from the right-in, right-out access road connecting to Highway 79, at the eastern end
of the site. Parcels along Highway 79 have their front yards,with appropriate setbacks, designated
along Highway 79, while the parcels to the rear of the site front onto Rancho Pueblo Road.
Main entries of buildings,especially those along the Highway 79 frontage,will be oriented towards
the interior of the site to keep the amount of parking on the exterior boundaries of the site to a
minimum.Buildings fronting onto Highway 79 will be variably setback and spaced along the right-
of-way line to provide a combination of visually interesting relationships with respect to access
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and movement of vehicles and pedestrians within the site. Whenever possible, cluster groups or
pairs of buildings around shared, central courtyards to promote a more village-like atmosphere.
Figure 5A illustrates a representative development pattern, while Figure 11 (see Section
17.22.172(A)(3)), illustrates how the shared landscaped areas can as pedestrian gathering places,
serving adjacent buildings.
l
Mr7IPM.
L8 •
166 wow
4ip\ Ad&
I
N
MOW
Fig. 5A Planned Development Overlay PA01-0522
Conceptual Illustrative Land Use Plan—Rancho Pueblo Professional Center"
Section 23. Table 17.22.186B (Schedule of Permitted Uses Linfield Christian
School Planned Development Overlay District- 7 Description of Use Area)of Section 17.22.186
(Use Regulations) of Article VIII (Linfield Christian School Planned Development Overlay
District -7) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to add the following rows, with all
other provisions of Table 17.22.186B remaining unchanged:
Description of Use Area 1A, 1133 Area 2 (ER) Area 3A &
1C & 1D 3B (PI)
(EI)kMEM2]
A
Accessory dwelling unit? P P P
L
Low Barrier Navigation Cent&
S
Supportive housing4
T
Transitional housing C C C
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Footnote 2. Accessory dwelling units shall be permitted and shall meet the requirements set forth
in Chapter 17.23.
Footnote 3. Low barrier navigation center is permitted by right if the project meets the criteria set
forth in Government Code section 65562.
Footnote 4. Supportive housing shall comply with Section 17.06.110.
Footnote 5. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type. To determine whether the type of transitional housing
proposed is a prohibited, permitted or conditionally permitted use, see the different residential
types in the chart above."
Section 24. Table 17.22.196 (Schedule of Permitted Uses De Portola Road
Planned Development Overlay District - 8) of Section 17.22.196 (Use Regulations) of Article IX
(De Portola Road Planned Development Overlay District -8) of Chapter 17.22 (Planned
Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to add the following rows to read as follows, with the remainder of Table
17.22.196 remaining unchanged:
Description of Use PDO-8
L
Low Barrier Navigation Center P
S
Supportive housings P
T
Transitional housing9 P
Footnote 7. Low barrier navigation center is permitted by right if the project meets the criteria set
forth in Government Code section 65562.
Footnote 8. Supportive housing shall comply with Section 17.06.110.
Footnote 9. Transitional housing shall be subject only to those restrictions that apply to other
residential dwellings of the same type.
Section 25. Table 17.22.216(B) Schedule of Permitted Uses Temecula
Education Center Planned Development Overlay District-10 of Section 17.22.216 (Use
Regulations) of Article XI (Temecula Education Center Planned Development Overlay District -
10) of Chapter 17.22 (Planned Development Overlay Zoning District(PDO))of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to add the following rows to read as follows,
with all other provisions of Table 17.22.216(B) remaining unchanged:
Description of Use PDO-10
A
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Accessory dwelling units P
L
Low Barrier Navigation Center6 P
S
Supportive housing P
T
Transitional housings P
Footnote 5. Accessory dwelling units shall comply with the requirements set forth in Chapter
17.23.
Footnote 6. Low barrier navigation center is permitted by right if the project meets the criteria set
forth in Government Code section 65662.
Footnote 7. Supportive housing shall comply with Section 17.06.110.
Footnote 8. Transitional housing_shall be subject only to those restrictions that apply to other
residential dwellings of the same type.
Section 26. Section 17.22.226 (Use Regulations) of Article XII (Mira Loma
Planned Development Overlay District -11) of Chapter 17.22 (Planned Development Overlay
Zoning District(PDO))of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended
to read as follows(with additions shown in underlined text):
"The Mira Loma planned development overlay district(PDO-11), located along Mira Loma Drive
and Rancho Vista Road, is intended to provide for the development of sixty-two single-family
detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 du/ac and a
maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private
residential land uses designed to enhance housing opportunities, consider natural features,
incorporate private and common open space, private recreation, and develop a common
community theme. The project will provide housing opportunities consistent with the city's
general plan policies in response to local market demands and will provide for a visually pleasing
environment through adoption of supplemental performance standards that have been provided to
ensure compatibility with the adjacent neighborhoods. Accessory dwelling units shall be permitted
and shall comply with Chapter 17.23. Supportive housing that complies with Section 17.06.110
shall be a permitted use. Transitional housing shall be permitted by right in single family homes."
Section 27. Section 17.22.246 (Use Regulations) of Article XIII (Walcott
Estates Planned Development Overlay District -12) of Chapter 17.22 (Planned Development
Overlay Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows:
"The Walcott Estates planned development overlay district (PDO-12), located between Walcott
Lane and Butterfield Stage Road, is intended to provide for the development of forty-five single-
family detached homes on fee owned lots, on 25.13 gross acres, with a proposed density of 1.8
dwelling units per gross acre.The proposed project is comprised entirely of private residential land
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uses designed to enhance housing opportunities, consider natural features, incorporate private and
common open space, private recreation, and develop a common community theme. The project
will provide housing opportunities consistent with the city's general plan policies in response to
local market demands and will provide for a visually pleasing environment through adaptation of
supplemental performance standards that have been provided to ensure transitional compatibility
with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with
Chapter 17.23. Supportive housing that complies with Section 17.06.110 shall be a permitted use.
Transitional housing shall be permitted by right in single family homes."
Section 28. Table 1 Schedule of Permitted Uses of Section 17.22.276 (Use
Regulations) of Article XV (Gateway Planned Development Overlay District -14) of Chapter
17.22 (Planned Development Overlay Zoning District (PDO)) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add the following rows to read as follows, with
all other provisions of Section 17.22.276 remaining unchanged:
Description of Use PA1 and PA2
L
Low barrier navigation center3 P
S
Supportive housing4 P
T
Transitional housings P
Footnote 3. Permitted by right if the project meets the criteria set forth in Government Code section
65662.
Footnote 4. Supportive housing shall comply with Section 17.06.110.
Footnote 5. Multi-family transitional housing is permitted by right.
Section 29. Section 17.22.294(Use Regulations)of Article XVI (Cypress Ridge
Planned Development Overlay District -15) of Chapter 17.22 (Planned Development Overlay
Zoning District (PDO)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended
to read as follows:
"The Cypress Ridge planned development overlay district (PDO-15), located within Pechanga
Parkway, Loma Linda Avenue and Temecula Lane, is intended to provide for the development of
two hundred forty-five single-family detached and attached homes within fee simple condominium
unit boundaries, on 22.7 gross acres/20.18 net acres, with a proposed average density of 12.14
dwelling units per net acre. The proposed project is comprised entirely of private residential land
uses designed to enhance housing opportunities, consider natural features, incorporate private and
common open space, private recreation, and develop a common community theme. The project
will provide housing opportunities consistent with the city's general plan policies in response to
local market demands and will provide for a visually pleasing environment through adaptation of
supplemental performance standards that have been provided to ensure transitional compatibility
with adjacent neighborhoods. Accessory dwelling units shall be permitted and shall comply with
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Chapter 17.23. Supportive housing that complies with Section 17.06.110 shall be a permitted use.
Transitional housing shall be permitted by right in single family homes."
Section 30. Chapter 17.23 (Accessory Dwelling Units) of Title 17 (Zoning of
the Temecula Municipal Code is hereby amended in its entirety to read as follows (with additions
shown in underlined text and deletions shown in strikethrough text):
"17.23.010 Purpose and applicability.
The purpose of this chapter is to implement the requirements of Government Code Sections
65852.2 and 65852.22 to allow accessory dwelling units and junior accessory dwelling units in a
manner that encourages their development but simultaneously minimizes impacts on traffic,
parking, density, and other areas where the city is still permitted to exercise local control.
17.23.020 Definitions.
"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 plumbing, electrical, mechanical, and/or physical space set aside for
cooking or meal preparation 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 or existing structure and shares a common wall with the primary dwelling or
existing structure.
"Detached ADU" means an ADU that is constructed as a separate structure from the primary
dwelling or existing structure,which does not share any walls with the primary dwelling or existing
structure.
"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 physical space 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 65852.2(j), as the same may be amended from time to time.
17.23.030 Projects exempt—Building permit approval only
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A. An applicant shall not be required to submit an application for an ADU or JADU permit
under this chapter, and may instead seek building permit approval for an ADU or JADU that
satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be
amended from time to time, and the California Building Standards Code,as amended by the city.
B. An ADU or JADU approved by a building permit only process shall be rented only for
terms of thirty-one days or longer.
C. The property owner shall record a declaration of restrictions, in a form approved by the
city attorney, placing the following restrictions on the property, the property owner, and all
successors in interest: (i) the ADU or JADU is to be rented only for terms of thirty-one days or
longer, unless State law and the city's municipal code are both amended to allow short-term
rentals;(ii)the ADU or JADU is not to be sold or conveyed separately from the primary dwelling,
and(iii)if there is a JADU on the property,either the JADU or primary dwelling shall be occupied
by the owner of record. Proof of recordation of the covenant shall be provided to the city before
the city finals the building permit.
D. Pursuant to Government Code Section 65852.2(e), the city shall ministerially approve an
application for a building permit within a residential or mixed-use zone to create any of the
following:
1. One ADU or JADU per lot with a proposed or existing single-family dwelling if all
of the following apply:
a. The ADU or JADU is within the proposed space of a single-family dwelling or
existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than one hundred fifty square feet beyond the same physical
dimensions as the existing accessory structure. An expansion beyond the physical
dimensions of the existing accessory structure shall be limited to accommodating
ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The JADU complies with the requirements of Section 65852.22 and with the
requirements set forth in subsection E below.
2. One detached, new construction ADU that does not exceed four-foot side and rear
yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may be
combined with a JADU described in subsection (D)(1) above. The ADU shall be no more than
eight hundred square feet in size,with a height limit of sixteen feet.
3. One ADU within the portions of existing multifamily dwelling structures that are
not used as livable space, including,but not limited to, storage rooms,boiler rooms,passageways,
attics, basements, or garages, if each unit complies with state building standards for dwellings. If
requested, multiple ADUs shall be allowed, up to the number of ADUs that equals twenty-five
percent of the existing multifamily dwelling units in the structure.
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4. Not more than two detached ADUs located on a lot that has an existing multifamily
dwelling, subject to a height limit of sixteen feet and four-foot rear yard and side setbacks.
E. In accordance with the standards set forth in Government Code Section 65852.22, JADUs
shall comply with the following requirements, unless state law is amended to set forth different
standards in which case state law standards will govern:
1. A JADU shall be a minimum of two hundred twenty square feet and a maximum
of five hundred square feet of gross floor area. The gross floor area of a shared sanitation facility
shall not be included in the maximum gross floor area of a JADU.
2. A JADU must be contained entirely within the walls of the existing or proposed
single-family dwelling.
3. A separate exterior entry from the main entrance to the single-family dwelling shall
be provided to serve a JADU.
4. A JADU may include separate sanitation facilities,or may share sanitation facilities
with the existing single-family dwelling.
5. A JADU shall include an efficiency kitchen which shall include all of the following:
a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of reasonable size in
relation to the size of the JADU.
6. No additional parking is required for a JADU.
7. The JADU or primary residence shall be occupied by the owner of record.
8. The city shall not issue a building permit until the applicant provides a will serve
letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage
disposal system is being used,the applicant must provide documentation showing approval by the
local health officer in lieu of the will serve letter by the local sewer provider.
17.23.040 General requirements and application procedure.
A. Before constructing an ADU or converting an existing structure to an ADU that does not
fall under the "building permit approval only" requirements in Section 17.23.030, the applicant
shall obtain permits in accordance with the requirements of this section.
B. All ADUs shall satisfy the requirements of the California Building Standards Code, as
amended by the city.
C. In accordance with state law, ADUs are an accessory use or an accessory structure to the
primary dwelling on the lot. ADUs shall not be considered to exceed the allowable density for the
lot.
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D. Applications for ADUs shall be completed in accordance with Section 17.03.030 of this
Development Code. The application for the ADU must be signed by the owner(s) of the parcel of
land.
E. The director of community development or designee shall ministerially review and approve
an ADU permit application and shall not require a public hearing, provided that the submitted
application is complete and demonstrates that the ADU complies with the requirements contained
in this chapter and any other applicable law.
F. ADU permit applications subject to ministerial approval shall be processed within the
timelines established by California Government Code Section 65852.2. The city shall approve the
ADU permit within sixty days of receiving the application, or as the deadline required by
Government Code Section 65852.2 may be amended from time to time.
G. Where an ADU permit application is submitted with an application for a primary dwelling
that is subject to discretionary review under this code, the ADU permit application will be
considered separately without discretionary review or a public hearing, following action on the
portion of the project subject to discretionary review.
H. In addition to obtaining an ADU permit,the applicant shall be required to obtain a building
permit and any other applicable construction permits prior to the construction of the ADU.
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the
following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing
primary dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall
not exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU that is
proposed with a new primary dwelling shall not exceed one thousand two hundred square feet in
floor area. A detached ADU shall not exceed one thousand two hundred square feet in floor area.
In no case shall an ADU be less than an"efficiency unit" as defined in Section 17958.1 of Health
and Safety Code with respect to square footage.
2. Height Restrictions.An ADU shall not exceed sixteen feet in height.The maximum
height of any new ADU shall not exceed the following:
a. Sixteen(16) feet for a detached ADU, except as provided in subparagraphs b and c
below.
b. Eighteen(18) feet for a detached ADU on a lot that is within one-half mile walking
distance of a major transit stop or a high-quality transit corridor, as those terms are
defined in Public Resources Code Section 21155; or twenty (20) feet if necessary to
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accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary
dwelling unit.
c. Eighteen (18) feet for a detached ADU on a lot with an existing or proposed
multistory multifamily dwelling.
d. Twenty-five (25) feet or the height limit applicable to the primary dwelling,
whichever is less, for an attached ADU.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the
primary dwelling unless the ADU was built by a qualified nonprofit corporation and meets the
additional requirements of Government Code Section 65852.26(a). ADUs-bet may be rented but
The ADU shall not be used for short-term rentals for less than thirty-one days.
4. Setbacks. No setback shall be required for an ADU that is within an existing
structure or new ADU that is constructed in the same location and with the same dimensions as an
existing structure. For all other ADUs, the required setback from side and rear lot lines shall be
four feet. An ADU shall comply with all required front yard setbacks otherwise required by the
municipal code except where the application of the front yard setback requirement would not
permit construction of an eight hundred (800) square foot ADU that is sixteen (16) feet in height
with four-foot side and rear yard setbacks. An ADU in the front yard setback area is only
permissible if construction of the same ADU in the rear or side yard is entirely infeasible.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable
to the zoning district in which the property is located, except where the application of the lot
coverage regulations would not permit construction of an eight hundred square foot ADU that is
sixteen feet in height with four-foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any
historical resource listed on the California Register of Historic Resources, shall be designed and
constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also
comply with all local historic register requirements, as well as all objective local requirements,
ordinances, or specific plans that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design,architecture,colors and materials of
the primary dwelling, and shall comply with any objective design standards adopted by the city
that are applicable to the zoning district or specific plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required
for the primary dwelling.
3. An ADU shall have a separate exterior access.
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D. Covenant Required.The property owner shall record a declaration of restrictions, in a form
approved by the city attorney, placing the following restrictions on the property, the property
owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days or
longer;and(2)the ADU is not to be sold or conveyed separately from the primary dwelling except
as described above in Section 17.23.050(B)(3). Proof of recordation of the covenant shall be
provided to the city before the city finals the building permit.
E. Parking Requirements.
1. In addition to the off-street parking space(s) required for the primary dwelling, one
off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit;
b. The ADU is located within an architecturally and historically significant historic
district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure;
d. The ADU is located in an area where on-street parking permits are required but not
offered to an ADU occupant; or
e. The ADU is located within one block of a city-approved and dedicated parking
space for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or
covered parking structure, replacement of parking space(s) eliminated by the construction of the
ADU shall not be required as long as the ADU remains in use as a legal ADU.
17.23.060 Fees and utility connections.
A. ADUs and JADUs shall have adequate water and sewer services. These services may be
provided from the water and sewer points of connection for the primary dwelling and not be a
separate set of services.
B. The owner of an ADU or JADU shall be subject to the payment of all sewer, water and
other applicable fees, including impact fees set forth in Government Code Section 66000 et seq.,
except as follows:
1. ADUs that are less than seven hundred fifty square feet shall not be subject to
impact fees.
2. ADUs that are seven hundred fifty square feet or more shall be charged impact fees
that are proportional in relation to the square footage of the primary dwelling unit.
C. Prior to receiving a building permit,the owner of an ADU or JADU must submit letters of
service availability for water and sewer disposal to the building official."
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Section 31. Section 17.03.065 (Reasonable Accommodations) of Chapter 17.03
(Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended in its entirety to read as follows (with additions shown in underlined text and deletions
shown in underlined text):
"17.03.065 Reasonable accommodations.
A. Purpose and Intent. It is the purpose and intent of this section to provide flexibility in the
application of the city of Temecula Municipal Code for individuals with a disability, when
flexibility is necessary to eliminate barriers to housing opportunities. This section will facilitate
compliance with federal and state housing laws through procedures for considering requests for
reasonable accommodations in the application of the city's zoning and land use regulations,
policies, and practices pursuant to the federal Fair Housing Act (codified in Section 3604(f)(3) of
Title 42 of the United States Code),and the California Fair Employment and Housing Act(codified
in Section 12955 et seq. of the California Government Code), which prohibit local governments
from refusing to make accommodations in policies and practices when needed to provide an
individual with a disability an equal opportunity to use and enjoy a dwelling in the city.
B. Applicability. A request for reasonable accommodation may include a modification or
exception to the rules, standards, and practices for the siting, development and use of housing or
housing-related facilities that would eliminate regulatory barriers and provide an individual with
a disability equal opportunity for housing of their choice.
BC. Definitions. The following terms as used in this section shall, unless the context clearly
indicates otherwise, have the following meanings:
"Applicant" means a-persenan individual, business, or organization making a written request to
the city for reasonable accommodation in the strict application of the city's zoning and land use
laws, rules, policies, practices and/or procedures.
"Development code"means the city of Temecula development code as set forth in this title.
"Director" or"planning director"means the director of planning.
"Disabled person" or"persenPerson with a disability" means an individual who has a physical or
mental impairment that limits one or more of that person's major life activities; anyone who is
regarded as having such impairment; or anyone who has a record of having such an impairment.
Such an impairment shall not include an individual's current, illegal use of a controlled substance
unless that individual has a separate disability.
"Fair Housing Laws"means the"Federal Fair Housing Act"(42 U.S.C. Section 3601, et seq.), the
Americans with Disabilities Act (ADA), and the "California Fair Employment and Housing Act"
(California Government Code Section 12900, et seq.), as these statutes now exist or may be
amended from time to time, and each Act's implementing regulations.
"Fundamental alteration" in the land use and zoning context has the same meaning as defined in
the Fair Housing Laws and interpretive case law.
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"Reasonable accommodation" in the land use and zoning context means any deviation, waiver or
other modification requested and/or granted from the strict application of the city's zoning and
land use ordinances, laws, rules, regulations, policies, practices and/or procedures for the siting,
development and/or use of housing or housing related facilities, when the deviation, waiver or
other modification is necessary to eliminate barriers to housing opportunities for the use and
enjoyment of an individual resident's housing of their choice.
"Undue financial or administrative burden" in the land use and zoning context has the same
meaning as defined in the Fair Housing Laws and interpretive case law.
GD. Authority of the Planning Director. The planning director is hereby designated to approve,
eenditionally-appfeveapprove with modifications,or deny,without public hearing,all applications
for a reasonable accommodation with respect to land use and zoning ordinances, laws, rules,
regulations, policies,practices and/or procedures.
DE. Notice to the Public of Availability of Accommodation Process. Notice of the availability
of reasonable accommodations shall be prominently displayed at public information counters in
the planning, zoning and building departments, and City Clerk's office, and on the city's website,
advising the public of the availability of the procedure for eligible individuals. Forms for
requesting reasonable accommodation shall be available to the public in those departments, from
the city's ADA coordinator, and on the city's website.
F. Procedure for Application Review.
1. Applicant. A request for a reasonable accommodation may be made by any person
with a disability, his or her representative, or a developer or provider of housing for individuals
with a disability.
2. Application. An application for a reasonable accommodation shall be made on a
form provided by the planning department. The application form shall include a checklist of
materials, reports, developments, plans, and written information to be provided by the applicant.
No fee shall be required for a request for reasonable accommodation, but if the project requires
another discretionary permit, then the prescribed fee shall be paid for all other discretionary
permits. If an individual needs assistance in making the request for reasonable accommodation,
the city will provide assistance to ensure that the process is accessible.
3. Other Discretionary Permits. If the project for which the request for reasonable
accommodation is made requires another discretionary permit or approval (including but not
limited to, design review, conditional use permit, variance or subdivision), the applicant may file
the request for reasonable accommodation together with the application for the other discretionary
permit or approval. The processing procedures of the discretionary permit shall govern the joint
processing of both the reasonable accommodation and the discretionary permit.
4. Required Submittals. An application for a reasonable accommodation shall include
the following:
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a. Documentation that the applicant is: (i) a person with a disability, (ii)
applying on behalf of one or more persons with a disability, or (iii) a developer or provider of
housing for one or more persons with a disability;
b. The name and address of the individual(s) requesting the reasonable
accommodation;
c. The name and address of the property owner(s);
d. If the applicant is someone different than the property owner, a letter of
agency or authorization signed by the owner consenting to the application being made;
e. The address and current use of the property for which accommodation is
requested;
e:f. A description of the reasonable accommodation requested by the applicant
and the ordinance, law, regulation, policy, practice or procedure for which accommodation is
sought;
An explanation of how and why the specific reasonable accommodation
requested by the applicant is necessary to provide the individual(s) with a
disability an equal opportunity to use and enjoy the residence;
gh. Where applicable, documentation that the requested accommodation is
designed and constructed pursuant to Title 24 of the California Code of Regulations to allow
access, circulation and full use of the building and facilities by persons with disabilities.
5. The planning director may request additional information from the applicant
consistent with the Fair Housing Laws if
for the city to make necessary for the city to make a determination on the request for reasonable
accommodation in accordance with the findings required in subsection€G. The planning director
shall specify in detail the additional information that is required. In the event that a request for
additional information is made, the thirty (30) day period to issue a decision as provided in
Subsection (H)(2) is stayed until the applicant responds to the request.
6. Except as otherwise required by law, any information identified by an applicant as
confidential shall be retained in a manner so as to respect the privacy rights of the applicant and
shall not be made available for public inspection.
7. A request for reasonable accommodation may be filed at any time that the
accommodation may be necessary to ensure equal access to housing.A reasonable accommodation
does not affect an individual's obligations to comply with other applicable regulations not at issue
in the requested accommodation.
G. Basis for Approval o,. Denial f-a Decision on Request for Reasonable Accommodation;
Findings.
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1. General. The written decision to approve, approve with modifications, or deny a
request for reasonable accommodation shall be consistent with Fair Housing Laws and this
Subsection.
2. Findings. The written decision shall be based on the following findings, all of
which are required for approval or approval with modifications:
a. The requested accommodation is requested by or on behalf of one or more
persons with a disability protected under the Fair Housing Laws;
b. The requested accommodation is necessary to provide one or more
individuals persons with a disability an equal opportunity to use and enjoy a dwelling, and the
housing which is the subject of the request for accommodation will be used by such person(s)with
disabilities protected by the Fair Housing Laws;
c. The requested accommodation will would not impose an undue financial or
administrative burden on the city;
d. The requested accommodation will would not result in a fundamental
alteration in the nature of the city's land use and zoning program;
e. The requested accommodation will would not, under the specific facts of
the case, result in a direct threat to the health or safety of other individuals or substantial physical
damage to the property of others.
23. Conditions of approval. In granting a request for reasonable accommodation, the
planning director may impose any conditions of approval deemed reasonable and necessary to
ensure that the reasonable accommodation will comply with the findings required by this section.
Conditions may also be imposed to ensure that any removable structures or physical design
features that are constructed or installed in association with the reasonable accommodation be
removed once those structures or physical design features are unnecessary to afford the individual
with a disability for whom the reasonable accommodation was granted the use and enjoyment of
the dwelling.
34. None of the findings of this section are intended to supersede any other findings
which might also be required for a discretionary permit that is reviewed concurrently with the
request for accommodation.
2 5. In determining whether the requested reasonable accommodation is necessary to
provide one or more disabled persons with disabilities an equal opportunity to use and enjoy a
dwelling, pursuant to subsection (E)(1)(b)(G)(2)(b), the city may consider, but is not limited to,
the following factors:
a. Whether the requested accommodation will affirmatively enhance the
quality of life of one or more individuals persons with a disability;
b. Whether the individual-or-individuals person(s) with a disability will be
denied an equal opportunity to enjoy the housing type of their choice absent the accommodation;
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3-:6. In determining whether the requested reasonable accommodation would require a
fundamental alteration in the nature of the city's land use and zoning program, pursuant to
subsection(E)(1)(d)(G)(2)(d), the city may consider, but is not limited to, the following factors:
a. Whether the requested accommodation would fundamentally alter the
character of the neighborhood or the community in which the requested accommodation would be
located;
b. Whether the accommodation would result in a substantial increase in traffic
or insufficient parking when compared to the projected traffic or parking of other uses allowed by
right or conditionally allowed in the subject zone district;
c. Whether granting the requested accommodation would substantially
undermine any express purpose of either the city's general plan or an applicable specific plan or
zoning districts;
47. Rules While Decision is Pending. While a request for reasonable accommodation
is pending, all laws and regulations otherwise applicable to the property that is the subject of the
request shall remain in full force and effect.
€41. Review Authority;Notice of Decision.
1. Authority. The planning director shall have the authority to consider and act on
requests for reasonable accommodation and shall make reasonable accommodations in rules,
policies,practices,procedures or services when those accommodations may be necessary to afford
one or more persons with disabilities equal opportunities to use and enjoy their dwelling consistent
with the Fair Housing Laws.
2. Decision.
a. For requests for reasonable accommodation,the the planning director shall
issue a written determination to approve, conditionally approve, or deny a request for a reasonable
accommodation within a timely manner but no later than thirty (30) days of the date of receipt of
a complete application, and may (i) approve the accommodation request, (ii) approve the
accommodation request subject to nondiscriminatory conditions of approval or other
modifications, or (iii) deny the request. The planning director may, in his or her discretion, elect
to refer applications that may have a material effect on surrounding properties (including but not
limited to, a use not allowed under the subject zoning district or general plan, location of
improvements in the front yard or setback, location of accommodation in close proximity to a use
that restricts residential occupancy, accommodation that would violate a specific condition of
approval, improvements are permanent) directly to the planning commission for a decision.
a th tt t thYnb fn ide at f tha err„„lication A complete
application shall consist of the application form with all applicable information and documentation
included in or attached to the form. The city and applicant may mutually agree to extend the time
for the planning director's decision on the application. The decision on the application shall be
sent to the applicant by first class mail to the applicant, and the applicant may also request
notification by an accessible format
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b. For requests for reasonable accommodations involving any applications for
discretionary approval, the application for reasonable accommodation shall be processed and
considered separately from any discretionary elements of the same proposal.The planning director
shall act on the request for reasonable accommodation within a timely manner but no later than
thirty(30)days of the date of a complete application form;however, if the request for a reasonable
accommodation cannot be effectuated until a final decision is rendered on the related discretionary
approvals, a "provisional approval" can be granted within the 30-day time frame allowing the
reasonable accommodation request to be implemented, or modified as needed to obtain the same
goal, at the time of the final discretionary approval, and shall become final at the same time. The
applications for discretionary approval shall be separately considered and shall be subject to the
procedures for consideration specified in the applicable development code section or chapter,
depending on the type of application. The appropriate decision-making body shall act on all
discretionary permits, but not the reasonable accommodation request.
23. Appeals of the director's action shall be made in accordance with Section
17.03.090, as supplemented by the following:
a. The decision by the planning director on a request for reasonable accommodation
not involving one or more applications for a discretionary permit shall become final fifteen (15)
calendar days after the date of the planning director's decision, unless a timely appeal is filed in
accordance with Section 17.03.090(E).
b. The planning commission or the city council, as applicable, shall hear the matter
and render a determination on the appeal as soon as reasonably practicable, but-in no event later
than either(i) ninety (90) calendar days after an appeal has been filed or(ii) fifteen(15) calendar
days after the close of the appeal hearing,whichever occurs first. The city and applicant may also
mutually agree to extend the time for the planning commission's or city council's decision on the
appeal to a later date.All decisions on an appeal shall address and be based upon the same findings
required to be made in the original decision from which the appeal is taken.
c. An appeal from the planning director's decision on a request for reasonable
accommodation shall be made on a form provided by the planning department. The appeal form
shall include a checklist of materials, reports, developments,plans, and written information to be
provided by the appellant. No fee shall be required from an applicant for the appeal of a request
for reasonable accommodation, but if the appeal is for any other discretionary permit(s), then the
prescribed fee shall be paid by the appellant for such other discretionary permit(s).If an individual
needs assistance in the appeal of a decision on the request for reasonable accommodation,the city
will provide assistance to ensure that the process is accessible.
d. The decision on the appeal shall be sent by first class mail to the applicant and
appellant (if different), and the applicant may also request notification an accessible format. The
city council's action on any appeal shall be final.
e. Nothing in this procedure shall preclude an aggrieved individual from seeking other
state or federal remedy available.
&I. Expiration, Time Extension, Violation, Discontinuance, and Revocation.
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1. Expiration. Any reasonable accommodation approved in accordance with the terms
of this Section shall expire within twenty-four months from the effective date of the approval, or
at an alternative time specified as a condition of the approval, unless:
a. A building permit has been issued and construction has commenced;
b. A certificate of occupancy has been issued;
c. The use is established; or
d. A time extension has been granted.
2. Time Extension.
a. The planning director may, upon an application being filed prior to
expiration and for good cause, grant a time extension of up to three one-year extensions of time.
Each extension of time shall be granted in one-year increments only. Upon granting of an
extension,the planning director shall ensure that conditions of the administrative approval comply
with all current development code provisions.
b. Notice. Notice of the planning director's decision on a time extension shall
be provided in writing. All written decisions shall give notice of the right to appeal and to request
reasonable accommodation in the appeals process.
c. Appeal of Determination. A time extension for a reasonable
accommodation shall be final unless appealed to the city council within fourteen calendar days of
the date of mailing of the determination. An appeal shall be made in writing and shall be noticed
and heard pursuant to the procedures established in Section 17.03.090 of this code.
3. Discontinuance. If the disabled-persons person with a disability for whom the
reasonable accommodation was originally granted vacates the residence to which the reasonable
accommodation applies,the reasonable accommodation shall remain in effect only if the planning
director determines that: (a) the modification is physically integrated into the residential structure
and cannot easily be removed or altered to comply with the Municipal Code; or (b) the
accommodation is necessary to give another Elisabled4ndividual person with a disability an equal
opportunity to enjoy the dwelling. The planning director may request that the applicant, or his or
her successor-in-interest, provide documentation that subsequent occupants are persons with
disabilities. Failure to provide such documentation within thirty days of the date of a request by
the city shall constitute grounds for discontinuance by the city of a previously approved reasonable
accommodation.
4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080.
Any reasonable accommodation approved in accordance with the terms of this code may be
revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any
law or ordinance is violated in connection therewith.
144. Amendments. A request for changes in conditions of approval of a reasonable
accommodation, or a change to plans that would affect a condition of approval shall be treated as
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a new application. The planning director may waive the requirement for a new application if the
changes are minor, do not involve substantial alterations or addition to the plan or the conditions
of approval, and are consistent with the intent of the original approval."
Section 32. Section 17.03.090(B) (Appeals) of Chapter 17.03 (Administration
of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as
follows:
"B. Decisions Which May Be Appealed to Planning Commission. The following
actions may be appealed to the planning commission:
1. Actions by the director of planning on approval of development permits,
conditional use permits and extensions of time;
2. Actions by the director of planning on the approval of sign permits;
3. Except as otherwise provided in section 17.03.065(H)(2), any mother action by
the director of planning for which an appeal is authorized by the Code."
Section 33. "Residential Uses" of Table 17.24.040 of Section 17.24.040
(Parking requirements) of Chapter 17.24 (Off-street parking and loading) of Title 17 (Zoning) of
the Temecula Municipal Code is hereby amended to add a new row to read as follows (with
additions shown in underlined text and deletions shown in strikethrough text), with all other
provisions of Table 17.24.040 remaining unchanged:
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Residential Uses
Single-family residence 2 enclosed spaces
Duplex, triplexes 2 covered spaces/unit, plus 1 guest space/4
units
Multiple-family residential - 3 or fewer 2-5 units;2 1 `Y2 covered spaces/unit, plus 2
bedrooms (12 or less units) guest spaces
6-12 units; 2 1 `Y2 covered spaces/unit, plus 3
guest spaces
Multiple-family residential - 13 or more units 1 covered parking space plus 1.5 uncovered
parking space for 1 bedroom units. In
addition, 1 guest space for every 6 units.
1 covered parking space plus 1 uncovered
parking space for 2 bedroom units. In
addition, 1 guest space for every 6 units.
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2 covered parking space 0.5 uncovered
parking space for three bedroom (or more)
units. In addition, 1 guest space for every 6
units.
A minimum of 4 guest spaces is required for
all multifamily residential with 13 or more
units.
Accessory dwelling unit 1 parking space per newly constructed
detached ADU except as otherwise provided
in Chapter 17.23. The parking space may be
provided as tandem parking on the driveway.
Mobilehome park 1 covered space/trailer site, plus 1 guest
space/2 trailer sites
Senior citizens housing complex 0.5 covered space/unit plus 1 uncovered space
per 5 units for guest parking
Congregate care housing 0.5 uncovered space/unit plus 1 uncovered
space per 5 units for guest parking
Section 34. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of the
Project:
Section 34.
A. Pursuant to the California Environmental Quality Act ("CEQA")
and the City's local CEQA Guidelines, the City Council has reviewed and considered the Final
Environmental Impact Report("FEIR")for the General Plan certified by the City Council on April
12, 2005 (State Clearinghouse No. 2003061041), including the impacts and mitigation measures
identified therein. Staff has also reviewed Addendum 2021-01 to the FEIR which was prepared
and adopted in connection with the City Council's adoption of the 2021-2029 Housing Element
on February 8, 2022. This Ordinance implements the programs set forth in the certified Housing
Element which the City Council committed to when it adopted the Housing Element. As such,
this is an implementing action of an already approved project (adoption of the Housing Element),
and no further environmental review is required.
B. To the extent that any further environmental review is required, the City Council
finds that none of the conditions in CEQA Guidelines Section 15162 are present to require the
preparation of a subsequent EIR or an additional Addendum, and no additional environmental
review is required. The adoption of this Ordinance does not result in any new or greater
environmental impacts than were previously analyzed,disclosed, and mitigated since the adoption
of this Ordinance was contemplated in the programs of the Housing Element. In addition, no new
information of substantial importance has surfaced since the certification of the General Plan EIR
or the adoption of Addendum 2021-01.
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Section 35. 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 36. 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 37. 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 , 2023.
Zak Schwank, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
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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. 2023- was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 14th day of November, 2023, 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 , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
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EXHIBIT B
STATE OF CALIFORNIA-BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM,Govemor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento,CA 95833
(916)263-2911 /FAX(916)263-7453 9y� y
www hcd ca qov c�� �•
December 3, 2021
Luke Watson, Deputy City Manager
Community Development Department
City of Temecula
41000 Main Street
Temecula, CA 92590
Dear Luke Watson:
RE: City of Temecula 6th Cycle (2021-2029) Draft Housing Element
Thank you for submitting the City of Temecula (City) draft housing element received for
review on October 5, 2021. Pursuant to Government Code section 65585, subdivision (b),
the California Department of Housing and Community Development (HCD) is reporting
the results of its review. Our review was facilitated by a telephone conversation on
November 19, 2021 with Senior Management Analyst, Mr. Brandon Rabidou and
Planning consultant Amanda Tropiano.
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes the revisions needed to comply with State Housing
Element Law.
As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of
today, the City has not completed the housing element process for the 6th cycle. The
City's 5th cycle housing element no longer satisfies statutory requirements. HCD
encourages the City to revise the element as described above, adopt, and submit to
HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of the
statutory deadline (October 15, 2021), then any rezoning to accommodate the regional
housing needs allocation (RHNA), including for lower-income households, shall be
completed no later than one year from the statutory deadline. Otherwise, the local
government's housing element will no longer comply with State Housing Element Law,
and HCD may revoke its finding of substantial compliance pursuant to Government
Code section 65585, subdivision (i).
Luke Watson, Deputy City Manager
Page 2
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor's Office of Planning and Research at:
http://opr.ca.qov/docs/OPR Appendix C final.pdf and
http://opr.ca.gov/docs/Final 6.26.15.pdf.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's
Affordable Housing and Sustainable Communities programs; and HCD's Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
HCD appreciates the diligent work Amanda Tropiano and Brandon Rabidou during our
review. We are committed to assisting the City of Temecula in addressing all statutory
requirements of State Housing Element Law. If you have any questions or need
additional technical assistance, please contact Tristan Lanza, of our staff, at
tristan.lanza(a�hcd.ca.gov.
Sincerely,
Z7(\7
Paul McDougall
Senior Program Manager
Enclosure
APPENDIX
CITY OF TEMECULA
The following changes are necessary to bring the City's housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD's website at
http://www.hcd.ca.gov/community-development/housing-element/housinq-element-memos.shtml.
Among other resources, the housing element section contains HCD's latest technical assistance
tool, Building Blocks for Effective Housing Elements (Building Blocks), available at
http://www.hcd.ca.gov/community-development/buildinq-blocks/index.shtml and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress
in implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must provide an
evaluation of the effectiveness of goals, policies, and related actions in meeting the
housing needs of special needs populations (e.g., elderly, persons with disabilities,
large households, female headed households, farmworkers and persons experiencing
homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively furthering]fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2...shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
The element includes the Assessment of Fair Housing (AFH) that was prepared in
2017 and is only pertinent until 2022. The analysis must be for the entire planning
period and additional information is necessary to address the requisite affirmatively
furthering fair housing (AFFH) analysis requirement, including local contributing factors
to the fair housing issues and develop strong programs and strategies to address the
identified fair housing issues as follows:
Enforcement and Outreach: The element describes past outreach efforts and fair
housing services from the City's Analysis of Impediments (Al) completed in 2017.
While the element lists the partnership with the Fair Housing Council of Riverside
County, it must also include recent information on fair housing enforcement as well as
local knowledge. Enforcement should include data and evaluation (e.g., characteristics
of complaints) of any past or current fair housing lawsuits, findings, settlements,
judgements, and complaints as well as confirm that the City complies with fair housing
law. The analysis could also evaluate data and the results from any fair housing
Review of the City of Temecula 6th Cycle Draft Housing Element Page 1
December 3, 2021
testing. In addition, the analysis should also include ongoing outreach throughout the
planning period.
Integration and Segregation: While the element utilized data from the City's 2017 Al,
the element must be updated to include recent data. The regional analysis of race
should include an analysis of concentrations of race in comparison to the surrounding
area, not just as a percentage of the overall population. In addition, the element must
analyze whether families or non-family households are concentrated in certain areas or
spread throughout the City and also include a regional level analysis (comparing the
City to the region). The element must provide a local and regional analysis for race,
disability, familial status, and income.
Racial/Ethnic Areas of Concentration of Poverty (R/ECAP): The element includes
information relative to R/ECAP but the analysis must also provide a regional
comparison. In addition, the City should also address concentrated areas of affluence.
The combination of the R/ECAP and areas of affluence analyses will help guide goals
and actions to address fair housing issues. The analysis should evaluate the patterns
and changes over time at a local and regional level. Furthermore, the element does list
one area of high poverty and segregation therefore the City should analyze this
concentration and consider relevant factors such as past policies, practices, and
investments as well as whether or not there is a concentration of subsidized housing
units in that area.
Access to Opportunity: While the element contains some general information on
access to opportunity from its 2017 Al, it must be updated with more recent data and
must include a local and regional analysis in relation to education, economy,
transportation and environmental factors. The analysis should include maps and
descriptions as appropriate. The element must also include a regional analysis
regarding overall access comparing the City to the surrounding region.
Disproportionate Housing Needs: While the element analyzes displacement, it must
also include an analysis of all factors related to disproportionate housing needs to
include the following:
• Cost Burden: The element has some information on cost burden; however the
element must be revised to expand on the local analysis by including overall cost
burden and include a regional analysis.
• Risk of Displacement: While the element stated that there was no displacement risk
due to investment, it is unclear what data was utilized to reach this conclusion. The
element should include an analysis to support the conclusion. In addition, the
element must analyze the risk of displacement due to disaster (i.e. fire, flood
earthquake).
• Overcrowding, substandard housing and homelessness: The element must be
revised to include a local and regional analysis of overcrowding, substandard
housing and homelessness including looking at trends, patterns, and other local
knowledge, and conclude with a summary of issues.
Review of the City of Temecula 6th Cycle Draft Housing Element Page 2
December 3, 2021
Sites Inventory: The element must include an analysis demonstrating whether sites
identified to meet the RHNA are distributed throughout the community in a manner that
AFFH. A full analysis should address the income categories of identified sites with
respect to location, the number of sites and units by all income groups and how that
effects the existing patterns for all components of the assessment of fair housing (e.g.,
segregation and integration, access to opportunity). While the element states that sites
identified for lower income are disbursed throughout the City, that information should
be supported with maps and analysis. Also, the element must describe where the
moderate and above moderate sites are located throughout the City. The element
should also discuss whether the distribution of sites improves or exacerbates
conditions. If sites exacerbate conditions, the element should identify further program
actions that will be taken to mitigate this (e.g. anti-displacement strategies).
Contributing Factors: While the element contains information on contributing factors, it
must also identify, evaluate, and prioritize the contributing factors to fair housing.
Furthermore, the analysis shall result in strategic approaches to inform and connect
goals and actions to mitigate contributing factors to affordable housing.
Goals, Priorities, Metrics, and Milestones: The element must be revised to add or
modify goals and actions based on the outcomes of a complete analysis. Goals and
actions must specifically respond to the analysis and to the identified and prioritized
contributing factors to fair housing issues and must be significant and meaningful
enough to overcome identified patterns and trends. Actions must have specific
commitment, metrics and milestones as appropriate and must address housing mobility
enhancement, new housing choices and affordability in high opportunity areas, place-
based strategies for community preservation and revitalization and displacement
protection. For more information, please see HCD's guidance at
https://www.hcd.ca.gov/community-development/affh/index.shtml#guidance.
2. An inventory of land suitable and available for residential development, including
vacant sites and sites having realistic and demonstrated potential for redevelopment
during the planning period to meet the locality's housing need for a designated income
level, and an analysis of the relationship of zoning and public facilities and services to
these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing need allocation (RHNA) of 4,193 housing units, of
which 2,160 are for lower-income households. To address this need, the element relies
on vacant sites, including sites in Specific Plan Areas and within the Affordable
Housing Overlay area. To demonstrate the adequacy of these sites and strategies to
accommodate the City's RHNA, the element must include complete analyses:
Progress in Meeting the RHNA: The element indicates (p. HBR 52, Table 32) that 159
units are either approved or are in the process of being approved of which 132 are
affordable to lower-income households. The element must include additional
information on the status of these units including any remaining entitlement that are
needed prior to approval, and for projects approved, but not yet built, the jurisdiction
must demonstrate the units are expected to be built in the planning period. The
Review of the City of Temecula 6th Cycle Draft Housing Element Page 3
December 3, 2021
element must also include an analysis to demonstrate the affordability of these units
based on actual or projected sales prices, rent levels, or other mechanisms
establishing affordability in the planning period.
Sites Inventory: The element must clarify whether all sites in Appendix A are vacant
and if the unit count includes realistic capacity assumptions. In addition, the unit count
listed in the sites inventory should be the number of units without a decimal, currently
there are sites listed that do not equal one unit per site. The sites inventory should
include the allowed densities for all sites listed in the inventory. The element must also
include a general map of identified sites.
Realistic Capacity: While the element mentions an assumption of 85 percent of
maximum allowable densities to calculate residential capacity on identified sites
(p. HBR 125), it must also provide support for these assumptions. The capacity
methodology must estimate of the number of units for each site based on the land use
controls and site improvements, typical densities of existing or approved residential
developments at a similar affordability level, and on the current or planned availability
and accessibility of sufficient water, sewer, and dry utilities. The element must also
provide support for the assumptions within the three specific plans (Old Town,
Harveston and Uptown) including accounting for the likelihood of development of 100
percent nonresidential uses. For example, the element could analyze all development
activity in these nonresidential zones, how often residential development occurs and
adjust residential capacity calculation, policies and program accordingly. The element
should include analysis based on factors such as development trends, performance
standards or other relevant factors.
Zoning Appropriate for Lower-Income: The element should clarify if the Affordable
Housing Overlay which allows up to 30 units per acre applies to these sites. If not, the
element must include an analysis evaluating the appropriateness of zoning to
accommodate housing affordable to lower-income households. The analysis should be
based on factors such as market demand, development experience within zones, and
specifically address the impacts of density on financial feasibility. For communities with
densities that meet specific standards (at least 30 units per acre for Temecula), this
analysis is not required.
Large Sites: Sites larger than ten acres in size are deemed inadequate to
accommodate housing for lower-income housing unless it is demonstrated that sites of
equivalent size were successfully developed during the prior planning period for an
equivalent number of lower-income housing units as projected for the site or unless
the housing element describes other evidence to HCD that the site is adequate to
accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) For
example, a site with a proposed and approved housing development that contains
units affordable to lower-income households would be an appropriate site to
accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd.
(c)(2)(C).) In addition, p. HBR 128 states that two of the large sites are City-owned.
The element must identify which sites are owned by the City and include the potential
schedule for development. The element must also include a description of whether
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there are any plans to sell the property during the planning period and how the
jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section
54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
Availability of Infrastructure: While the element describes water and sewer
infrastructure capacity (pg. HBR 106), it must also demonstrate sufficient existing or
planned dry utilities, including the availability and access to distribution facilities to
accommodate the City's RHNA. The element must also clarify that there is sufficient
current or planned water and sewer capacity to meet the RHNA in all specific plans.
Environmental Constraints: While the element generally describes environmental
conditions within the City (pg. HBR 111), it must relate those conditions to identified
sites within the inventory and describe any other known environmental or other
constraints that could impact housing development on identified sites in the planning
period.
Accessory Dwelling Units: The element assumes an ADU build out of 18 ADU and/or junior
accessory dwelling unit (JADU) per year based upon the City's 2020 production. Given that
the City has only produced an average of 6 units per year since 2018, it is not clear if this
production level will be achievable in the planning period. As a result, the element should
be updated to include a realistic estimate of the potential for ADUs and include policies and
programs that incentivize the production of ADUs. Depending on the analysis, the element
must commit to monitor ADU production throughout the course of the planning period and
implement additional actions if not meeting target numbers anticipated in the housing
element. In addition to monitoring production, this program should also monitor affordability.
Additional actions, if necessary, should be taken in a timely manner (e.g., within six
months). Finally, if necessary, the degree of additional actions should be in stride with the
degree of the gap in production and affordability. For example, if actual production and
affordability of ADUs is far from anticipated trends, then rezoning or something similar
would be an appropriate action. If actual production and affordability is near anticipated
trends, then measures like outreach and marketing might be more appropriate.
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element states emergency shelters are allowed by
right in the Medium and High-Density Residential districts, the element must
describe the development standards and requirements. In addition, the element
must also demonstrate the zones have sufficient capacity to accommodate the
identified housing need and analyze the access to services for zones that allow
emergency shelters without conditions. In addition, the element must ensure the
parking requirements meet AB 139.
• Transitional Housing and Supportive Housing: The element describes the definition
of transitional and supportive housing (p. HBR 95) but does not state whether the
City complies. Transitional housing and supportive housing must be permitted as a
residential use in all zones allowing residential uses and only subject to those
restrictions that apply to other residential dwellings of the same type in the same
zone. (Gov. Code, § 65583, subd. (a)(5).) The element must describe and analyze
Review of the City of Temecula 6th Cycle Draft Housing Element Page 5
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the City's transitional and supportive housing standards and codes and
demonstrate consistency with Government Code section 65583, subdivision (a)(5)
or add or revise programs which comply with the statutory requirements.
• Manufactured Housing: The element identifies manufactured homes as suitable
housing in all of its residential zoning districts. However, the housing element must
demonstrate the jurisdiction's zoning code allows and permits manufactured
housing in the same manner and in the same zone as a conventional or stick-built
structures are permitted pursuant to Government Code Section 65852.3.
• Agricultural Housing: The element must demonstrate zoning is consistent with the
Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically,
sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six
or fewer employees to be treated as a single-family structure and permitted in the
same manner as other dwellings of the same type in the same zone. Section
17021.6 requires employee housing consisting of no more than 12 units or 36 beds
to be permitted in the same manner as other agricultural uses in the same zone.
• Single Room Occupancy (SRO): The element must clarify zoning that allows SRO
units or add a program as appropriate.
• ADUs: The element must also clarify that ADUs are allowed in all zones that allow
residential uses.
3. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities
as identified in the analysis pursuant to paragraph (7), including land use controls,
building codes and their enforcement, site improvements, fees and other exactions
required of developers, and local processing and permit procedures. The analysis shall
also demonstrate local efforts to remove governmental constraints that hinder the
locality from meeting its share of the regional housing need in accordance with
Government Code section 65584 and from meeting the need for housing for persons
with disabilities, supportive housing, transitional housing, and emergency shelters
identified pursuant to paragraph (7). Transitional housing and supportive housing shall
be considered a residential use of property and shall be subject only to those
restrictions that apply to other residential dwellings of the same type in the same zone.
(Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: The element must identify and analyze all relevant land use
controls impacts as potential constraints on a variety of housing types. The analysis
should analyze land use controls independently and cumulatively with other land use
controls including whether development standards impede the ability to achieve
maximum allowable densities. Page HBR 75 lists target densities that are lower than
the maximum density and states "The target density establishes a ceiling within the
range which cannot be exceeded without Planning Commission/City Council approval."
The element must clarify whether densities assumed in the sites inventory can be met
without City Council approval and analyze whether this is a constraint and add a
program as appropriate. In addition, Table 48 (HBR 80) lists zones that do not include
minimum/maximum densities or Floor Area Ratios for the zones listed. The element
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must clarify whether residential development is allowed in these zones. In mixed-use
overlay, the element must also clarify if residential development is allowed without a
commercial component.
Parking: The element must analyze the parking requirements (p. HBR 81) of two
spaces for all residential dwelling units for properties with 12 or fewer units for its
impact as a potential constraint on housing. Should the analysis determine the parking
standards are a constraint on residential development, it must include a program to
address or remove any identified constraints.
Fees and Exactions: The element must describe all required fees for single family and
multifamily housing development, including environmental and impact fees, and
analyze their impact as potential constraints on housing supply and affordability. In
addition, the element must clarify if all fees listed in Table 54 (HBR 99) are the same
for single family and multifamily developments. For example, the analysis could identify
the total amount of fees and their proportion to the development costs for both single
family and multifamily housing.
Density Bonus: The City's current density bonus ordinance should be reviewed for
compliance with current state density bonus law. (Gov. Code, § 65915.) and programs
should be added as appropriate.
Local Ordinances: The element must specifically analyze locally adopted ordinances
such as inclusionary ordinances or short-term rental ordinances that directly impact the
cost and supply or residential development. The analysis should demonstrate local
efforts to remove governmental constraints that hinder the locality from meeting its
share of the regional housing need and from meeting the need for housing for persons
with disabilities, supportive housing, transitional housing, and emergency shelters.
Processing and Permit Procedures: While the element (p. HBR 104) includes some
information about processing times, it should also describe the procedures for a typical
single family and multifamily development. The analysis should address the approval
body, the number of public hearing if any, approval findings and the element should
describe how the standards of decision-making impact development certainty.
Furthermore, the analysis should address impacts on housing cost, supply, timing and
approval certainty. For example, the element (Table 57) should identify timeframes for
conditional use permits, zoning changes, general plan amendments, site plan review,
architectural/design review, parcel and tract maps, environmental impact reports and
analyze approval findings for impacts on approval certainty, the presence of processes
or guidelines to promote certainty and add or modify programs as appropriate. In
addition, the element must analyze the difference in length of time to approve a single-
family unit (four to six weeks) versus a multifamily unit (a minimum of a year) as a
constraint on development. The element must also describe whether multifamily
projects are required to have a discretionary hearing by City Council due to the size of
the project (greater than 10,000 square feet) (p. HBR 104). Lastly, the element must
address whether projects that are 100 percent affordable will be approved in the
affordable housing overlay or whether they must be mixed-income projects (HBR 120).
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Specific Plan: The element must describe any process requirements to develop in the
specific plan as well as the process to subdivide lots into developable parcels.
Codes and Enforcement: The element must describe if there are any local
amendments to the building code and their enforcement for impacts on housing supply
and affordability.
Zoning and Fees Transparency: The element must clarify its compliance with new
transparency requirements for posting all zoning and development standards for each
parcel on the jurisdiction's website pursuant to Government Code section 65940.1,
subdivision (a)(1).
Constraints on Housing for Persons with Disabilities:
• Group Homes: The element must analyze and revise requirements for both
group homes for six or fewer residents as well as group homes for seven or
more residents. Group homes for six or fewer residents must be allowed by-right
in all residential zones. While the element conditionally permits the use for
residential care facilities serving seven or more persons in residential and
commercial zones, the element must include the City's process for objectively
approving the conditional use permit and the description of the compatibility
findings. The element must include the decisions making criteria as an objective
procedure. The element also states it requires the State Fire Marshal's approval
for group homes of seven or more residents. The element must be revised to
analyze the process as a potential constraint on housing for persons with
disabilities and add or modify programs as appropriate to ensure zoning permits
group homes objectively with approval certainty.
• Reasonable Accommodation Procedure: While the element (p. HBR103)
indicates the City does have a reasonable accommodation procedure, it must
list the specific findings and requirements for requesting and granting a
reasonable accommodation separate from the conditional use permit
procedures. The procedure should not be limited to the installation of
accessibility improvements and must provide reasonable accommodations to
zoning and land-use requirements for housing for persons with disabilities.
4. An analysis of potential and actual nongovernmental constraints upon the
maintenance, improvement, or development of housing for all income levels, including
the availability of financing, the price of land, the cost of construction, the requests to
develop housing at densities below those anticipated in the analysis required by
subdivision (c) of Government Code section 65583.2, and the length of time between
receiving approval for a housing development and submittal of an application for
building permits for that housing development that hinder the construction of a locality's
share of the regional housing need in accordance with Government Code section
65584. The analysis shall also demonstrate local efforts to remove nongovernmental
constraints that create a gap between the locality's planning for the development of
housing for all income levels and the construction of that housing. (Gov. Code, §
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65583, subd. (a)(6).)
The element must contain an analysis of potential nongovernmental constraints
including the following:
• Land Costs: Estimate the average cost per acre for single-family and multifamily
zoned developable parcels.
• Availability of Financing: The element must include an analysis of whether housing
financing, including private financing and government assistance programs, is
generally available in the community.
Developed Densities and Permit Times: The element must be revised to include
analysis of requests to develop housing at densities below those anticipated, and the
length of time between receiving approval for a housing development and submittal of
an application for building permits that potentially hinder the construction of a locality's
share of the regional housing need.
5. Analyze any special housing needs such as elderly; persons with disabilities, including
a developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code, §
65583, subd. (a)(7).)
Farmworker Housing: The element indicates that there are only 228 farmworkers
employed farming occupations in the City. However, farmworkers from the broader
area and those employed seasonally may have housing needs, including within the
City's boundaries. As a result, the element should at least acknowledge the housing
needs of permanent and seasonal farmworkers at a county-level (e.g., using USDA
county-level farmworker data) and include programs as appropriate.
6. Analyze existing assisted housing developments that are eligible to change to nonlow-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd.
(a)(9) through 65583(a)(9)(D).)
While the element identifies 180 units for being at risk, the element lists four properties that
are at-risk of expiring within the next 10 years for a total of 256 units. In addition, the
element should describe any outreach to owners and interest in preserving the units
identified. The element must identify local public agencies, public or private nonprofit
corporations, and for-profit organizations with the legal and managerial capacity to acquire
and manage at-risk projects pursuant to Government Code Section 65583, subdivision
(a)(8)(C)). In addition, the element must list potential federal, state, and local funding
sources that can be used to preserve the units.
While the element analyzes the cost of replacement for units designated high risk, the
element must analyze replacement costs for all units with expiring restrictions in the
next ten years. Furthermore, the analysis should contain the following:
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• Estimate the costs of producing new rental housing (comparable in size and rent levels
to existing at-risk units) to replace units converting from affordable to market rate. The
analysis should consider current land costs and either current construction costs
(square footage rates for multifamily development) or the actual cost of recently
completed units.
• Estimate the cost of preserving the identified assisted housing developments including
acquisition and rehabilitation costs long-term affordability controls and project-based
rent subsidies.
A project-by-project replacement/preservation cost estimate is not required (Government
Code Section 65583(a)(8)(B)). The element can make an assessment of the appropriate
strategy (replace vs. preserve) based on sample cost estimates.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs
are ongoing, such that there will be beneficial impacts of the programs within the
planning period, that the local government is undertaking or intends to undertake to
implement the policies and achieve the goals and objectives of the Housing Element
through the administration of land use and development controls, the provision of
regulatory concessions and incentives, and the utilization of appropriate federal and
state financing and subsidy programs when available. The program shall include an
identification of the agencies and officials responsible for the implementation of the
various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Gov. Code section 65583, subd. (c)(1-6), and
to facilitate implementation, programs should include: (1) a description of the City's
specific role in implementation; (2) all programs must be revised with discrete timelines
(i.e. month and year); (3) objectives, quantified where appropriate; and (4) identification
of responsible agencies and officials. Programs to be revised include the following:
• Program 6 (Density Bonus Ordinance): The program must be revised to include
outreach to developers as well as how often the law will be monitored for
updates and potential revisions.
• Program 7 (Land Assemblage and Affordable Housing Development): The
program should be revised to include specific incentives to developers and
include a how often outreach will occur within the planning period.
• Program 10 (Mortgage Credit Certificate Program): The program must update
when the certification program will be implemented.
• Program 12 (Development Fees): The program should be updated to include
outreach to developers and to revise the timeframe to include how often the
program will be implemented within the planning period.
• Program 13 (Expedite Processing of Affordable Housing Projects): The element
must clarify when the objective criteria will be developed and adopted as well as
include proactive outreach to developers.
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• Program 19 (Residential Improvement Program): The program must be revised
to include how often the City will apply for funds throughout the planning period.
2. Identify actions that will be taken to make sites available during the planning period
with appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city's or county's share of the regional housing need
for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types
of housing for all income levels, including multifamily rental housing, factory-built
housing, mobilehomes, housing for agricultural employees, supportive housing, single-
room occupancy units, emergency shelters, and transitional housing. (Gov. Code, §
65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis,
therefore, the adequacy of sites and zoning were not established. Based on the results
of a complete sites inventory and analysis, the City may need to add or revise
programs to address a shortfall of sites or zoning available to encourage a variety of
housing types. In addition, the element should be revised as follows:
Previously Identified Nonvacant and Vacant Sites: While the element includes a policy
regarding sites identified for lower income that were listed in previous elements, this
must be revised as a program with a specific timeframe for implementation. If
nonvacant sites identified in a prior adopted housing element or vacant sites identified
in two or more consecutive planning periods, the sites are inadequate to accommodate
housing for lower-income households unless:
• The site's current zoning is appropriate for the development of housing affordable to
lower-income households by either including analysis or meeting the appropriate
density. See (Gov.Code section 65583.2, subdivision (c)(3)), and
• The site is subject to a housing element program that requires rezoning within three
years of the beginning of the planning period to allow residential use by right for
housing developments in which at least 20 percent of the units are affordable to
lower income households (Gov. Code, § 65583.2, subd. (c).).
Program 1 (Land Use Policy and Development Capacity): This program mentions
utilizing credits for constructed units towards the RHNA. If the units were constructed
before June 30, 2021 they cannot count toward the 6th cycle RHNA. In addition, the
program must include how often the inventory will be monitored and updated.
Program 3 (Public Property Conversion to Housing Program): This program should
include a schedule of actions to facilitate development on City owned sites during the
planning period. For example, the program could include zoning, outreach with
developers, incentives, fee waivers, priority processing, or financial assistance.
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Program 14 (Emergency Shelters and Transitional/Supportive Housing): As noted in
Finding B.3, the element describes transitional housing as allowed in the same manner
as emergency shelters, i.e., with a conditional use permit. However, transitional
housing and supportive housing must be permitted as a residential use in all zones
allowing residential uses and only subject to those restrictions that apply to other
residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd.
(a)(5).) The element must demonstrate consistency with Section 65583(a)(5) or add or
revise programs which comply with the statutory requirements. In addition, this
program must be implemented early in the planning period.
Housing for Agricultural Employees: As mentioned in finding B3, if the zoning code is
not consistent with the Employee Housing Act (Health and Safety Code, § 17000 et
seq.), specifically, sections 17021.5 and 17021 .6, the element must include a program
to revise the zoning code.
3. The housing element shall contain programs which assist in the development of
adequate housing to meet the needs of extremely low-, very low-, low- and moderate-
income households. (Gov. Code, § 65583, subd. (c)(2).)
Program 8 (Housing for Extremely Low-Income Households): While Program 8
identifies SRO units and efficiency housing units to assist in meeting the needs of
extremely low-income (ELI) households, it does not address the identified needs of
larger ELI households. The element must also confirm whether the identified program
incentives are currently in place or if they need to be adopted within the planning
period.
4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding(s) B.4 and B.5, the element requires a complete analysis of
potential governmental and nongovernmental constraints. Depending upon the results
of that analysis, the City may need to revise or add programs and address and remove
or mitigate any identified constraints. In addition, the following must be addressed:
Program 9 (Special Needs Housing Construction): The program should be revised to
specifically list which special needs groups are included and what incentives will be
offered to developers.
Program 16 (Zoning Code Amendments — Housing Constraints): This program must be
revised to include permanent supportive housing by-right (AB 2162) as well as the
residential care findings mentioned above in B.4.
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Program to Mitigate Nongovernmental Constraints: The element must be revised to
include a program that mitigates nongovernmental constraints that create a gap in the
jurisdictions ability to meet RHNA by income category (Gov. Code, § 65583.2, subd.
(c)(3).).
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and
other characteristics protected by the California Fair Employment and Housing Act
(Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and
any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd.
(c)(5))
While the element includes Program 22 (Equal Housing Opportunity), the program
should be revised to commit to annual outreach, enforcement, and education. In
addition, programs throughout the element should be revised to integrate the fair
housing analysis. Actions must have specific commitment, metrics and milestones as
appropriate and must address housing mobility enhancement, new housing choices
and affordability in high opportunity areas, place-based strategies for community
preservation and revitalization and displacement protection.
6. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent
necessary, all available federal, state, and local financing and subsidy programs
identified in paragraph (9) of subdivision (a), except where a community has other
urgent needs for which alternative funding sources are not available. The program may
include strategies that involve local regulation and technical assistance. (Gov. Code, §
65583, subd. (c)(6).)
Program 17 (Preserve At-Risk Housing Units): The program must be revised to include
specific and proactive actions to preserve the at-risk units in addition to monitoring. In
addition, the element should revise (c) tenant education, to include current State
Preservation Notice Law (Gov. Code 65863.10, 65863.11, 65863.13) which requires
owners to provide tenants and affected public entities (including the City) notices
regarding expiring rental restrictions starting three years before expiration.
7. Develop a plan that incentivizes and promotes the creation of accessory dwelling units
that can be offered at affordable rent, as defined in Section 50053 of the Health and
Safety Code, for very low, low-, or moderate-income households. For purposes of this
paragraph, "accessory dwelling units"has the same meaning as "accessory dwelling
unit" as defined in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code,
§ 65583, subd. (c)(7).)
While the element includes Program 5 (ADUs), the City should provide specific
incentives to promote the development. In addition, the timeframe should be revised to
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include how often the City will monitor ADU production, as well as review and update
the ordinance to comply with state law.
D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing element, and the
element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)
While appendix C tabulates general comments and goals from public comments, the
element must also include the missing summary of public participation (p. HBR 6). In
addition, the element must include information on whether the housing survey was
available in multiple languages and how public comments were incorporated.
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EXHIBIT C
STATE OF CALIFORNIA-BUSINESS,CONSUMER SERVICES AND HOUSING AGENCY GAVIN NFWSO _ Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ��l"`°•"'a
DIVISION OF HOUSING POLICY DEVELOPMENT o , dafI : w
2020 W. El Camino Avenue,Suite 500
Sacramento, CA 95833 °ob�c
(916)263-2911 /FAX(916)263-7453
www.hcd.ca.gov acf0itio
December 15, 2022
Aaron Adams, City Manager
City of Temecula
41000 Main Street
Temecula, CA 92590
Dear Aaron Adams:
RE: City of Temecula's 6th Cycle (2021-2029) Adopted Housing Element
Thank you for submitting the City of Temecula's (City) housing element adopted
February 8, 2022 and received for review on October 17, 2022 along with revisions
received on December 13, 2023. The revisions to the adopted housing element were
authorized by Resolution No. 2022-12. The review was also facilitated by
correspondence received on December 13, 2022. Pursuant to Government Code
section 65585, subdivision (h), the California Department of Housing and Community
Development (HCD) is reporting the results of its review.
HCD is pleased to find the adopted housing element in full compliance with State
Housing Element Law (Article 10.6 of the Gov. Code). The adopted element along with
revisions addresses the statutory requirements described in HCD's April 11, 2022
review. HCD reminds the City that a copy of the updated adopted housing element
including these revisions should posted wherever the housing element is available to
the public. HCD requests notification upon posting.
Additionally, the City must continue timely and effective implementation of all programs
including but not limited to the following:
• Program 1 Land Use Policy and Development Capacity: This program amend
the approval process to increase approval certainty for projects seeking to
achieve the maximum development capacity by 2025.
• Program 6 Large Sites: This program commits the City to offer incentives for the
development of affordable housing on large sites, which may include, but is not
limited to:
o Streamlining and expediting the approval process for land division for
projects that include affordable housing units,
o Deferral of fees related to the subdivision for projects affordable to lower-
income households, and
o Providing technical assistance to acquire funding by 2023.
Aaron Adams, City Manager
Page 2
• Program 17 Development Code Amendments — Housing Constraints: The City
commits to update the development code to comply with state law including but
not limited to employee housing, group homes, reasonable accommodation, and
parking by June 2023.
• Program 18 Provide Adequate Sites for Lower Income Households on
Nonvacant and Vacant Sites Previously Identified: As confirmed via email
correspondence on December 13, 2022, the City will continue to allow
developments by-right on previously identified sites when 20 percent or more of
the units are affordable to lower income households.
• Program 25 Equal Housing Opportunity: This program will commit the City to
actions identified across fair housing issues including increasing supply of
affordable housing units, incentives to curb displacement and mitigating
governmental constraints that limit access to housing across various housing
element programs within the planning period.
The City must monitor and report on the results of this and other programs through the
annual progress report, required pursuant to Government Code section 65400. Please
be aware, Government Code section 65585(i) grants HCD authority to review any
action or failure to act by a local government that it determines is inconsistent with an
adopted housing element or housing element law. This includes failure to implement
program actions included in the housing element. HCD may revoke housing element
compliance if the local government's actions do not comply with state law.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's
Affordable Housing and Sustainable Communities programs; and HCD's Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City meets housing element requirements for these and other funding
sources.
HCD appreciates the time and effort the housing element update and review team has
provided throughout the course of the housing element review. HCD wishes the City of
Temecula success in implementing its housing element and looks forward to following
its progress through the General Plan annual progress reports pursuant to Government
Code section 65400. If HCD can provide assistance in implementing the housing
element, please contact Tristan Lanza, of our staff, at tristan.lanzahcd.ca.gov.
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief