CITY OF MENIFEE
SUBJECT: Development Code Amendment and Ordinance Introduction MEETING DATE: January 17, 2024
TO: Mayor and City Council
PREPARED BY: Doug Darnell, Principal Planner
REVIEWED BY: Cheryl Kitzerow, Community Development Director APPROVED BY: Rebekah Kramer, Acting City Manager
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RECOMMENDED ACTION
1.Find Code Amendment No. LR23-0012 exempt from further environmental review under the California Environmental Quality Act (“CEQA”) and direct staff to file a Notice of Exemption; and
2.Introduce an ordinance approving Code Amendment No. LR23-0012, amending housing related provisions of the Development Code (Title 9 of the Menifee Municipal Code) as required to comply with State law and to implement the City’s 6th Cycle, 2021-2029 Housing Element.
DISCUSSION
Planning Commission Hearing – November 8, 2023
At the November 8, 2023, Planning Commission meeting, the Planning Commission voted 4-0-1 (Commissioner Thomas absent) to adopt Resolution No. PC23-610, recommending that the City Council find Development Code Amendment No. LR23-0012 exempt from further environmental review and approve the proposed Development Code Amendment No. LR23-0012.
Project Description
This proposed City-initiated Development Code Amendment (“LR23-0012”) is intended to update various chapters and sections within Title 9 of the Menifee Municipal Code (“Code”) to be in compliance with the latest State housing laws and to implement several program actions of the City’s Housing Element, which was adopted in November 2022. As required by State law, the proposed amendment consists of provisions to support greater housing opportunity to address the State housing crisis and implement the City’s adopted Housing Element policies and program actions. The amendments address affordable housing, density bonus provisions, accessory dwelling units, supportive and transitional housing, emergency shelters, low barrier navigation centers, housing in commercial zones, and streamlining approvals for such uses as necessary to comply with State law.
City of Menifee Staff Report
Development Code Amendment
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The following chapters and sections within the Code proposed to be added, removed, or amended include:
•Section (Sec.)/Table 9.30.090-1 Designated Authority for Permits and Approvals Table (amended)
•Chapter (Ch.) 9.35 Accessory Dwelling Unit Permit (removed chapter) •Ch. 9.85 Reasonable Accommodation (amended)
•Ch. 9.125 Agricultural and Rural Residential Zones (amended) •Ch. 9.130 Residential Zones (amended)
•Ch. 9.135 Commercial and Industrial Zones (amended)
•Ch. 9.140 Economic Development Corridor Zones (amended) •Ch. 9.180 Density Bonus, Incentives, and Concessions (amended) •Ch. 9.215 Parking and Loading Standards
•Ch. 9.295 Special Housing Types:
•Sec. 9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units (amended)
•Sec. 9.295.025 Emergency Shelter (new section)
•Sec. 9.295.035 Low Barrier Navigation Center (new section) •Sec. 9.295.037 Multifamily Housing in Commercial Zones – AB2011 and SB6 (new section)
•Ch. 9.296 SB9 Urban Lot Split and Two-Unit Development (new chapter) •Ch. 9.300 Universal Definitions (amended)
•Sec. 9.305.030 Density Bonus and Related Terms Defined The proposed Code Amendment supports the State’s housing goals to facilitate and remove barriers to housing, particularly affordable housing, and has been prepared to comply with State housing laws and to implement the City’s adopted 6th Cycle, 2021-2029 Housing Element.
Proposed Amendments
Table 9.30.090-1: Designated Authority for Permits and Approvals This table within the Development Code provides a listing of various planning permit applications, indicates the level of review (ministerial or discretionary) and who has approval authority. Three new permit types are added (“Urban Lot Splits” and “Two-Unit Developments”) to comply with and implement Senate Bill (“SB”) 9 and Assembly Bill (“AB”) 2011 (Multifamily Ministerial Application).
SB 9 requires jurisdictions to allow for urban lot splits and two-unit developments on single-family residential zoned property that meet certain criteria. AB 2011 requires a ministerial review process for affordable multifamily residential projects in commercial zones, that meet specific criteria. The details of proposed SB 9 and AB 2011 amendments will be discussed later in this report. In addition, the proposal includes elimination of Chapter 9.35, “Accessory Dwelling Unit (“ADU”) Permit” requirements, which is reflected in the table below (only permit applications proposed to be added or removed are shown).
City of Menifee Staff Report
Development Code Amendment
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The elimination of the ADU permit requirements serves to streamline the approval process by only requiring a ministerial building plan submittal and review. This is the same process currently required for a new single-family dwelling, single-family additions, and other accessory structures.
Chapter 9.85 Reasonable Accommodation
The Reasonable Accommodation provisions of the Development Code provide a procedure for individuals with disabilities to make requests for reasonable accommodation in land use, zoning and building regulations. As required by the State Department of Housing and Community Development in their review of the City’s Housing Element program actions “Finding E” of these provisions is amended as follows:
The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of the public, including an “Attractive Nuisance,” “Fire Hazard,” or “Public Nuisance” as defined by Section 11.20.010 Definitions of the Menifee Municipal Code other individuals or substantial physical damage to the property of others.
This amendment implements Housing Element Program Action 24 to support objectivity and a direct relationship to health and safety to provide more approval certainty for persons with disabilities.
Table 9.125.030-1 Agricultural and Rural Residential Zones – Allowed Uses and Approval Changes are proposed to this Table to add Farmworker Housing, Employee Housing, and Junior Accessory Dwelling Unit (“JADU”) as allowed housing uses in compliance with State law. In addition, the Table is amended to allow Supportive and Transitional Housing uses permitted by right instead of Conditional Use Permit (“CUP”) as required by State law. These amendments implement Housing Element Program Actions 6, 23 and 26.
City of Menifee Staff Report
Development Code Amendment
January 17, 2024
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Table 9.130.030-1 Residential Zones – Allowed Uses and Approval Requirements Changes are proposed to this Table to add JADU and Low Barrier Navigation Center as allowed uses in compliance with State law. In addition, the Table is amended to allow Supportive and Transitional Housing uses permitted by right instead of CUP as required by State law. These amendments implement Housing Element Program Actions 6, and 23.
Chapter 9.135 Commercial and Industrial Zones
This Chapter, specifically the Allowed Uses Table, is amended to comply with latest State laws with the addition of a reference to new provisions for Emergency Shelters in Chapter 9.295 Special Housing Types and the addition of a new use for “Multifamily Dwellings per AB 2011 and SB 6.” Multifamily residential that meet specific criteria must be allowed in commercial zones where office, retail and parking are principally permitted uses per recent State legislation AB 2011 and SB 6. New provisions to comply with AB 2011 and SB 6 are discussed further below under “Special Housing Types.”
Chapter 9.140 Economic Development Corridor Zones
This Chapter is amended to implement Housing Element Program Action 22, and comply with State laws, SB 2, SB 6, and AB 2011. The amendments include:
•Adding a reference to new provisions for Emergency Shelters and Low Barrier Navigation Center for these uses in Chapter 9.295 Special Housing Types. •Supportive & Transitional Housing Uses added to Allowed Uses Table as conditionally permitted uses.
•AB 2011 and SB 6 qualified multifamily added to the Allowed Uses Table. New provisions to comply with AB 2011 and SB 6 are discussed further below under “Special Housing Types.”
•Clarified Special Requirements for residential uses in EDC Zones to be vertically integrated with non-residential uses and not within 1,000 feet of a freeway right of way (i.e., the I-215) consistent with the General Plan.
Chapter 9.180 Density Bonus
The Density Bonus provisions of the Development Code are required per California’s Density Bonus Law. Per the law, local jurisdictions must provide increases in housing density above the allowed General Plan density along with other incentives for projects offering to build or donate land for affordable or senior units. To comply with changes in the State density bonus law in recent years, including AB 2334, AB 1551 and AB 682, amendments are proposed to the density bonus provisions. The proposed density bonus amendments also implement Housing Element Program Action 34 and in general address the following:
•Added two new sections including “Density Bonus for Shared Housing Building” and “Density Bonus for Commercial Development Partnering with an Affordable Housing Developer.”
•Amended Table 9.180.060-1 Density Bonus Allowance for Affordable Housing Component per latest State law, to reflect bonus allowance percentage based on percentage of affordable units for Very Low-, Low-, and Moderate-Income units proposed. •Amends and clarifies parking, procedural requirements and other provisions to comply with current State law.
City of Menifee Staff Report
Development Code Amendment
January 17, 2024
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Table 9.215 Parking Requirements
This is an amendment to the Parking Table to clarify current parking requirements for various housing types by adding a reference to additional requirements and to clarify that for single-family residences and duplexes, the required two spaces per dwelling unit shall be enclosed within a two-car garage, 20 feet by 20 feet minimum.
Chapter 9.295 Special Housing Types - ADUs
This amendment to the City’s ADU provisions implements Housing Element Program Action 6, and most recent State ADU legislation, AB 2221, and SB 897. Key changes proposed include:
•An ADU planning application would no longer be required to streamline the approval process. A ministerial building plan review would be the new process, consistent with the submittal requirements for a single-family dwelling or an addition to a single-family dwelling.
•Added provisions for JADUs.
•Added provisions for ADUs with multifamily development. •Added height requirements for ADUs (18 feet or 20 feet for detached ADUs and 25 feet for attached ADUs)
•Amended and clarified setback requirements. State law requires that front yard setbacks may be reduced to the extent to accommodate an 800 square-foot ADU. •Increase maximum size for detached ADUs from 1,200 square feet to 1,500 square feet.
State law provides that jurisdictions may have a maximum requirement of 1,200 square feet but no less. This proposed change is not a State requirement and is proposed to allow for larger ADU size that would be inclusive of many requests for single-wide manufactured homes greater than 1,400 square feet in size where larger lot sizes can accommodate them.
•Prohibits denial of an ADU due to non-conforming structures or code violations that do not present a threat to public health & safety.
•Includes requirements for City to provide full set of comments on why an application is denied and what can be done to fix an application to obtain approval per State law (60- day review required).
Chapter 9.295 Special Housing Types
The Special Housing Types Chapter of the Code is amended to add new sections including:
•Section 9.295.037 Multifamily Housing in Commercial Zones – AB 2011 and SB 6. This new Section is added to the Code and is required to comply with AB 2011 and SB 6, which became effective on July 1, 2023. Multifamily residential that meet specific criteria must be allowed in commercial zones where office, retail and parking are principally permitted uses. AB 2011 and SB 6 both allow multifamily residential in commercial zones, with different standards as follows:
oAB 2011 qualified projects are allowed in zones that allow office, retail, or parking as a principally permitted use. AB 2011 projects may be either mixed income or 100 percent affordable housing projects with the criteria being different for each.
The main difference is that mixed income projects have a set of prescriptive requirements that do not apply to 100 percent affordable projects, including:
▪Site size requirement of 20 acres or less.
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▪Minimum density ranges from 30-80 dwelling units per acre depending on site size, width of the adjacent street, proximity to transit and whether the site is in a metropolitan or non-metropolitan jurisdiction. ▪Height requirements.
▪Must have at least 50 feet of street frontage along a public street with a 70- foot to 150-foot right-of-way.
A streamlined ministerial review process is included for AB 2011 qualified projects which specifies review timelines per AB 2011. For projects with 150 units or less, applicants must be informed of inconsistencies with all qualifying criteria within 60 days, and projects must be processed and reviewed for all applicable AB 2011 and local objective standards within 90 days.
oSB 6 qualified projects are allowed on sites of 20 acres or less in zones that allow office, retail, or parking as a principally permitted use. The project must meet or exceed the default density under housing element law (i.e., 30 dwelling units per acre for Riverside County). As such, the standards of the closest zone that allows housing element default density would apply (i.e., HDR zone which is the closest zone to meeting the default density). The project must comply with all other objective standards for the parcel and be subject to impact fees as required. SB 6 qualified projects would require an application for Major Plot Plan review, discretionary review and Planning Commission hearing the same as for any new development in a commercial zone. The table below summarizes the different criteria for AB 2011 and SB 6.
AB 2011 Projects SB 6 Projects
Location Urbanized area or urban cluster Urbanized area or urban cluster Zoning &
Adjoining Uses
Commercial zones (office, retail,
parking); not on/adjacent to sites with
more than 1/3 industrial use & not in
proximity to a freeway or oil/gas
refinery
Commercial zones (office, retail,
parking); not on/adjacent to sites with
more than 1/3 industrial use
Project Type
Multifamily residential or mixed-use
with at least 2/3 residential or
transitional or supportive housing
Multifamily residential or mixed use with
minimum 50% residential
Labor
Requirements Prevailing wage required Prevailing wage required; “Skilled and trained workforce” required
Exempting
Parcels
May exempt parcels with written
findings and by designating “substitute”
parcels
May exempt parcels with written findings
and concurrently reallocate residential
density
Density Bonus Applies Applies
Affordable
Housing
Required (100% affordable or mixed
income projects) Not required
CEQA Exempt Not exempt*
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Approval
Process Streamlined, ministerial process No new process (Major Plot Plan) * *Unless applicant invokes SB 35 – Requiring certain affordable housing developments be approved through a ministerial process.
•Section 9.295.025 Emergency Shelter. This new Section is added to implement Housing Element Program Action 21 and comply with AB 2162 and AB 2339. The Emergency Shelter provisions include development standards on number of occupants (1 person per 125 square feet of floor area), parking, interior onsite waiting, client intake area, lighting, management, and security.
•Section 9.295.035 Low Barrier Navigation Centers. This new Section implements Housing Element Program Action 23 and includes the same development standards as Section
9.295.027 for Emergency Shelters, plus additional requirements related to services plan, coordinated entry system, and by right review as required by State law.
New Chapter 9.296 SB 9 Urban Lot Split and Two Unit Development A new Chapter (Chapter 9.296) is added to the Development Code that includes provisions for Urban Lot Splits and Two Unit Developments on single-family residential zoned properties. Per SB 9, which was signed into law in September 2021, cities must allow an existing single-family residential lot to be subdivided into a maximum of two lots and must permit the creation of housing development with no more than two residential units on lots within the single-family residential zone, including on lots subdivided pursuant to SB 9. SB 9 may result in the total development of up to two units per lot, on two separate lots, on what was formerly a single unit on a single-family residential lot. The law prohibits discretionary review or public hearings to review SB 9 development. The proposed SB 9 provisions were developed based on review of a variety of other city ordinances and the Western Riverside Council of Government’s (WRCOG) Model Ordinance prepared for use by Western Riverside County jurisdictions.
SB 9 Development Options: lot split
These new provisions include sections covering purpose, applicability, approving authority and general requirements related to compliance with Subdivision Map Act requirements, location and
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zoning, owner occupancy requirements and deed restriction requirements, such as restricting rental of any dwelling on the property for less than 30 days. Specific standards for Urban Lot Splits and specific standards for Two-Unit Developments as follows:
•Urban Lot Splits – Urban Lot Splits may only be allowed in single-family zones and to be eligible for an urban lot split a property shall not be any of the following:
o Prime farmland of statewide importance.
o A wetland.
o Within a very high fire hazard severity zone.
o A hazardous waste site.
o Within a delineated earthquake fault zone.
o Within a 100-year flood hazard area.
o Protected habitat or land ID for conservation in a habitat conservation plan. o Designated historic property or property in a historic district.
Urban lot splits must comply with the Subdivision Map Act and are subject to standards for parcel size, access, dedication, easements, utilities, etc. As required under SB 9, the amendment provides that each resulting parcel shall be of approximately equal size and shall not be smaller than 40 percent of the lot area of the original parcel to be subdivided, or smaller than 1,200 square feet. A minimum 24-foot-wide street frontage/access to a street must be provided and lots must have separate utility connections and be required to connect to sewer. •Two Unit Development Standards:
oAllows two units on an existing legal lot or a proposed urban lot split. oRestricts each unit to a minimum 500 square feet and maximum 800 square feet in area. Setbacks and lot coverage of underlying zone apply to extent that two 800 square-foot units can be accommodated.
oIncludes parking requirement of one parking space for each dwelling unit, unless the primary dwelling was established on the lot prior to the two-unit development. oIncludes architectural standards for compatibility with an existing primary dwelling. oRequires separate utilities for each unit and requires connection to sewer. oFire-Hazard Mitigation Requirements are included.
oProhibits two units on a lot from being sold separately (no separate conveyance).
Chapter 9.300 Universal Definitions
Chapter 9.300 Universal Definitions is amended to add definitions for several terms that are added with updates throughout the Development Code including definitions for “Car-Share Vehicle,” “Employee Housing,” “Family,” “Farmworker,” “Farmworker Housing,” “Household,” “Individual Property Owner,” “Junior Accessory Dwelling Unit,” “Single Housekeeping Unit,” “Specific Adverse Impact,” Supportive Housing-Low Barrier Navigation Center,” “Supportive Services,” “Two Unit Development,” and “Urban Lot Split.” Each of the added definitions are per definitions in State law as applicable to provisions that have been added for compliance with State law.
Finally, the definition of “Density” is also revised for clarity and consistency with the General Plan.
Section 9.305.030 Density Bonus Definitions
Since new terms are added with the updates to the Density Bonus provisions, definitions for these terms are added to this section, including: “Concession or Incentive,” “Located within one-half mile of a major transit stop,” “Lower Income Student,” “Major Transit Stop,” “Shared Housing City of Menifee Staff Report
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Building,” and “Shared Housing Unit.” In addition, some definitions have been revised, including “Density Bonus,” “Housing Development,” “Maximum Allowable Residential Density,” “Total Units,” and “Total Dwelling Units.” New and revised definitions reflect definitions provided in State law as applicable to the Density Bonus provisions. They also implement Housing Element program actions that require these new or updated definitions.
Please note that since the time of the Planning Commission hearing, minor edits were made to the proposed amendments as follows:
•Under Section 9.295.020 Accessory Dwelling Units and Junior Accessory Dwelling Units note C.7. was added to require a Minor Plot Plan Review for subdivision proposals with multiple accessory dwelling units. Proposed language is:
“Residential Subdivisions with Multiple Accessory Dwelling Units. Multiple accessory dwelling units proposed in conjunction with single-family dwellings on multiple lots as part of a residential subdivision shall be subject to the Minor Plot Plan Review provisions of Chapter 9.80.”
•Under “Chapter 9.180 Density Bonuses, Incentives, and Concessions,” “Table 9.180.130- 1 Incentive Allowances for Qualified Housing Developments” was corrected to reflect the number of incentives described in text under “Section 9.180.130” and per latest State legislation, AB1287 signed by the Governor in October 2023.
Environmental Review
Staff has reviewed the proposed Development Code Amendment in accordance with the CEQA Guidelines and has determined that the Development Code Amendment is exempt pursuant to Statutory Exemptions Section 15282.h as the proposed amendment involves “adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65851.1 and 65852.2 of the Government Code as set forth in “Section 21080.17 of the Public Resources Code” and is exempt per Section 15061 (b) (3) “Common Sense Exemption” of the CEQA Guidelines, as the proposed Code Amendment is required to comply with State law and to implement several program actions of the City’s adopted 6th Cycle, 2021-2029 Housing Element. Therefore, it can be seen with certainty there is no possibility the proposed amendments will have a significant impact on the environment.
Additionally, the proposed Development Code Amendment implements the City’s adopted 6 th Cycle, 2021-2029 Housing Element of the General Plan. On December 15, 2021, the City Council adopted Resolution No. 21-1110 adopting the Final Programmatic Environmental Impact Report (“FPEIR”) for the Housing Element Update Project (State Clearinghouse No. 2022010031) (“Project”). Based on data and analysis and findings of the FPEIR, the Project would not directly result in significant adverse environmental impacts. All potential impacts were determined to be less than significant without mitigation or can be reduced to a less than significant level with implementation of the mitigation measures identified in the FPEIR. Additionally, no cumulative significant impacts were identified in the FPEIR based on findings that the Project’s contributions to such impacts are considered not to be cumulatively considerable City of Menifee Staff Report
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Public Notice
The proposed Project was published within The Press Enterprise and was also mailed to anyone requesting a notice on January 7, 2024, for the January 17, 2024, City Council hearing.
STRATEGIC PLAN OBJECTIVE
Thriving Economy
FISCAL IMPACT
There is no additional fiscal impact associated with the recommended action.
ATTACHMENTS
1. Ordinance
2. Exhibit A - Proposed Development Code Amendment
3. List of Amendments to Implement Housing Element Program Actions
4. Notice of Public Hearing