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2022-338 Approving Code Amendment LR21-0287, Amending Development Code (Title 9 of the Menifee Municipal Code) to comply with State Law (Senate Bill 35)oRDTNANCE NO.2022-338 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA APPROVING CODE AMENDMENT 1R21.0287, AMENDING THE DEVELOPMENT CODE (T|TLE 9 OF THE MENTFEE MUNtCtPAL CODE) TO coMPLY WITH STATE LAW (SENATE B|LL 35) BY ESTABLTSHTNG A MULTT- FAMILY MINISTERIAL REVIEW APPLICATION PROCEDURE AND REQUIREMENTS FOR MULTI-FAMILY MINISTERIAL REVIEW WHEREAS, the proposed Code Amendment and Multi-Family Objective Design Standards (ODS) are a City-initiated effort to develop objective design standards to comply with and implement Senate Bill (SB) 35, which was signed into law by the Governor in September of 2017: and WHEREAS, SB 35 requires crties and countres to streamline review and approval of eligible affordable housing projects through a ministerial process and may only apply objective standards to such p@ects, exempting such projects from environmental review under the California Environmental Quality Act ("CEQA"); and WHEREAS, a streamlined ministerial process shall be avarlable for multiJamily developments that include units affordable to households; and WHEREAS, based on the state's most recent "SB 35 Statewide Determination Summary", the City of Menifee must provide the streamlined ministerial process to projects with 10 percent or more of the total number of units of the project affordable to households making at or below 80% of the Average Median lncome level (AMl); and WHEREAS, to qualify for a streamlined ministerial review, a project site must be an infill site meeting the "infill" requirements of SB 35 and be zoned for residential or mixed-use development; and WHEREAS, applicants must also demonstrate that a project site is not within Prime Farmland, or farmland of statewide importance, wetlands, a very high fire hazard zone, an earthquake fault zone, special flood hazard area, protected habitat area, or a conservation easement; and WHEREAS, the preparation of the ODS by the City's consultant (PlaceWorks) is funded by the Department of Housing and Community Development (HCD) SB2 Planning Grant Program; and WHEREAS, the proposed ODS would apply to proposals for new multifamily development within the City of Menifee, except those areas located within the boundary of a Specific Plan; and WHEREAS; the ODS includes objective design standards that supplement the minimum Zoning Code requirements for multi-family residential development, and which include six architectural styles which speak to the heritage of the Southern California region, as well as aspirations for the future built environment of Menifee; and WHEREAS, for each architectural style, specific required architectural elements listed under categories of form and massing, roof design, window design, materials and color, and decorative accents and details, and WHEREAS; this proposal also includes an amendment to the Development Code (Title I of the Menifee Municipal Code) to establish a new SB 35 Multi-family Ministerial Review Permit process for qualified prolects under SB 35; and WHEREAS; the proposed Code Amendment adds a new chapter (Chapter 9.87 - SB 35 Multi-Family Ministerial Review), and amends existing Code Chapters 9.160 - General Development Standards, and Chapter 9.30, Table 9.30.090-'1: Designated Authority for Permits and Approvals to establish procedural requirements for SB35 applications; and WHEREAS; the proposed Code Amendment incorporates the ODS by reference into the Development Code; and WHEREAS, on April '15, 2021 , a dtafl ODS framework and architectural styles were presented to the City's Developer Stakeholder Group, from which the group provided input and participated in an on-line polling tool indicating their preferences on architectural styles to be included in the ODS; and WHEREAS, on September 22, 2021, the Planning Commission conducted a workshop discussion of the Draft ODS and provided their input to City staffi and WHEREAS, Code Amendment No. LR2'1-0287 and ODS were publicly noticed for a Planning Commission public hearing to be held on January 26,2022, provided by a publication in Ihe Press Enterpise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice, and WHEREAS, on January 26,2022, the City of Menifee Planning Commission, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the Planning Commission on February 9,2022, and WHEREAS, on February 9,2022, the City of Menifee Planning Commission, held the continued public hearing on Code Amendment No. LR21-0287 and ODS, which hearing was not required to be re-noticed, because the project was continued at the January 26,2022 hearing to a date certain (i.e., February 9,2022), considered all public testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and WHEREAS, on February 9, 2022, the City of Menifee Planning Commission, unanimously adopted Resolution No. PC 22-556 recommending that the City Council approve Code Amendment No. LR21-0287 and ODS; and WHEREAS, Code Amendment No. LR21-0287 and ODS were publicly noticed for a City Council public hearing to be held on March 2, 2022, ptovtded by a publication in lhe Press Enteryrise (a newspaper of general circulation), an agenda posting, and to persons requesting public notice; and WHEREAS, on March 2,2022, the City of Menifee City Council, continued Code Amendment No. LR21-0287 and ODS to the next regularly scheduled meeting of the City Council on March 16,2022, and WHEREAS, on March 16, 2022, the City of Menifee City Council, held the continued public hearing on Code Amendment No. LR21-0287 and ODS, which hearing was not required to be re- noticed, because the project was continued at the March 2,2022 heating, to a date certain (i.e., March 16, 2022), considered all publac testimony as well as all materials in the staff report and accompanying documents for Code Amendment No. LR21-0287 and ODS; and NOW, THEREFORE, the City Council of the City of Menifee hereby ordains as follows: Section 1. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan. Section 2. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribe reasonable controls and standards fo ensure compatibility with other esfab/ished uses. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards prescribes reasonable controls and standards to ensure compatibility with other established uses, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified pro.lects to implement and comply with state law (i.e., SB 35) and the ObJective Design Standards supplement the minimum Zoning Code requirements for multi-family resrdential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Elementof the General Plan. Theydo not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential prolects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review. Section 3. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable propefty development rights while protecting environmentally sensitive land uses and species. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards provide reasonable property development rights while protecting environmentally sensitive land uses and species, as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualifled projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Oblective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development The proposed Development Code Amendment and associated Multi-Family Objective Design Standards are consistent with the intent of the goals and policies of the General Plan because the Development Code Amendment establishes procedures to establish a new SB 35 Multifamily Ministerial Review Permit process for qualified projects under SB 35 and facilitates compliance with SB 35. The Development Code Amendment incorporates by reference, the proposed Multi- Family Residential Objective Design Standards, which are derived from and reflect design policies of the Community Design Element of the General Plan. Section 4. The proposed Development Code Amendment and associated Multi-Family Objective Deslgn Sfandards ensure the protection of the general health, safety, and welfare of the community. The proposed Development Code Amendment and associated /'lulti-Family Objective Design Standards ensure the protection ofthe general health safety and welfare ofthe community as the amendment establishes a new SB 35 Multifamily Ministerial Review Permit process for qualified projects to implement and comply with state law (i.e., SB 35) and the Objective Design Standards supplement the minimum Zoning Code requirements for multi-family residential development. The Objective Design Standards serve as a baseline index of quality for development establishing design standards that are related to site design, architecture, architectural styles, and landscaping. The standards are derived from and reflect design policies of the Community Design Element of the General Plan. They do not affect or change any existing zoning, use, density/intensity, or height requirements of the Development Code, and only apply to multi-family residential projects with affordable housing units located on infill sites that meet the minrmum criteria to qualify for the streamlined ministerial review. Section 5: Compliance with CEQA. The proposed Development Code Amendment and assoc,aled Multi-Family Residential Objective Design Standards arc in compliance with the rcquirements of the California Environmental Quality Act. The proposed Development Code Amendment and associated Multi-Family Objective Design Standards comply with the requirements of the California Environmental Quality Act (CEOA), because the project is exempt from CEQA per Section 15061 .b.3 "Common Sense Exemption" as the proposed Code Amendment and Objective Destgn Standards will establish review procedures and standards that are proposed to implement and facilitate compliance with state law, (i.e., SB 35), where the new Objective Design Standards are in addition to existing standards of the City of Menifee Development Code, are related to site design, architecture, architectural styles, and landscaping and do not affect or change any existing zoning, use, density/intensity or height requirements of the Development Code in a way that would cause potentral environmental impacts, and therefore, is exempt from CEQA under the Common Sense Exemption as it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment. Section 6. That the City Council finds the facts presented within the public record and within this City Council Ordinance provide the basis to approve Code Amendment No. LR21- 0281, as shown in the proposed Code Amendment attached as Exhibit "A" to this Ordinance, and that the City Council approve Code Amendment No. LR21-0281. Section 7, Severabilitv. lf any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. Code, and only apply to multijamily residential projects with affordable housing units located on infill sites that meet the minimum criteria to qualify for the streamlined ministerial review. Section 8. Effective Date And Postinq. This ordinance shall take effect 30 days from the date of its adoption. The City Clerk shall certify to the passage of this ordinance and cause the same to be posted as required by law. This Ordinance was introduced for flrst reading on March 16, 2022, and PASSED, APPROVED, AND ADOPTED this 6th day of Aprll,2022. Bill Zimmerman, I\ilayor Approved as to form: Jeffrey T. Melching, City Attorney Attest: te Roseen,City Clerk Contents: 9.87.010 Purpose 9.87.020 ApplicabiliW 9.87.030 Aoolication and Required Fees 9.87.040 Approvins Authoriw 9. 87.050 Public Hearing and Notice 9. 87.050 Stan rds of Aporoval 9. 87.070 Fin for Approval 9.87.080 of Decision 9.87.090 Date 9. 87.100 Appeals 9. 87.110 Expiration 9.87.120 nsion of Time . 9. 87.130 Modifications 9.87.010 Purpose This chaoter establishes orocedures for the review and aooroval of a Senate Bill 35 (5835) Multi Familv M in iste riaI Review Permit for multi-familv residential oroiects that Drovide minimum number of lowera income housing units toward meetins the Citv's housing qoals and housing needs of the communitv and which oua I for a streamlined ministerial review under S835. in comolian with Government Code Section 65913.4 B C The units can be offered for rental or for-sale At least two thirds of the square footase of the development shall be desianated for residential use Proposed Code Amendment No. LR21-0287 Add new Chapter 9.87- SB35 Multi-Family Ministerial Review Chapter 9.87 - SB35 Multi-Familv Ministerial Review 9.87.020 Applicabilitv An SB35 Multi-Familv Ministerial Review Permit aoplies to multi-familv residential development on infill sites that provide a required number of units affordable to lower income households (i.e., households with incomes below 80% of the area median income {AMl)). To qualifv. the proiect must meet the followine criteria: A. The development must be multifamilv housins as defined in Section 102(0)ofthe Deoartment of Housins and Communitv DeveloDment's {HCD) 5835 Streamlined Ministerial Aooroval Process Guidelines. D. The develoDment must be consistent with the Citv's adopted Obiective Design Standards in effect at the time of submittal and incorporated herein bv reference. F. A minimum of TOyo ot 50% {oercentaee based on HCD'S most current SB35 Statewide Determination Summarv for the Citv of Menifee). of the total unitS n the develoom ent calculated Drior to anv de nsit rncreaSe mUst be affordable to lower income households (80% Area Median lncome or lower) in accordanc with Section 402, Affordabilitv Provisions of HCD's 5835 Streamlined Ministerial Aoproval Process Guidelines S.87.030 Applicat A. Notice of lntent to Subm ir Before m rtt rn an a oolication for a strea mlinedUhe min isteria I a ooroval rocess. the develooment orooonent shall submit a notice of its intent to submit an aoolication to the Citv of Menifee Communitv Development Department. The notice of intent shall be in theformofap reliminarV application that includes all of the inf rmation described the Citv's S835 Elisibility Checklist and Notice qf lntent to Submit Preliminary Application Form. E. The site of the development must complv with all of the requirements of Section 401, Site Requirements of HCD's SB35 Streamlined Ministerial Approval Process Guidelines. G. The develooment must comolv with allof the labor orovisions of Section 403. Labor Provisions of the SB35 Guidelines. Nothing in this Chapter 9.87 shall be deemed to suDersede anv provisions of Government Code Section 65913.4. anv SB 35 Guidelines established bv HCD, or anv other aoplicate State law orovisions as thev mav be a mended. B. AB 158 Tribal Consultation. Within 30 davs of receiving a notice of intent to submit an aoolication, the Citv will orovide formal notice to each California Native American Tribe that is traditionallv and culturallv affiliated with the qeoqraohic area of the proposed development and engage in a scooinp consultation regarding ootential effects the prooosed development could have on a potential tribal cultural resource. A orooosed proiect would be inelisible for the streamlined, ministerial approval process. and subiect to the California Environmental Qualitv Act (CEQA) if : 1. the site of the orooosed develooment is a tribal cultural resource that is on a national, state, tribal, or local historic reqister list; 2. the Citv and the California Native American tribe do not agree that no ootential tribal cultural resource would be affected bv the proposed development; or 3. the Citv and California Native American tribe find that a ootential tribal cultural resource could be affected bv the proposed develooment and the Darties do not document an enforceable agreement regardinp the 9.87.060 Standards of A roval 9.87.070 Findin methods, measures, and conditions for treatment of those tribal cultural resou rces, as provided. C. Application Filins and Processing. Apolications for an SB35 Multi-Familv Ministerial Review Permit shall be filed and orocessed in accordance with Chaoter 9.30 (Common Aoplication Processins Procedures). D. Application Fees. Application fees shall be collected in accordance with Section 9.30.020 (Applications and Fees). 9.87.040 Approvins Authoritv Applications for an 5835 Multi-Familv Ministerial Review shall be reviewed and aooroved bV the desisnated aporovinA authority as soecified in Table 9.30,090 1 (Desienated Authoritv for Permits and Approvals). The designated aporoving authoriW is authorized to aporove. alter, or denv an apolication for an SB-35 Multi-Familv Ministerial Review Permit. 9.87.050 Public Hearing and Notice No oublic hearins is required Drior to action on an application for an 5835 Multi-Familv Ministerial Review Perm it. An application for an SB35 Multi-Familv Ministerial Review shall be considered and aoproved ministeriallv, without discretionarv review or a hearing. The aoorovins authoritv shall determine consistencv or inconsistencv with the Citv's adoDted Obiective Desipn Standards and act on the aoplication within the following timeframes from the date the Citv receives a comoleted application: A. Within 60 calendar davs of submittal of the aoplication if the develooment contains 150 or fewer housins units. B. Within 90calendardavs of submittal ofthe application if the development contains more than 150 housins units. C. Documentation of inco nsiste ncv{ies ) with obiective standards must be provided to the develooment oroponent within the timeframes indicated above as applicable. lf such documentation is not orovided within these timeframes. the develooment shall be deemed to satisfv the obiective planninq standards for ourposes of the Streamlined Approval Process. Prior to approving an apolication for an SB35 Multi-Familv Ministerial Review, the aoorovinq authoritv shall make all the followins findinss: A. The Droiect is consistent with the adopted General Plan. An SB35 Multi-Familv Ministerial Review Permit is not sub iect to aopealsince it is ministerial 9.87.110 Expiration B. lf the oroiect does not include oublic investment in housi affordabil inclu d i local stateNPitv I ne or federal eovernment assistance bevond tax credits and at least 50 percent of the units are not affordable to households makins at or below 80 percent of the AMl, that aooroval shall remain valid for three vea rs from the date of the final action establishins that aooroval. or if litisation is filed challensins that aooroval. from the date of the final iudament uphold ins that approval. Aporoval s[all remain valid for a proiect provided that vertical construction of the n rs rn ss. "ln ress" means one of the followin B. The oroiect meets all applicable standards of the Development Code and adooted Obiective Desiqn Standards incoroorated bv reference. 9.87.080 Notice of Decision Written notice of decision shall be Drovided within three businessdavsof the date of decision to the applicant and interested parties havinq requested such notices in writinR. The Notice of Decision shall include: A. The application request as acted upon bv the Director. B. The action taken bv the Director. C. Findings as listed for the permit. 9.87.090 Effective Date An SB35 Multi-Familv Ministerial Review Permit shall become effective on the date an approval is issued bv the approvinq authoritv. 9.87.100 Appeals As established in Section 301(d) of the Deoartment of Housinq and Communitv Development's (HCD) 5835 Streamlined Ministerial AoDroval Process Guidelines (SB35 Guidelines). exoiration timeframes for an approved 5835 Multi-Familv Residential Permit are as follows: A. lf the proiect includes oublic investment in housing affordabilitv. bevond tax credits. where 50 percent of the units are affordable to households makinq at or below 80 percent of the AMl. then that aooroval shall not expire. 1. The construction has begun and has not ceased for more than 180 davs. 2. lf the develooment reouires multiole buildine permits. an initial ohase has been completed. and the proiect proponent has aoolied for and is dilieentlv Dursuins a buildins permit for a subsequent Dhase, orovided that once it has been issued, the buildinq permit for the subsequent phase does not lapse. c The develooment mav receive a one-time- one-vear extension if the Droiect orooonent can provide documentation that there has been sisnificant oroqress toward qetting the develooment construction readv, such as filinq a buildinA permit aDplication. 9, 87.120 Extension of Time An SB35 Multi-Familv Ministerial Review Permit mav be extended in accordance with Subsection 9.30.110.C (Perm it Extensions). 9. 87.130 Modifications Modifications to an aooroved SB35 Multi-Familv ResidentialPermit shall be Drocessed as a new application. Amend existing Chapters 9.160 and 9.30 as shown in red underline and strike-out Chapter 9.160 General Development Standards Contents: . 9.160.010 Purpose . 9.lo.oZtAppllcablllty . 9.160.0:t0 Setback Requirements and Exceptions . 9.160.040 Buildlnt Heltht Measurements and Exceptions o 9.160.0!0 Access . 9,160.060 lntersectlon SBht Distance 9.150.010 Purpose The purpose of this chapter is to provide general development standards in order to ensure that future development is well designed, has a desirable character, and is integrated with existing and future development. 9.160.020 Applicability The standards of this chapter apply to more than one zoning district (residential, commercial, etc.). To eliminate redundancies, these standards have been combined in this chapter. These standards shall be considered in combination with any additional standards outlined in the individualzones included in Article lll (Zones). Where there may be a conflict, the standards specific to the zoning district stacdaC shall override the general standards in this chapter. ln addition to the standards of this chapter, the City of Menifee Desisn Gu idelines and Obiective Design Standards for SB 35 qualified multi-familv residentia I proiects are incoroorated bv reference. Chapter 9.30 Common Application Processing Procedures . 9.30.010 Purpose and Applicability . 9.30.020 Applications and Fees . 9.30.030 Pre-Application Review r 9.30.040 lnitiation of Application . 9.30.050 Withdrawal of Application . 9.30.060 Determination of Completeness . 9.30.070 Application Review and Report . 9.30.080 Public Hearint and Notice . 9,30.090 Approving Authorlty . 9.30.100 Appeals . 9.30.110 Permit Time limits, Expiration, and Extensions . 9.30.120 Modifications to Previously Approved Permits . 9.30.l30Reapplications . 9.30,140 lndemnification and Hold Harmless for Permits and Approvals 9.30.090 Approving Authority A. Recommending Authority. The recommending authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall hear and make recommendations on the proposed land use or development permit or approval in accordance with the requirements of this Title. B. Approving Authority. The approving authority as designated in Table 9.30.090-1 (Designated Authority for Permits and Approvals) shall approve, conditionally approve or deny the proposed land use or development permit or approval in accordance with the requirements of this Title. Generally, the Directorand his/her designee will make non-discretionary and discretionary decisions at the administrative level, the Planning Commission will make discretionary decisions, and the City Council will make the legislative decisions. ln acting on a permit, the approving authority decision may be appealed pursuant to procedures set forth in Section 9.30.100 (Appeals). Accessorv Dwellinq Unit Permit (9.35)Ministerial Conditional Use Permit. Minor (9fP)Discretionary Table 9.:10.G,0-1: Desitnated Authority for Permiti and Approvals Designated Authorityr Type ol Action City Council Community Development Director Contents: Permit or ApprovalType (Chapter)Planning Commission Conditional Use Permit Major {918)Discretionary R (9.4s)Develooment Agreement Legislative R R Finding of Public Convenience and Necessity (a25q)Oiscretionary R General Plan Amendment (L50)Ietislative R R Home Occuoation Permit (9.55)Ministerial Home-Based Business (455 Large Famlly Daycare !el!d! (g.lEq)Ministerial Master Sisn Prosram. Minor (9.6s)M nisteria Master Sign Program, Major (X55)Discretionary R Minor Exception (azq)Discretionary Official Code lnterpretation (9:19)Discretionary A R R Planned Development (aZ5 Discretionary R Plot Plan, Minor (9.80)M nrster ia Plot Plan, Maior (9.80)Discretionary R Reasonable Accommodation {9.85)Discretionary SB35 M U Lti- EaDillLM irrr5!e!'ia l Seview Permit Ministerial A SiEn Permit (9.90)Ministerial sjllElulg Determination (495)Discretionary Specific Pla n (9.100)Legirlative R R Substantial Conformance Oetermination (aZ5)Discretionary Temoorarv Use Permit. Minor (419,Discretionary Temporary Useegllqil Major (alq5)Discretionary Variance (9.110)0iscretionary R Table 9.:Nr.09O-1: Desitnated Authority for Permits and Approvals Designated Authorityr Type of Adion Planning Commission Community Development Director Permit or Approval Type (Chapter) City Council Discretionary Planned q9!9l9pgS$ Overlay (!!l!)teSislative T Zqle Change/Zoning Code Amendment (9;LL1)Legislative R R I A = Ap provi ng Authority ; R - 8e!gAESLdJ-09_4!!b9!!!y Table 9.30.090-1: Desitnated Authority for Permits and Approvals Designated Authorityr Permit or Approval Type (Chapter) City Council TypeotActlon CommunitY Development Dlrector Planning commission E \# lllrlfl STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2022-338 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 6th day of April, 2022 by the following vote: Ayes: Deines, Karwin, Liesemeyer Sobek, ZimmermanNoes: NoneAbsent: NoneAbstain: None nie Roseen, Acting City Clerk