The purpose of this chapter is to facilitate the development
of affordable multifamily housing, enable the city to meet its housing
goals, and ensure that affordable housing developments will be compatible
with surrounding land uses by establishing an affordable housing overlay
zoning district.
(Ord. 18-09 § 10)
A property designated within the affordable housing overlay
may be developed either in the manner provided in this chapter or
in the manner provided in the underlying zoning district.
(Ord. 18-09 § 10)
A.
Projects
that comply with the requirements of this chapter are permitted by
right.
B.
Form
of Application. An application for a project pursuant to this chapter
shall be completed on a form provided by the planning department for
an administrative review. The administrative review application shall
be reviewed by the planning director and shall be granted if the planning
director finds that the application complies with all of the requirements
in this chapter.
C.
Notice
of Decision. A notice of decision for an administrative review application
shall be mailed first class and postage pre-paid to both the applicant
and its representative (as shown on the application) and to any person
who has made a written request for a copy of the decision.
D.
Expiration
of Administrative Approval. Within three years of the date of approval
for the administrative review application, commencement of construction
shall have occurred or the approval shall become null and void.
(Ord. 18-09 § 10)
A.
The
applicant shall enter into a Cultural Resources Treatment Agreement
with the Pechanga Tribe, and provide a copy of this agreement to the
city before the director approves the administrative review application.
This Agreement shall address the following:
1.
Treatment
and disposition of cultural resources;
2.
The
designation, responsibilities, and participation of professional Pechanga
Tribal monitors during grading, excavation and ground disturbing activities;
3.
Project
grading and development scheduling;
4.
Terms
of compensation for the Pechange Tribal monitors;
5.
Treatment
and final disposition of any cultural resources, sacred sites, and
human remains discovered on site;
6.
Pechanga
Tribal monitor's authority to stop and redirect grading in order to
evaluate the significance of any potential resources discovered on
the property, and to make recommendations as to treatment;
7.
The
applicant's agreement to relinquish ownership of all cultural resources,
including all archaeological artifacts that are found on the project
area, to the Pechanga Tribe for proper treatment and disposition;
and
8.
The
applicant's agreement that all Pechanga Tribal sacred sites are to
be avoided and preserved.
B.
The
applicant shall comply with the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP), the MSHCP implementing
agreement, and pay any applicable fees including any local development
mitigation fee.
C.
The applicant shall comply with all requirements of the building codes adopted by the city, pursuant to Chapter 15.04 of this code.
D.
The
applicant shall enter into an agreement with the city, approved and
executed by the city manager in a form approved by the city attorney,
whereby the applicant agrees to:
1.
Conduct
a burrowing owl study in compliance with the MSHCP prior to plan check
approval for a grading permit. If the results of the survey indicate
that no burrowing owls are present on site, then the project may move
forward with grading, upon planning division approval. If burrowing
owls are found to be present or nesting on site during the preconstruction
survey, then the applicant shall comply with the following requirements
unless the MSHCP contains different mitigation measures, in which
case the MSHCP mitigation measures shall prevail: Exclusion and relocation
activities may not occur during the breeding season, which is defined
as March 1 through August 31, except that from March 1 through March
15 and from August 1 through August 31 exclusion and relocation activities
may take place if it is proven to the city and appropriate regulatory
agencies (if any) that egg laying or chick rearing is not taking place.
This determination must be made by a qualified biologist. If construction
is delayed or suspended for more than thirty days after the survey,
the area shall be resurveyed.
E.
The applicant shall comply with the requirements of the city's public art ordinance, as set forth in Chapter 5.08 of this code.
F.
The applicant shall pay any applicable transportation uniform mitigation fees, as set forth in Chapter 15.08 of this code.
G.
The applicant shall pay any applicable development impact fees, as set forth in Chapter 15.06 of this code.
H.
The applicant shall comply with all requirements of the NPDES MS4 permit and Chapter 18.06 herein, including preparing a water quality management plan, paying all fees, obtaining all permits, and entering into any necessary operating and maintenance agreements related thereto. The property owner shall provide for the effective establishment, operation, management, use, repair, and maintenance of all drainage facilities and pollution prevention devices outlined in the WQMP for the project.
I.
The applicant shall comply with the city's sign standards, as set forth in Chapter 17.28 of this code. All projects approved pursuant to this chapter shall comply with the standards applicable to signs in residential districts, even if the underlying zoning district for the property is professional office, public-institutional, or another nonresidential zoning district, except that any project in the Uptown Temecula specific plan area shall follow the sign standards in the Uptown Temecula specific plan.
J.
The applicant shall comply with the requirements of the city's water efficient landscape ordinance, as set forth in Chapter 17.32 of this code.
K.
The
applicant shall comply with all objective health and safety standards,
as determined by the Riverside County environmental health department.
L.
If
determined applicable by the city, the applicant shall submit a geotechnical
report by a certified engineer, geologist or civil engineer practicing
within their area of competence. The applicant also shall pay all
fees associated with a city or city-contracted third party review
of said geotechnical report. The applicant shall mitigate all seismic
risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping
Act, and any subsequent seismic legislation.
M.
Where
no subdivision is required, and if determined applicable by the city,
the applicant shall enter into a reciprocal access easement, maintenance
agreement, or other agreement, in a form approved by the city attorney,
ensuring access to all parcels and joint maintenance of all roads,
drives, parking areas, drainage facilities, and water quality features.
Prior to the issuance of the grading permit, the applicant shall record
a copy of this agreement in the public records of the county of Riverside,
and a copy of the agreement shall be filed with the office of the
city clerk, and a copy shall be provided to the planning department.
(Ord. 18-09 § 10; Ord. 20-06 § 4)
A.
The
purpose of this section is to establish standards and requirements
for dedications and improvements in connection with the development
of land pursuant to this chapter in which no subdivision is involved.
B.
Dedications
Required. Applicants who propose a development pursuant to this chapter
shall provide, by means of an offer of dedication or other appropriate
conveyance as approved by the city attorney, the rights-of-way necessary
for the construction of any street as shown on the circulation plan
in the general plan, any applicable specific plan, or otherwise required
by the director of public works in compliance with an established
street system or plan. Rights-of-way shall be provided for improvements
to existing facilities, including rights-of-way for storm drains or
other required public facilities. All rights-of-way shall be accompanied
by a title report and be free of all liens and encumbrances. Dedications
required by this section shall be made before the issuance of a building
permit.
C.
Public
Improvements Required. Applicants who propose a project pursuant to
this chapter shall cause to construct all necessary public improvements
in compliance with city specifications upon the property and along
all street frontages adjoining the property, unless adequate public
improvements already exist. In each instance, the director of public
works shall determine whether or not the necessary improvements exist
and are adequate.
D.
Construction
of Public Improvements. If the director of public works determines
that public improvements are required, these public improvements shall
be designed to city standards and their construction guaranteed by
an improvement agreement secured by a bond or cash deposit before
issuance of a building permit. If the building permit is not exercised,
the improvement obligation shall terminate and the security shall
be returned. The director of public works is authorized to execute
agreements on behalf of the city.
(Ord. 18-09 § 10)
A.
Except as otherwise stated herein, the objective standards and regulations applicable to multifamily projects in the high density residential zoning district, as outlined in Chapter 17.06, shall apply to all projects developed pursuant to this chapter. If the project is located within a specific plan or planned development overlay area, the project shall comply with all objective standards contained in the applicable specific plan or planned development overlay, including, but not limited to, design requirements, fees, landscaping, and mitigation monitoring programs; however, where the applicable specific plan or planned development overlay standards conflict with the high density residential zoning district standards with respect to density and height, the high density residential zoning district standards shall apply. Notwithstanding the foregoing, housing projects and mixed-use projects developed pursuant to this chapter on sites that are located in the Uptown Temecula specific plan area shall comply with the objective standards and regulations provided in the Uptown Temecula specific plan, except that the specific requirements of this section regarding minimum density and affordable units shall apply.
B.
Projects
developed pursuant to this chapter may consist of entirely residential
uses, or may be structured as mixed-use projects with commercial and
residential uses if the underlying zoning is Uptown Temecula specific
plan and allows for mixed-use projects. Mixed-use projects shall be
allowed only if residential uses occupy at least fifty percent of
the total floor area of the mixed-use project.
C.
Projects developed pursuant to this chapter shall be considered a high density residential use for the purposes of determining maximum noise levels under Table N-1 in Section 9.20.040 of this code.
D.
At
least twenty percent of the residential units of each building developed
pursuant to this chapter shall be reserved for households earning
no greater than eighty percent of area median income adjusted for
family size appropriate to the unit. The units shall be sold or rented
at an affordable housing cost or affordable rent, as those terms are
defined in Sections 50052.5 and 50053 of the California Health and
Safety Code. If the units are rental units, the affordable units shall
be deed-restricted for a period of not less than fifty-five years.
If the units are for-sale units, the units shall be sold in accordance
with California Government Code Section 65915.
For any project that is developed pursuant to this chapter,
the affordable units must be constructed concurrently with or prior
to the construction of any market rate units. In addition, the affordable
units must be integrated with the market rate units so that there
is a mix of affordable and market rate units, if any, in each building
of the development project.
E.
Any
project developed pursuant to this chapter shall provide a residential
density of no less than twenty dwelling units per acre, with a maximum
density of thirty units per acre.
F.
An
applicant for a project pursuant to this chapter may apply for a density
bonus in accordance with Government Code Section 65915. For the purposes
of any density bonus granted, the maximum allowable residential density
for a project applying for by-right approval in the affordable housing
overlay shall be thirty dwelling units per acre.
(Ord. 18-09 § 10; ord. 20-06 § 5)
A.
A legally
binding agreement, in a form approved by the city attorney, shall
be executed and recorded against the property to ensure that the property
complies with all of the requirements of this chapter, including,
but not limited to, the requirement that affordable units shall be
deed-restricted for a period of not less than fifty-five years.
B.
The
property owner shall record the regulatory agreement prior to recording
any final map for the underlying property, or prior to the issuance
of any building permit for the project, whichever comes first. The
regulatory agreement shall be binding on all future owners and successors
of interests of the project.
C.
The
city manager is authorized to execute the regulatory agreement, and
any related document(s), on behalf of the city council for projects
approved pursuant to this chapter.
(Ord. 18-09 § 10)
This affordable housing overlay applies to those properties
shown on the city of Temecula Affordable Housing Overlay Map in Exhibit
"A," as it may be amended from time to time.
|
Exhibit A
 |
(Ord. 18-09 § 10)
