Murrieta City Council
October 17, 2023

The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should call the City Clerk Department at (951) 461-6031 or email at [email protected] at least 72 hours in advance. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk ’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461-6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Lori Stone
Mayor
Cindy Warren Lisa DeForest Mayor Pro Tem Council Member Jon Levell Ron Holliday Council Member Council Member Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk

MURRIETA CITY COUNCIL (CC)

MURRIETA COMMUNITY SERVICES DISTRICT (CSD)

MURRIETA FIRE DISTRICT (FD)

MURRIETA LIBRARY BOARD (LB)

MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)

MURRIETA HOUSING AUTHORITY (HA)

MURRIETA FINANCING AUTHORITY (FA)
*** The City is utilizing a new agenda management system. If you have any questions, please reach out to the City Clerk Department at (951) 461-6030 or via email at [email protected].

CITY OF MURRIETA
1 TOWN SQUARE

MURRIETA, CA
Tuesday, October 17, 2023
4:00 PM WORKSHOP
4:30 PM CLOSED SESSION
6:00 PM REGULAR MEETING
City Council Meeting Agenda October 17, 2023
6:00 PM REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

PRESENTATIONS

APPROVAL OF AGENDA

DEPARTMENT/COMMISSION ANNOUNCEMENTS

CITY MANAGER - ADMINISTRATIVE UPDATE

GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Governing Body CCB Reports is the opportunity for the City Council to provide a brief report on conferences, seminars, and Commission, Committees, and /or Boards meeting attendance.

Reports shall not exceed three minutes. The City Clerk will use the computerized timer.

Received After Agenda Printed - GBR

PUBLIC COMMENTS
At this time any person may address the governing bodies on any subject pertaining to City business, which does not relate to any item listed on the printed agenda. Normally no action may be considered or taken by the governing bodies on any matter not listed on the agenda .

Each speaker will be limited to three minutes.

CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 4
All matters listed on the Consent Calendar are to be considered routine by the governing bodies, and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the governing body votes on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.

1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

City Council Meeting Agenda October 17, 2023

2. Minutes
Recommended Action:

Approve the minutes of the October 3, 2023, Regular Meeting.

3. Amended and Restated Agreement with County of Riverside Department of Housing and Workforce Solutions to Accept Additional Grant Funding for Homeless Street Outreach and Outreach Support
Recommended Action:

Accept additional supplemental funding from the County of Riverside Department of Housing and Workforce Solutions for the Homeless Incentive Program for street outreach and outreach support in the amount of $225,716.33;
Authorize the City Manager to execute the First Amended and Restated Agreement with the County of Riverside Department of Housing and Workforce Solutions for additional grant funding and all applicable documents; and
Amend the Fiscal Year 2023/24 Operating Budget consistent with the Fiscal Impact Section.

4. Abandoned Vehicle Abatement Program Renewal
Recommended Action:

Adopt Resolution No. 23 -4711, entitled: A Resolution of the City Council of the City of Murrieta, Authorizing the Extension of the Service Fee Collected on behalf of the Riverside County Abandoned Vehicle Service Authority until May 2034; and Upon approval from the City Attorney, authorize the City Manager to execute an agreement with the County of Riverside to participate in the Vehicle Abatement program.

PULLED CONSENT CALENDAR ITEMS

PUBLIC HEARINGS

5. Electric Vehicle Charging and Housing Element Implementation Ordinance (MCA-2023-00001)
Recommended Action:

Consider and approve the Notice of Exemption for Projects Consistent with a Community Plan or Zoning pursuant to the Guidelines for Implementation of the California Environmental Quality Act Section 15183 of Title 14, Division 6, Chapter 3 of the California Code of Regulations, and Public Resources Code Section 21083.3);
Approve the first reading to introduce Ordinance No. 598 -23, entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Municipal Code to Revise the City’s Development Code (MCA-2023-00001), to adopt Electric Vehicle Charging and Housing Implementation standards related to Sections 16.08.010, 16.08.020, 16.34.040,

16.44.115, 16.44.200, 16.52.040, and 16.73.050; and
Direct staff to record and file a Notice of Exemption from CEQA

City Council Meeting Agenda October 17, 2023

6. Ivy House Master Development Plan (2nd Reading)
Recommended Action:

Conduct the continued public hearing from October 3, 2023; Consider and approve the Addendum to the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines (Cal. Code Regs. Title 14) Section 15164; Conduct the second reading and, adopt Ordinance No. 597 -23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Approving and Adopting Amended Master Development Plan MDP -2021-2430 on a 22 -Acre Site to be Developed with 62 Single -Family Detached Lots with Related Improvements for Circulation, Infrastructure, and Murrieta Creek ; and
Adopt Resolution No. 23 -4707 entitled: A Resolution of the City Council of the City of Murrieta Approving the Environmental Determination, Amended Master Development Plan 2021 -2430, Revised Tentative Tract Map 2021-2428, and Revised Development Plan Permit 2021-2429 for Ivy House, a 22 -Acre Site to be Developed with 62 Single -Family Detached Lots and Related Improvements for Circulation, Infrastructure, and Murrieta Creek Drainage Channel Located East of Murrieta Creek, West of New Clay Avenue, and South of “B” Street within the Residential Single-Family 1 (RS-1) Zone of the Downtown Murrieta Specific Plan Area.

DISCUSSION

7. Award of License Agreement for Special Event Management Services for Town Square Park Amphitheater and Amendment of Town Square Park and Amphitheater Usage Policy and Operations Framework
Recommended Action:

Authorize the City Manager to execute a two-year License Agreement with Newman Hospitality Group, LLC, for special event management services at the Town Square Park Amphitheater; and
Approve the amended Town Square Park and Amphitheater Usage Policy and Operations Framework.

GOVERNING BODY ANNOUNCEMENTS
Governing Body Announcements is the opportunity for the City Council to provide miscellaneous reports and announcements. Announcements shall not exceed two minutes .

The City Clerk will use the computerized timer.

Received After Agenda Printed - GBA

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
This is the opportunity for Council Members to request items and receive consensus for items to be added to a future agenda. There will be no discussion or debate on the requests; a brief explanation of the request may be given.

City Council Meeting Agenda October 17, 2023

ADJOURNMENT
Adjourn approximately at 7:00 p.m. for candlelight vigil held at the flagpole area between City Hall and Police Department.

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No.

Subject:

Received After Agenda Printed - GBR
CITY OF MURRIETA Printed on 2/1/2024Page 1 of 1
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Governing Body Reports
Murrieta City Council
October 17, 2023
Cindy Warren, Council Member
1 Received After Agenda Printed
Regular City Council Meeting 10-17-23
GBR - Staff Presentation
2 Governing Body Reports
October 17, 2023
Cindy Warren, Council Member
EMAIL: [email protected]
Attended Riverside County Transportation Commission Meeting.

Attended Riverside County Transportation Commission Meeting – • The Commission approved the Draft 2024 Traffic Relief Plan for public outreach and engagement, and directed staff to return to the Commission in early 2024 with the results of public outreach with a finalized 2024 Traffic Relief Plan.
• RCTC 71/91 Interchange Project will require nightly full closures (Monday through Wednesday) of the eastbound 91 beginning (yesterday) Monday, October 16, 2023 through
Tuesday, November 21, 2023
9/13/23
10/11/23
3 Governing Body Reports
October 17, 2023
Cindy Warren, Council Member
EMAIL: [email protected]
Attended Riverside County Transportation Commission Meeting (Continued)–
o These closures will allow crews to safely construct support structures and place beams for the new eastbound 91 to
northbound 71 connector. Crews will a 30 foot tall structure over the 91 and set more than 200 beams over the eastbound and westbound 91 lanes.
o Additional nighttime lane reductions, 91 Express Lanes closures in Riverside County, ramp closures, and connector closures will occur Thursday — Sunday nights. Full westbound 91 closures will be scheduled in late 2023 to allow crews to build the structure over westbound 91.
10/11/23

4 Governing Body Reports
October 17, 2023
Cindy Warren, Council Member
EMAIL: [email protected]
Attended Riverside County of Transportation Commission 79 Corridor Ad Hoc Committee Zoom Meeting.10/16/23

Calming the Chaos of Mental Health Care
Partners in

Mental

Health
Received After Agenda Printed
Regular City Council Meeting 10-17-23
GBR - Staff Presentation

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No. 1.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald, City Clerk
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT: Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only

RECOMMENDATION
Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

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CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No. 2.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Cristal McDonald
PREPARED BY: Kimberly Ramirez, Deputy City Clerk
SUBJECT:

Minutes

RECOMMENDATION
Approve the minutes of the October 3, 2023, Regular Meeting.

ATTACHMENTS

1. October 3, 2023 Minutes
CITY OF MURRIETA Printed on 1/24/2024Page 1 of 1
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CITY OF MURRIETA
1 TOWN SQUARE

MURRIETA, CA

OCTOBER 3, 2023
6:00 PM REGULAR MEETING

MINUTES

The City of Murrieta intends to comply with the Americans with Disabilities Act (ADA). Persons with special needs should cal l the City Clerk’s department at (951) 461-6031 or email at [email protected] at least 72 hours in advance.

Any presentation requiring the use of the City of Murrieta’s equipment must be submitted to the City Clerk’s department 24 hours prior to the scheduled City Council meeting at City Hall located at 1 Town Square, Murrieta, CA; via email at [email protected] or call (951) 461- 6031. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made ava ilable for public inspection at the public counter at City Hall located at 1 Town Square, Murrieta, CA during normal business hours.

Lisa DeForest
Mayor

Lori Stone Cindy Warren
Mayor Pro Tem Council Member

Jon Levell Ron Holliday
Council Member Council Member

Kim Summers, City Manager
Tiffany Israel, City Attorney
Cristal McDonald, City Clerk

MURRIETA CITY COUNCIL (CC)

MURRIETA COMMUNITY SERVICES DISTRICT (CSD)

MURRIETA FIRE DISTRICT (FD)

MURRIETA LIBRARY BOARD (LB)

MURRIETA REDEVELOPMENT SUCCESSOR AGENCY (RSA)

MURRIETA HOUSING AUTHORITY (HA)

MURRIETA FINANCING AUTHORITY (FA)

YOU MAY VIEW THE MEETING LIVESTREAMED VIA THE CITY’S WEBSITE AT https://murrieta.legistar.com/Calendar.aspx

*** The City is utilizing a new agenda management system. If you have any questions, please reach out to the City Clerk Department at (951) 461-6030 or via email at [email protected].

To view the agenda reports either click on the item title or open the agenda packet on Legistar. Please note due to the size of the packet, downloading the packet may take a moment. ***

6:00 PM REGULAR MEETING
CALL TO ORDER 6:02 p.m.

ROLL CALL

Present: Council Member Cindy Warren
Council Member Jon Levell
Council Member Ron Holliday
Mayor Pro Tem Lori Stone
Mayor Lisa DeForest

PLEDGE OF ALLEGIANCE Pastor Joyce Patmon, Great Oaks Apostolic Church INVOCATION Pastor Joyce Patmon, Great Oaks Apostolic Church

APPROVAL OF AGENDA

Action: It was moved by Council Member Holliday, seconded by Council Member Warren to approve the Agenda for October 3, 2023.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

CITY MANAGER - ADMINISTRATIVE UPDATE

City Manager Kim Summers, provided the following updates/announcements:
 Breast Cancer Awareness Month
 Domestic Violence Awareness Month

GOVERNING BODY COMMISSION/COMMITTEE/BOARD (CCB) REPORTS Council Member Warren: Provided attendance/reported the following:
 Riverside County Transportation Commission
Committee

Council Member Holliday: Provided attendance/reported the following:
 Western Riverside Council of Governments
 Western Riverside Council of Governments
 Western Riverside County Regional Conservation
Authority

PUBLIC COMMENTS (NON-AGENDA)
John Leonard: Spoke on s upport needed for parents reclaiming control of their children’s affairs at the school board.

Andy Morris: On behalf of the Elsinore Valley Municipal Water District spoke on new sewer rates and utility bill assistance.

Connie
McConnell:

Provided update s on Murrieta Market Nights and the MAC Arts Council theater.

Aimee
Edgeworth:

Introduced the Pearl Center for Creative Arts Foundation. Spoke on seeking support from the City Council on giving priority to the Murrieta Train Project at Pioneer Park in order to make Downtown Murrieta a place where art, culture, and history intertwine and focus on establishing the first cultural arts center.

CONSENT CALENDAR - APPROVAL OF ITEMS 1 – 7

Action: It was moved by Council Member Warren, seconded by Mayor DeForest to approve Consent Calendar Item Nos. 1-7, with the following amendment to Item No.6:

 Appropriate $123,980 in the Fiscal Year 2023/24 Operating Budget in fund 404 for $40,508, fund 403 for $20,174, fund 402 for $56,384, and fund 111 for $6,934 for the purchase of the utility vehicle.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, Stone, DeForest
Noes: None

Absent: None

1. Waive Reading of All Ordinance Adoptions on the Agenda and Read by Title Only Recommended Action:

Waive reading, by title only, of all Ordinances and Resolutions. Said Ordinances and Resolutions which appear on the public agenda shall be determined to have been read by title and further reading waived.

2. Minutes
Recommended Action:

Approve the minutes of the September 19, 2023, Regular Meeting.

3. Monthly Investment Transaction Report for August 2023 Recommended Action:

Receive and file the Monthly Investment Transaction Report for August 2023.

4. Murrieta Supervisors’ Association Successor memorandum of Understanding Recommended Action: Adopt Resolution No. 23-4706 entitled: A Resolution of the City Council of the City of Murrieta, California, Approving, Adopting and Implementing a Successor Memorandum of Understandin g between the City of Murrieta and the Murrieta Supervisors’ Association for the period July 1, 2022, through June 30, 2024.

5. SC Commercial LLC Fuel Delivery Agreement for Murrieta Fire & Rescue and Murrieta Police Department
Recommended Action: Approve an agreement with SC Commercial, LLC for fuel delivery to Murrieta Fire & Rescue Fire Station and Murrieta Police Department fuel tanks;

Approve the agreement amount not to exceed $2,650,000; and

Authorize the Mayor to execute the agreement

6. Purchase of Equipment Truck for Murrieta Police Department SWAT

Recommended Action: Approve the purchase of a 2023 Chevrolet Truck Express 3500 utility vehicle from Paradise Chevrolet Cadillac Temecula; and

Authorize an exception to the procurement policy; and

Appropriate $123,980 in the Operating Budget to 4040030 71060 for the purchase of the utility vehicle.

7. Five Year Agreement with Motorola for Radio Purchases

Recommended Action: Approve a five-year agreement with Motorola Solutions, Inc., in the amount not to exceed $1,222,876.30 for the purchase and replacement of critical police radios; and

Authorize the Mayor to execute the agreement.

PUBLIC HEARING

8. Revised Permit 2021 2429, Tentative Tract Map 2021 2428, Master Development Plan 2021 2430 Ivy House

Mayor Pro Tem Stone recused herself from Item No. 8 due to a conflict of interest of owning a business within 500 feet of the project.

Staff report and PowerPoint presentation provided by Associate Planner Aaron Rintamaki.

The public hearing was opened at 6:39 p.m.

Public Testimony:

Nolan Leggio Diversified Pacific (applicant), introduced his team and provided an overview (Applicant): of the Ivy House Project.

Michael Maples: Spoke in favor of the Ivy House Project, and spoke on water capturing concerns.

Kassen Klein: Spoke in favor of the Ivy House Project.

Teresa Bleifus: Spoke in opposition of the Ivy House Project due to them being double the units that the applicant disclosed and the traffic that will be created.

Nolan Leggio Responded to the parking, lighting, and storm drain concerns from the public (Applicant): and answered City Council questions.

Action: After discussion, it was moved by Council Member Warren, seconded by Council Member Holliday to:

Continue the public hearing to a date certain of October 17, 2023 at 6:00 p.m.; and

Approve the Addendum to the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines (Cal.Code Regs. Title 14) Section 15164; and conduct the first reading of Ordinance No.597-23.

The motion carried by the following vote:

Ayes: Warren, Levell, Holliday, DeForest
Noes: None

Recused: Stone

Absent: None

PULLED CONSENT CALENDAR ITEMS None

DISCUSSION

9. Amended and Restated Community Facilities District Goals and Policies

Staff report and PowerPoint presentation provided by Javier Carcamo Finance Director.

Assistant City Manager Ivan Holler, and City Consultant Brian Forbath from Stradling Yocca Carlson & Rauth were available to answer questions from the City Council.

Action:

Ayes:

Noes:

Absent:

After discussion, it was moved by Mayor DeForest seconded by Council Member Warren to move the original recommendation.

Mayor Pro Tem Stone proposed a substitute motion seconded by Council Member Levell, to direct staff to conduct a workshop regarding the proposed policy and process.

The substitute motion carried by the following vote:

Levell, Holliday, Stone
Warren, DeForest
None

10. Discussion About Potential Benefits and Limitations Associated with Charter Cities

Council Member Holliday spoke on the research of the pros and cons of becoming a Charter City.

Public Comment:

Kassen Klein: Spoke in opposition to becoming a Charter City.

Action: Informational item – no further direction was provided.

GOVERNING BODY ANNOUNCEMENTS

Council Member Holliday, Council Member Levell, and Mayor Pro Tem Stone provided their Governing Body Announcements to be made part of the City’s website for public review.

COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS None

ADJOURNMENT 8:39 p.m.

________________________________
Cristal McDonald, City Clerk

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No. 3.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Brian Ambrose, Community Services Director
PREPARED BY: Crystal Arora, Management Analyst - Parks & Recreation SUBJECT:

Amended and Restated Agreement with County of Riverside Department of Housing and Workforce Solutions to Accept Additional Grant Funding for Homeless Street Outreach and Outreach Support

RECOMMENDATION
Accept additional supplemental funding from the County of Riverside Department of Housing and Workforce Solutions for the Homeless Incentive Program for street outreach and outreach support in the amount of $225,716.33;
Authorize the City Manager to execute the First Amended and Restated Agreement with the County of Riverside Department of Housing and Workforce Solutions for additional grant funding and all applicable documents; and
Amend the Fiscal Year 2023/24 Operating Budget consistent with the Fiscal Impact Section.

PRIOR ACTION/VOTE
On July 20, 2021, the City Council adopted Resolution No. 21-4448, accepting grant funding from the County of Riverside Department of Housing, Homeless Prevention, and Workforce Solutions for the Emergency Solutions Grant - Coronavirus Round II for homeless street outreach, emergency sheltering services, and case management services (Vote: 5-0).

On June 21, 2022, the City Council adopted Resolution No. 22-4573, accepting additional supplemental funding from the County of Riverside Department of Housing, Homeless Prevention and Workforce Solutions for the Emergency Solutions Grant - Coronavirus Round II in the amount of $153,035.35 to support continued emergency sheltering services and additional repairs to the Murrieta emergency shelter (Vote: 5-0).

CITY COUNCIL GOAL
Foster and promote an engaged, connected and caring community.

BACKGROUND
Under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Riverside County received a CITY OF MURRIETA Printed on 1/24/2024Page 1 of 2
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10/17/2023
Agenda Item No. 3.

Under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Riverside County received a funding allocation for homeless programming. The City of Murrieta (City) applied for and received grant funding in the amount of $992,154.70 for homeless services, titled Emergency Solutions Grant - Coronavirus Round 2 (ESG-CV2). With the allocation, the City contracted with Project Touch for sheltering services ($455,340.00) and with Social Work Action Group (SWAG) for street outreach and case management services ($513,770.20).

In late May 2022, grant coordinators at the County of Riverside (County) notified City staff that additional ESG- CV2 funding had become available and asked for a preliminary plan to expend any additional funding requested. The City responded with a request to continue support of the Murrieta Emergency Shelter’s operations through Project Touch. On June 2, 2022, the County notified City staff that additional funding in the amount of $153,035.35 would be awarded to the City, and on June 21, 2022, the City Council accepted the funding. At the time of acceptance of the additional funding for emergency shelter services, City staff ended the agreement with SWAG for all homeless-related services and extended a new agreement to City Net to take over all street outreach and case management services.

Since receiving this grant funding, the level of visible homeless in Murrieta has decreased, and Murrieta has reached and maintained its goal of functional zero homelessness (shelter for all homeless individuals accepting services and moving towards housing sustainability). This is mainly due to the seamless services between the homeless outreach team, the Murrieta Police Department’sCommunity Policing Team (CPT), the Behavioral Health Assessment Team (CBAT), and nonprofit partners, including City Net and Project Touch.

In March 2023, the County of Riverside informed City staff of additional funding available to the City as an extension of the ESG-CV agreement. This funding, in the amount of $225,716.33, will assist in the City’sstreet outreach services. The funding is presented as an amendment to the original agreement in place between the City and the County. City Net is currently operating under a month-to-month agreement with the City, and the compensation will remain the same. Staff anticipates bringing forward a longer-term agreement with both City Net and Project Touch for City Council approval at a later date.

FISCAL IMPACT
Accepting this additional grant funding will require a budget appropriation in the Fiscal Year 2023/24 Operating Budget within the Emergency Solutions Grant Fund account number 3770050-60480 50123377-60480 and 3770050-42222 50123377-42222 for $225,716.33.

ATTACHMENTS

1. First Amended and Restated Agreement with the County of Riverside Department of Housing and Workforce Solutions
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County of Riverside
Department of Housing and Workforce Solutions
3403 10TH St. Ste. 300
Riverside, CA 92501

and

City of Murrieta

2020 ESG- CV2 / HHIP

First Amended and Restated Agreement

HHPWSCoC-HHIP-02

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

TABLE OF CONTENTS

1. DEFINITIONS 4

2. DESCRIPTION OF SERVICES 5

3. PERIOD OF PERFORMANCE 5

4. COMPENSATION 6

5. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS 6

6. TERMINATION FOR CONVENIENCE 6

7. TERMINATION FOR CAUSE 7

8. REQUEST FOR WAIVER AND WAIVER OF BREACH 8

9. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL 8

10. CONDUCT OF SUBRECIPIENT/ CONFLICT OF INTEREST 8

11. RECORDS, INSPECTIONS, AND AUDITS 8

12. CONFIDENTIALITY 10

13. HOLD HARMLESS/INDEMNIFICATION 10

14. INSURANCE 11

15. WORKER’S COMPENSATION 12

16. VEHICLE LIABILITY 12

17. COMMERCIAL GENERAL LIABILITY 12

18. INDEPENDENT CONTRACTOR 12

19. PROFESSIONAL LIABILITY 13

20. USE BY POLITICAL ENTITIES 13

21. LICENSES AND PERMITS 13

22. NO DEBARMENT OR SUSPENSION 13

23. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES 14

24. INSPECTIONS 14

25. CORE COMPONENTS OF HOUSING FIRST 15

26. EMPLOYMENT PRACTICES 15

27. CHILD SUPPORT COMPLIANCE ACT 15

28. DRUG FREE WORKPLACE CERTIFICATION 15

27. PERSONNEL 16

31. ADVERSE GOVERNMENT ACTION 17

32. SUBCONTRACTS 17

33. SUPPLANTATION 18

34. ASSIGNMENT 18

35. FORCE MAJEURE 18

36. GOVERNING LAW 18

37. DISPUTES 18

38. ADMINISTRATIVE/CONTRACT LIAISON 19

39. CIVIL RIGHTS COMPLIANCE 19

40. NOTICES 20

41. SIGNED IN COUNTERPARTS 20

42. ELECTRONIC SIGNATURES (after SIGNED IN COUNTERPARTS 20

43. MODIFICATION OF TERMS 21

44. ENTIRE AGREEMENT 21

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

List of Schedules
Schedule A – Payment Provisions
Schedule B – Scope of Services

List of Attachments
Attachment I – Assurance of Compliance
Attachment II – Contractor Payment Request
Attachment III – ESG Supporting Documentation Instructions Attachment IV – ESG Time/Activity Report
Attachment V – ITB COARC-005
Attachment VI - LOI-COARC-006
Attachment VII – Standard Agreement- No.20-ESGCV1-00009, including Amendment #2 Attachment VIII – HWSCoC-0004868 IEHP Agreement
Attachment IX – Monthly Performance Report

*Attachment incorporated herein by reference.

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

This First Amended and Restated Agreement to HHPWSCoC-ESGCV2-02 (herein referred to as “Agreement”), is made and entered into by and between the City of Murrieta, a municipal corporation (herein referred to as “SUBRECIPIENT”), and the County of Riverside, a political subdivision of the State of California, on behalf of its Department of Housing and Workforce Solutions (formerly referred to as Housing, Homelessness Prevention and Workforce Solutions), (herein referred to as “COUNTY”).

WHEREAS, COUNTY and SUBRECIPIENT entered into that certain 2020 ESG-CV2 Agreement, HHPWSCoC-ESGCV2-02, for Street Outreach and Emergency Shelter services effective March 4, 2020 through June 30, 2022, (herein referred to as “Original Agreement”.

WHEREAS, COUNT AND SUBRECIPIENT entered into that certain Amendment #1, to the Original Agreement effective May 1, 2022 to increase the budget by providing $153,035.35 for the Emergency Shelter, extend the Agreement end date to February 28, 2023 and add Disallowed Cost language to the Payment Provisions; and

WHEREAS, the parties now desire to amend and restate the Original Agreement to change contract number from HHPWSCoC-ESGCV2-02 to HHPWSCoC-HHIP-02, increase the budget for the Street Outreach, and extend the end date through September 30, 2024

WHEREAS, upon the effectiveness of this Agreement, the Original Agreement, as amended by Amendment #1 shall be superseded and replaced in its entirety as provided for herein;

NOW, THEREFORE, the parties agree as follows:

1. DEFINITIONS
A. “Application” refers to the approved application and its submissions prepared by COUNTY, which is the basis on which HCD approved the grant.

B. “CES” refers to the Coordinated Entry System in the County of Riverside.

C. “CoC” refers to the Riverside County Continuum of Care.

D. “COUNTY” and/or “HWS” refers to the County of Riverside and its Housing, and Workforce Solutions Department, which has administrative responsibility for this Agreement. HWS and COUNTY are used interchangeably in this Agreement.

E. “ESG Program” refers to the Emergency Solutions Grants Program.

F. “Engagements” refers to individuals who have given consent to receive services from outreach staff and have become part of the outreach staff’s caseload.

G. “HCD” refers to the State of California Department of Housing and Community Development.

H. “HHIP” refers to Homelessness Incentive Program a voluntary incentive program that will allow health plans to earn incentive funds for making progress in addressing homelessness and housing insecurity and social determinants of health.

I. “HMIS” refers to the Riverside County Homeless Management Information System.

J. “Homeless” refers to homeless as defined in 24 CFR 576.2.

K. "Housed” is total number of unsheltered homeless people that have been permanently housed.

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

L. “Participant(s)” refers to an individual(s) or family(ies) who is assisted under the ESG Program.

M. “Permanent Housing” refers to permanent housing and permanent supportive housing as defined in 24 CFR 578.3.

N. “Project” refers to rapid rehousing and/or Homelessness Prevention services for facilitating the movement of Homeless individuals through the Continuum of Care into independent Permanent Housing.

O. “RAPID RE-HOUSING” (RRH) is a model of housing assistance that is designed to assist the homeless, with or without disabilities, move as quickly as possible into permanent housing and achieve stability in that housing. Rapid re-housing assistance is time-limited, individualized, flexible, and is designed to complement and enhance homeless system performance and the performance of other homeless projects. For more information about rapid re-housing see:
https://www.onecpd.info/news/snaps-weekly-focus-rapid-re-housing/ and http://www.end homelessness.org/pages/prevention-and-rapid-re-housing P. “RENTAL ASSISTANCE” refers to provision of rental assistance to provide homelessness prevention, transitional or permanent housing to eligible persons.

Q. “RFP” refers to a Riverside County Request for Proposal.

R. “SUBRECIPIENT” refer to the City of Murrieta including its employees, agents, representatives, subcontractors and suppliers. SUBRECIPIENT and CVRM are used interchangeably in this Agreement.

2. DESCRIPTION OF SERVICES for ESGCV March 1, 2020 – February 28, 2023 SUBRECIPIENT shall provide all services as outlined and specified in Schedule B, Scope of Services, Attachment I – Assurance of Compliance, Attachment II – Contractor Payment Request, Attachment III – ESG Supporting Documentation Instructions, Attachment IV – ESG Time/Activity Report, Attachment V – ITB COARC – 005 and LOI-COARC-006, Attachment VI –Standard Agreement No. 20-ESGCV1-00009-, all of which are attached hereto and incorporated herein as referenced.

DESCRIPTION OF SERVICES for HHIP – March 1, 2023 – February 29, 2024 SUBRECIPIENT shall provide all services as outlined and specified in Schedule B, Scope of Services, Attachment I – Assurance of Compliance, Attachment II – Contractor Payment Request, Attachment III – Supporting Documentation Instructions, Attachment IV – Time/Activity Report, Attachment V-ITB COARC-005 and LOI-COARC-006, Attachment VIII HWSCoC- 0004868 all of which are attached hereto and incorporated herein as referenced.

3. PERIOD OF PERFORMANCE
This Agreement shall be effective March 4, 2020(“Effective Date”) and continues in effect through September 30, 2024, unless terminated earlier. SUBRECIPIENT shall commence performance upon the Effective Date and shall diligently and continuously perform thereafter until the end of the period of performance. COUNTY and SUBRECIPIENT agree that all services provided to the Target Population are estimated to be, and shall be, fully performed by September 30, 2024.

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4. COMPENSATION
a. ESG
COUNTY shall pay SUBRECIPIENT for services performed, products provided, or expenses incurred in accordance with Schedule A, “Payment Provisions.” COUNTY is not responsible for any fees or costs incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services or product. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of SUBRECIPIENT’s expenses related to this Agreement. One hundred percent (100%) of ESG-CV2 funds allocated to SUBRECIPIENT, pursuant to this Agreement, shall be Expended by February 28, 2023 (“Expenditure Deadline”). Any ESG-CV2 funds paid to SUBRECIPIENT, but not Expended pursuant to this Agreement by February 28, 2023 shall be returned to COUNTY within five (5) business days. In the event this Agreement is terminated prior to February 28, 2023, any funds paid to SUBRECIPIENT, but not Expended prior to the date of termination, shall be returned to COUNTY within five (5) business days of the notice of termination to be returned to HCD. b. HHIP
COUNTY shall pay SUBRECIPIENT for services performed, products provided, or expenses incurred in accordance with Schedule A, “Payment Provisions.” COUNTY is not responsible for any fees or cost incurred above or beyond the contracted amount and shall have no obligation to purchase any specified amount of services of product. Unless otherwise specifically stated in Schedule A, COUNTY shall not be responsible for payment of any of SUBRECIPIENT’s expenses related to this Agreement. One hundred percent (100%) of HHIP funds allocated to SUBRECIPIENT, pursuant to this Agreement, shall be Expended by September 30, 2024 (Expenditure Deadline”). Any HHIP funds paid to SUBRECIPIENT, but not Expended pursuant to this Agreement by September 30, 2024 shall be returned to COUNTY within five (5) business days. In the event this Agreement is terminated prior to September 30 2024 any funds paid to SUBRECIPIENT, but not Expended prior to the date of termination, shall be returned to COUNTY within five (5) business days of the notice of termination to be returned to DHCS.

5. AVAILABILITY OF FUNDS/NON-APPROPRIATION OF FUNDS
The obligation of COUNTY for payment under this Agreement is contingent upon and limited by the availability of funding from which payment can be made. This Agreement is valid and enforceable only if sufficient funds are made available to COUNTY by HCD. There shall be no legal liability for payment on the part of COUNTY unless funds are made available for such payment by HCD. In the event such funds are not forthcoming for any reason, COUNTY shall immediately notify SUBRECIPIENT in writing and this Agreement shall be deemed terminated and be of no further force or effect. In the event the funding is reduced, COUNTY shall immediately notify SUBRECIPIENT in writing and it is mutually agreed that COUNTY has the option to immediately terminate this Agreement or to amend this Agreement to reflect the reduction of funds. COUNTY shall make all payments to SUBRECIPIENT that were properly earned prior to the unavailability or reduction of funding.

6. TERMINATION FOR CONVENIENCE
A. COUNTY may terminate this Agreement without cause upon giving thirty (30) days written notice served on SUBRECIPIENT stating the extent and effective date of termination.

B. After receipt of the notice of termination, SUBRECIPIENT shall:
(1) Stop all work under this Agreement on the date specified in the notice of termination; and HHPWSCoC-HHIP-02
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(2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY.

C. After termination, COUNTY shall make payment only for SUBRECIPIENT’s performance up to the date of termination in accordance with this Agreement.

D. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.

7. TERMINATION FOR CAUSE
A. COUNTY may, at any time, upon five (5) days written notice, terminate this Agreement for cause, if SUBRECIPIENT refuses or fails to comply with the terms of this Agreement, or fails to make progress that may endanger performance and does not immediately cure such failure. Cause shall include, but is not limited to:

(1) SUBRECIPIENT’s failure to comply with the terms or conditions of this Agreement;

(2) use of, or permitting the use of funds provided under this Agreement for any ineligible activities;

(3) any failure to comply with the deadlines set forth in this Agreement;

(4) violation of any federal or state laws or regulations; or

(5) withdrawal of HCD’s expenditure authority.

B. In addition to the other remedies that may be available to COUNTY in law or equity for breach of this Agreement, COUNTY may:

(1) Bar the SUBRECIPIENT from applying for future funds;

(2) Revoke any other existing award(s) to the SUBRECIPIENT;

(3) Require the return of any unexpended funds disbursed under this Agreement;

(4) Require repayment of funds disbursed and Expended under this Agreement;

(5) Require the immediate return to COUNTY of all funds derived from the use of funds including, but not limited to recaptured funds and returned funds;

(6) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or the appointment of a receiver to complete the technical assistance in accordance with requirements; and,

(7) Seek such other remedies as may be available under this Agreement or any law.

C. After receipt of the notice of termination, SUBRECIPIENT shall:

(1) Stop all work under this Agreement on the date specified in the notice of termination; and

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(2) Transfer to COUNTY and deliver in the manner directed by COUNTY any materials, reports or other products, which, if the Agreement had been completed or continued, would be required to be furnished to COUNTY.

D. In the event of such termination, COUNTY may proceed with the work in any manner deemed proper by COUNTY.

E. The rights and remedies of COUNTY provided in this section shall be cumulative not exclusive and are in addition to any other rights or remedies provided by law or this Agreement.

8. REQUEST FOR WAIVER AND WAIVER OF BREACH
Waiver of any provision of this Agreement must be in writing and signed by authorized representatives of the parties. Any waiver by COUNTY of any breach of any provision of the terms and conditions herein shall not be deemed, for any purpose, to be a waiver of any subsequent or other breach of the same or any other term of this Agreement. Failure of COUNTY to require exact, full and complete compliance with any term of this Agreement shall not be construed as making any changes to the terms of this Agreement and does not prevent COUNTY from enforcing the terms of this Agreement.

9. OWNERSHIP, PUBLICATION, REPRODUCTION, AND USE OF MATERIAL SUBRECIPIENT agrees that all materials, reports, or products, in any form including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated by COUNTY pursuant to this Agreement shall be the sole property of COUNTY. The material, reports or products may be used by the COUNTY for any purpose that COUNTY deems appropriate, including but not limited to, duplication and/or distribution within COUNTY or to third parties.

SUBRECIPIENT agrees not to release or circulate, in whole or in part, such materials, reports, or products without prior written authorization of COUNTY.

10. CONDUCT OF SUBRECIPIENT/ CONFLICT OF INTEREST
A. SUBRECIPIENT covenants that it presently has no interest, including but not limited to, other projects or contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with SUBRECIPIENT’s performance under this Agreement.

SUBRECIPIENT further covenants that no person or subcontractor having any such interest shall be employed or retained by SUBRECIPIENT under this Agreement. SUBRECIPIENT agrees to inform the COUNTY of all SUBRECIPIENT’s interest, if any, which are or may be perceived as incompatible with COUNTY’s interests.

B. SUBRECIPIENT shall not, under circumstances which could be interpreted as an attempt to influence the recipient in the conduct of his/her duties, accept any gratuity or special favor from individuals or firms with whom SUBRECIPIENT is doing business or proposing to do business, in fulfilling this Agreement.

C. SUBRECIPIENT or its employees shall not offer gifts, gratuity, favors, and entertainment directly or indirectly to COUNTY employees.

D. SUBRECIPIENT and its employees shall comply with all applicable provisions of federal and state laws pertaining to conflict of interests, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act, Government Code section 87100 et seq., Government Code section 1090, and Public Contract Code sections 10410 and 10411.

11. RECORDS, INSPECTIONS, AND AUDITS
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A. All performance, including services, workmanship, materials, facilities or equipment utilized in the performance of this Agreement, shall be subject to inspection and test by COUNTY or any other regulatory agencies at all times. This may include, but is not limited to, monitoring or inspecting SUBRECIPIENT performance through any combination of on-site visits, inspections, evaluations, and SUBRECIPIENT self-monitoring. SUBRECIPIENT shall cooperate with any inspector or COUNTY representative reviewing compliance with this Agreement and permit access to all necessary locations, equipment, materials, or other requested items. SUBRECIPIENT shall establish sufficient procedures to self-monitor the quality of services/products under this Agreement and shall permit COUNTY or other inspector to assess and evaluate SUBRECIPIENT’s performance at any time, upon reasonable notice to the SUBRECIPIENT.

B. SUBRECIPIENT agrees that COUNTY, HCD, or their designees, shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. SUBRECIPIENT agrees to provide COUNTY, HCD, or their designees, with any relevant information requested. SUBRECIPIENT agrees to permit COUNTY, HCD, or their designees, access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code, and all other relevant provisions established under AB 101 (Chapter 159, Statutes of 2019), program guidance document published on the website, and this Agreement. SUBRECIPIENT further agrees to retain all records described in this paragraph for a minimum of five (5) years after the termination of this Agreement. If any litigation, claim negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. COUNTY reserves the right to perform or cause to be performed a financial audit. At COUNTY’s request, the SUBRECIPIENT shall provide, at SUBRECIPIENT’s own expense, a financial audit prepared by a certified public accountant. Administrative funds may be used to fund this expense.

(1) If a financial audit is required by COUNTY, the audit shall be performed by an independent certified public accountant.

(2) The SUBRECIPIENT shall notify COUNTY of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by COUNTY to the independent auditor’s working papers.

(3) The SUBRECIPIENT is responsible for the completion of audits and all costs of preparing audits.

(4) If there are audit findings, the SUBRECIPIENT must submit a detailed response acceptable to COUNTY for each finding within ninety (90) days from the date of the audit finding report.

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12. CONFIDENTIALITY
A. SUBRECIPIENT shall maintain the privacy and confidentiality of all information and records, regardless of format, received pursuant to this Agreement (“confidential information”).

Confidential information includes, but is not limited to, unpublished or sensitive technological or scientific information; medical, personnel, or security records; material requirements or pricing/purchasing actions; COUNTY information or data which is not subject to public disclosure; COUNTY operational procedures; and knowledge of selection of contractors, subcontractors or suppliers in advance of official announcement.

B. SUBRECIPIENT shall ensure that no person will publish, disclose, use or cause to be disclosed such confidential information pertaining to any applicant or recipient of services.

SUBRECIPIENT shall protect from unauthorized disclosure names and other identifying information concerning person receiving services pursuant to this Agreement.

SUBRECIPIENT shall ensure case records or personal information is kept confidential when it identifies an individual by name, address, or other specific information. SUBRECIPIENT shall not use such information for any purpose other than carrying out SUBRECIPIENT’s obligations under this Agreement. SUBRECIPIENT shall comply with Welfare and Institutions Code Section (WIC) 10850.

C. SUBRECIPIENT shall take special precautions, including but not limited to, sufficient training of SUBRECIPIENT’s staff before they begin work, to protect such confidential information from loss or unauthorized use, access, disclosure, modification or destruction.

D. SUBRECIPIENT shall promptly transmit to COUNTY all third party requests for disclosure of confidential information. SUBRECIPIENT shall not disclose such information to anyone other than COUNTY except when disclosure is specifically permitted by this Agreement or as authorized in writing in advance by COUNTY.

13. HOLD HARMLESS/INDEMNIFICATION
A. SUBRECIPIENT shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives (individually and collectively hereinafter referred to as Indemnitees) from any liability, action, claim or damage whatsoever, based or asserted upon any services of SUBRECIPIENT, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature. SUBRECIPIENT shall defend the Indemnitees at its sole expense including all costs and fees (including, but not limited, to attorney fees, cost of investigation, defense and settlements or awards) in any claim or action based upon such acts, omissions or services.

B. With respect to any action or claim subject to indemnification herein by SUBRECIPIENT, SUBRECIPIENT shall, at their sole cost, have the right to use counsel of their own choice, subject to the approval of COUNTY which shall not be unreasonably withheld, and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes SUBRECIPIENT indemnification to Indemnitees as set forth herein.

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C. SUBRECIPIENT’s obligation hereunder shall be satisfied when SUBRECIPIENT has provided to COUNTY the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

D. The specified insurance limits required in this Agreement shall in no way limit or circumscribe SUBRECIPIENT’s obligations to indemnify and hold harmless the Indemnitees herein from third party claims.

14. INSURANCE
A. Without limiting or diminishing SUBRECIPIENT’s obligation to indemnify or hold COUNTY harmless, SUBRECIPIENT shall procure and maintain or cause to be maintained, at its sole cost and expense, the following insurance coverages during the term of this Agreement. As respects to the insurance section only, COUNTY herein refers to the County of Riverside, its agencies, districts, special districts, and departments, their respective directors, officers, Board of Supervisors, employees, elected or appointed officials, agents, or representatives as Additional Insureds.

B. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an AM BEST rating of not less than A: VIII (A:8) unless such requirements are waived, in writing, by the COUNTY Risk Manager. If the COUNTY’s Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.

C. SUBRECIPIENT’s insurance carrier(s) must declare its insurance self-insured retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the prior written consent of the COUNTY Risk Manager before the commencement of operations under this Agreement. Upon notification of self-insured retention unacceptable to COUNTY, and at the election of the COUNTY’s Risk Manager, SUBRECIPIENT’s carriers shall either; 1) reduce or eliminate such self-insured retentions as respects to this Agreement with COUNTY, or 2) procure a bond which guarantees payment of losses and related investigations, claims administration, and defense costs and expenses.

D. SUBRECIPIENT shall cause SUBRECIPIENT’s insurance carrier(s) to furnish the COUNTY with either 1) a properly executed original certificate(s) of insurance and certified original copies of endorsements effecting coverage as required herein, or 2) if requested to do so orally or in writing by the COUNTY Risk Manager, provide original certified copies of policies, including all endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that thirty (30) calendar days’ written notice shall be given to the COUNTY prior to any material modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a material modification, cancellation, expiration, or reduction in coverage, this Agreement shall terminate forthwith, unless the COUNTY receives, prior to such effective date, another properly executed original certificate of insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages set forth herein and the insurance required herein is in full force and effect. SUBRECIPIENT shall not commence operations until the COUNTY has been furnished original certificate(s) of insurance and certified original copies of endorsements and if requested, certified original policies of insurance including all endorsements and any and all other attachments as required in this section. An individual authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the certificate of insurance.

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E. It is understood and agreed to by the parties hereto that SUBRECIPIENT’s insurance shall be construed as primary insurance, and COUNTY's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.

F. If, during the term of this Agreement or any extension thereof, there is a material change in the scope of services, or there is a material change in the equipment to be used in the performance of the scope of work which will add additional exposures (such as the use of aircraft, watercraft, cranes, etc.), or the term of this Agreement, including any extensions thereof, exceeds five (5) years, the COUNTY reserves the right to adjust the types of insurance required under this Agreement and the monetary limits of liability for the insurance coverages currently required herein if, in the COUNTY Risk Manager's reasonable judgment, the amount or type of insurance carried by the SUBRECIPIENT has become inadequate.

G. SUBRECIPIENT shall pass down the insurance obligations contained herein to all tiers of subcontractors working under this Agreement.

H. The insurance requirements contained in this Agreement may be met with a program of self- insurance acceptable to COUNTY.

I. SUBRECIPIENT agrees to notify COUNTY of any claim by a third party or any incident or event that may give rise to a claim arising from the performance of this Agreement.

15. WORKER’S COMPENSATION
If SUBRECIPIENT has employees as defined by the State of California, SUBRECIPIENT shall maintain statutory Worker’s Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. Policy shall include Employers’ Liability (Coverage B) including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy shall be endorsed to waive subrogation in favor of the County of Riverside, and, if applicable, to provide a Borrowed Servant/Alternate Employer Endorsement.

16. VEHICLE LIABILITY
If vehicles or mobile equipment are used in the performance of the obligations under this Agreement, then SUBRECIPIENT shall maintain liability insurance for all owned, non-owned or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. Policy shall name COUNTY as Additional Insured.

17. COMMERCIAL GENERAL LIABILITY
Commercial General Liability insurance coverage, including but not limited to, premises liability, unmodified contractual liability, products and completed operations liability, personal and advertising injury, and cross liability coverage, covering claims which may arise from or out of SUBRECIPIENT’s performance of its obligations hereunder. Policy shall name the COUNTY as Additional Insured. Policy’s limit of liability shall not be less than $1,000,000 per occurrence combined single limit. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.

18. INDEPENDENT CONTRACTOR
The SUBRECIPIENT is, for purposes relating to this Agreement, an independent contractor and shall not be deemed an employee of the COUNTY. It is expressly understood and agreed that HHPWSCoC-HHIP-02
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the SUBRECIPIENT (including its employees, agents, and subcontractors) shall in no event be entitled to any benefits to which COUNTY employees are entitled, including but not limited to, overtime, any retirement benefits, workers’ compensation benefits, health benefits, and injury leave or other leave benefits. COUNTY shall not be required to make any deductions for SUBRECIPIENT’s employees from the compensation payable to SUBRECIPIENT under this Agreement. There shall be no employer-employee relationship between the parties and SUBRECIPIENT shall hold COUNTY harmless from any and all claims that may be made against COUNTY based upon any contention by a third party that an employer-employee relationship exists by reason of this Agreement. It is further understood and agreed by the parties that SUBRECIPIENT in the performance of this Agreement is subject to the control or direction of COUNTY merely as to the results to be accomplished and not as to the means and methods for accomplishing the results.

19. PROFESSIONAL LIABILITY
SUBRECIPIENT shall maintain Professional Liability Insurance providing coverage for the SUBRECIPIENT’s performance of work included within this Agreement, with a limit of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If SUBRECIPIENT’s Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such insurance shall continue through the term of this Agreement and SUBRECIPIENT shall purchase at its sole expense either 1) an Extended Reporting Endorsement (also, known as Tail Coverage); or 2) Prior Dates Coverage from new insurer with a retroactive date back to the date of, or prior to, the inception of this Agreement; or 3) demonstrate through Certificates of Insurance that SUBRECIPIENT has maintained continuous coverage with the same or original insurer. Coverage provided under items 1), 2), or 3) will continue as long as the law allows.

20. USE BY POLITICAL ENTITIES
The SUBRECIPIENT agrees to extend the same pricing, terms and conditions as stated in this Agreement to each and every political entity, special district, and related non-profit entity in Riverside County and under certain circumstances entities located in the State of California. It is understood that other entities shall make purchases in their own name, make direct payment, and be liable directly to the SUBRECIPIENT; and COUNTY shall in no way be responsible to SUBRECIPIENT for other entities’ purchases.

21. LICENSES AND PERMITS
If applicable, SUBRECIPIENT shall be licensed and have all permits as required by Federal, State, COUNTY, or other regulatory authorities at the time the proposal is submitted to COUNTY and throughout the term of this Agreement. SUBRECIPIENT warrants that it has all necessary permits, approvals, certificates, waivers, and exceptions necessary for performance of this Agreement.

22. NO DEBARMENT OR SUSPENSION
A. SUBRECIPIENT is not eligible to receive grant funds if SUBRECIPIENT is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors.

B. SUBRECIPIENT certifies that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; has not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against it for the commission of fraud or HHPWSCoC-HHIP-02
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a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction; violation of federal or state anti-trust status; commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; is not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated herein; and has not within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.

23. COMPLIANCE WITH RULES, REGULATIONS, AND DIRECTIVES
SUBRECIPIENT shall comply with all applicable state and federal laws, rules, regulations, requirements, and directives which impose duties and regulations upon COUNTY as though made with SUBRECIPIENT directly that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, federal, state, and local housing and building codes, and all other matters applicable and/or related to the ESG Program, the COUNTY, the SUBRECIPIENT, the SUBRECIPIENT’s subcontractors, and the Project, including but not limited to the provisions of 42 USC 11371 – 42 USC 11378, 24 CFR Part 576, 2 CFR Part 200, and 25 CCR Section 8400 et seq. as shall be amended from time to time. In addition, SUBRECIPIENT shall comply with all applicable provisions of Standard Agreement No. 20-ESGCV1-0009 including as set forth in Schedule B, Section B.1, and any applicable COUNTY policies and procedures, including but not limited to:

a. County of Riverside Continuum of Care Written Standards:
https://www.harivco.org/Portals/0/Documents/coc-written-standards-amended- 82218.pdf?ver=2020-08-07-153345-780

b. County of Riverside Continuum of Care Board of Governance Charter:
https://www.harivco.org/Portals/0/Governance%20Charter%20Amended%2010-28- 2021.pdf

c. County of Riverside Continuum of Care Homeless Management Information System (HMIS) Charter:
https://www.harivco.org/Portals/0/Documents/county-of-riverside-coc-hmis-charter-rev-12- 7-17-final.pdf?ver=2020-08-05-113900-583

In the event that there is a conflict between the various laws or regulations that may apply, the SUBRECIPIENT shall comply with the more restrictive law or regulation.

24. INSPECTIONS
A. The COUNTY shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and the COUNTY’s agreement with HCD.

B. HCD shall have the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and the COUNTY’s agreement with HCD.

C. SUBRECIPIENT shall correct all work that is determined based on such inspections not to conform to the applicable requirements and COUNTY shall withhold payments to the SUBRECIPIENT until it is corrected.

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25. CORE COMPONENTS OF HOUSING FIRST
SUBRECIPIENT shall ensure that any housing-related activities funded with ESG-CV2 funds must be in compliance or otherwise aligned with the Core Components of Housing First, pursuant to Welfare and Institutions Code Section 8255(b).

26. EMPLOYMENT PRACTICES
A. SUBRECIPIENT shall comply with all federal and state statutes and regulations in the hiring of its employees.

B. SUBRECIPIENT shall not discriminate in its recruiting, hiring, promoting, demoting, or terminating practices on the basis of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex in the performance of this Agreement and, if applicable, with the provisions of the Fair Employment and Housing Act (FEHA) and the Federal Civil Rights Act of 1964 (P. L. 88-352).

C. In the provision of benefits, SUBRECIPIENT shall certify and comply with Public Contract Code 10295.3 and not discriminate between employees with spouses and employees with domestic partners, or discriminate between the domestic partners and spouses of those employees. For the purpose of this section, “domestic partner” means one of two persons who have filed a declaration of domestic partnership with the Secretary of State pursuant to Division 2.5 (commencing with Section 297) of the Family Code.

D. By signing this Agreement or accepting funds under this Agreement, SUBRECIPIENT shall comply with Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Department of Labor regulations (41 CFR Chapter 60).

27. CHILD SUPPORT COMPLIANCE ACT
A. The SUBRECIPIENT recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
B. The SUBRECIPIENT, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department (EDD).

C. In order to comply with child support enforcement requirements of the State of California, the COUNTY may be required to submit a Report of Independent Contractor(s) form DE 542 to the Employment Development Department. The SUBRECIPIENT agrees to furnish the required data and certifications to the COUNTY within ten (10) days when required by the EDD. This data will be transmitted to governmental agencies charged with the establishment and enforcement of child support orders. Failure of the SUBRECIPIENT to comply with all federal and state reporting requirements for child support enforcement or to comply with all lawfully served Wage and Earnings Assignments Orders and Notices of Assignment shall constitute a material breach of this Agreement. If SUBRECIPIENT has any questions concerning this reporting requirement, please call (916) 657-0529. SUBRECIPIENT should also contact its local Employment Tax Customer Service Office listed in the telephone directory in the State Government section under “Employment Development Department” or access their Internet site at www.edd.ca.gov.

28. DRUG FREE WORKPLACE CERTIFICATION
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By signing this Agreement, SUBRECIPIENT, and its subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

(1) Publish a statement notifying employees and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355 (a)(1).

(2) Establish a Drug-Free Awareness Program, as required by Government Code section 8355(a)(2) to inform employees, contractors, or subcontractors about all of the following:
a. The dangers of drug abuse in the workplace;
b. SUBRECIPIENT’s policy of maintaining a drug-free workplace; c. Any available counseling, rehabilitation, and employee assistance programs; and, d. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

(3) Provide as required by Government Code section 8355(a)(3), that every employee and/or subcontractor who works under this Agreement:
a. Will receive a copy of SUBRECIPIENT’S drug-free policy statement; and, b. Will agree to abide by terms of SUBREECIPIENT’S condition of employment or Subcontract.

29. PERSONNEL
A. Upon request by COUNTY, SUBRECIPIENT agrees to make available to COUNTY a current list of personnel that are providing services under this Agreement who have contact with children or adult Participants. The list shall include:
(1) All staff who work full or part-time positions by title, including volunteer positions;

(2) A brief description of the functions of each position and hours each position worked; and

(3) The professional degree, if applicable and experience required for each position.

B. COUNTY has the sole discretion to approve or not approve any person on the SUBRECIPIENT’s list that has been convicted of any crimes involving sex, drugs or violence, or who is known to have a substantiated report of child abuse, as defined in Penal Code Section 11165.12, who occupies positions with supervisory or disciplinary power over minors, or who occupies supervisory or teaching positions over adult Participants. COUNTY shall notify SUBRECIPIENT in writing of any person not approved, but to protect Participant confidentiality, may not be able to disclose the reason(s) for non-approval. Upon notification, SUBRECIPIENT shall immediately remove that person from providing services under this Agreement.

C. Background Checks
SUBRECIPIENT shall conduct criminal background record checks on all individuals providing services under this Agreement. Prior to these individuals providing services to Participants, SUBRECIPIENT shall have received a criminal record from the State of California Department of Justice (DOJ). A signed certification of such criminal record and, as appropriate, a signed justification and clearance from Contractor or Designee demonstrating fitness to perform duties shall be retained in each individual’s personnel file. The use of criminal records for the purposes of employment decisions must comply HHPWSCoC-HHIP-02
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with the Office of Federal Contract Compliance Programs Directive 2013-02 “Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin” and California Government Code § 12952.

30. LOBBYING
A. SUBRECIPIENT certifies no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant loan or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the underlying federal contract, grant, loan, or cooperative agreement, SUBRECIPIENT shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

C. SUBRECIPIENT shall require that the language of this certification be included in all contracts or subcontracts entered into in connection with this Agreement and that all SUBRECIPIENT’s subcontractors shall certify and disclose accordingly.

31. ADVERSE GOVERNMENT ACTION
In the event any action of any department, branch or bureau of the federal, state, or local government has a material adverse effect on either party in the performance of their obligations hereunder, then that party shall notify the other of the nature of this action, including in the notice a copy of the adverse action. The parties shall meet within thirty (30) calendar days and shall, in good faith, attempt to negotiate a modification to this Agreement that minimizes the adverse effect. Notwithstanding the provisions herein, if the parties fail to reach a negotiated modification concerning the adverse action, then the affected party may terminate this Agreement by giving at least one hundred eighty (180) calendar days’ notice or may terminate sooner if agreed to by both parties.

32. SUBCONTRACTS
A. No contract shall be made by the SUBRECIPIENT with any other party for furnishing any of the work or services under this Agreement without the prior written approval of the COUNTY and HCD. A subcontractor is not eligible to furnish any of the work or services under this Agreement, and is not eligible to receive grant funds, if the subcontractor is not licensed and in good standing in California or is listed on the Federal Consolidated List of Debarred, Suspended and Ineligible Contractors.

B. SUBRECIPIENT shall not propose to enter into any subcontract with any subcontractor who:
(1) Is presently debarred, suspended, proposed for debarment or suspension, or declared ineligible or voluntarily excluded from covered transactions by a federal department or agency;

(2) Has within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for the commission of fraud; a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction; violation of federal or state anti-trust status; commission of HHPWSCoC-HHIP-02
First Amended and Restated Agreement

embezzlement, theft, forgery, bribery; falsification or destruction of records; making false statements; or receiving stolen property;

(3) Is presently indicted or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in the paragraph above; or

(4) Has within a three-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default.

C. SUBRECIPIENT shall be fully responsible for the acts or omissions of its subcontractors and the subcontractors’ employees.

D. SUBRECIPIENT shall insert clauses in all subcontracts to bind its subcontractors to the terms and conditions of this Agreement.

E. Nothing contained in this Agreement shall create a contractual relationship between any subcontractor or supplier of SUBRECIPIENT and COUNTY.

33. SUPPLANTATION
SUBRECIPIENT shall not supplant any federal, state or COUNTY funds intended for the purpose of this Agreement with any funds made available under any other agreement.

SUBRECIPIENT shall not claim reimbursement from COUNTY for any sums which have been paid by another source of revenue. SUBRECIPIENT agrees that it will not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining state funds under any state program or COUNTY funds under any COUNTY programs without prior approval of COUNTY.

34. ASSIGNMENT
SUBRECIPIENT shall not assign or transfer any interest in this Agreement without the prior written consent of COUNTY. Any attempt to assign or transfer any interest without written consent of COUNTY shall be deemed void and of no force or effect.

35. FORCE MAJEURE
If either party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, or other similar acts, such party shall not be held liable for such failure to comply.

36. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. Any legal action related to the interpretation or performance of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any provision of law providing for a change of venue to another location. In the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

37. DISPUTES
A. The parties shall attempt to resolve any disputes amicably at the working level. If that is not successful, the dispute shall be referred to the senior management of the parties. Any dispute relating to this Agreement which is not resolved by the parties shall be decided by COUNTY’s Compliance Contract Officer who shall furnish the decision in writing. The decision of COUNTY’s Compliance Contract Officer shall be final and conclusive unless HHPWSCoC-HHIP-02
First Amended and Restated Agreement

determined by a court to have been fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. SUBRECIPIENT shall proceed diligently with the performance of this Agreement pending resolution of a dispute.

B. Prior to the filing of any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

38. ADMINISTRATIVE/CONTRACT LIAISON
Each party shall designate a liaison that will be the primary point of contact regarding this Agreement.

39. CIVIL RIGHTS COMPLIANCE
A. Assurance of Compliance
SUBRECIPIENT shall complete the “Assurance of Compliance with Riverside County Housing, Homelessness Prevention and Workforce Solutions Non-Discrimination in State and Federally Assisted Programs,” attached as Attachment I. SUBRECIPIENT shall sign and date Attachment I and return it to COUNTY along with the executed Agreement.

SUBRECIPIENT shall ensure that the administration of public assistance and social service programs are non-discriminatory. To the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance.

B. Participant Complaints
SUBRECIPIENT shall further establish and maintain written referral procedures under which any person, applying for or receiving services hereunder, may seek resolution from COUNTY of a complaint with respect to any alleged discrimination in the provision of services by SUBRECIPIENT's personnel. SUBRECIPIENT must distribute to social service clients that apply for and receive services, “Your Rights Under California Welfare Programs” brochure (Publication 13). For copies of this brochure, visit the following website at:

http://www.cdss.ca.gov/inforesources/Civil-Rights/Your-Rights-Under-California-Welfare- Programs

Civil Rights Complaints should be referred to:

Program Manager
Riverside County Housing, Homelessness Prevention and Workforce Solutions 3403 Tenth Street, Suite 300
Riverside CA. 92501

C. Services, Benefits and Facilities
SUBRECIPIENT shall not discriminate in the provision of services, the allocation of benefits, or in the accommodation in facilities on the basis of color, race, religion, national origin, sex, age, sexual preference, physical or mental handicap in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. Section 2000d and all other pertinent rules and regulations promulgated pursuant thereto, and as otherwise provided by State law and regulations, as all may now exist or be hereafter amended or changed. For the purpose of this Section, discrimination means denying a Participant or potential Participant any service, benefit, or HHPWSCoC-HHIP-02
First Amended and Restated Agreement

accommodation that would be provided to another and includes, but is not limited to, the following:

(1) Denying a Participant any service or benefit or availability of a facility.

(2) Providing any service or benefit to a Participant which is different, or is provided in a different manner, or at a different time or place from that provided to other Participants on the basis of race, color, creed or national origin.

(3) Restricting a Participant in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit. Treating a Participant differently from others in satisfying any admission requirement or condition, or eligibility requirement or condition, which individuals must meet in order to be provided any service or benefit.

D. Cultural Competency
SUBRECIPIENT shall cause to be available bilingual professional staff or qualified interpreter to ensure adequate communication between Participants and staff. Any individual with limited English language capability or other communicative barriers shall have equal access to services. For the purpose of this Section, a qualified interpreter is defined as someone who is fluent in English and in the necessary second language, can accurately speak, read and readily interpret the necessary second language and/or accurately sign and read sign language. A qualified interpreter must be able to translate in linguistically appropriate terminology necessary to convey information such as symptoms or instructions to the Participant in both languages.

40. NOTICES
All notices, Invoices, financial documents, claims, correspondence, or statements authorized or required by this Agreement shall be deemed effective three (3) business days after they are made in writing and deposited in the United States mail addressed as follows:

COUNTY:

Housing and Workforce Solutions
3403 Tenth St. Ste. 300
Riverside, CA 92501

SUBRECIPIENT:

City of Murrieta
1 Town Square
Murrieta, CA 92562

41. SIGNED IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

42. ELECTRONIC SIGNATURES (after SIGNED IN COUNTERPARTS HHPWSCoC-HHIP-02
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This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency.

Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code.

43. MODIFICATION OF TERMS
This Agreement may be modified only by a written amendment signed by authorized representatives of both parties.

44. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. All prior or contemporaneous agreements of any kind or nature relating to the same subject matter shall be of no force or effect.

IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

Authorized Signature for SUBRECIPIENT:

Authorized Signature for COUNTY:

Printed Name of Person Signing:

Printed Name of Person Signing:

Heidi Marshall
Title:

City Manager
Title: Director

Date Signed: Date Signed:

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Schedule A
Payment Provisions

A.1 METHOD, TIME, AND CONDITIONS OF PAYMENT
a. SUBRECIPIENT shall be reimbursed by COUNTY, for an amount not to exceed $1,370,906.70 Said funds shall be spent according to the Budget shown below.

The table above may be changed (without changing the Total amount) with written approval from HWS.

b. SUBRECIPIENT shall be reimbursed for eligible costs only. SUBRECIPIENT shall submit claims for reimbursement of eligible costs on a monthly basis no later than thirty (30) days after the end of each month in which the costs were incurred. Each claiming period shall consist of a calendar month.

c. With each claim for reimbursement of eligible costs, SUBRECIPIENT shall submit:

1. Contractor Payment Request, example of which is attached hereto as Attachment II and incorporated herein by this reference;

2. Time/Activity Report Attachment IV and Performance Monthly Report Attachment IX, an example of Time/Activity Report Attachment IV and Monthly Performance Report Attachment IX of which are attached hereto as Attachment IV and Attachment IX are incorporated herein by this reference; and

3. The required supporting documentation set forth in Attachment III, Supporting Documentation Instructions, attached hereto and incorporated herein by this reference. If the required supporting documentation is not provided, COUNTY may delay payment until the documentation is received by COUNTY. COUNTY reserves the right to request additional information and clarification to determine the reasonableness and eligibility of all costs to be paid with funds made available by this Agreement.

d. All complete claims submitted in a timely manner shall be processed within forty-five (45) calendar days. COUNTY is the pass-thru agency for these funds. Once a claim is reviewed and approved, COUNTY shall submit a Request for Funds to the State. When the requested funds are received from the State, COUNTY shall remit payment to the SUBRECIPIENT. In total, this process can take 4-6 weeks.

ESG-CV - Street Outreach

March 4, 2020–February 28, 2023
Direct Staff Costs $228,825.00
Other Direct Costs $8,425.20
Indirect Costs $11,862.50
ESG-CV Emergency Shelter
March 4, 2020–February 28, 2023
Direct Costs $743,042.40
County COVID-19 Emergency Shelter
March 04, 2020 – June 30, 2022
Allowable shelter / Operating
expenses $153,035.35
HHIP Street Outreach and Outreach
Support

March 1, 2023 – September 30, 2024
Direct Staff Cost $140,706.80
Other Direct / Operations $74,261.14
Indirect/Admin $10,748.39
TOTAL $1,370,906.70
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First Amended and Restated Agreement

e. All ESG Program funds shall be expended by the termination date of this Agreement, or by the deadline to expend Program funds as set forth in Standard Agreement No. 20-ESGCV1- 0009 between HCD and the County of Riverside, whichever comes first.

f. Disallowed Costs include, but not limited to, any ineligible costs by the program and funder and any costs that can be avoided or minimized under proper management and accounting principles such as late fees and penalty, as determined by HWS and/or any Federal/State funder.”

g. All HHIP funds shall be expended by September 30, 2024.

A.3 WITHHELD PAYMENTS
Payments to SUBRECIPIENT may be withheld by COUNTY if SUBRECIPIENT fails to comply with any provision of this Agreement.

A.4 DISALLOWANCE
If SUBRECIPIENT receives payment under this Agreement which is later disallowed by COUNTY for nonconformance with this Agreement, SUBRECIPIENT shall be required to promptly reimburse these funds to COUNTY and shall be prohibited from submitting to COUNTY reimbursement requests for subsequent ESG Program funds until COUNTY is fully reimbursed or, at its option, COUNTY may offset the amount disallowed from any payment due to SUBRECIPIENT.

If it is determined that a SUBRECIPIENT falsified any certification, RFP information, financial, or contract report, SUBRECIPIENT shall be required to reimburse the full amount of the ESG Program award to COUNTY, and may be prohibited from any further participation in the ESG Program. COUNTY may impose any other actions permitted under 24 CFR 576.501 (c).

A.5 FISCAL ACCOUNTABILITY
a. SUBRECIPIENT agrees to manage funds received through COUNTY in accordance with sound accounting policies; incur and claim only eligible costs for reimbursement; and adhere to accounting standards established in 2 CFR Part 200.
b. SUBRECIPIENT must establish and maintain on a current basis an accrual accounting system in accordance with generally accepted accounting principles and standards. Further, SUBRECIPIENT must develop an accounting procedure manual. Said manual shall be made available to COUNTY upon request or during fiscal monitoring visits.

A.6 BUDGET AMENDMENTS
SUBRECIPIENT shall make no changes to the budget without first obtaining written approval from the COUNTY. Any budget amendments must be requested by the SUBRECIPIENT in writing.

A.7 FINAL REIMBURSEMENT
Unless approved by HWS in writing, all final requests for reimbursement of authorized ESG- CV2 expenditures under this Grant must be submitted to HWS no later than February 28, 2023 and all final request for reimbursement of authorized HHIP expenditures under this Grant must be submitted to HWS no later than September 30, 2024.

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

Schedule B
Scope of Services
B.1 GENERAL REQUIREMENTS
SUBRECIPIENT shall adhere to all applicable provisions outlined in Standard Agreement No. 20-ESGCV1-00009 and IEHP Agreement HWSCoC-0004868, and SUBRECIPIENT shall cooperate with COUNTY in fulfilling its obligations under Standard Agreement No. 20-ESGCV1- 00009 (Attachment VI) from March 04, 2020 through February 28, 2023 and HWSCoC-0004868 IEHP Agreement (Attachment VIII) from March 01, 2023 through September 30, 2024. In addition, SUBRECIPIENT shall:

a. Be responsible for the overall administration of the Project, including overseeing all subcontractors, Participant services, case management, medical care, social services support, and legal support. SUBRECIPIENT shall also provide Participant linkages to other sources of support. SUBRECIPIENT shall keep records and reports established to complete the Project in an effective and efficient manner. These records and reports must include racial and ethnic data on Participants for program monitoring and evaluation.

b. Be responsible for meeting the requirements included in Invitation to Bid (ITB) COARC-005 (Attachment V), and LOI-COARC-006 (Attachment VI), Standard Agreement No. 20- ESGCV1-0009 between HCD and COUNTY (Attachment VII) and HWSCoC-0004868 between IEHP and COUNTY (Attachment VIII). ITB-COARC-005, LOI-COARC-006 ,Standard Agreement No. 20-ESGCV1-0009 between HCD and COUNTY and HWSCoC- 0004868 between IEHP and COUNTY are incorporated herein by this reference. In the event any provisions of these documents conflict with each other or this Agreement, the order of precedence shall be as follows: (1) Standard Agreement No. 20-ESGCV1-0009 between HCD and COUNTY from March 04, 2020 through February 28, 2023, (2) HWSCoC- 0004868 IEHP Agreement March 1, 2023 through September 30, 2024, (3) this Agreement, (4) ITB-COARC-005, and (5) LOI-COARC-006.

c. Ensure that all ESG Program participants comply with the regulations applicable to the ESG to the ESG Program as set forth in 24 CFR Part 58, and 24 CFR Part 576. Additionally, nonprofit organizations funded by the ESG Program shall comply with the requirements of 24 CFR Part 84 as though they were sub recipients pursuant to 24 CFR Part 84. Also, units of general local government funded by the ESG Program shall comply with the requirements of 24 CFR Part 85. In the event that any federal or state laws or regulations, including without limitation regulations by the Department of Housing and Urban Development (“HUD”) add, delete, modify, or otherwise change any statutory or regulatory requirements concerning the use or administration of these funds, SUBRECIPIENT shall comply with such requirements, as amended.

d. Participate in and accept its Participant referrals from the CoC CES. The CES is a part of the Riverside County CoC’s cohesive and integrated housing crisis response system with existing programs, bringing them together into a “no-wrong-door” system. The CES is designed to coordinate program Participant intake, assessment, and provision of referrals.

CES participation is a federal and state requirement under HEARTH Act 2009, 24 CFR parts 91 and 576; 24 CFR 576.400(d); and 25 CCR Section 8409.

e. Agree to participate in the HMIS.

1. HMIS security policies and procedures and entering required Participant data on a regular and timely basis.

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2. COUNTY retains the rights to the HMIS and case management software application used in the operations of this property. COUNTY will grant SUBRECIPIENT access to use the HMIS software for the term of this Agreement.

3. SUBRECIPIENT shall ensure that employees using HMIS for Participant intake capture all required data fields, as set forth in the County of Riverside CoC HMIS Policies and Procedures Manual, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/county-of- riverside-coc-hmis-charter-rev-12-7-17-final.pdf?ver=2020-08-05-113900-583

4. SUBRECIPIENT must maintain a valid HMIS End User Agreement on file with the COUNTY, which is located on the County of Riverside CoC website:
https://rivcohhpws.org/sites/g/files/aldnop131/files/cocdocumnets/HMIS/HMIS%20- %20CES%20Account%20Request%20Process.doc

B.2 REPORTING
SUBRECIPIENT shall submit reports, as requested by COUNTY in order for COUNTY to comply with its reporting requirements set forth in Standard Agreement 20-ESGCV1-00009

B.3 ESG-CV STREET OUTREACH OUTCOMES (DATA and ANALYSIS):
03/04/2020 – February 28, 2023
SUBRECIPIENT shall collect and report anticipated performance measures for meeting the following benchmarks:

# of households served
(Note: Performance Report should include breakdown of each type e.g. Single Adult, Youth and Families)
180 Households
# of people served
(Note: Performance Report should include breakdown of each type e.g. Single Adult, Youth and Families)
180 of Persons
# of households connected with any kind of housing and/or services (Note: Report should include breakdown of # of households connected to each type of housing and services.)
144 Households
# of persons connected with any kind of housing and/or services (Note: Report should include breakdown of # of persons connected to each type of housing and services.)
144 Persons
Percentage of persons exiting back into Homelessness No more than 20% Percentage of eligible/willing persons served to retain or obtain mainstream benefits
N/A
Percentage of eligible and willing person to maintain or increase income/employment
N/A

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B.4 PROJECT DETAIL

Project Component Type: Service
Funding Costs for: Street Outreach
Population Focus: Homeless Clients

B.5 STREET OUTREACH SERVICES
SUBRECIPIENT will:

a. Provide Street Outreach services to 460 persons in Riverside County’s Supervisorial District 4 to prevent, prepare and respond to the coronavirus.

b. Fund a full-time street outreach team to serve the communities in District 4, with a focus on placing individuals into existing emergency housing sites for relief and social distancing related to the coronavirus. The outreach team will target, when possible, the most vulnerable including seniors, unaccompanied women, and veterans.

c. Focus on working with the unsheltered population who are NOT connected with other services such as day centers and emergency shelters, as these persons have the ability to access services and case management from these providers. Street Outreach work is unique with the ability to reach those who cannot or will not reach services on their own.

d. Co-facilitate and participate in a regional Street Outreach Collaborative that will include other Street Outreach Teams that will meet regularly to coordinate outreach and case conference. As a recipient of Continuum of Care Street Outreach funding, SUBRECIPIENT may, on an as needed basis, be required to participate in outreach responses and cover evenings and weekends on an on-call rotational basis.

B.6 ELIGIBILITY
Sub recipient will document that all program participants who receive street outreach services must meet the eligibility criteria of paragraph (1) of the “homeless” definition or who meet the criteria under paragraph (4) of the “homeless” definition and live in an emergency shelter or other place described in paragraph (1) of the “homeless” definition of 24 CFR § 576.2.

B.7 DIVERSION
Diversion is a strategy that helps people experiencing a housing crisis to identify and access safe alternatives to an emergency shelter quickly. Street outreach workers should work to resolve problems through natural supports and progressive engagement of “lighter touch” solutions before providing a more intensive response through the shelter system or any other homeless service. Diversion includes services such as: creative problem-solving conversations; connecting with community resources and family supports; housing search and placement to help individuals and families resolve their immediate housing crisis.

B.8 UNIVERSAL ASSESSMENT
If an individual or family cannot be diverted from the homeless system of care, street outreach workers will complete the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT). The Coordinated Entry System utilizes the VI-SPDAT, TAY VI-SPDAT, and Family VI- SPDAT for determination of housing needs and vulnerability prioritization. The VI- HHPWSCoC-HHIP-02
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SPDAT is a brief survey that can be conducted to quickly determine whether a client has high, moderate, or low acuity and vulnerability. These are taken into consideration with other factors to determine housing and services prioritization.

B.9 ELIGIBLE COSTS
Eligible costs for Street Outreach services include providing essential services necessary to reach out to unsheltered homeless individuals and families, connect them with emergency shelter, housing, or critical services, and provide them with urgent, non-facility-based care.

Component services consist of engagement, case management, emergency health and mental health services, and transportation. Specific requirements and eligible costs include:

1. Engagement: The costs of activities to locate, identify, and build relationships with unsheltered homeless people including:
a. Initial assessment of needs and eligibility (VI-SPDAT) b. Providing crisis counseling
c. Actively connecting and providing information and referrals to programs targeted to homeless people and mainstream social services and housing programs d. Addressing urgent physical needs, such as providing meals, blankets, clothes, or toiletries
e. Cell phone costs for outreach workers during the performance of street outreach activities
f. Salaries of staff conducting engagement work

2. Case Management: The costs of assessing housing or service needs, arranging, coordinating, monitoring the delivery of individualized services including:
a. Using Riverside County Coordinated Entry system
b. Initial evaluation including verifying and documenting eligibility c. Counseling
e. Obtaining Federal, state, and local benefits
f. Monitoring and evaluating participant progress
g. Providing information and referrals to other providers h. Developing an individualized housing and service plan, including planning a path to permanent housing stability
i. Salaries of staff conducting case management

3. Emergency Health Services: The costs of outpatient treatment of medical conditions provided by licensed medical professionals operating in community-based settings (e.g. streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility. Eligible treatment consists of:
a. Assessing participant’s health problems and developing a treatment plans b. Assisting participants to understand their health needs c. Providing or helping participants to obtain appropriate emergency medical treatment d. Providing medication and follow-up services.

4. Emergency Mental Health Services: The costs of outpatient treatment of urgent mental health conditions by licensed mental health professionals in community-based settings (e.g. streets, parks, and campgrounds) to those eligible participants unwilling or unable to access emergency shelter or an appropriate healthcare facility, including:
a. Crisis interventions
b. The prescription of psychotropic medications
c. Explanation about the use and management of medications HHPWSCoC-HHIP-02
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d. Combinations of therapeutic approaches to address multiple problems

5. Transportation– The costs of travel by outreach workers, social workers, medical professionals, or other service providers during the provision of services eligible street outreach services, including:
a. The costs of transporting unsheltered people to emergency shelters or other service facilities
b. The cost of a participant’s travel on public transit c. Mileage allowance for service workers to visit program participants d. Purchasing or leasing a vehicle for staff use in conducting outreach activities, including the cost of gas, insurance, taxes and maintenance for the vehicle e. Costs of staff to accompany or assist participants to use public transportation

6. Services Special Populations: The costs of otherwise eligible Street Outreach services that have been tailored to address the needs of the special needs of homeless youth, victims of domestic violence and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless, including:
a. Engagement
b. Case Management
c. Emergency Health Services
d. Emergency Mental Health Services
e. Transportation
f. Housing Assistance

B.10 HMIS
Street Outreach sub recipients are required to enter participants into HMIS at first contact per the ESG and CoC Interim Rule (24 CFR 576 and 578). This helps to ensure coordination between service providers through the Coordinated Entry System (CES) while avoiding duplication of services and participant data and provides an opportunity to document homelessness.

Street Outreach requirements in HMIS:

1. Complete enrollment (project start date & demographics)

2. Complete Household (Family ID)

3. HUD Entry Assessment

4. Outreach and Services Engagement (Taken just once per enrollment)

5. Outreach and Services Contact (Taken at each contact with client)

6. HUD Exit Assessment/Program Dismissal

B.11 STREET OUTREACH FILE CHECKLIST
The basis of all determinations (eligibility, assistance needed, assistance provided, etc.) must be supported by the evidence documented in the case file. Minimum Documentation should include but is not limited to:

1. Proof of eligibility - Documentation of Homelessness, must follow HUD’s prioritization of documentation of homelessness and 24 CFR 576.500.

2. Program Intake Documents such as:
a. HMIS Release of Information,
b. Notice of Privacy Practices,
c. Participant grievance,
d. Participant consent form,
e. Participant identification, if applicable
HHPWSCoC-HHIP-02
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f. Release(s) of Information if applicable.

3. Case Plan that shows the street outreach worker and program participant developed a plan to assist the program participant to enter permanent housing or sheltered services.

4. Case notes that reflect the program participant met with the street outreach worker to work on case plan goals.

5. Back-up documentation for the services and assistance provided to that program participant, including, as applicable, gas voucher, bus pass, DMV receipt, etc.

6. Referrals made by the sub recipient to program participant to obtain mainstream and other resources as needed.

7. Program Discharge/Exit paperwork

B.12 EMERGENCY SHELTER OUTCOMES (DATA and ANALYSIS) 03/04/2020 – February 28, 2023
SUBRECIPIENT shall collect and report anticipated performance measures for meeting the following benchmarks:
# of households served
(Note: Performance Report should include breakdown of each type e.g. Single Adult, Youth and Families)
432 Households
# of people served
(Note: Performance Report should include breakdown of each type e.g. Single Adult, Youth and Families)
432 of Persons
# of households to achieve housing stability 345 Households # of persons to achieve housing stability 345 Persons Percentage of persons exiting back into Homelessness No more than 20% Percentage of eligible/willing persons served to retain or obtain mainstream benefits
80%
Percentage of eligible and willing person to maintain or increase income/employment
80%

B.13 PROJECT DETAIL

Project Component Type: Service
Funding Costs for: Emergency Shelter
Population Focus: Homeless Clients

B.14 EMERGENCY SHELTER SERVICES
SUBRECIPIENT shall:

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

a. Provide essential services to clients placed in emergency shelter including case management, employment assistance, outpatient health and mental health services, life skills training, and substance abuse treatment. Additionally, SUBRECIPIENT will utilize emergency shelter funds for rehabilitation and shelter operations, including maintenance of the facility.

b. Will not require occupants to sign leases or occupancy agreements. SUBRECIPIENT should embrace a Housing First approach, offer immediate and low-barrier access to anyone facing a housing crisis. Shelter stays, when deemed necessary, should be limited to the shortest time possible to help participants regain permanent housing.

c. To provide a safe, secure, and clean place to stay for those who cannot be diverted from the homeless system of care. SUBRECIPIENT is to provide a short-term placement while permanent or more long-term housing options are obtained, and shelter provide support with accessing housing resources in the community.

B.15 ELIGIBILITY
SUBRECIPIENTS must determine that individuals and families meet one or more of HUD’s Criteria for Defining Homelessness and assess their vulnerability to ensure that only those individuals or families that have the greatest need for emergency shelter assistance receive ESG-funded assistance.

SUBRECIPIENTS will document that all program participants who receive Emergency Shelter assistance meet the eligibility criteria of paragraph (1), (2), or (4) of the "homeless" definition in § 576.2.

Paragraph (1) of the homeless definition:

An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:

1. An individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground;

2. An individual or family living in a supervised publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transitional housing, and hotels and motels paid for by charitable organizations or by federal, state, or local government programs for low-income individuals); or

3. An individual who is exiting an institution where he or she resided for 90 days or less and who resided in an emergency shelter or a place not meant for human habitation immediately before entering that institution;

Paragraph (2) of the homeless definition:

An individual or family who will imminently lose their primary nighttime residence, provided that:

1. The primary nighttime residence will be lost within 14 days of the date of application for homeless assistance;

2. No subsequent residence has been identified; and

3. The individual or family lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, needed to obtain other permanent housing;

Paragraph (4) of the homeless definition:

Any individual or family who:

1. Is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions that relate to violence against the individual or a family member, including a child, that has either taken place within the HHPWSCoC-HHIP-02
First Amended and Restated Agreement

individual's or family's primary nighttime residence or has made the individual or family afraid to return to their primary nighttime residence;

2. Has no other residence; and

3. Lacks the resources or support networks, e.g., family, friends, faith-based or other social networks, to obtain other permanent housing.

B.16 DIVERSION
Diversion is a strategy that helps people experiencing a housing crisis to identify and access safe alternatives to an emergency shelter quickly. Emergency shelter staff should work to resolve problems through natural supports and progressive engagement of “lighter touch” solutions before providing a more intensive response through the shelter system or any other homeless service. Diversion includes services such as: creative problem-solving conversations; connecting with community resources and family supports; housing search and placement to help individuals and families resolve their immediate housing crisis.

SUBRECIPIENTS should engage in diversion strategies to reduce new entries into homelessness, cut down on shelter wait lists, reduce demand for limited shelter beds, and to target more intensive homelessness interventions to those with higher needs.

B.17 UNIVERSAL ASSESSMENT
If an individual or family cannot be diverted from the homeless system of care, emergency shelter workers will coordinate with Coordinated Entry so the individual or family can complete the Vulnerability Index Service Prioritization Decision Assistance Tool (VI-SPDAT). The Coordinated Entry System utilizes the VI-SPDAT, TAY VI-SPDAT, and Family VI-SPDAT for determination of housing needs and vulnerability prioritization. These are taken into consideration with other factors to determine housing and services prioritization.

B.18 ESSENTIAL SERVICES
SUBRECIPEINT may use funds for costs of providing essential services to homeless families and individuals in emergency shelters, and operating emergency shelters. ESG funds may be used to provide essential services to individuals and families who are in an emergency shelter, as follows:

1. Case management: The cost of assessing, arranging, coordinating, and monitoring the delivery of individualized services to meet the needs of the program participant is eligible. Component services and activities consist of:
a. Using the centralized or coordinated assessment system as required under; b. Conducting the initial evaluation, including verifying and documenting eligibility; c. Counseling;
d. Developing, securing, and coordinating services;
e. Obtaining Federal, State, and local benefits;
f. Monitoring and evaluating program participant progress; g. Providing information and referrals to other providers; h. Providing ongoing risk assessment and safety planning with victims of domestic violence, dating violence, sexual assault, and stalking; and i. Developing an individualized housing and service plan, including planning a path to permanent housing stability.

2. Child care: The costs of child care for program participants, including providing meals and snacks, and comprehensive and coordinated sets of appropriate developmental activities, are eligible. The children must be under the age of 13 unless they are disabled. Disabled children must be under the age of 18. The child- HHPWSCoC-HHIP-02
First Amended and Restated Agreement

care center must be licensed by the jurisdiction in which it operates in order for its costs to be eligible.

3. Education services: When necessary for the program participant to obtain and maintain housing, the costs of improving knowledge and basic educational skills are eligible, including:
a. Instruction or training in consumer education,
b. Health education,
c. Substance abuse prevention,
d. Literacy, English as a Second Language, and General Educational Development (GED).
e. Screening, assessment and testing;
f. Individual or group instruction;
g. Tutoring;
h. Provision of books, supplies and instructional material; i. Counseling; and
j. Referral to community resources.

4. Employment assistance and job training: The costs of employment assistance and job training programs including classroom, online, and/or computer instruction; on- the-job instruction; and services that assist individuals in securing employment, acquiring learning skills, and/or increasing earning potential. a. The cost of providing reasonable stipends to program participants in employment assistance and job training programs is an eligible cost. b. Learning skills include those skills that can be used to secure and retain a job, including the acquisition of vocational licenses and/or certificates. c. Services that assist individuals in securing employment consist of employment screening, assessment, or testing; structured job skills and job-seeking skills; special training and tutoring, including literacy training and prevocational training; books and instructional material; counseling or job coaching; and referral to community resources.

5. Outpatient Health Services: Eligible costs are for the direct outpatient treatment of medical conditions and are provided by licensed medical professionals. Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate health services are unavailable within the community. Eligible treatment consists of:
a. assessing a program participant's health problems and developing a treatment plan;
b. assisting program participants to understand their health needs; c. providing directly or assisting program participants to obtain appropriate medical treatment, preventive medical care, and health maintenance services, including emergency medical services;
d. providing medication and follow-up services;
e. Providing preventive and non-cosmetic dental care.

6. Legal Services: Eligible costs are the hourly fees for legal advice and representation by attorneys licensed and in good standing with the bar association of the state in which the services are provided, and by person(s) under the supervision of the licensed attorney, regarding matters that interfere with the program participant's ability to obtain and retain housing. Emergency Solutions Grant (ESG) funds may be used only for these services to the extent that other appropriate legal services are unavailable or inaccessible within the community. Eligible subject matters are:

HHPWSCoC-HHIP-02
First Amended and Restated Agreement

a. Child support, guardianship, paternity, emancipation, and legal separation, orders of protection and other civil remedies for victims of domestic violence, dating violence, sexual assault, and stalking, appeal of veterans and public benefit claim denials, and the resolution of outstanding criminal warrants. b. Component services or activities may include: participant intake, preparation of cases for trial, provision of legal advice, representation at hearings, and counseling. c. Eligible Costs: Fees based on the actual service performed (i.e., fee for service) are also eligible, but only if the cost would be less than the cost of hourly fees. Filing fees and other necessary court costs are also eligible. d. Ineligible Costs include: Legal services for immigration and citizenship matters, issues relating to mortgages, and retainer fee arrangements and contingency fee arrangements.
e. If the sub recipient is a legal services provider and performs the services itself, the eligible costs are the sub recipient's employees' salaries and other costs necessary to perform the services.

7. Life Skills Training: The costs of teaching critical life management skills that may never have been learned or have been lost during the course of physical or mental illness, domestic violence, substance use, and homelessness are eligible costs. These services must be necessary to assist the program participant to function independently in the community. Component life skills training are:
a. Budgeting resources,
b. Managing money,
c. Managing a household,
d. Resolving conflict,
e. Shopping for food and needed items,
f. Improving nutrition,
g. Using public transportation,
h. Parenting.

8. Mental Health Services: Eligible costs are the direct outpatient treatment by licensed professionals of mental health conditions. ESG funds may only be used for these services to the extent that other appropriate mental health services are unavailable or inaccessible within the community. Mental health services are the application of therapeutic processes to personal, family, situational, or occupational problems in order to bring about positive resolution of the problem or improved individual or family functioning or circumstances. Problem areas may include family and marital relationships, parent-child problems, or symptom management. Eligible treatment consists of:

a. Crisis interventions;
b. Individual, family, or group therapy sessions;
c. The prescription of psychotropic medications or explanations about the use and management of medications;
d. Combinations of therapeutic approaches to address multiple problems.

9. Substance Abuse Treatment Services: Eligible substance abuse treatment services are designed to prevent, reduce, eliminate, or deter relapse of substance abuse or addictive behaviors and are provided by licensed or certified professionals.

ESG funds may only be used for these services to the extent that other appropriate HHPWSCoC-HHIP-02
First Amended and Restated Agreement

substance abuse treatment services are unavailable or inaccessible within the community. Eligible treatment consists of:
a. Participant intake and assessment,
b. Outpatient treatment for up to 30 days
c. Group and individual counseling and drug testing are eligible costs d. Ineligible costs include: Inpatient detoxification and other inpatient drug or alcohol treatment

10. Transportation: Eligible costs consist of the transportation costs of a program participant's travel to and from medical care, employment, child care, or other eligible essential services facilities. These costs include the following:
a. The cost of a program participant's travel on public transportation; b. If service workers use their own vehicles, mileage allowance for service workers to visit program participants;
c. The cost of purchasing or leasing a vehicle for the recipient or sub recipient in which staff transports program participants and/or staff serving program participants, and the cost of gas, insurance, taxes, and maintenance for the vehicle; d. The travel costs of recipient or sub recipient staff to accompany or assist program participants to use public transportation.

11. Services for Special Populations: Funds may be used to provide services for homeless youth, victim services, and services for people living with HIV/AIDS, so long as the costs of providing these services are eligible. The term victim services means services that assist program participants who are victims of domestic violence, dating violence, sexual assault, or stalking, including services offered by rape crisis centers and domestic violence shelters, and other organizations with a documented history of effective work concerning domestic violence, dating violence, sexual assault, or stalking.

B.19 REHABILITATION
Eligible costs include labor, materials, tools, and other costs for renovation (including major rehabilitation of an emergency shelter or conversion of a building into an emergency shelter).

B.20 OPERATIONS
Eligible costs are:

1. the costs of maintenance (including minor or routine repairs),

2. rent,

3. security,

4. fuel,

5. equipment,

6. insurance,

7. utilities,

8. food,

9. furnishings,

10. Supplies necessary for the operation of the emergency shelter.

11. Where no appropriate emergency shelter is available for a homeless family or individual, eligible costs may also include a hotel or motel voucher for that family or individual.

Ineligible operating or maintenance costs include:

1. Recruitment or on-going training of staff

2. Depreciation
HHPWSCoC-HHIP-02
First Amended and Restated Agreement

3. Costs associated with the organization rather than the supportive housing project (advertisements, pamphlets about organization, surveys, etc.)

4. Staff training, entertainment, conferences, or retreats

5. Public relations or fund raising

6. Bad debts/late fees

7. Mortgage payments

B.21 OTHER EMERGENCY SHELTER REQUIREMENTS

1. Lead-Based Paint Sub recipients will comply with all lead-based paint requirements and maintain documentation. Generally, these provisions require the recipient to screen for, disclose the existence of, and take reasonable precautions regarding the presence of lead- based paint in leased or assisted units constructed prior to 1978. ESG-funded programs are required to incorporate the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821- 4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4846), and 24 CFR part 35, subparts A, B, H, J, K, M, and R apply to all shelters assisted under ESG program and all housing occupied by program participants.

2. Minimum standards for emergency shelters Any building for which Emergency Solutions Grant (ESG) funds are used for conversion, major rehabilitation, or other renovation, must meet state or local government safety and sanitation standards, as applicable, and the following minimum safety, sanitation, and privacy standards. Any emergency shelter that receives assistance for shelter operations must also meet the following minimum safety, sanitation, and privacy standards. The sub recipient may also establish standards that exceed or add to these standards but at a minimum must include:
a. Structure and materials: The structures must be structurally sound to protect residents from the elements and not pose any threat to the health and safety of the residents.
b. Space and security: Each resident must be provided adequate space and security for themselves and their belongings: Each resident must be provided an acceptable place to sleep.
c. Interior air quality: Each room or space must have a natural or mechanical means of ventilation. The interior air must be free of pollutants at a level that might threaten or harm the health of residents.
d. Water supply: The water supply must be free from contamination. e. Sanitary facilities: Residents must have access to sufficient sanitary facilities that are in proper operating condition, are private, and are adequate for personal cleanliness and the disposal of human waste.
f. Thermal environment: The housing must have any necessary heating/cooling facilities in proper operating condition.
g. Illumination and electricity: The structure must have adequate natural or artificial illumination to permit normal indoor activities and support health and safety. There must be sufficient electrical sources to permit the safe use of electrical appliances in the structure.
h. Food preparation: All food preparation areas must contain suitable space and equipment to store, prepare, and serve food in a safe and sanitary manner. i. Sanitary conditions: The housing must be maintained in a sanitary condition. j. Fire safety:
-There must be a second means of exiting the building in the event of fire or other emergency.
-Each unit must include at least one battery-operated or hard-wired smoke detector, in proper working condition, on each occupied level of the unit. Smoke detectors must be located, to the extent practicable, in a hallway adjacent to a HHPWSCoC-HHIP-04

bedroom. If the unit is occupied by hearing impaired persons, smoke detectors must have an alarm system designed for hearing-impaired persons in each bedroom occupied by a hearing-impaired person.
-The public areas of all housing must be equipped with a sufficient number, but not less than one for each area, of battery-operated or hard-wired smoke detectors.

Public areas include, but are not limited to, laundry rooms, community rooms, day care centers, hallways, stairwells, and other common areas.

Minimum Habitability Standards with Checklist:
https://www.hudexchange.info/resource/3766/esg-minimum-habitability-standardsfor-emergency- shelters-and-permanent-housing/
SUBRECIPEINTS must maintain documentation of the completed checklist (or equivalent documentation) should be placed in a file pertaining to the shelter.

3. Violence Against Women Act (VAWA)
The following requirements apply to emergency shelters:
a. No individual or family may be denied admission to or removed from the emergency shelter on the basis or as a direct result of the fact that the individual or family is or has been a victim of domestic violence, dating violence, sexual assault, or stalking, if the individual or family otherwise qualifies for admission or occupancy. b. The terms "affiliated individual,” "dating violence,” "domestic violence,” "sexual assault," and "stalking" are defined in 24 CFR 5.2003.

4. Prohibition against involuntary family separation The age and gender of a child under age 18 cannot be used as a basis for denying any family's admission to emergency shelter. All shelters funded with federally-originated dollars must adhere to this rule.

5. Safety and Security Sub recipients should have policies and procedures in place which address providing a safe environment for emergency shelter staff and participants. Policies and procedures may vary depending on the location and population being served.

6. Minimum Period of Use Where the sub recipient uses ESG funds solely for essential services or shelter operations, the sub recipient must provide services or shelter to homeless individuals and families at least for the period during which the ESG funds are provided. The sub recipient does not need to limit these services or shelter to a particular site or structure, so long as the site or structure serves the same type of persons originally served with the assistance (e.g., families with children, unaccompanied youth, disabled individuals, or victims of domestic violence)or serves homeless persons in the same area where the sub recipient originally provided the services or shelter.

7. Length of Stay ESG sub recipients must also reassess emergency shelter participants on an ongoing basis, to determine the earliest possible time that a participant can be discharged to permanent housing. Program participants can remain in the emergency shelter for up to 6 months. Sub recipients will discharge participants when they have reached the end of the stay.

SUBRECIPIENTS will coordinate with Coordinated Entry to determine whether there are other options for housing available. Every effort should be made to prevent discharging participants to the street or other unsheltered location.

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B.22 HMIS
https://files.hudexchange.info/resources/documents/ESG-Program-HMIS-Manual.pdf All Emergency Shelter programs are required to enter participants in to HMIS at first contact per the ESG and CoC Interim Rule (24 CFR 576 and 578). This helps to ensure coordination between service providers through the Coordinated Entry System (CES) while avoiding duplication of services and participant data and provides an opportunity to document homelessness.

Projects funded under ESG where the sub recipient is a victim services provider may not enter client-level data into an HMIS; instead, they must use a comparable database to collect client- level data over time and generate unduplicated aggregate reports based on that data.

Emergency Shelter workflow in HMIS:

1. Complete enrollment (project start date & demographics)

2. Complete Household (Family ID)

3. HUD Entry Assessment

4. Annual Assessment (if applicable)

5. HUD Exit Assessment/Program Dismissal

B.23 FILE CHECKLIST
The basis of all determinations (eligibility, assistance needed, assistance provided, etc.) must be supported by the evidence documented in the case file. Minimum Documentation should include but is not limited to:

1. Proof of eligibility -Documentation of Homelessness, must follow HUD’s prioritization of documentation of homelessness and 24 CFR 576.500.

2. Program Intake Documents including:
a. HMIS Release of Information,
b. Notice of Privacy Practices,
c. Participant grievance,
d. Participant consent form,
e. Release of Information if applicable,
f. Other sub recipient documentation

3. Identification – if participant does not have ID it should not prevent them from entering the shelter. The case plan may focus on assisting participants with obtaining their ID if it will be needed for housing, employment, benefits, etc.

4. Assessment

5. Case plans – should be focused on housing and addressing barriers to housing.

6. Case notes – should be focused on tasks related to participant plan and participant obtaining housing.

7. Any back-up documentation for services provided to participant. For example, if a participant was provided a bus pass to travel to employment, a copy of that bus pass should be in the participant file.

8. Copies of any documentation provided to the participant. For example, if a participant is given a warning letter for behavioral issues, a copy of that letter should be in the participant file.

9. Participant grievance, if applicable

10. Discharge/Termination forms used by agency

B 24 HHIP STREET OUTREACH OUTCOMES 03/01/2023 – 09/30/2024:

HHPWSCOC-HHIP-04

Performance Measurements Outcome Statement Part A:

Outcomes (Data Analysis) are separated between outreach engagements, and people housed. “Engagements” are individuals who have given consent to receive services from outreach staff and have become part of the outreach staff’s caseload. “Housed” is a total number of unsheltered homeless people that have been permanently housed.

Unduplicated Engagements People/Households Housed
50 24

STREET OUTREACH Performance Measurements Outcome Statement Part B Outcomes (Data Analysis) require SUBRECIPIENT to enter services into HMIS for collecting and reporting on HHIP priority metrics as outlines below.

HHIP Priority Measure Clients Served
# of MCP members experiencing homelessness ###
# of MCP members who received care from a street medicine outreach team
###
# of MCP members experiencing homelessness who were
successfully engaged in ECM
###
# of MCP members experiencing homelessness receiving at least one housing related community supports, including:

1. Housing Transition Navigation

2. Housing Deposits

3. Housing Tenancy and Sustaining
Services

4. Recuperative Care

5. Short-Term Post Hospitalization Housing

6. Day Habilitation Programs
###
MCP members who were successfully housed from January 1, 2023- October 31, 2023
###

B.25 PROJECT DETAIL

Project Component Type: Service
Funding Costs for: Street Outreach
Population Focus: Homeless Clients

B.26 STREET OUTREACH SERVICES
SUBRECIPIENT will:

a. Target the general unsheltered homeless people throughout Riverside County. The term “unsheltered homeless people” means an individual or family with a primary nighttime residence that is a public or private place not meant for human habitation, such as cars, parks, abandoned buildings, busses, train stations, airports, or camping grounds.

HHPWSCOC-HHIP-04

b. Fund one (1) street outreach teams to serve the communities in District 3.

c. Focus on working with new engagements they encounter in places not meant for human habitation, who are not yet connected to other agencies providing assistance or case management services. Street outreach should be focused on those who cannot or will not seek services on their own.

d. In the event of a County declared emergency, natural disaster or event that presents immediate threat to unsheltered homeless people, SUBRECIPIENT will be required to have emergency procedures in place to provide staff coverage for night and weekend street outreach. SUBRECIPIENT will work alongside CoC to identify, respond and provide services to meet the needs of unsheltered individuals during said event and its immediate aftermath.

e. As a condition of the award of Street Outreach funding, SUBRECIPIENT will be required to enroll all street outreach engagements into a Medi-Cal Managed Care Plan, making client wellness a top priority to the street outreach process. Outreach staff will assist with making wellness exams, assist clients with managing and keeping their appointments, and providing transportation to and from wellness appointments.

f. Street Outreach staff will assume case management responsibilities for their clients until another entity or agency providing ongoing case management services assumes the role, and a warm hand off has been made. The term “warm hand off” means that a proper introduction has been made between the client(s) and the new service provider, the wellness plan and progress made toward goals have been shared, and all parties understand and consent to the change in service provider. The term “case management” means to assess housing and service needs, arrange, coordinate, and monitor the delivery of individualized services, including:

1. Using the Riverside County Coordinated Entry System.

2. Initial evaluation including verifying and documenting eligibility (e.g., verification of homelessness and/or chronic homelessness).

3. Assist client in obtaining needed documents to be considered “document ready” such as CA identification, social security card, birth certificate, bank statements, letter of homelessness, and all benefit award letters.

4. Developing an individualized “Wellness Plan” that encompasses housing, services, and wellness.

5. Assist and support with mapping out and executing the wellness plan.

6. Counseling or connection to therapeutic supports.

7. Obtaining Federal, state, and local benefits.

8. Monitoring and evaluating participant progress and providing added support in areas of need.

9. Providing information and referrals to other agencies.

10. Collaborating with other providers and agencies to meet client needs.

B.27 ELIGIBILITY
Sub recipient will document that all program participants who receive street outreach services must meet the eligibility criteria of paragraph (1) of the “homeless” definition or who meet the criteria under paragraph (4) of the “homeless” definition and live in an emergency shelter or other place described in paragraph (1) of the “homeless” definition of 24 CFR § 576.2.

B.28 DIVERSION
Diversion is a strategy that helps people experiencing a housing crisis to identify and access safe alternatives to an emergency shelter and housing services quickly. Outreach staff should HHPWSCOC-HHIP-04

be able to execute various forms of diversion techniques to the appropriate situations.

Diversion includes services such as: creative problem-solving conversations, family reunification support, conflict resolution mediation, housing search and placement, and obtaining transport to home of residence (bus ticket home).

If an individual or family cannot be diverted from the homeless system of care, street outreach workers will complete an assessment using the tool approved by the Coordinated Entry System (CES).

B.29 ASSESSMENT
SUBRECIPIENT must determine an individual’s vulnerability and willingness or ability to independently access services such as emergency shelter, medical services, and housing, prior to providing street outreach services, to ensure that those with the greatest need are served first.

B.30 ELIGIBLE COSTS
Eligible costs for Street Outreach services include providing essential services necessary to reach out to unsheltered homeless individuals and families, connect them with emergency shelter, housing, or critical services, and provide them with urgent, non-facility-based care.

Component services consist of contact, engagement, case management, emergency health and mental health services, and transportation. Specific requirements and eligible costs include:

1. Engagement: The costs of activities to locate, identify, and build relationships with unsheltered homeless people including:
a. Salaries for outreach staff/street medicine staff

2. Emergency Health Services: The costs of outpatient treatment of medical conditions provided by licensed medical professionals operating in community-based settings (e.g., streets, parks).

3. Emergency Mental Health Services: The costs of outpatient treatment of urgent mental health conditions by licensed mental health professionals in community-based settings (e.g., streets, parks).

4. Transportation– The costs of travel by outreach workers, social workers, medical professionals, or other service providers during the provision of services eligible street outreach services.

5. Services Special Populations: The costs of otherwise eligible Street Outreach services that have been tailored to address the needs of the special needs of homeless youth, victims of domestic violence and related crimes/threats, and/or people living with HIV/AIDS who are literally homeless.

B.31 HMIS
Street Outreach subrecipients are required to enter participants into HMIS at first contact per the CoC Interim Rule (24 CFR 576 and 578). This helps to ensure coordination between service providers through the Coordinated Entry System (CES), provides an opportunity to document homelessness, and avoids duplication of services and participant data.

Street Outreach requirements in HMIS:

HHPWSCOC-HHIP-04

1. Complete enrollment (project start date & demographics)

2. Complete Household (Family ID)

3. HUD Entry Assessment

4. Outreach and Services Engagement (Taken just once per enrollment)

5. Outreach and Services Contact (Taken at each contact with client)

6. HUD Exit Assessment/Program Dismissal
B.32 COORDINATED ENTRY SYSTEM (CES)
In addition to direct street engagements, SUBRECIPIENT will accept referrals from the Coordinated Entry System (CES) HomeConnect Hotline which operated as a main entry point for persons experiencing homelessness. CES HomeConnect will utilize the outreach coverage schedule to determine which subrecipient is most appropriate to respond.

SUBRECIPIENT shall assist HomeConnect with system backlog. The Coordinated Entry System has individuals and families who have been awarded a housing connection, but require outreach to provide supportive services, navigation assistance, or case management to obtain housing. Outreach staff will coordinate with CES to obtain referrals that are agency appropriate to assist with housing connection backlog.

B.33 STREET OUTREACH FILE CHECKLIST
The basis of all determinations (eligibility, assistance needed, assistance provided, etc.) must be supported by the evidence documented in the case file. Minimum Documentation should include but is not limited to:

1. Proof of eligibility - Documentation of Homelessness, must follow HUD’s prioritization of documentation of homelessness and 24 CFR 576.500.

2. Program Intake Documents such as:
a. HMIS Release of Information,
b. Notice of Privacy Practices,
c. Participant grievance,
d. Participant consent form,
e. Participant identification, if applicable
f. Release(s) of Information if applicable.

3. Wellness Plan that shows the street outreach provider and program participant developed a plan to assist the program participant in obtaining medical services and permanent housing or sheltered services.

4. Case notes that reflect progress made toward the client’s wellness plan goals.

5. Back-up documentation for the services and assistance provided to that program participant, including, as applicable, gas voucher, bus pass, DMV receipt, etc.

6. Referrals made by the subrecipient to program participant to obtain mainstream and other resources as needed.

7. Program Discharge/Exit paperwork

B.34 SCHEDULING AND PARTICIPATION
SUBRECIPIENT shall co-facilitate and participate in a countywide street outreach collaborative that will include other street outreach teams/street medicine teams. Teams will meet virtually once a week to coordinate outreach efforts. The meeting schedule will be determined and implemented by outreach teams. Outreach teams will co-facilitate in-person outreach meetings monthly to collaborate, support street medicine team(s), refer clients to street medicine services, case conference, and ensure regional coverage. Monthly street outreach meetings will be organized and co-facilitate by the Housing Authority.

HHPWSCOC-HHIP-04

SUBRECIPIENT will develop an outreach coverage schedule in coordination with COUNTY.

Said schedule will be shared with the street outreach collaborative to ensure street outreach coverage across all districts of the county.

SUBRECIPIENT may, on an as needed basis, be required to participate in outreach responses and events.

B.35 SUBRECIPIENT shall complete and submit the Monthly Performance Report by the 10th business day of the following month. (See Attachment IX)

B.36 FINAL REIMBURSEMENT
Unless approved by HWS in writing, all final requests for reimbursement of authorized HHIP expenditures under this Grant must be submitted to HWS no later than 09/1/2024.

HHPWSCOC-HHIP-04

ATTACHMENT I
Assurance of Compliance

ASSURANCE OF COMPLIANCE WITH

THE RIVERSIDE COUNTY HOUSING, HOMELESSNESS PREVENTION AND WORKFORCE SOLUTIONS

NONDISCRIMINATION IN STATE AND FEDERALLY ASSISTED PROGRAMS

City of Murrieta

NAME OF ORGANIZATION

HEREBY AGREES THAT it will comply with Title VI and VII of the Civil Rights Act of 1964 as amended; Section 504 of the Rehabilitation Act of 1973 as amended; the Age Discrimination Act of 1975 as amended; the Food Stamp Act of 1977, as amended and in particular section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code section 11135-11139.5, as amended; California Government Code section 12940 (c), (h) (1), (i), and (j); California Government Code section 4450; Title 22, California Code of Regulations section 98000 – 98413; Title 24 of the California Code of Regulations, Section 3105A(e); the Dymally-Alatorre Bilingual Services Act (California Government Code Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and state laws, as well as their implementing regulations [including 45 Code of Federal Regulations (CFR) Parts 80, 84, and 91, 7 CFR Part 15, and 28 CFR Part 42], by ensuring that employment practices and the administration of public assistance and social services programs are nondiscriminatory, to the effect that no person shall because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed or political belief be excluded from participation in or be denied the benefits of, or be otherwise subject to discrimination under any program or activity receiving federal or state financial assistance; and HEREBY GIVE ASSURANCE THAT it will immediately take any measures necessary to effectuate this Agreement.

THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal and state assistance; and THE VENDOR/RECIPIENT HEREBY GIVES ASSURANCE THAT administrative methods/ procedures which have the effect of subjecting individuals to discrimination or defeating the objectives of the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Chapter 21, will be prohibited.

BY ACCEPTING THIS ASSURANCE, the vendor/recipient agrees to compile data, maintain records and submit reports as required, to permit effective enforcement of the aforementioned laws, rules and regulations and permit authorized CDSS and/or federal government personnel, during normal working hours, to review such records, books and accounts as needed to ascertain compliance. If there are any violations of this assurance, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with Welfare and Institutions Code section 10605, or Government Code section 11135-11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further compliance action and enforcement of this assurance.

THIS ASSURANCE is binding on the vendor/recipient directly or through contract, license, or other provider services, as long as it receives federal or state assistance.

_______________________________ ______________________________ Date City Manager

________________________________
Address of Vendor/Recipient
(08/13/01) CR50-Vendor Assurance of Compliance

HHPWSCOC-HHIP-04

ATTACHMENT II

HHPWSCOC-HHIP-04

HHPWSCOC-HHIP-04

ATTACHMENT III
ESG Supporting Documentation Instructions

SUPPORTING DOCUMENTATION The general rule for supporting documentation is that for any program cost that is to be reimbursed (or used as match), provide the invoice which documents that a cost was incurred, and a receipt, or a copy of a check, a check stub, or copy of bank statement to substantiate the amount paid. Supporting documentation must be legible, clear, and organized. The COUNTY must be able to tie your request to the amounts claimed after each line item on the Claim Form. Costs can only be reimbursed if they have been included in the original Technical Submission/Application.

Documentation for like line items should be clipped together and identified with a summary sheet or label identifying the Line Item Number or the Activity as listed on the Claim Form A spreadsheet itemizing the expenses, or at a minimum, an adding machine tape showing the expenses with a matching amount on the claim form is helpful. The clearer the information is that you provide, the quicker we will be able to process the claim.

The Fiscal Management Reporting Unit reviews each claim for expenses that are:

Allowable Allocable Reasonable

CLAIM DOCUMENTATION REQUIRED BY THE COUNTY

RAPID REHOUSING / EMERGENCY SHELTER
Lease agreement - Must be submitted at time of client entry into the program and each time a lease expires or changes.) Invoice or documentation of rent amount and due date
Proof of payment (receipt and cancelled check or check stub)

STAFF (Street Outreach, Rapid Rehousing, Emergency Shelter, HMIS & Admin)
ESG Program Individual Staff Breakdown form
Time Sheet
Time and Activity Report
Pay Stub or Payroll Report

EXPENSES (Street Outreach, Rapid Rehousing, Emergency
Shelter, HMIS & Admin)
Invoice or receipt that is dated and has a detailed explanation of charges.

Proof of payment (cancelled check or check stub)

HHPWSCoC-HHIP-04

ATTACHMENT IV
ESG Time/Activity Report
DATES: (dates for pay period)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 TOTALRA PID REHOUSING STA FFCase Mgmt 0.00Housing 0.00Total RRH 0.00HOMELESS PREVENTION SERVICES STAFFCase Mgmt 0.00Housing 0.00Total HPS 0.00A DMIN STAFFAdmin 0.00Total A DMIN 0.00Non-Project 0.00Total Non-Project 0.00Vacation 0.00Sick 0.00Holiday 0.00Other Paid Time Off 0.00Total Fringe 0.00TOTALS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00Total Hours 0.00Total Fringe Hrs 0.00Difference 0.00Actual Hrs - RRH0.00Employee Signature DateActual Hrs - HPS0.00Actual Hrs - ADMIN0.00Non-Project Hours 0.00Supervisor Signature Date

AGENCY NAME - EMPLOYEE NAMEHUD EMERGENCY SOLUTION GRANT TIME/ACTIVITY REPORT I certify that this is a true and accurate report of my time and the activities were performed as shown.

HHPWSCoC-HHIP-04

ATTACHMENT IX

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No. 4.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, Development Services Director PREPARED BY: Nolan Berentis, Code Enforcement Supervisor SUBJECT: Abandoned Vehicle Abatement Program Renewal
..title

RECOMMENDATION
Adopt Resolution No. 23-4711, entitled: A Resolution of the City Council of the City of Murrieta, Authorizing the Extension of the Service Fee Collected on behalf of the Riverside County Abandoned Vehicle Service Authority until May 2034; and
Upon approval from the City Attorney, authorize the City Manager to execute an agreement with the County of Riverside to participate in the Vehicle Abatement program.

PRIOR ACTION/VOTE
On July 6, 1993, the City Council adopted Resolution No. 93-225, establishing a service authority for abandoned vehicle abatement (Vote: 4-0-1).

On June 1, 1999, the City Council adopted Resolution No. 99-653, extending the sunset date for five years for the abandoned vehicle abatement program (Vote: 5-0).

On July 16, 2002, the City Council adopted Resolution No. 02-1061, extending the sunset date to May 2014 for the abandoned vehicle abatement program (Vote: 5-0).

On March 5, 2013, the City Council adopted Resolution No. 13-3056, extending the sunset date to May 2024 for the abandoned vehicle abatement program (4-0-1).

CITY COUNCIL GOAL
Provide a high level of innovative public safety.

BACKGROUND
The Riverside County Abandoned Vehicle Abatement Service Authority (AVA Authority) was formed on or about June 1, 1994. The AVA Authority was made possible through provisions of California Vehicle Code Sections 9950.7 and 22710 enacted by the Legislature in 1990. The legislation authorized the establishment of CITY OF MURRIETA Printed on 1/24/2024Page 1 of 2
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Agenda Item No. 4.

Sections 9950.7 and 22710 enacted by the Legislature in 1990. The legislation authorized the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county for the purpose of removing abandoned vehicles.

Beginning in June 1994 and continuing to the present, the AVA Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles. The service fees received by the AVA Authority are used to reimburse local agencies for a portion of their costs incurred as a result of the abatement, removal, and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof. The AVA Authority apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code Section 22710.

Since the establishment of the program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and caused the abatement of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County.

During Fiscal Years 2019-2022, the City of Murrieta (City) towed approximately 59 abandoned, wrecked, dismantled, or inoperative vehicles using the Abandoned Vehicle Abatement program.

In order to continue participating in the program, the City Council must approve the County’s standard agreement, which will be received by the City at a later date upon the transmittal of signed Resolution No. 23- 4711 and the County’s processing. The agreement provides for a 10-year extension of the program.

FISCAL IMPACT
The City of Murrieta has recovered $21,148.67 in abandoned vehicle abatement services from 2019 through 2022. The program also gives the City of Murrieta the ability to participate in the Tipping Fee program.

Without participation in the Abandoned Vehicle Abatement program, the City of Murrieta is not eligible for the cost recovery from the Tipping Fee program. During Fiscal Years 2019-2022, the Tipping Fee program provided $69,867.00 in cost recovery for vehicle and graffiti abatements.

A revenue budget was included in the Fiscal Year 2023/24 Operating Budget for the collection of the Tipping Fee and Abandoned Vehicle Abatement programs.

ATTACHMENTS

1. Resolution No. 23-4711
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RESOLUTION NO. 23-4711

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MURRIETA, AUTHORIZING THE EXTENSION OF THE SERVICE FEE

COLLECTED ON BEHALF OF THE RIVERSIDE COUNTY

ABANDONED VEHICLE ABATE MENT SERVICE AUTHORITY UNTIL
MAY 2034

WHEREAS, the Riverside County Abandoned Vehicle Abatement Service Authority was formed on or about June 1, 1994, pursuant to the provisions of California Vehicle Code §§ 9950.7 and 22710 enacted by the Legislature in 1990 , which authorize the establishment of a service authority and imposition of a service fee on all registered motor vehicles located within a county; and

WHEREAS, beginning in June 1994 and continuing to the present, the Riverside County Abandoned Vehicle Abatement Service Authority has been the recipient of service fees collected on its behalf by the California Department of Motor Vehicles; and

WHEREAS, the service fees received by the Riverside County Abandoned Vehicle Abatement Service Authority are used to reimburse local governmental agencies for a portion of their costs incurred as a result of the abatement, removal, and disposal as public nuisances of any abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof; and

WHEREAS, the Riverside County Abandoned Vehicle Abatement Servic e Autho rity apportions and distributes service fee proceeds to each member agency according to the formula set forth in California Vehicle Code §§ 22710; and

WHEREAS, since the establishment of the Abandoned Vehicle Abatement program in June 1994, it has disbursed $22,952,216 in service fee proceeds to member agencies and cause d the abetment of approximately 146,561 abandoned, wrecked, dismantled, or inoperative vehicles located in various cities and the unincorporated area of Riverside County; and

WHEREAS, during the 2019 -2022 fiscal years , the City of Murrieta has towed approximately 59 abandoned, wrecked, dismantled, or inoperative vehicles using the Abandoned Vehicle Abatement program and recovered $21,148.67 in service fees;

WHEREAS, the Abandoned Vehicle Abatement program also gives the City of Murrieta the right to participate in the Tipping Fee Program . Without participation in the Abandoned Vehicle Abatement program , the City of Murrieta is not eligible for the cost recovery from the Tipping Fee Program. During the 2019-2022 fiscal years, the Tipping Fee Program has provided $69,867.00 in cost recovery for vehicle abatements and graffiti abatements;

WHEREAS, the service fee collected as part of the Abandoned Vehicle Abatement Service Authority program is set to expire in May 2024; and

Resolution No. 23-4711

WHEREAS, the Legislature recently amended California Vehicle Code § 9250.7 to allow for an extension of the service fee collected as part of the Abandoned Vehicle Abatement program in increments of up to 10 years each if the board of supervisors of the county approves the extension , by a two -thirds vote, and a majority of the cities comprising a majority of the population of the incorporated areas within the county adopt resolutions providing for the extension of the service fee; and

WHEREAS, it is desirable for the City of Murrieta to have the Abandoned Vehicle Abatement program continue beyond its current termination date of May 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: to approve the extension of the service fee collected on behalf of the Riverside County Abandoned Vehicle Abatement Service Authority until May 14, 2034.

PASSED AND ADOPTED this 17th day of October, 2023.

____________________________
Lisa DeForest, Mayor
ATTEST:

_____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

_____________________________
Tiffany Israel, City Attorney
Resolution No. 23-4711

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 23-4711 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 17th day of October, 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, City Clerk

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No. 5.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP - Development Services Director PREPARED BY: Taylor Graybehl, AICP, Associate Planner
SUBJECT: Electric Vehicle Charging and Housing Element Implementation Ordinance (MCA-2023-00001)

RECOMMENDATION
Consider and approve the Notice of Exemption for Projects Consistent with a Community Plan or Zoning pursuant to the Guidelines for Implementation of the California Environmental Quality Act Section 15183 of Title 14, Division 6, Chapter 3 of the California Code of Regulations, and Public Resources Code Section 21083.3);
Approve the first reading to introduce Ordinance No. 598-23, entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Municipal Code to Revise the City’s Development Code (MCA-2023-00001), to adopt Electric Vehicle Charging and Housing Implementation standards related to Sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200, 16.52.040, and

16.73.050; and
Direct staff to record and file a Notice of Exemption from CEQA

PRIOR ACTION/VOTE
On July 7, 2020, the City Council adopted the Focused General Plan Update, a part of which was a Climate Action Plan (CAP) to reduce greenhouse gas (GHG) emissions (Vote: 5-0).

On June 6, 2023, the City Council adopted the 6th Cycle Housing Element after it was determined by the California Department of Housing and Community Development (HCD) that the City’sHousing Element was in statutory compliance with State housing law (Vote: 4-0-1).

On July 26, 2023, the Planning Commission recommended that the City Council record and file the Notice of Exemption and adopt the Electric Vehicle Charging and Housing Element Implementation Ordinance comprised of MCA-2023-00001, consistent with the City’s CAP and adopted Housing Element (Vote: 5-0).

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Agenda Item No. 5.

CITY COUNCIL GOAL
Plan, program and create infrastructure development.

BACKGROUND
The proposed Ordinance No. 589-23 (Attachments 1-2) will assist the City of Murrieta (City) in complying with General Plan goals pertaining to the City’sClimate Action Plan (CAP) and complete the final steps necessary to gain State certification of the City’s 2021-2029 Housing Element.

Housing Element Implementation Overview
On June 6, 2023, the City Council adopted the 6th Cycle Housing Element Update, which covers a planning period of 2021-2029, after a lengthy review with HCD covering five rounds and approximately two years. The City received a letter from HCD indicating the Housing Element complied with the statutory requirements of State law on May 12, 2023. The Housing Element Update includes a number of policy action items to be implemented over time in order to facilitate the development of housing in the City. Although the proposed changes have been prompted by HCD’sreview of the City’sHousing Element, applicants were anticipating these changes upon the completion of the City’sHousing Element Update process, particularly the removal of the City’s enclosed parking requirement and reduction in lot size for multi-family projects.

Climate Action Plan Overview
On July 7, 2020, the City Council adopted the Focused General Plan Update, which included a CAP within the Final Environmental Impact Report (EIR). The CAP includes a menu of implementation measures to be rolled out by the City over time to reduce GHG emissions consistent with the EIR as the City carried out its General Plan. Staff notes the General Plan Update anticipated a planning period covering 2020 through 2035.

The City adopted its first CAP in 2011 as part of the previous General Plan Update. Adoption of the 2011 CAP was necessary as a result of the State’sadoption of policy initiatives in 2006 to reduce GHG. Local agencies were required to consider how their actions impacted the ability of the state to reach GHG reduction targets.

For example, the 2020 General Plan update aligned the City’sCAP with State legislation in effect at the time which specified a reduction of GHG emissions to 1990 levels by 2030. The State has since set additional targets further out in time for additional reductions by 2050.

The CAP functions as a “qualified plan for the reduction of GHGs” under the CEQA Guidelines, thereby affording streamlined environmental review benefits to development projects. The updated CAP includes a series of measures that, as implemented over the coming years’plan, reduce potential GHG emissions in the City. Specific implementation of many future CAP measures would return to the Planning Commission and/or the City Council as part of future programs for adoption and implementation through requirements that would be carried out in individual development projects. The Qualified CAP allows for streamlining many smaller types of development by implementing the CAP checklist. In addition, staff continues to focus on State grants to supplement funding for City CAP measures, such as tree planting, electric vehicle (EV)charging stations, installing solar, and road improvements, like bike lanes. The lack of progress in implementing the City’sCAP incrementally may reduce or eliminate CEQA streamlining for public and private projects.

EV Charging Overview
The measure related to EV-charging requirements as part of this item requires a higher number of charging stations in new development projects than the California Green Building Code in order to achieve additional reductions in emissions consistent with the CAP’sgoals for EV incentives and promotion. Although the recent changes in the California Green Building Code adopted last year and in effect this year already provided CITY OF MURRIETA Printed on 1/24/2024Page 2 of 6
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Agenda Item No. 5.
changes in the California Green Building Code adopted last year and in effect this year already provided implementation of a majority of the measure, the City’s CAP requires a little more than the new State standards in order to achieve a reduction in emissions consistent with the plan. The following incremental increases are recommended with the adoption of the proposed ordinance:

Occupancy Type Green Building Code City
New one and two-unit homes &
multi-family units with private
garages:

Conduit but no wiring (EV
Capable).

One Level 2 charger per
garage
New Multi-Family units without
garages/ hotels and motels:
5% of spaces with 20+ units. Level 2 charger for 6% of
spaces.

New Non-residential projects: Conduit but no wiring (EV Capable).

Install Level 2 chargers for 4%
of total parking spaces less
than 200 parking spaces.

Install Level 2 chargers for 5%
of total parking spaces for 200
or greater parking spaces.

Level 2 chargers provide a full charge within 1-2 hours or 4-10 hours, depending on the type of vehicle.

In the future, staff will be returning to the City Council with a number of implementation items for both the CAP and the Housing Element in the coming years. This ordinance, represents the first of many of these implementation items. In this case, items from both the CAP and Housing Element are batched together. The proposed ordinance amendments are intended to implement CAP measure T-2 and Policy Action 1-9 of the Housing Element Update. Staff began work on these ordinance amendments last year given the availability of consultant assistance funded by the Western Riverside Council of Governments (WRCOG).

Electric Vehicle Charging
The ordinance (Attachment 1) will amend the Murrieta Municipal Code (MMC) to revise MMC Section

16.44.115, entitled Electric Vehicle (EV) Parking Requirements. The revisions reflect the latest California Green Buildings Standards Code and the City’sCAP measure T-2. The revisions to MMC Section 16.44.115 include definitions, standards, and requirements. Definitions for this section were revised to remove outdated language related to EV equipment and introduced definitions for EV equipment and spaces reflecting the definitions found in the Green Building Code. Standards for this section were revised to provide direction on EV parking spaces concerning minimum parking requirements, required signage or pavement markings, and compliance with the Green Building Code. Lastly, requirements were revised to align with EV parking requirements in the City’s CAP and the Green Building Code. MMC Table 16.44.115-1 Electric Vehicle Requirements was introduced to include EV parking requirements for different use types, from single-family dwellings to multi-family dwellings and non-residential development.

Housing Element Implementation
Policy Action 1-9 states that the City will amend its Zoning Code to be in compliance with State law and to reduce governmental constraints on the development of housing pursuant to specific sections as identified by HCD during its review of the Housing Element Update. The attached ordinance amends six sections of the City’s Development Code to complete Policy Action 1-9 as noted below. Adoption of the recommended measures for Housing Element implementation ensures the City will obtain a certification letter from HCD, which the City has yet to receive. Although the City was informed its Housing Element complied with State law, HCD withheld certifying the Housing Element until the City updated its zoning standards, specifically the provision of “by-right”housing within the City’sTransit Oriented Development (TOD) area which is generally CITY OF MURRIETA Printed on 1/24/2024Page 3 of 6
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Agenda Item No. 5.
provision of “by-right”housing within the City’sTransit Oriented Development (TOD) area which is generally located north of Murrieta Hot Springs Road and Los Alamos Road, between Jefferson and Vista Murrieta Avenues. Maintaining a certified Housing Element provides the City with a valuable legal defense in the event legal disputes arise regarding the City’s General Plan pertaining to housing.

Minimum Lot Size Requirement
Housing Element Policy Action 1-9 includes the need to review and amend minimum lot size requirements for multi-family residential developments, in the City’s multi-family residential zoning.

Staff conducted research on minimum lot size requirements and compared seven cities in Riverside County:

Hemet, Menifee, Lake Elsinore, Perris, Riverside, Temecula, and Wildomar. This comparison drew upon data points from these cities’ municipal code development standards. The City of Murrieta has a higher-than- average minimum lot size requirement for multi-family residential zones. This may make it difficult for a property owner to propose a subdivision in a multi-family zone, limiting the owner’s ability to develop.

Murrieta’sminimum lot size for in multi-family zones is five acres or 217,800 square feet. The average for the comparison cities, as noted above, is a lot size of 11,975 square feet. Staff recommends the City lower this number to align more with comparable cities and to accommodate potential projects with a subdivision within these zones. Staff proposes to amend MMC Section 16.08.020 to lower the minimum lot size for all multi- family zones from five acres to one acre. This reduction will improve the feasibility of new multi-family housing developments, particularly related to subdivision potential while maintaining a lot size that should facilitate the typical development pattern found in the City.

Reasonable Accommodation
Housing Element Policy Action 1-9 includes reviewing MMC Section 16.73.050 “Findings and Decision” on Reasonable Accommodation and revising Finding 5 to remove subjective language and mitigate the constraint of development for accessible housing. Finding 5 of the section states, “The requested reasonable accommodation would not adversely impact surrounding properties or uses.” Language preferred by HCD would use objective standards, such as compliance with building and safety standards rather than qualitative language referring to generic adverse impacts.

Based on this, staff proposes removing Finding 5 from MMC Section 16.73.050. This addresses HCD’s comment on this item related to the Housing Element Update, since complying with building standards is already a requirement.

Manufactured Homes in Residential Zones By-Right
Housing Element Policy Action 1-9 includes reviewing and amending MMC Section 16.08.010 to allow manufactured and mobile homes as a by-right use in all residential zones. Currently, manufactured and mobile homes are allowed by-right in some residential zones, the Rural Residential (RR), Estate Residential-1 (ER-1), Estate Residential-2 (ER-2), Estate Residential-3 (ER-3), and Single Family-1 (SF-1) zones. Staff recommends MMC Table 16.08-1 and MMC Table 16.08-2 be revised to permit manufactured and mobile homes, by-right, in all residential zones, including the Single Family-2 (SF-2), Multiple Family 1 (MF-1), Multiple Family 2 (MF-2), Multiple Family 3 (MF-3), and Multiple Family 4 (MF-4) zones. This allows for the potential flexibility for a developer to utilize manufactured housing in these zones in some situations, although with the City’s new Objective Design Standards for multi-family development, it is unlikely for the typical manufactured housing to comply with the City’sstandards. This portion of the amendment addresses the HCD’scomments on manufactured homes to be in compliance with State law and to reduce governmental CITY OF MURRIETA Printed on 1/24/2024Page 4 of 6
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Agenda Item No. 5.
constraints on housing development.

Parking Requirements in Multifamily Housing Projects
Housing Element Policy Action 1-9 includes reviewing and amending MMC Section 16.31.040 to remove the requirement for one (1) space for each unit in a fully enclosed garage for multifamily housing projects. Staff recommends MMC Table 3-7 be revised to remove the requirement for one (1) space for each unit in a fully enclosed garage in the following parking residential use categories: Multi-family dwellings and other attached dwellings and Condominiums. Unenclosed parking would still be required for dwellings; this action would remove the enclosure requirement. An applicant could still propose enclosed parking, however, it would not be a requirement. This addresses HCD’scomments on multifamily housing project parking requirements related to this item.

Conditional Use Permit Findings
Housing Element Policy Action 1-9 includes reviewing and amending MMC Section 16.52.040 “Findings and Decisions”to revise Finding A, which reads as follows: “Theproposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code” by removing the language which references integrity and character. To meet the intent of Policy Action 1-9 and retain local control over non-residential conditional use permits, staff recommends creating two tracks for Conditional Use Permit reviews, one for residential projects and one for non-residential projects. The Conditional Use Permit findings will remove the subjective language “…and would not impair the integrity and character…” for residential development projects, however, it is retained for non-residential projects. This addresses HCD comments regarding Conditional Use Permit findings related to residential housing projects.

Emergency Shelter Parking
Housing Element Policy Action 1-9 includes reviewing and amending MMC Section 16.44.200 Emergency Residential Shelters and Transitional Housing. Staff recommends that the Development Code be revised for the parking standards of Emergency Residential Shelters and Transitional Housing to not require more parking than other residential or commercial uses within the same zone. This addresses HCD’s comments on emergency shelter parking to be in compliance with State law.

Public Process
The draft ordinance has been made available for review as part of this agenda report to the City Council and previously as a part of the reports presented to the Planning Commission at prior hearings. The draft ordinance and agenda report (Attachment 2) were also available on the City’s webpage.

In addition, staff made a brief presentation to the Development Advisory Group on this item at their April 2023 Meeting, receiving some feedback and support for certain items, such as the removal of the enclosed parking requirement.

Planning Commission
On June 14, 2023, the Planning Commission hosted a meeting where it reviewed the proposed revisions to the City’sDevelopment Code to implement Policy T-2 of the City’sCAP and Policy Action 1-9 of the Housing Element. During the meeting, the Planning Commission postponed the item to a later date.

On June 28, 2023, the Planning Commission hosted a workshop regarding the CAP and Housing Element.

The measures and policies of each were discussed, and staff provided additional detail on how the CAP and Housing Element relate to these two implementation items. Staff provided clarifications to the Planning CITY OF MURRIETA Printed on 1/24/2024Page 5 of 6
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Agenda Item No. 5.

Housing Element relate to these two implementation items. Staff provided clarifications to the Planning Commissioners related to the planned implementation of the CAP measures and Housing Element policies (Non-Action Item).

On July 26, 2023, staff presented before the Planning Commission a draft ordinance with a minor revision to what was presented on June 14, 2023. The revision was made to limit changes to Conditional Use Permit findings to residential uses only. The agenda report presented to the Planning Commission can be found in Attachment 3. At this hearing, the Planning Commission recommended to the City Council the adoption of the draft ordinance.

HCD Review
As part of the implementation of the Housing Element, the City will provide HCD with a copy of the ordinance once adopted to complete the amendments as required in Policy Action 1-9. Thereafter, HCD will notify the City that the City’s Housing Element is certified.

Environmental Documentation
This project has been evaluated pursuant to the California Environmental Quality Act (CEQA). Considering that no land use changes are proposed as part of the project and no increase or decrease of residential densities is proposed, there are no potential environmental impacts that would result from the project.

Therefore, the project is exempt under the CEQA Guidelines per Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning, as the project would not cause a significant effect on the environment and existing land use designations in the City. A Notice of Exemption (NOE) has been prepared (Attachment 4). Staff recommends that City Council find that the project is exempt from CEQA, accept the NOE, and direct staff to record and file the document.

FISCAL IMPACT
There is no fiscal impact associated with this action.

ATTACHMENTS

1. Ordinance No. 598-23

2. Redlined Ordinance No. 598-23

3. Planning Commission Staff Report and Resolution

4. CEQA Notice of Exemption
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ORDINANCE NO. 598-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MUR RIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020, 16.3 4.040, 16. 44.115, 16.44.200,

16.52.040, AND 16.73.050
WHEREAS, the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040, 16.44.115,

16.44.200, 16.52.040, and 16.73.050; and
WHEREAS, the City has adopted the California Green Buildings Standards Code, which became effective January 1, 2023; and
WHEREAS, the City Climate Action Plan (CAP) and related Electric Vehicle Charging Ordinance measures are intended to implement policies to reduce Green House Gas Emissions related to transportation consistent with the City’s General Plan Environmental Impact Report (EIR); and
WHEREAS, the City’s 6th Cycle Housing Element Policy Action 1-9 outlines amendments to the City’s Development Code for compliance with State Law and to reduce governmental constraints on the development of housing; and
WHEREAS, the proposed amendments to the City’s Development Code have been drafted to implement CAP Measure T-2 and Housing Element Policy Action 1-9; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 15183 “Projects Consistent with a Community Plan, General Plan, or Zoning ” allows for a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on July 26, 2023 the Planning Commission recommended that the City Council adopt the ordinance amendment and record an Notice of Exemption (NOE); and WHEREAS, on October 17, 2023, the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on October 17, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

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01375.0005/890799.1
Findings and Recommended Approval for Development Code Amendments:

1. The proposed amendment s ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73 consistent with the City’s CAP and Housing Element Update.

2. The proposed amendments would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element . The proposed Code Amendments are consistent with Murrieta’s CAP included in the General Plan EIR and the 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendments are internally consistent with other applicable provisions of the Development Code;
FACTS: The CAP Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requiremen ts in the Development Code and thereby, is internally consistent. The 6th Cycle Housing Element includes Policy Action 1-9 for compliance with State Law and to reduce governmental constraints on the development of housing.

4. The proposed amendment is in com pliance with the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning . Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “ ..shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required .

Therefore, the amendments are exempt under the CEQA Guidelines.

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SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

1. Electric Vehicle (EV): An automotive-type of vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

2. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

3. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

4. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City.

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

Occupancy Type EVSE Parking Requirement (round up to
nearest parking space)
One- and Two-Family Homes, Multi-Family
Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
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Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 200 or greater parking
spaces.
“
SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“
TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1(5) MF-2 MF-3 MF-4
Minimum Parcel Size 1 acre 1 acre 1 acre 1 acre Minimum Parcel Width 100 feet 100 feet 100 feet 100 feet Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre

18.1-29.0 du-
acre
Min. 30
du/acre
Minimum Livable Area 500 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet 10 feet 10 feet
Interior 10 feet 10 feet 10 feet 10 feet
Maximum Parcel Coverage 35% 35% 50% None
Maximum Height Limit 50 feet 50 feet 60 feet 100 feet Open Space (per dwelling unit)
Private Open Space 60 sq.
ft./upper floor
100 sq.
ft./ground
floor
60 sq.
ft./upper floor
100 sq.
ft./ground
floor
All units 50
sq. ft.(2)
All units 50
sq. ft.(2)
Common Open Space 200 sq. ft. 200 sq. ft. 150 sq. ft.(3) 150 sq. ft.(3) Recreational Amenities For projects
containing 25
or more
dwelling units,
provide one
recreational
amenity for
For projects
containing 25
or more
dwelling units,
provide one
recreational
amenity for
For projects
containing 25
or more
dwelling
units, provide
one
recreational
For projects
containing 25
or more
dwelling
units, provide
one
recreational
Ordinance No. 598-23

01375.0005/890799.1
each 30
dwelling units
or fraction
thereof(4)
each 30
dwelling units
or fraction
thereof(4)
amenity for
each 30
dwelling units
or fraction
thereof(4)
amenity for
each 30
dwelling units
or fraction
thereof(4)
Minimum On-site
Landscaping 10% of the site area
Notes:

(1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet. (2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet.
(3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet.
(4) One common recreational amenity shall be provided for each 30 units or fraction thereof.

The following listed amenities satisfy the above recreational facilities requirements.

Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted.

In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis.
a. Clubhouse (two)
b. Swimming Pool (two)
c. Tennis, Basketball or Racquetball court
d. Weightlifting facility
e. Children's playground equipment
f. Sauna or Jacuzzi
g. Day Care Facility (two)
h. Other recreational amenities deemed adequate by the director.

(5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Ordinance No. 598-23

01375.0005/890799.1
Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.
“
SECTION 4. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

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01375.0005/890799.1

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.” SECTION 5. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“
TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with
development standards and zoning clearance
required

16.74 C Conditional Use - Conditional use permit
required

16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section Agriculture, Open Space and Resources
Animal Keeping P P P P P P 16.44.040
Crop Production,
Commercial
P P P
Electric Vehicle Charging
Stations (7)
P P P P P P 15.63, 16.34, 16.44.115
Equestrian Facilities,
Commercial

P P P P P P
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Kennels
Residential/Commercial
P(3) 16.44.040.E. 2.

Nature Preserves P P P
Plant Nurseries,
Commercial
C C C
Open Space P P P P P P
Wind Conversion Energy
Systems (non-
commercial)
C
Communication Facilities
Satellite Dishes/Antennas P P P P P P 16.44.170A
Wireless Communication
Facilities
C C C C C C 16.44.170B
Education, Public
Assembly and Recreation

Bingo C C C C C C 16.44.210
Churches, places of
worship

C C C C C C
Cemeteries, Mortuaries,
Crematoriums,
Mausoleums
C C C
Golf Courses, Country
Clubs, Driving Ranges

C C C C C
Private Residential
Recreational Facilities
P P P P P P See definition
Schools C C C C C C
Residential
Accessory Dwelling
Units
P P P P P P 16.44.160
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Assisted Living/Skilled
Nursing

C C C C C C
Bed and Breakfast Inns C C C
Child Day Care Centers C C C C C C 16.44.050
Home Occupations P P P P P P 16.60.030
Junior Accessory
Dwelling Unit
P P P P P P 16.44.160
Large Family Day-Care
Homes - 9 to 14
children(5)
P P P P P P 16.44.050
Manufactured Home
(including mobile
homes)(6)
P P P P P P 16.44.050
Marijuana Cultivation,
Processing, Delivery, and
Dispensary

Medical Marijuana
Dispensary

Medical Marijuana
Dispensary, Mobile

Mobile Home Parks C C C C C C
Model Homes/Sales
Office

P P P P P P
Multi-family Housing P
Personal Services
(Limited)
P(9)(10) P(9)(10) P(9)(10) P(9)(10) P(9)(10) P(9)(10) See Definition 5.18, 16.44.270
Residential Accessory
Uses and Structures
P P P P P P 16.44.150
Residential Care Homes -
up to 6 Clients

P P P P P P
Ordinance No. 598-23

01375.0005/890799.1
Residential Care Homes -
7+ Clients

C C C C C C
Residential
Wedding/Event
Facilities(4)
C C C 16.44.230
Rooming/Boarding
Houses
C C C C C C 16.44.150I
Short-Term Vacation
Rentals (STVRs) -
Hosted(8)
P P P P P P 5.27 and 16.44.260
Short-Term Vacation
Rentals (STVRs) - Non-
Hosted(8)
P P P 5.27 and 16.44.260
Single-family Homes P P P P P P
Small Family Day-Care
Homes - Up to 8
children(5)
P P P P P P 16.44.050
Supportive Housing P P P P P P 16.44.200
Transitional Housing
(including
SRO/Efficiency units
P P P P P P 16.44.200
Notes:
(1) See Section 16.04.020 regarding uses not listed.
(2) See Article VI for definitions of the land uses listed. (3) Kennels existing as of January 1, 2014 within the RR zone are a legal-conforming land use and are permitted to continue in operation subject to no changes in the existing operation and/or compliance with the development standards contained in Section 16.44.040.E.2. (4) Minimum five (5) acre property.
(5) Zoning clearance not required.
(6) Any development standards imposed shall be limited to those specified in state law. See California Code of Regulations, Title 25 (Housing and Community Development), Division 1 for additional details and requirements.
(7) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Ordinance No. 598-23

01375.0005/890799.1
Health and Safety issues as described in Chapter 15.63. (8) For STVRs - Subject to the Citywide maximum, locational, and operational criteria, as described in Chapter 5.27 and Section 16.44.260 of this Municipal Code. (9) Limited to a massage accessory use in conjunction with establishment of the following primary uses:
assisted living/skilled nursing. No other personal service are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details.
(10) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment.
“
..
“
“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development
standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 MF-4 See Standards in
Section
Agriculture, Open Space and Resources
Open Space P P
Communication Facilities
Satellite
Dishes/Antennas
P P P P 16.44.170-A
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Wireless
Communication
Facilities
C C C C 16.44.170-B
Education, Public Assembly and Recreation
Bingo C C See definition
Churches, Places
of Worship
C C See definition
Recreational
Facilities, Private

P P P P
Schools C C C C
Parking
Electric Vehicle
Charging
Stations(5)
P P P P 15.63, 16.34, 16.44.115
Residential
Accessory
Dwelling Units(4)
P P P P 16.44.160
Assisted
Living/Skilled
Nursing
C C C C See definition
Bed and Breakfast
Inns

Child Day-Care
Centers
C C C C 16.60.050
Home Occupations P P P P 16.60.030
Junior Accessory
Dwelling Unit

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Large family Day-
Care - 9 to 14
children(3)
P P P P Large family Day-Care
- 9 to 14 children(3)
Marijuana
Cultivation,
Delivery,
Dispensary, and
Processing

Medical Marijuana
Dispensary

Medical Marijuana
Dispensary,
Mobile

Manufactured
Home

P P P P
Mobile Home
Parks

C C C C
Model
Homes/Sales
Office

P P P P
Multi-family
Housing

P P P P
Residential
Accessory Uses
and Structures
P P P P 16.44.150
Residential Care
Homes - Up to 6
Clients

P P P P
Residential Care
Homes - 7 or More
Clients

C C C C
Rooming/Boarding
Houses
C C 16.44.150I
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Short-Term
Vacation Rentals
(STVRs) -
Hosted(6)
P P P P 5.27 and 16.44.260
Short-Term
Vacation Rentals
(STVRs) - Non-
Hosted(6)

Small Family Day-
Care Homes - Up
to 8 children(3)

P P P P
Supportive
Housing

P P P P
Transitional
Housing
(including
SRO/Efficiency
units)

P P P P
Notes:
(1) See Section 16.04.020.D regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) Zoning clearance not required.
(4) As it pertains to Accessory Dwelling Units, per Section 16.44.160, allowances for implementation are applied to the Downtown Murrieta Specific Plan per state law. (5) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Chapter 15.63. (6) For STVRs – Prohibited at Rental Units. Subject to the Citywide maximum, locational, and operational criteria, as described in Sections 5.27 and 16.44.260 of this Municipal Code. (7) Limited to a massage accessory use in conjunction with establishment of the following primary uses:
assisted living/skilled nursing, residential care homes - up to 6 clients, residential care homes - 7 or more clients. No other personal services are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (8) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment.
“
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SECTION 6. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

..

Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, plus guest parking. Three bedrooms or more: Two spaces for each; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and

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01375.0005/890799.1
rentals Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.

“
SECTION 7. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable review authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

A. The proposed residential use is conditionally allowed within the subject zoning district and complies with all applicable provisions of this development code; or B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
C. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; D. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
E. The site is suitable for the type and intensity of use or development that is proposed; F. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and G. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to Ordinance No. 598-23

01375.0005/890799.1
properties and improvements in the vicinity of the subject property.” SECTION 8. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

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01375.0005/890799.1

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender. b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required. b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
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b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period;
f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely Ordinance No. 598-23

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fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 9. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 10. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 11. NOTICE OF ADOPTION.

This Ordinance shall become effective on the thirty-first (31st) day after its passage and adoption, and within fifteen (15) days after its final passage and the City Clerk shall cause it to be posted and published in a newspaper of general circulation, printed, published and circulated in the City in the manner required by law and shall cause a copy of this Ordinance and its certification, to be entered in the Book of Ordinances of the City.

PASSED AND ADOPTED this ___ day of ________, 2023.
_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, CMC, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

Ordinance No. 598-23

01375.0005/890799.1

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby cer tify that the foregoing Ordinance No. 598-23 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202_, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, CMC, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 598-23 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2023.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.

_____________________________
Cristal McDonald, CMC, City Clerk

ORDINANCE NO. 598-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MUR RIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200,

16.52.040, AND 16.73.050
WHEREAS, the City of Murrieta proposes an amendment to the City’s Development Code for the purp ose of revising and updating sections 16.08.010, 16.08.020, 16.34.040, 16.44.115,

16.44.200, 16.52.040, and 16.73.050; and
WHEREAS, the City has adopted the California Green Buildings Standards Code, which became effective January 1, 2023; and
WHEREAS, the City Climate Action Plan (CAP) and related Electric Vehicle Charging Ordinance measures are intended to implement policies to reduce Green House Gas Emissions related to transportation consistent with the City’s General Plan Environmental Impact Report (EIR); and
WHEREAS, the City’s 6th Cycle Housing Element Policy Action 1-9 outlines amendments to the City’s Development Code for compliance with State Law and to reduce governmental constraints on the development of housing; and
WHEREAS, the proposed amendments to the City’s Development Code have been drafted to implement CAP Measure T-2 and Housing Element Policy Action 1-9; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 15183 “Projects Consistent with a Community Plan, General Plan, or Zoning” allows for a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on July 26, 2023 the Planning Commission recommended that the City Council adopt the ordinance amendment and record an Notice of Exemption (NOE); and WHEREAS, on October 17, 2023, the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on October 17, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

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Findings and Recommended Approval for Development Code Amendments:

1. The proposed amendment s ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73 consistent with the City’s CAP and Housing Element Update.

2. The proposed amendments would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element . The proposed Code Amendments are consistent with Murrieta’s CAP included in the General Plan EIR and the 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendments are internally consistent with other applicable provisions of the Development Code;
FACTS: The CAP Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent. The 6th Cycle Housing Element includes Policy Action 1-9 for compliance with State Law and to reduce governmental constraints on the development of housing.

4. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning . Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “ ..shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects w hich are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required .

Therefore, the amendments are exempt under the CEQA Guidelines.

SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

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“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

1. Electric Vehicle Supply Equipment. Refer to Vehicle Code Section 22511.2.

2. Electric Vehicle Charging Space. Refer to Vehicle Code Section 22511.2.

1. Electric Vehicle (EV): An automotive-type of vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

2. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

3. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

4. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE or a parking space designated as a future electric vehicle charging space shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City. (Ord. 566 § 15, 2020)

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

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Occupancy Type EVSE Parking Requirement (round up to
nearest parking space)
One- and Two-Family Homes, Multi-Family
Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 200 or greater parking
spaces.”
“
SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“
TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1(5) MF-2 MF-3 MF-4
Minimum Parcel Size 1 acre
5 acres
1 acre
5 acres
1 acre
5 acres
1 acre
5 acres
Minimum Parcel Width 100 feet 100 feet 100 feet 100 feet Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre

18.1-29.0 du-
acre
Min. 30
du/acre
Minimum Livable Area 500 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Setbacks
Street 10 feet 10 feet 10 feet 10 feet
Interior 10 feet 10 feet 10 feet 10 feet
Maximum Parcel Coverage 35% 35% 50% None
Maximum Height Limit 50 feet 50 feet 60 feet 100 feet Open Space (per dwelling
unit)

Open Space (per dwelling unit)
Private Open Space 60 sq.
ft./upper floor
60 sq.
ft./upper floor
All units 50
sq. ft.(2)
All units 50
sq. ft.(2)

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100 sq.
ft./ground
floor
100 sq.
ft./ground
floor
Common Open Space 200 sq. ft. 200 sq. ft. 150 sq. ft.(3) 150 sq. ft.(3) Recreational Amenities For projects
containing 25
or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
For projects
containing 25
or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
For projects
containing 25
or more
dwelling
units, provide
one
recreational
amenity for
each 30
dwelling units
or fraction
thereof(4)
For projects
containing 25
or more
dwelling
units, provide
one
recreational
amenity for
each 30
dwelling units
or fraction
thereof(4)
Minimum On-site
Landscaping 10% of the site area
Notes:

(1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet. (2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet.
(3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet.
(4) One common recreational amenity shall be provided for each 30 units or fraction thereof.

The following listed amenities satisfy the above recreational facilities requirements.

Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted.

In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis.

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a. Clubhouse (two)
b. Swimming Pool (two)
c. Tennis, Basketball or Racquetball court
d. Weightlifting facility
e. Children's playground equipment
f. Sauna or Jacuzzi
g. Day Care Facility (two)
h. Other recreational amenities deemed adequate by the director.

(5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.
“

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SECTION 4. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

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01375.0005/890799.1

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.”

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SECTION 5. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“
TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with
development standards and zoning clearance
required

16.74 C Conditional Use - Conditional use permit
required

16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section Agriculture, Open Space and Resources
Animal Keeping P P P P P P 16.44.040
Crop Production,
Commercial
P P P
Electric Vehicle Charging
Stations (7)
P P P P P P 15.63, 16.34, 16.44.115
Equestrian Facilities,
Commercial

P P P P P P
Kennels
Residential/Commercial
P(3) 16.44.040.E. 2.

Nature Preserves P P P
Plant Nurseries,
Commercial
C C C
Open Space P P P P P P

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Wind Conversion Energy
Systems (non-
commercial)
C
Communication Facilities
Satellite Dishes/Antennas P P P P P P 16.44.170A
Wireless Communication
Facilities
C C C C C C 16.44.170B
Education, Public
Assembly and Recreation

Bingo C C C C C C 16.44.210
Churches, places of
worship

C C C C C C
Cemeteries, Mortuaries,
Crematoriums,
Mausoleums
C C C
Golf Courses, Country
Clubs, Driving Ranges

C C C C C
Private Residential
Recreational Facilities
P P P P P P See definition
Schools C C C C C C
Residential
Accessory Dwelling
Units
P P P P P P 16.44.160
Assisted Living/Skilled
Nursing

C C C C C C
Bed and Breakfast Inns C C C
Child Day Care Centers C C C C C C 16.44.050
Home Occupations P P P P P P 16.60.030

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Junior Accessory
Dwelling Unit
P P P P P P 16.44.160
Large Family Day-Care
Homes - 9 to 14
children(5)
P P P P P P 16.44.050
Manufactured Housing
Home
(including mobile
homes)(6)
P P P P P P 16.44.050
Marijuana Cultivation,
Processing, Delivery, and
Dispensary

Medical Marijuana
Dispensary

Medical Marijuana
Dispensary, Mobile

Mobile Home Parks C C C C C C
Model Homes/Sales
Office

P P P P P P
Multi-family Housing P
Personal Services
(Limited)
P(9)(10) P(9)(10) P(9)(10) P(9)(10) P(9)(10) P(9)(10) See Definition 5.18, 16.44.270
Residential Accessory
Uses and Structures
P P P P P P 16.44.150
Residential Care Homes -
up to 6 Clients

P P P P P P
Residential Care Homes -
7+ Clients

C C C C C C
Residential
Wedding/Event
Facilities(4)
C C C 16.44.230

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Rooming/Boarding
Houses
C C C C C C 16.44.150I
Short-Term Vacation
Rentals (STVRs) -
Hosted(8)
P P P P P P 5.27 and 16.44.260
Short-Term Vacation
Rentals (STVRs) - Non-
Hosted(8)
P P P 5.27 and 16.44.260
Single-family Homes P P P P P P
Small Family Day-Care
Homes - Up to 8
children(5)
P P P P P P 16.44.050
Supportive Housing P P P P P P 16.44.200
Transitional Housing
(including
SRO/Efficiency units
P P P P P P 16.44.200
Notes:
(1) See Section 16.04.020 regarding uses not listed.
(2) See Article VI for definitions of the land uses listed. (3) Kennels existing as of January 1, 2014 within the RR zone are a legal-conforming land use and are permitted to continue in operation subject to no changes in the existing operation and/or compliance with the development standards contained in Section 16.44.040.E.2. (4) Minimum five (5) acre property.
(5) Zoning clearance not required.
(6) Any development standards imposed shall be limited to those specified in state law. See California Code of Regulations, Title 25 (Housing and Community Development), Division 1 for additional details and requirements.
(7) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Chapter 15.63. (8) For STVRs - Subject to the Citywide maximum, locational, and operational criteria, as described in Chapter 5.27 and Section 16.44.260 of this Municipal Code. (9) Limited to a massage accessory use in conjunction with establishment of the following primary uses:
assisted living/skilled nursing. No other personal service are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional

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details.
(10) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment.
“
..
“
“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development
standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 MF-4 See Standards in
Section
Agriculture, Open Space and Resources
Open Space P P
Communication Facilities
Satellite
Dishes/Antennas
P P P P 16.44.170-A
Wireless
Communication
Facilities
C C C C 16.44.170-B
Education, Public Assembly and Recreation
Bingo C C See definition

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Churches, Places
of Worship
C C See definition
Recreational
Facilities, Private

P P P P
Schools C C C C
Parking
Electric Vehicle
Charging
Stations(5)
P P P P 15.63, 16.34, 16.44.115
Residential
Accessory
Dwelling Units(4)
P P P P 16.44.160
Assisted
Living/Skilled
Nursing
C C C C See definition
Bed and Breakfast
Inns

Child Day-Care
Centers
C C C C 16.60.050
Home Occupations P P P P 16.60.030
Junior Accessory
Dwelling Unit

Large family Day-
Care - 9 to 14
children(3)
P P P P Large family Day-Care
- 9 to 14 children(3)
Marijuana
Cultivation,
Delivery,
Dispensary, and
Processing

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Medical Marijuana
Dispensary

Medical Marijuana
Dispensary,
Mobile

Manufactured
Home

P P P P
Mobile Home
Parks

C C C C
Model
Homes/Sales
Office

P P P P
Multi-family
Housing

P P P P
Residential
Accessory Uses
and Structures
P P P P 16.44.150
Residential Care
Homes - Up to 6
Clients

P P P P
Residential Care
Homes - 7 or More
Clients

C C C C
Rooming/Boarding
Houses
C C 16.44.150I
Short-Term
Vacation Rentals
(STVRs) -
Hosted(6)
P P P P 5.27 and 16.44.260
Short-Term
Vacation Rentals
(STVRs) - Non-
Hosted(6)

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Small Family Day-
Care Homes - Up
to 8 children(3)

P P P P
Supportive
Housing

P P P P
Transitional
Housing
(including
SRO/Efficiency
units)

P P P P
Notes:
(1) See Section 16.04.020.D regarding uses not listed. (2) See Article VI for definitions of the land uses listed. (3) Zoning clearance not required.
(4) As it pertains to Accessory Dwelling Units, per Section 16.44.160, allowances for implementation are applied to the Downtown Murrieta Specific Plan per state law. (5) For EVCS - Subject to the Minor Conditional Use Permit appeal provisions for identified Public Health and Safety issues as described in Chapter 15.63. (6) For STVRs – Prohibited at Rental Units. Subject to the Citywide maximum, locational, and operational criteria, as described in Sections 5.27 and 16.44.260 of this Municipal Code. (7) Limited to a massage accessory use in conjunction with establishment of the following primary uses:
assisted living/skilled nursing, residential care homes - up to 6 clients, residential care homes - 7 or more clients. No other personal services are permitted. Refer to Section 16.44.270.B.3 (Massage Accessory Use) and Chapter 5.18 (Massage Businesses and Massage Therapists) for additional details. (8) Refer to Section 5.18.150 (Exemptions) for the types of “Professions and Services” which shall not be classified as a massage establishment.
“
SECTION 6. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

..

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Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, with one space for each unit in a fully enclosed garage, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Three bedrooms or more: Two spaces for each unit with one space for each unit in a fully enclosed garage; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation
rentals
Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and

Ordinance No. 598-23

01375.0005/890799.1
for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.

“
SECTION 7. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

A. The proposed residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code; or
B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
BC. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; CD. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;
DE. The site is suitable for the type and intensity of use or development that is proposed; EF. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and FG. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.” SECTION 8. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

Ordinance No. 598-23

01375.0005/890799.1
A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender.

Ordinance No. 598-23

01375.0005/890799.1
b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking at the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.
b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy

Ordinance No. 598-23

01375.0005/890799.1
of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period;
f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

Ordinance No. 598-23

01375.0005/890799.1
D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 9. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 10. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 11. NOTICE OF ADOPTION.

The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publis h a summary of the ordinance with the names of the council members voting for and against the ordinance.

PASSED AND ADOPTED this ___ day of ________, 2023.
_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, CMC, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§

CITY OF MURRIETA )

Ordinance No. 598-23

01375.0005/890799.1

I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Ordinance No. 589-23 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 202_, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Cristal McDonald, CMC, City Clerk

I, Cristal McDonald, City Clerk of the City of Murrieta, California further certify that Ordinance No. 589-23 was duly published according to law and the order of the City Council of said City and the same was so published in Press Enterprise, a newspaper of general circulation on the following date(s):

Adopted Ordinance: , 2023.

In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2023.

_____________________________
Cristal McDonald, CMC, City Clerk

Final Action
☐ Planning Commission
☒ City Council

Subject: Electric Vehicle Charging and Housing Element Implementation Ordinance (MCA-2023-00001)
Date: July 26, 2023
Prepared by: Graybehl, Taylor
Reviewed by: Carl Stiehl, City Planner
Approved by: David Chantarangsu, AICP, Development Service Director

RECOMMENDATION
1) Receive the staff presentation;
2) Recommend adoption to the City Council of a Notice of Exemption finding that the project is exempt from CEQA; and
3) Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF MURRIETA, RECOMMENDING THAT THE CITY COUNCIL AUTHORIZE THE

FILING OF THE ENVIRONMENTAL DETERMINATION AND APPROVE DEVELOPMENT CODE AMENDMENT (MCA-2023-00001) RELATED TO SECTIONS, 16.08.010, 16.08.020,

16.34.0401, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050; recommending that the City Council adopt an ordinance to amend the City’s Development Code to:
a. Revise Section 16.44.115, entitled Electric Vehicle Parking Requirements b. Per the City’s 6th Cycle Housing Element Policy Action 1-9, revise:
i. Section 16.08.020 Minimum lot size requirements in multi-family zones ii. Section 16.73.050 Reasonable accommodation findings iii. Section 16.08.010 Manufactured homes in residential zones by-right iv. Section 16.31.040 Parking requirements in multi-family housing projects v. Section 16.52.040 Conditional Use Permit findings
vi. Section 16.44.200 Emergency shelter parking

BACKGROUND
On July 7, 2020 the City Council adopted the Focused General Plan Update, a part of which was a Climate Action Plan (CAP) in the General Plan Update’s Final Environmental Impact Report.

The CAP includes a number of implementation measures to be rolled out by the City over time in order to reduce greenhouse gas emissions (GHGs).

On June 6, 2023 the City Council adopted the 6 th Cycle Housing Element Update. A Housing Element is a chapter within the General Plan which is required to be updated periodically by state law. The most recent Cycle is the 6 th which the City began work preparing the update for in July 2021. The Planning Commission recommended the Housing Element to the City Council in October 2021. Since that time, the City has gone through five rounds of revie w on the Housing Element with the State Department of Housing and Community Development (HCD) prior to Planning Commission Staff Report

receiving an approval letter that the Housing Element meets the statutory requirements of State Law on May 12, 2023. Following HCD’s letter, the City Cou ncil adopted the 6 th Cycle Housing Element.

The proposed ordinance amendments are intended to implement one of the CAP measures and one of the Housing Element Update policy actions. Staff began work on these ordinance amendments last year with the assistance of consultants funded by the Western Riverside Council of Governments (WRCOG).

On June 14, 2023, City staff presented before the Planning Commission proposed revisions to the City’s Development Code (Development Code) to implement Policy T-2 of the City’s CAP and Policy Action 1-9 of the Housing Element. The Staff Report presented to the Planning Commission can be found as Attachment 5. The draft ordinances included as part of this staff report are the same as before, except for one change to the pro posed revisions to the Conditional Use Permit findings to be limited to residential uses.

On June 28, 2023, City staff held a workshop with the Planning Commission regarding the CAP and Housing Element. The measures and policies of each were discussed an d Staff provided additional detail as to how both the CAP and Housing Element relate to these two implementation items. Staff provided clarifications to the Planning Commissioners related to the planned implementation of the CAP measures and Housing Element policies.

Technical assistance was provided by WSP Land Use Consultants. WSP conducted research and assisted in preparing the Staff Report and Ordinance. This work was funded by the WRCOG through the State’s Regional Early Action Planning Grant Program (REAP 1.0).

CHANGE TO PREVIOUS STAFF REPORT

Staff recommends altering the proposed revisions to Conditional Use Permit Findings which were presented to the Planning Commission on June 14, 2023. Policy Action 1 -9 of the Housing Element identified removin g subjective language from Conditional Use Permit findings for residential projects. Staff proposed the following Development Code amendment to address this item:

SECTION 6. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner:

A. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;

Upon further review, staff identified a concern that the proposed revision may impact the City’s ability to regulate non-residential uses which apply for a conditional use permit.

To meet the intent of Policy Action 1 -9 and retain local control over non-residential conditional use permits, staff recommends creating two tracks for Conditional Use Permit review, one for residential projects and one for non-residential projects. The language below will create these two tracks with subsection “A” applying to residential projects and subsection “B” applying to non - residential projects.

SECTION 6. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter 16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

A. The proposed residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code; or

B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;

PUBLIC PROCESS
The draft ordinance has been made available for review as part of this staff report to the Planning Commission. The previous draft ordinance was made available for review as a part of the staff report (Attachment 5) presented to the Planning Commission on June 14, 2023. In addition, staff made a brief presentation to the Development Advisory Group on this item at their April 2023 Meeting. On June 28, 2023 staff presented during a workshop the Climate Action Plan and Housing Element their measures and policies, including the implementation items proposed. The draft ordinance has also been available on the City’s webpage.

HCD REVIEW
As part of implementation of the Housing Element the City will provide HCD with a copy of the ordinance once adopted in order to complete the amendments as required in Policy Action 1-9.

ENVIRONMENTAL DOCUMENTATION
The project has been evaluated pursuant to the California Environmental Quality Act (CEQA).

Considering that no land use changes are proposed as part of the project and no increase or decrease of residential densities is propos ed there are no potential environmental impacts that would result from the project. Therefore, the project is exempt under the CEQA Guidelines per Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning , as the project would not cause a significant effect on the environment and existing land use designations in the City. A Notice of Exemption (NOE) with additional supporting analysis has been prepared (Attachment 3) . Staff recommends that the Planning Commission recommend that the City Council find that the project is exempt from CEQA, accept the NOE and direct staff to record and file the document.

ATTACHMENTS
1) Electric Vehicle Charging and Housing Element Implementation Ordinance 2) Resolution Recommending Council Adoption of Ordinance 3) Notice of Exemption
4) Electric Vehicle Charging and Housing Element Implementation Ordinance (Redlines) 5) Staff Report Presented June 14, 2023

Meeting Date: 07-26-2023
ORDINANCE NO. XX:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050.

WHEREAS, as the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040,

16.44.115, 16.44.200, 16.52.040, and 16.73.050.

WHEREAS, as the City has adopted the California Green Buildings Standards Code, which , became effective January 1, 2023; and
WHEREAS, the January 2020 City of Murrieta Climate Action Plan Update is intended to implement policies of the Murrieta General Plan Update; and WHEREAS, the Murrieta 6 th Cycle Housing Element Policy Action 1 -9 outlines amendments to the City’s municipal code to implement; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 151833- Projects Consistent with a Community Plan, General Plan, or Zoning , allows a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on XX XX, 2023 the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code Section 16.13; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on XX XX, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

Findings and Recommended Approval for Development Code Amendments:

1. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73.

2. The proposed amendments would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element. The proposed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendments are internally consistent with other appli cable provisions of the Development Code;
FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent.

4. The proposed amendment is in compliance w ith the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an en vironmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required. Therefore, the amendments are exempt under the CEQA Guidelines. Staff and the Planning Commission have recom mended that the City Council find that the project is exempt from CEQA , and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

1. EV: An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

2. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

3. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

4. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City. (Ord. 566 § 15, 2020)

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

Occupancy Type EVSE Parking Requirement (round up
to nearest parking space)
One- and Two-Family Homes, Multi-
Family Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 200 or greater
parking spaces.”

SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1(5) MF-2 MF-3 MF-4
Minimum Parcel Size 1 acre 1 acre 1 acre 1 acre Minimum Parcel Width 100 feet 100 feet 100 feet 100 feet Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre

18.1-29.0
du-acre
Min. 30
du/acre
Minimum Livable Area 500 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet 10 feet 10 feet
Interior 10 feet 10 feet 10 feet 10 feet
Maximum Parcel
Coverage
35% 35% 50% None
Maximum Height Limit 50 feet 50 feet 60 feet 100 feet Open Space (per dwelling unit)
Private Open Space 60 sq.
ft./upper
floor
100 sq.
ft./ground
floor
60 sq.
ft./upper
floor
100 sq.
ft./ground
floor
All units 50
sq. ft.(2)
All units 50
sq. ft.(2)
Common Open Space 200 sq. ft. 200 sq. ft. 150 sq. ft.(3) 150 sq. ft.(3) Recreational Amenities For projects
containing
25 or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
For projects
containing
25 or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
Minimum On-site
Landscaping 10% of the site area
Notes:

(1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet.
(2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet. (3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet. (4) One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a. Clubhouse (two)
b. Swimming Pool (two)
c. Tennis, Basketball or Racquetball court
d. Weightlifting facility
e. Children's playground equipment
f. Sauna or Jacuzzi
g. Day Care Facility (two)
h. Other recreational amenities deemed adequate by the director. (5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.

SECTION 4. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.”

SECTION 5. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning clearance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section
Manufactured Home
(including mobile
homes)(6)
P P P P P P 16.44.050”

“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 See Standards in
Section
Manufactured
Home
P P P
Mobile Home
Parks
C C C”

SECTION 6. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, plus guest parking. Three bedrooms or more: Two spaces for each; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation
rentals
Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.”

SECTION 7. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter

16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

A. The proposed residential use is conditionally allowed within the subject zoning district and complies with all applicable provisions of this development code; or B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
C. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; D. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored; E. The site is suitable for the type and intensity of use or development that is proposed;
F. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and G. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.”

SECTION 8. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender. b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required. b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period; f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 9. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 10. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 11. NOTICE OF ADOPTION.

The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.

ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2023.

_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, CMC, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeti ng of the City Council on the xxth day of xxxx, 2023, and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council o n the ____ day of ________, 2023 , by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2023.

PLANNING COMMISSION
RESOLUTION NO. 2023-______

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF MURRIETA, RECOMMENDING THAT THE CITY COUNCIL

AUTHORIZE THE FILING OF THE ENVIRONMENTAL

DETERMINATION AND APPROVE DEVELOPMENT CODE
AMENDMENT (MCA -2023-00001) RELATED TO SECTIONS,

16.08.010, 16.08.020, 16.34.0401, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050

WHEREAS, the City of Murrieta (“City”) proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, and 16.73.050; and,

WHEREAS, MCA-2023-00001 includes an update in order to implement policies of the Murrieta Climate Action Plan; and

WHEREAS, MCA-2023-00001 includes an update in order to implement policies of the Murrieta 6th Housing element Policy Action 1-9; and

WHEREAS, on June 14, 2023, the City of Murrieta Planning Commission provided an opportunity for public comments, and discussed the proposed Development Code Amendments, at which a staff report was presented and evidence in the record was provided to support the findings required by the Murrieta Development Code Section

16.58.080;

WHEREAS, on July 26, 2023, the City of Murrieta Planning Commission provided an opportuni ty for public comments, and discussed the proposed Development Code Amendments, at which a staff report was presented and evidence in the record was provided to support the findings required by the Murrieta Development Code Section

16.58.080;

WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the public hearing at both meetings and has determined that the proposed Development Code Amendment is appropriate; and

WHEREAS, the Planning Commission has considered the potential for environmental effects as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA) and concurs with staff’s recommendation.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Murrieta does resolve as follows:

Findings and Recommended Approval for Development Code Amendments:

1. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general plan land uses, programs and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendments revises and updates sections 16.08.010, 16.08.020, 16 .34.040, 16.44.115, 16.44.200, 16.52.040, and

16.73.050.

2. The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the City;

FACTS: The General Plan will promote the health, safety , and welfare of the City through the listed goals and policies included within each element, the proposed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendment is internally consistent with other applicable provisions of the Development Code.

FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that re quires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent.

4. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA);

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “sh all not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified wi thin the General Plan, and are consistent within, no additional environmental review is required. Therefore, the amendments are exempt under the CEQA Guidelines. Staff and the Planning Commission have recommended that the City Council find that the project is exempt from CEQA, and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

BE IT FURTHER RESOLVED that based on the written information provided, the public co mments received, and the findings stated above, the Planning Commission recommends that the City Council adopt the environmental determination and approve the Development Code Amendment MCA-2023-00001 amending sections 16.08.010,

16.08.020, 16.34.0401, 16. 44.115, 16.44.200, 16.52.040, and 16.73.050 as shown on the attached Ordinance.

PASSED, APPROVED , AND ADOPTED at a regular meeting of the Planning Commission of the City of Murrieta, California, held on the 26th day of July 2023.

APPROVED:

______________________________
Planning Commission Chairperson

ATTEST:

__________________________
Carl Stiehl, City Planner

I, Carl Stiehl, City Planner, City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Planning Commission on the 26th day of July 2023 by the following roll call vote:

MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________

AYES:

NOES:

ABSENT:

ABSTAINED:

__________________________
Carl Stiehl, City Planner

ATTACHMENTS:

Exhibit A Draft Ord. – Electric Vehicle Charging and Housing Element Implementation Ordinance

I, Carl Stiehl, Interim City Planner, City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Planning Commission on the ___ day of ___________________, 202 3 by the following roll call vote:

MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________

AYES:

NOES:

ABSENT:

ABSTAINED:

__________________________
Carl Stiehl, City Planner

NOTICE OF EXEMPTION

To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044

Riverside County Clerk
From (Public
Agency):

City of Murrieta
1 Town Square
Murrieta, CA 92562
4080 Lemon St.

Riverside, CA 92501

Project Title: Electric Vehicle Charging and Housing Element Implementation Ordinance Project Applicant: The City of Murrieta
Project Location -
Specific:

Citywide
Project Location - City: City of Murrieta
Project Location -
County:

County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:

Nature: The Project is a Development Code Amendment (MCA -2023-00001) for the adoption of an Electric Vehicle Charging and Housing Element Implementation Ordinance. Th e Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050 and filing a Notice of Exemption.

Purpose: To bring the City’s Development Code into compliance with the City’s Climate Action Plan Policy T-2 and Housing Element Policy Action 1 -9: Amend the City’s Zoning for Compliance with State Law and to Reduce Governmental Constraints on the Development of Housing.

Beneficiaries: City of Murrieta
Name of Public Agency Approving Project: City of Murrieta Name of Person or Agency Carrying Out
Project:

City of Murrieta
Exempt
Status
(check one):

Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. Type and Section: State CEQA Guidelines §15183 Projects Consistent with a Community Plan or Zoning
Statutory Exemption. Code Number:

Reasons Why Project is Exempt:

State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.”

The Murrieta General Plan 2035 and its associated EIR (SCH#2010111084) were certified July 19, 2021. The document Comprehensively examined the potential environmental impacts that occur as a result of the implementation of its policies.

The Project is an Ordinance to revise Title 16 of the Murrieta Municipal Code to implement Policy T-2 of the City’s Climate Action Plan and Policy Action 1 -9 of the Housing Element. The Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08, 16.31, 16.44, 16.52, and 16.73.

The proposed action is exempt from the California Environmental Quality Act (CEQA) as this meets the required actions of CEQA Guidelines Section 15183 Projects Consistent with a Community Plan or Zoning, because it involves the adoption and implementation of policies within the City’s Climate Action Plan and Housing Element both of which were examined as part of the City’s General Plan EIR. The Project will not cause significant environmental impact and implements a uniformly applied development policy or s tandard that is consistent with the Climate Action Plan and Housing Element.

The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

In approving a project meeting the requirements of CEQA Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:

1. Is the project consistent with the General Plan and Zoning designations for the s ite (including density for residential developments)? Yes__X__ No_____ If yes, please explain below. If no, the project does not qualify for this exemption.

Comment/Finding:

As indicated above, the Project will bring the Development Code into greater compliance with the Climate Action Plan and Housing Element. The Project will not increase the permitted density for residential developments.

2. Are there any impacts that weren’t evaluated in the General Plan EIR that are peculiar to the project or the parcel on which the project would be located? Yes_____ No_X___ If yes, an initial study or detailed analysis is necessary to determine if specific impacts will need to be mitigated.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project implements actions identified within the Climate Action Plan and Housing Element which were evaluated with the General Plan EIR. Therefore, all potential impacts were identified as part of the General Plan EIR.

3. Are there project specific impacts which the General Plan EIR failed to analyze as significant effects .

Yes_____
No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project would not result in any additional impacts that were not evaluated with the General Plan EIR.

4. Is there substantial new information which would result in more severe impacts than anticipated by the General Plan EIR?
Yes_____
No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

There is no new information as a result of the Project that would result in more severe impacts. The proposed actions implement polic ies within the Climate Action Plan and Housing Element both of which were evaluated with the General Plan EIR.

Lead Agency
Contact Person: Taylor Graybehl
Telephone
& Extension: (951) 837-4320
If Filed by Applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Title: Associate Planner Date:

Signed by Lead Agency Date received for filing at OPR: Signed by Applicant

Meeting Date: 07-26-2023
ORDINANCE NO. XX:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050.

WHEREAS, as the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040,

16.44.115, 16.44.200, 16.52.040, and 16.73.050.

WHEREAS, as the City has adopted the California Green Buildings Standards Code, which , became effective January 1, 2023; and
WHEREAS, the January 2020 City of Murrieta Climate Action Plan Update is intended to implement policies of the Murrieta General Plan Update; and WHEREAS, the Murrieta 6 th Cycle Housing Element Policy Action 1 -9 outlines amendments to the City’s municipal code to implement; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 151833- Projects Cons istent with a Community Plan, General Plan, or Zoning , allows a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on XX XX, 2023 the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code Section 16.13; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta, does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on XX XX, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance w ith Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

Findings and Recommended Approval for Development Code Amendments:

5. The proposed amendments ensure and maintains internal consistency with all of the objectives, policies, general plan land uses, programs and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73.

6. The proposed amendment s would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element. The proposed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

7. The proposed amendments are internally consistent with other applicable provisions of the Development Code;
FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that requires new development standards and thi s ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent.

8. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required. Therefore, the amendments are exempt under the CEQA Guidelines. Staff a nd the Planning Commission have recommended that the City Council find that the project is exempt from CEQA , and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

1. Electric Vehicle Supply Equipment. Refer to Vehicle Code Section 22511.2.

2. Electric Vehicle Charging Space. Refer to Vehicle Code Section 22511.2.

5. EV: An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

6. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

7. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

8. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE or a parking space designated as a future electric vehicle charging space shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City. (Ord. 566 § 15, 2020)

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

Occupancy Type EVSE Parking Requirement (round up
to nearest parking space)
One- and Two-Family Homes, Multi-
Family Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 200 or greater
parking spaces.”

SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development Feature MF-1(5) MF-2 MF-3 MF-4
Minimum Parcel Size 1 acre
5 acres
1 acre
5 acres
1 acre
5 acres
1 acre
5 acres
Minimum Parcel Width 100 feet 100 feet 100 feet 100 feet Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre

18.1-29.0
du-acre
Min. 30
du/acre
Minimum Livable Area 500 sq. ft. 500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet 10 feet 10 feet
Interior 10 feet 10 feet 10 feet 10 feet
Maximum Parcel
Coverage
35% 35% 50% None
Maximum Height Limit 50 feet 50 feet 60 feet 100 feet Open Space (per dwelling unit)
Private Open Space 60 sq.
ft./upper
floor
100 sq.
ft./ground
floor
60 sq.
ft./upper
floor
100 sq.
ft./ground
floor
All units 50
sq. ft.(2)
All units 50
sq. ft.(2)
Common Open Space 200 sq. ft. 200 sq. ft. 150 sq. ft.(3) 150 sq. ft.(3) Recreational Amenities For projects
containing
25 or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
For projects
containing
25 or more
dwelling
units,
provide one
recreational
amenity for
each 30
dwelling
units or
fraction
thereof(4)
Minimum On-site
Landscaping 10% of the site area
Notes:

(1) When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet.
(2) For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet. (3) All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet. (4) One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a. Clubhouse (two)
b. Swimming Pool (two)
c. Tennis, Basketball or Racquetball court
d. Weightlifting facility
e. Children's playground equipment
f. Sauna or Jacuzzi
g. Day Care Facility (two)
h. Other recreational amenities deemed adequate by the director. (5) For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.

SECTION 4. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.”

SECTION 5. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning clearance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section
Manufactured
Housing Home
(including mobile
homes)(6)
P P P P P P 16.44.050”

“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 See Standards in
Section
Manufactured
Home
P P P
Mobile Home
Parks
C C C”

SECTION 6. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, with one space for each unit in a fully enclosed garage, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Three bedrooms or more: Two spaces for each unit with one space for each unit in a fully enclosed garage; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation
rentals
Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.”

SECTION 7. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter

16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner per use type as described below:

A. The proposed residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code; or
B. The proposed non-residential use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code; BC. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; CD. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored; DE. The site is suitable for the type and intensity of use or development that is proposed;
EF. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and FG. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.”

SECTION 8. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender. b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking at the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.
b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period; f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 9. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 10. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 11. NOTICE OF ADOPTION.

The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.

ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2023.

_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
TIffany J. Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeti ng of the City Council on the xxth day of xxxx, 2023, and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council o n the ____ day of ________, 2023 , by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2023.

Final Action
☐ Planning Commission
☒ City Council

Subject: Electric Vehicle Charging and Housing Element Implementation Ordinance (MCA-2023-00001)
Date: June 14, 2023
Prepared by: Graybehl, Taylor
Reviewed by: Carl Stiehl, Interim City Planner
Approved by: David Chantarangsu, AICP, Development Service Director

RECOMMENDATION
4) Receive the staff presentation;
5) Recommend adoption to the City Council of a Notice of Exemption finding that the project is exempt from CEQA; and
6) Adopt a Resolution entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE

CITY OF MURRIETA, RECOMMENDING THAT THE CITY COUNCIL AUTHORIZE THE

FILING OF THE ENVIRONMENTAL DETERMINATION AND APPROVE DEVELOPMENT CODE AMENDMENT (MCA-2023-00001) RELATED TO SECTIONS, 16.08.010, 16.08.020,

16.34.0401, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050; recommending that the City Council adopt an ordinance to amend the City’s Development Code to:
c. Revise Section 16.44.115, entitled Electric Vehicle Parking Requirements d. Per the City’s 6th Cycle Housing Element Policy Action 1-9, revise:
i. Section 16.08.020 Minimum lot size requirements in multi-family zones ii. Section 16.73.050 Reasonable accommodation findings iii. Section 16.08.010 Manufactured homes in residential zones by-right iv. Section 16.31.040 Parking requirements in multi-family housing projects v. Section 16.52.040 Conditional Use Permit findings
vi. Section 16.44.200 Emergency shelter parking

BACKGROUND
On July 7, 2020 the City Council adopted the Focused General Plan Update, a part of which was a Climate Action Plan (CAP) in the General Plan Update’s Final Environmental Impact Report.

The CAP includes a number of implementation measures to be rolled out by the City over time in order to reduce greenhouse gas emissions (GHGs).

The City has also been working on preparing a Housing Element Update for the 6 th Housing Element Cycle required by state law, which started in July 2021. The Planning Commission recommended the Housing Element to the City Council in October 2021. Since that time, the City has gone through five rounds of review on the Housing Element with the State Department of Planning Commission Staff Report

Housing and Community Development (HCD) and is close to receiving certification of the Housing Element Update. The proposed ordinance amendments are intended to implement one of the CAP measures and one of the Housing Element Update policy actions. Staff began work on these ordinance amendments last year with the assistance of consultants funded by the Western Riverside Council of Governments (WRCOG).

The City of Murrieta is proposing revisions to its electric vehicle (EV) parking requirements regarding EV charging stations that would align with the City’s and the State’s CAP goals. The City’s CAP supports an ordinance for EV Charging Stations by way of Policy T -2, which is a measure for the adoption of an EV charging station ordinance. Other supportive goals include improvements to air quality and GHG emissions reduction. The Housing Element Update also supports an ordinance for EV Charging Stations by way of Housing Goal #2, Policy 2.3, and Policy Action 2-6, which encourage energy-efficient housing design and practices that are consistent with State regulations.

The Housing Element Update establishes policy and program actions in support of overall housing goals. Policy Action 1-9 of the Housing Element states that the City will “Amend the City’s Zoning for Compliance with State Law and to Reduce Governmental Constraints on the Development of Housing”. The six recommended amendments of Policy Action 1-9 are included in this ordinance.

Technical assistance was provided by WSP Land Use Consultants. WSP conducted research and assisted in preparing the Staff Report and Ordinance. This work was funded by the WRCOG through the State’s Regional Early Action Planning Grant Program (REAP 1.0).

ELECTRIC VEHICLE CHARGING STATIONS

The ordinance (Attachment 1) will amend the City’s Development Code (Development Code) to revise Section 16.44.115 , entitled Electric Vehicle (EV) Parking Requirements. The revisions reflect the latest California Green Buildings Standards Code and the City of Murrieta Climate Action Plan Policy T -2. The revisions to Section 16.44.115 of the Development Code include definitions, standards, and requirements. Definitions for this section were revised to remove outdated language related to EV equipment and introduced definitions for EV equipment and spaces reflecting the definitions found in the California Green Buildings Standards Code.

Standards for this section were revised to provide direction on the EV parking space with regard to minimum parking requirements, required signage or pavement markings, and compliance with the Green Building Code. Lastly, requirements were revised to align with EV parking requirements in both the City’s CAP and the Green Building Code. Table 16.44.115 -1 Electric Vehicle Requirements at a location, was introduced to include EV parking requirements for different use types, from single-family dwellings to multi-family dwellings, and non-residential development.

HOUSING ELEMENT UPDATE POLICY ACTION 1-9
Policy Action 1-9 states that Murrieta will amend its zoning code to be in compliance with State law and to reduce governmental constraints on the development of housing pursuant to specific sections as identified by HCD during its review of the Housing Element Update . The attached ordinance amends six sections of the City’s Development Code to complete Policy Action 1-9.

MINIMUM LOT SIZE REQUIREMENT
Policy Action 1-9 includes the need to review and amend minimum lot size requirements for multi- family residential developments, specifically in zones MF-1, MF-2, and MF-3.

WSP conducted research on minimum lot size requirement s for the City and compared seven cities in Riverside County: Hemet, Menifee, Lake Elsinore, Perris, Riverside, Temecula, and Wildomar. This comparison drew upon data points from these cities’ municipal code development standards. The City of Murrieta has a higher -than-average minimum lot size requirement for multifamily residential zones. Murrieta’s minimum lot size for MF -1, MF-2, and MF-3 zones is 5 acres, or 217,800 square feet. The average for the comparison cities is 11,975 Square feet. Staff recommends the City lo wer this number to align more closely with comparable cities and to accommodate the City’s housing needs within these zones . Staff proposes to amend Section

16.08.020 to lower the minimum lot size for all multi-family zones from 5 acres to 1 acre. This reduction will improve the feasibility of new multi-family housing developments while maintaining a lot size that should work with the typical development pattern found in the City.

REASONABLE ACCOMMODATION
Policy Action 1-9 includes reviewing Section 16.73.050 “Findings and Decision” on Reasonable Accommodation and revising Finding 5 to remove subjective language and mitigate the constraint of development for accessible housing. Finding 5 of the section states, “The requested reasonable accommodation would not adversely impact surrounding properties or uses”.

WSP compared reasonable accommodation findings of neighboring cities: Riverside, Temecula, Perris, Lake Elsinore, Menifee, Wildomar, and Hemet. Special attention was paid to the finding in question and any other subjective language used in other cities. WSP found that one other city, Perris, includes, “The requested reasonable accommodation would not adversely impact surrounding properties or us es” in their findings section. WSP also found that Murrieta’s list of exceptions is more extensive than other cities, and already contains findings that specify objective requirements related to building and safety standards. Based on this, staff proposes removing Finding 5 from section 16.73.050 of the municipal code. This addresses HCD’s comment on this item related to the Housing Element Update.

MANUFACTURED HOMES IN RESIDENTIAL ZONES BY-RIGHT
Policy Action 1-9 includes reviewing and amending Section 16.08.010 of the Development Code to allow manufactured and mobile homes as a by -right use in all residential zones. Staff recommends Table 16.08-1 and Table 16.08 -2 be revised to permit manufactured and mobile homes by-right in all residential zones and not as a conditional use. This HCD’s comments on manufactured homes to be in compliance with State law and to reduce governmental constraints on housing development.

PARKING REQUIREMENTS IN MULTI-FAMILY HOUSING PROJECTS
Policy Action 1-9 includes reviewing and amending Title 16.31.040 of the Development Code to remove the requirement for one (1) space for each unit in a fully enclosed garage for multi-family housing projects.

Staff recommends Table 3 – 7 be revised, to remove the requirement for one (1) space for each unit in a fully enclosed garage , in the following parking residential use categories: Multi -family dwellings and other attached dwellings and Condominiums. This addresses the HCD comments on multi-family housing projects parking requirements.

CONDITIONAL USE PERMIT FINDINGS

Policy Action 1-9 includes reviewing and amending Title 16.52.040 “Findings and Decisions” to revise to Finding A, “The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code” to remove the language which references integrity and character. Staff recommends the language be struck from Finding A. This addresses HCD comments regarding Conditional Use permit findings.

EMERGENCY SHELTER PARKING
Policy Action 1 -9 includes reviewing and amending Section 16.44.200 Emergency Residential Shelters and Transitional Housing. Staff recommends that the Development Code be revised for the parking standards of Emergency Residential Shelters and Transitional Housing to not require more parking than other residential or commercial uses within the same zone. This addresses HCD’s comments on emergency shelter parking to be in compliance with State law.

PUBLIC PROCESS
The draft ordinance has been made available for review as part of this staff report to the Planning Commission. In addition, staff made a brief presentation to the Development Advisory Group on this item at their April 2023 Meeting. The dr aft ordinance has also been available on the City’s webpage.

HCD REVIEW
As part of implementation of the Housing Element the City will provide HCD with a copy of the ordinance once adopted in order to complete the amendments as required in Policy Action 1-9.

ENVIRONMENTAL DOCUMENTATION
The project has been evaluated pursuant to the California Environmental Quality Act (CEQA).

Considering that no land use changes are proposed as part of the project and no increase or decrease of residential densities is p roposed there are no potential environmental impacts that would result from the project. Therefore, the project is exempt under the CEQA Guidelines per Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning , as the project would not cause a significant effect on the environment and existing land use designations in the City. A Notice of Exemption (NOE) with additional supporting analysis has been prepared (Attachment 3) . Staff recommends that the Planning Commission recommend tha t the City Council find that the project is exempt from CEQA, accept the NOE and direct staff to record and file the document.

ATTACHMENTS
1) Electric Vehicle Charging and Housing Element Implementation Ordinance 2) Resolution Recommending Council Adoption of Ordinance 3) Notice of Exemption
4) Electric Vehicle Charging and Housing Element Implementation Ordinance (Redlines)

Meeting Date: 06-14-2023
ORDINANCE NO. XX:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050.

WHEREAS, as the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040,

16.44.115, 16.44.200, 16.52.040, and 16.73.050.

WHEREAS, as the City has adopted the California Green Buildings Standards Code, which , became effective January 1, 2023; and
WHEREAS, the January 2020 City of Murrieta Climate Action Plan Update is intended to implement policies of the Murrieta General Plan Update; and WHEREAS, the Murrie ta 6 th Cycle Housing Element Policy Action 1 -9 outlines amendments to the City’s municipal code to implement; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 151833- Projects Consistent with a Community Plan, General Plan, or Zoning , allows a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on XX XX, 2023 the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code Section 16.13; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on XX XX, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

Findings and Recommended Approval for Development Code Amendments:

9. The proposed amendments ensure and maintain internal consistency with all of the objectives, policies, general plan land uses, programs, and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73.

10. The proposed amendment s would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element. The propo sed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

11. The proposed amendments are internally consistent with other applicable prov isions of the Development Code;
FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent.

12. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQ A Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an e nvironmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required. Therefore, the amendments are exempt under the CEQA Guidelines. Staff and the Planning Commission have reco mmended that the City Council find that the project is exempt from CEQA , and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

9. EV: An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

10. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

11. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

12. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City. (Ord. 566 § 15, 2020)

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

Occupancy Type EVSE Parking Requirement (round up
to nearest parking space)
One- and Two-Family Homes, Multi-
Family Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 201 or greater
parking spaces.”

SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development
Feature
MF-1(5) MF-2(2) MF-3
Minimum Parcel
Size
1 acre 1 acre 1 acre
Minimum Parcel
Width
100 feet 100 feet 100 feet
Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre
Min. 30 du/acre
Minimum Livable
Area
500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet Varying 10 - 20 feet
Interior 10 feet 10 feet Minimum 10 feet(1)
Maximum Parcel
Coverage
35% 35% None
Maximum Height
Limit
50 feet 50 feet 100 feet
Open Space (per
dwelling unit)

Private Open
Space
60 sq. ft./upper
floor
100 sq. ft./ground
floor
60 sq. ft./upper
floor
100 sq.
ft./ground floor
All units 50 sq. ft.(2)
Common Open
Space
200 sq. ft. 200 sq. ft. 150 sq. ft.(3)
Recreational
Amenities
For projects containing 25 or
more dwelling units, provide one
recreational amenity for each 30
dwelling units or fraction
thereof(4)
Minimum On-site
Landscaping
10% of the site area
Notes:
(1)   When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet.
(2)   For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width, or depth of a balcony shall be 5 feet. (3)   All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths, and recreational amenities. In projects containing fewer than 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more units, the minimum width and depth shall be 20 feet. (4)   One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a.   Clubhouse (two)
b.   Swimming Pool (two)
c.   Tennis, Basketball or Racquetball court
d.   Weightlifting facility
e.   Children's playground equipment
f.   Sauna or Jacuzzi
g.   Day Care Facility (two)
h.   Other recreational amenities deemed adequate by the director. (5)   For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.”

SECTION 3. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.”

SECTION 4. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning clearance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section
Manufactured Home
(including mobile
homes)(6)
P P P P P P 16.44.050”

“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 See Standards in
Section
Manufactured
Home
P P P
Mobile Home
Parks
C C C”

SECTION 5. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, plus guest parking. Three bedrooms or more: Two spaces for each; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation
rentals
Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.”

SECTION 6. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter

16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner:

A. The proposed use is conditionally allowed within the subject zoning district and complies with all applicable provisions of this development code; B. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; C. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored; D. The site is suitable for the type and intensity of use or development that is proposed;
E. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and F. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.”

SECTION 7. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender. b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required. b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period; f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 8. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 9. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 10. NOTICE OF ADOPTION.

The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the ordinance with the names of the council members voting for and against the ordinance.

ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2023.

_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, CMC, City Clerk

APPROVED AS TO FORM:

____________________________
Tiffany J. Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeti ng of the City Council on the xxth day of xxxx, 2023, and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council o n the ____ day of ________, 2023 , by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2023.

PLANNING COMMISSION
RESOLUTION NO. 2023-______

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF MURRIETA, RECOMMENDING THAT THE CITY COUNCIL

AUTHORIZE THE FILING OF THE ENVIRONMENTAL

DETERMINATION AND APPROVE DEVELOPMENT CODE
AMENDMENT (MCA -2023-00001) RELATED TO SECTIONS,

16.08.010, 16.08.020, 16.34.0401, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050

WHEREAS, the City of Murrieta (“City”) proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, and 16.73.050; and,

WHEREAS, MCA-2023-00001 includes an update in order to implement policies of the Murrieta Climate Action Plan; and

WHEREAS, MCA-2023-00001 includes an update in order to implement policies of the Murrieta 6th Housing element Policy Action 1-9; and

WHEREAS, on June 14, 2023, the City of Murrieta Planning Commission provided an opportunity for public comments, and discussed the proposed Development Code Amendments, at which a staff report was presented and evidence in the record was provided to support the findings required by the Murrieta Development Code Section

16.58.080;

WHEREAS, the Planning Commission considered and discussed the pub lic comments and written information provided at the public hearing at both meetings and has determined that the proposed Development Code Amendment is appropriate; and

WHEREAS, the Planning Commission has considered the potential for environmental effect s as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA) and concurs with staff’s recommendation.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Murrieta does resolve as follows:

Findings and Recommended Approval for Development Code Amendments:

1. The proposed amendment ensures and maintains internal consistency with all of the objectives, policies, general plan land uses, programs and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providing regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Ame ndments revises and updates sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200, 16.52.040, and

16.73.050.

2. The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the City;

FACTS: The General Plan will promote the health, safety , and welfare of the City through the listed goals and policies included within each element, the proposed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

3. The proposed amendment is internally consistent with other applicable provisions of the Development Code.

FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Deve lopment Code and thereby, is internally consistent.

4. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA);

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQA Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the developm ent density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and are consistent within, no additional environmental review is required. Therefore, the amend ments are exempt under the CEQA Guidelines. Staff and the Planning Commission have recommended that the City Council find that the project is exempt from CEQA, and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

BE IT FURTHER RESOLVED that based on the written information provided, the public comments received, and the findings stated above, the Planning Commission recommends that the City Council adopt the env ironmental determination and approve the Development Code Amendment MCA-2023-00001 amending sections 16.08.010,

16.08.020, 16.34.0401, 16.44.115, 16.44.200, 16.52.040, and 16.73.050 as shown on the attached Ordinance.

PASSED, APPROVED , AND ADOPTED at a r egular meeting of the Planning Commission of the City of Murrieta, California, held on the 14th day of June 2023.

APPROVED:

______________________________
Planning Commission Chairperson

ATTEST:

__________________________
Carl Stiehl, Interim City Planner

I, Carl Stiehl, Interim City Planner, City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Planning Commission on the 14th day of June 2023 by the following roll call vote:

MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________

AYES:

NOES:

ABSENT:

ABSTAINED:

__________________________
Carl Stiehl, Interim City Planner

ATTACHMENTS:

Exhibit A Draft Ord. – Electric Vehicle Charging and Housing Element Implementation Ordinance

I, Carl Stiehl, Interim City Planner, City of Murrieta, California do hereby certify under penalty of perjury that the foregoing Resolution was duly adopted at a regular meeting of the Planning Commission on the ___ day of ___________________, 202 3 by the following roll call vote:

MOTION MADE BY COMMISSIONER ____________________________ SECONDED BY COMMISSIONER _______________________________

AYES:

NOES:

ABSENT:

ABSTAINED:

__________________________
Carl Stiehl, Interim City Planner

NOTICE OF EXEMPTION

To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044

Riverside County Clerk
From (Public
Agency):

City of Murrieta
1 Town Square
Murrieta, CA 92562
4080 Lemon St.

Riverside, CA 92501

Project Title: Electric Vehicle Charging and Housing Element Implementation Ordinance Project Applicant: The City of Murrieta
Project Location -
Specific:

Citywide
Project Location - City: City of Murrieta
Project Location -
County:

County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:

Nature: The Project is a Development Code Amendment (MCA -2023-00001) for the adoption of an Electric Vehicle Charging and Housing Element Implementation Ordinance. Th e Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050 and filing a Notice of Exemption.

Purpose: To bring the City’s Development Code into compliance with the City’s Climate Action Plan Policy T-2 and Housing Element Policy Action 1 -9: Amend the City’s Zoning for Compliance with State Law and to Reduce Governmental Constraints on the Development of Housing.

Beneficiaries: City of Murrieta
Name of Public Agency Approving Project: City of Murrieta Name of Person or Agency Carrying Out
Project:

City of Murrieta
Exempt
Status
(check one):

Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. Type and Section: State CEQA Guidelines §15183 Projects Consistent with a Community Plan or Zoning
Statutory Exemption. Code Number:

Reasons Why Project is Exempt:

State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.”

The Murrieta General Plan 2035 and its associated EIR (SCH#2010111084) were certified July 19, 2021. The document Comprehensively examined the potent ial environmental impacts that d occur as a result of the implementation of its policies.

The Project is an Ordinance to revise Title 16 of the Murrieta Municipal Code to implement Policy T-2 of the City’s Climate Action Plan and Policy Action 1 -9 of the Housing Element. The Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08, 16.31, 16.44, 16.52, and 16.73.

The proposed action is exempt from the California Environmental Quality Act (CEQA) as this meets the required actions of CEQA Guidelines Section 15183 Projects Consistent with a Community Plan or Zoning, because it involves the adoption and implementation of policies within the City’s Climate Action Plan and Housing Element both of which were examined as part of the City’s General Plan EIR. The Project will not cause significant environmental impact and implements a uniformly applied development policy or s tandard that is consistent with the Climate Action Plan and Housing Element.

The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

In approving a project meeting the requirements of CEQA Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:

1. Is the project consistent with the General Plan and Zoning designations for the site (including density for residential developments)? Yes__X__ No_____ If yes, please explain below. If no, the project does not qualify for this exemption.

Comment/Finding:

As indicated above, the Project will bring the Development Code into greater compliance with the Climate Action Plan and Housing Element. The Project will not increase the permitted density for residential developments.

2. Are there any impacts that weren’t evaluated in the General Plan EIR that are peculiar to the project or the parcel on which the project would be located? Yes_____ No_X___ If yes, an initial study or detailed analysis is necessary to determine if specific impacts will need to be mitigated.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project implements acti ons identified within the Climate Action Plan and Housing Element which were evaluated with the General Plan EIR. Therefore, all potential impacts were identified as part of the General Plan EIR.

3. Are there project specific impacts which the General Plan EIR failed to analyze as significant effects.

Yes_____
No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project would not result in any additional impacts that were not evaluated with the General Plan EIR.

4. Is there substantial new information which would result in more severe impacts than anticipated by the General Plan EIR?
Yes_____
No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

There is no new information as a result of the Project that would result in more severe impacts. The proposed actions implement polic ies within the Climate Action Plan and Housing Element both of which were evaluated with the General Plan EIR.

Lead Agency
Contact Person: Taylor Graybehl
Telephone
& Extension: (951) 837-4320
If Filed by Applicant:

3. Attach certified document of exemption finding.

4. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Title: Associate Planner Date:

Signed by Lead Agency Date received for filing at OPR: Signed by Applicant

Meeting Date: 06-14-2023
ORDINANCE NO. XX:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, AMENDING TITLE 16 OF THE MURRIETA MUNICIPAL CODE TO AMEND THE CITY’S DEVELOPMENT CODE (MCA-2023-00001), TO REVISE SECTIONS 16.08.010, 16.08.020,

16.34.040, 16.44.115, 16.44.200, 16.52.040, AND 16.73.050.

WHEREAS, as the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040,

16.44.115, 16.44.200, 16.52.040, and 16.73.050.

WHEREAS, as the City has adopted the California Green Buildings Standards Code, which , became effective January 1, 2023; and
WHEREAS, the January 2020 City of Murrieta Climate Action Plan Update is intended to implement policies of the Murrieta General Plan Update; and WHEREAS, the Murrieta 6 th Cycle Housing Element Policy Action 1 -9 outlines amendments to the City’s municipal code to implement; and WHEREAS, the California Environmental Quality Act (CEQA) Guidelines Section 151833- Projects Consistent with a Community Plan, General Plan, or Zoning , allows a streamlined environmental review process for projects that are consistent with the development densities established by existing zoning, community plan or general plan policies for which an Environmental Impact Report (EIR) was certified; and
WHEREAS, on XX XX, 2023 the City Council of the City of Murrieta held a duly noticed public hearing on this proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by Murrieta Development Code Section 16.13; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Murrieta, does ordain as follows:

SECTION 1. FINDINGS
Based upon the substantial evidence presented at the public hearing on XX XX, 2023, including written and oral staff reports and public and applicant written and oral testimony, and on the record from the Planning Commission public hearing, in accordance with Murrieta Development Code, the City Council of the City of Murrieta approves the Development Code Amendment s in accordance with the following findings:

Findings and Recommended Approval for Development Code Amendments:

13. The proposed amendments ensure and maintains internal consistency with all of the objectives, policies, general plan land uses, programs and actions of all elements of the general plan;
FACTS: The Development Code is the primary tool for implementing the General Plan, providin g regulating standards, identification of permitted uses, and other regulations that support the proper implementation of the General Plan Update. This Development Code Amendment revises and updates sections 16.08, 16.31, 16.44,

16.52, and 16.73.

14. The proposed amendment s would not be detrimental to the public convenience, health, safety or general welfare of the city;
FACTS: The General Plan promotes the health, safety and welfare of the City through the listed goals and policies included within each element. The proposed Code Amendments are consistent with Murrieta’s 6th Cycle Housing Element and would not be detrimental to the public convenience, health, safety or general welfare of the city.

15. The proposed amendments are internally consistent with other applicable provisions of the Development Code;
FACTS: The January 2020 City of Murrieta Climate Action Plan Update includes a policy to adopt an EV charging station ordinance that requires new development standards and this ordinance complies with that requirement. The amendment has been drafted to integrate and implement the Electric Vehicle Parking Requirements in the Development Code and thereby, is internally consistent.

16. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA) Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning.

FACTS: The project has been evaluated pursuant to CEQA and was determined exempt under CEQ A Guidelines Section 15183 - Projects Consistent with a Community Plan, General Plan, or Zoning. Section 15183, provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an e nvironmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.” Considering that the amendments implement policies identified within the General Plan, and consistent within, no additional environmental review is required. Therefore, the amendments are exempt under the CEQA Guidelines. Staff and the Planning Commission have reco mmended that the City Council find that the project is exempt from CEQA , and direct staff to record and file the document under CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

SECTION 2. Section 16.44.115 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.115 Electric Vehicle Parking Requirements.

A. Definitions.

1. Electric Vehicle Supply Equipment. Refer to Vehicle Code Section 22511.2.

2. Electric Vehicle Charging Space. Refer to Vehicle Code Section 22511.2.

13. EV: An automotive-type vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.

14. EV Capable Space: A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.

15. EV Ready Space: A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.

16. Level 2 EV Supply Equipment (EVSE): The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.

B. Standards.

1. A parking space served by EVSE or a parking space designated as a future electric vehicle charging space shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.

2. An accessible parking space with an access aisle served by EVSE or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City. (Ord. 566 § 15, 2020)

3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.

4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.

C. Requirements per Development Type
TABLE 16.44.115-1

ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION

Occupancy Type EVSE Parking Requirement (round up
to nearest parking space)
One- and Two-Family Homes, Multi-
Family Dwellings with Private Garages
Installation of one Level 2 or greater
EVSE per enclosed garage
Multi -Family Dwellings without Private
Garages, Hotels and Motels
Install Level 2 EVSE for 6% of total
parking spaces required
Non-Residential Development Install Level 2 EVSE for 4% of total parking spaces less than 200 parking
spaces.

Install Level 2 EVSE for 5% of total
parking spaces for 201 or greater
parking spaces.”

SECTION 3. Section 16.08.020 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-4 to read as follows:
“TABLE 16.08-4

RESIDENTIAL (MULTI-FAMILY) ZONES

GENERAL DEVELOPMENT STANDARDS
Development
Feature
MF-1(5) MF-2(2) MF-3
Minimum Parcel
Size
1 acre 5 acres 1 acre 5 acres 1 acre 5 acres
Minimum Parcel
Width
100 feet 100 feet 100 feet
Density Range 10.1 - 15
du/acre

15.1 - 18.0
du/acre
Min. 30 du/acre
Minimum Livable
Area
500 sq. ft. 500 sq. ft. 500 sq. ft.

Setbacks
Street 10 feet 10 feet Varying 10 - 20 feet
Interior 10 feet 10 feet Minimum 10 feet(1)
Maximum Parcel
Coverage
35% 35% None
Maximum Height
Limit
50 feet 50 feet 100 feet
Open Space (per
dwelling unit)

Private Open
Space
60 sq. ft./upper
floor
100 sq. ft./ground
floor
60 sq. ft./upper
floor
100 sq.
ft./ground floor
All units 50 sq. ft.(2)
Common Open
Space
200 sq. ft. 200 sq. ft. 150 sq. ft.(3)
Recreational
Amenities
For projects containing 25 or
more dwelling units, provide one
recreational amenity for each 30
dwelling units or fraction
thereof(4)
Minimum On-site
Landscaping
10% of the site area
Notes:
(1)   When adjacent to existing single-family residential use or zone, the building setback from the nearest property line shall be 10 feet for the first 25 feet in height, above 25 feet in height the setback shall be 20 feet, and above 50 feet, the setback shall be 30 feet.
(2)   For stand-alone multi-family residential projects or as part of a mixed-use development, each residential unit shall be provided with at least one area of private open space accessible directly from the living area of the unit, in the form of fenced yard or patio, a deck or balcony at a minimum area of 50 square feet. The minimum dimension, width or depth of a balcony shall be 5 feet. (3)   All common open space shall be conveniently located and accessible to all dwelling units on the site. Common open space may include landscaping, pedestrian paths and recreational amenities. In projects containing fewer that 10 units, the common open space shall have a minimum width and depth of 10 feet. In projects containing 10 or more or units, the minimum width and depth shall be 20 feet. (4)   One common recreational amenity shall be provided for each 30 units or fraction thereof. The following listed amenities satisfy the above recreational facilities requirements. Recognizing that certain facilities serve more people than others, have a wider interest or appeal, and/or occupy more area, specified items may be counted as two amenities, as noted. In all cases, each square foot of land area devoted to a recreational amenity shall be credited as common open space on a 1:1 basis. a.   Clubhouse (two)
b.   Swimming Pool (two)
c.   Tennis, Basketball or Racquetball court
d.   Weightlifting facility
e.   Children's playground equipment
f.   Sauna or Jacuzzi
g.   Day Care Facility (two)
h.   Other recreational amenities deemed adequate by the director. (5)   For projects proposing a clustering configuration with detached single-family homes or within small attached unit configurations, please see 16.16.020 “Planned Residential Development General Standards” and 16.16.030 “Planned Residential Development Design Standards and Parameters” for requirements.”

SECTION 3. SECTION 16.73.050 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:

16.73.050 Findings and Decision.

A. Any decision on an application under this chapter shall be supported by written findings addressing the criteria set forth in this subsection. An application under this chapter for a reasonable accommodation shall be granted if all of the following findings are made:

1. The housing, which is the subject of the request, will be used by an individual disabled as defined under the Acts.

2. The requested reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

3. The requested reasonable accommodation would not impose an undue financial or administrative burden on the city.

4. The requested reasonable accommodation would not require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.

5. The requested reasonable accommodation would not adversely impact surrounding properties or uses.

5. There are no reasonable alternatives that would provide an equivalent level of benefit without requiring a modification or exception to the city's applicable rules, standards and practices.

B. In determining whether the requested reasonable accommodation is necessary to make specific housing available to individual(s) with a disability, pursuant to Subsection (A)(2) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation will affirmatively enhance the quality of life of a person(s) with disability.

2. Whether the person(s) with disability will be denied opportunity to enjoy the housing type of their choice absent the accommodation.

C. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, pursuant to Subsection (A)(4) above, the city may consider, but is not limited to, the following factors:

1. Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2. Whether the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the requested accommodation would substantially undermine any express purpose of either the city's general plan or applicable specific plan.

D. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by Subsection (A) above.”

SECTION 4. Section 16.08.010 of Title of the Murrieta Municipal Code is hereby amended solely with respect to Table 16.08-1 and Table 16.08-2 to read as follows:
“TABLE 16.08-1

USE TABLE

FOR RESIDENTIAL (SINGLE-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning clearance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not permitted

Land Use (1) (2) RR ER-1 ER-2 ER-3 SF-1 SF-2 See Standards in Section
Manufactured
Housing Home
(including mobile
homes)(6)
P P P P P P 16.44.050”

“TABLE 16.08-2

USE TABLE

FOR RESIDENTIAL (MULTI-FAMILY) ZONING DISTRICTS
Permit Requirement by District
Symbol Applicable Process See Chapter
P Permitted Land Use - Compliance with development standards and zoning compliance required

16.74 C Conditional Use - Conditional use permit required 16.52 "Blank" Land use not allowed

Land Use (1) (2) MF-1 MF-2 MF-3 See Standards in
Section
Manufactured
Home
P P P
Mobile Home
Parks
C C C”

SECTION 5. Section 16.34.040 of Title 16 of the Murrieta Municipal Code is hereby amended solely with respect to Table 3-7 to read as follows:
“16.34.040 Number of Parking Spaces Required.

TABLE 3-7 PARKING

REQUIREMENTS BY LAND USE

Residential Uses Vehicle Spaces Required
Single family housing Two spaces in a fully enclosed garage.

Duplex housing units Two spaces for each unit, with at least one space in a fully enclosed garage.

Multi-family
dwellings and other
attached dwellings
Studio and one bedroom units: 1.5 spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Two bedrooms or more: 2 spaces for each unit, plus 0.5 additional spaces for each bedroom over 2, with one space for each unit in a fully enclosed garage, plus guest parking equal to 25% of the total number of units.

Mobile homes (in
mobile home parks)
Two spaces for each mobile home (tandem parking allowed in an attached carport), plus one guest parking space for each four units.

Condominiums Studio, one bedroom and two bedroom units: Two covered spaces for each unit, with one space for each unit in a fully enclosed garage, plus guest parking. Three bedrooms or more: Two spaces for each unit with one space for each unit in a fully enclosed garage; plus 0.5 additional spaces for each bedroom over two; plus guest parking equal to 33% of the total number of units evenly spread throughout the entire project.

Mixed-use
developments
(residential portion)
Determined by conditional use permit.

Accessory dwelling
units
See Section 16.44.160
Senior housing
projects
One space for each unit with half the spaces covered, plus one guest parking space for each ten units.

Senior congregate
care

0.5 space for each residential unit, plus one space for each four units for guests and employees.

Short-term vacation
rentals
Parking for the short-term vacation rental shall comply with the requirements as specified under Table 3-7, Table 5.27-01 for required on-site quantities, and Section 16.44.260 of this municipal code. Required parking shall be allocated on- site of the single-family residential dwelling, or within designated parking spaces for condominiums, as prescribed by Table 5.27-01. All garage, driveway, carport and tandem parking spaces associated with the single-family residential dwelling or condominium unit shall, at all times, be available for parking of transient occupant and guest vehicles, as those terms are defined in Title 5.27. Temporary parking passes issued by the city shall be provided to all transient occupants and for their guest(s). The observable parking passes shall be displayed in the vehicle’s front-windshield for the duration of the stay.

Density Bonus On-site parking for a density bonus project shall be consistent with the requirements as described under Government Code Section 65915(p). See Section 16.20.040.B.4 for additional details.”

SECTION 6. Section 16.52.040 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.52.040 Findings and Decision.

Following a review of the application and public hearing in compliance with Chapter

16.76, the applicable re-view authority shall act to approve, approve with conditions, or disapprove the conditional use permit. The re-view authority may approve a conditional use permit only if all of the following findings of fact can be made in a positive manner:

A. The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code;
B. The proposed use is consistent with the objectives, policies, general land uses, and programs of the general plan, and any applicable specific plan; C. The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored; D. The site is suitable for the type and intensity of use or development that is proposed;
E. There are adequate provisions for sanitation, water, and public utilities and services to ensure public convenience, health, safety, and general welfare; and F. The proposed use would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses in the vicinity or adverse to the public convenience, health, safety, or general welfare, or materially injurious to properties and improvements in the vicinity of the subject property.”

SECTION 7. Section 16.44.200 of Title 16 of the Murrieta Municipal Code is hereby amended in its entirety to read as follows:
“16.44.200 Emergency Residential Shelters and Transitional Housing.

A. Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.

B. Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.

1. A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.

2. The facility shall operate on a first-come, first serve basis with clients only permitted on- site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.

3. To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.

4. Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.

5. Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

6. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.

7. Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.

8. Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
a. A minimum of one (1) toilet for every eight (8) beds per gender. b. A minimum of one (1) shower for every eight (8) beds per gender. c. Private shower and toilet facility for each area designated for use by individual families.

9. An emergency shelter facility shall provide off-street parking at the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

9. An emergency shelter facility shall provide off-street parking:
a. The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.
b. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.

10. Bike rack parking shall be provided at the facility.

11. Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.

12. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, educational, health care, legal services, or mental health services.
c. Laundry facilities to serve the number of clients at the shelter. d. Kitchen and dining area.
e. Client storage area.
f. Similar types of facilities to address the needs of homeless clients, as determined by the planning director.

13. A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
a. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
b. A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290; c. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment; d. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta; e. Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period; f. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services; g. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city; h. Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period; i. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
j. The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.

14. The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and

15. Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.

D. Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.”
SECTION 8. EFFECTIVE DATE.

This ordinance shall take effect thirty (30) days after its adoption.

SECTION 9. SEVERABILITY.

If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect oth er provisions or applications, and to this end the provisions of this ordinance are declared to be severable.

SECTION 10. NOTICE OF ADOPTION.

The City Clerk shall certify to the adoption of this ordinance and shall publish a summary of this ordinance and post a certified copy of the full ordinance in the office of the City Clerk at least five (5) days prior to the adoption of the proposed ordinance; and within fifteen (15) days after adoption of the ordinance, the City Clerk shall publish a summary of the o rdinance with the names of the council members voting for and against the ordinance.

ADOPTED by the City Council, signed by the Mayor, and attested by the City Clerk this ____ day of _______, 2023.

_______________________________
Lisa DeForest, Mayor

ATTEST:

____________________________
Cristal McDonald, City Clerk

APPROVED AS TO FORM:

____________________________
TIffany J. Israel, City Attorney

I, Cristal McDonald, City Clerk of the City of Murrieta, California, hereby certify under penalty of perjury that the foregoing Ordinance was duly and regularly introduced at a meeti ng of the City Council on the xxth day of xxxx, 2023, and that thereafter the said ordinance was duly and regularly adopted at a regular meeting of the City Council o n the ___ _ day of ________, 2023 , by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Murrieta, California, this _____ day of __________, 2023.

1 NOTICE OF EXEMPTION

To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 95812-3044

Riverside County Clerk
From (Public Agency): City of Murrieta
1 Town Square
Murrieta, CA 92562
4080 Lemon St.

Riverside, CA 92501

Project Title: Electric Vehicle Charging and Housing Element Implementation Ordinance Project Applicant: The City of Murrieta
Project Location - Specific: Citywide
Project Location - City: City of Murrieta
Project Location - County: County of Riverside
Description of Nature, Purpose, and Beneficiaries of Project:

Nature: The Project is a Development Code Amendment (MCA-2023-00001) for the adoption of an Electric Vehicle Charging and Housing Element Implementation Ordinance. The Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200, 16.52.040, AND

16.73.050 and filing a Notice of Exemption.

Purpose: To bring the City’s Development Code into compliance with the City’s Climate Action Plan Policy T-2 and Housing Element Policy Action 1 -9: Amend the City’s Zoning for Compliance with State Law and to Reduce Governmental Constraints on the Development of Housing.

Beneficiaries: City of Murrieta
Name of Public Agency Approving Project: City of Murrieta Name of Person or Agency Carrying Out Project: City of Murrieta Exempt Status
(check one):

Pursuant to California Environmental Quality Act (CEQA) Statute and Guidelines Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 152269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. Type and Section: State CEQA Guidelines §15183 Projects Consistent with a Community Plan or Zoning
Statutory Exemption. Code Number:

Reasons Why Project is Exempt:

State CEQA Guidelines Section 15183 (Public Resources Code §21083.3), provides that projects which are consistent with the development density established by a Community Plan, General Plan, or Zoning for which an environmental impact report (EIR) has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site.”

The Murrieta General Plan 2035 and its associated EIR (SCH#2010111084) were certified July 19, 2021. The document Comprehensively examined the potential environmental impacts that occur as a result of the implementation of its policies.

The Project is an Ordinance to revise Title 16 of the Murrieta Municipal Code to implement Policy T-2 of the City’s Climate Action Plan and Policy Action 1 -9 of the Housing Element. The Project proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.08, 16.31, 16.44, 16.52, and 16.73.

The proposed action is exempt from the California Environmental Quality Act (CEQA) as this meets the required actions of CEQA Guidelines Section 15183 Projects Consistent with a Community Plan or Zoning, because it involves the adoption and implementation of policies within the City’s Clima te Action Plan and Housing Element both of which were examined as part of the City’s General Plan EIR. The Project will not cause significant 2 environmental impact and implements a uniformly applied development policy or standard that is consistent with the Climate Action Plan and Housing Element.

The following findings are made in compliance with CEQA Section 15183 – Project consistent with a Community Plan or Zoning.

In approving a project meeting the requirements of CEQA Section 15183, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis:

1. Is the project consistent with the General Plan and Zoning designations for the site (including density for residential developments)? Yes__X__ No_____ If yes, please explain below. If no, the project does not qualify for this exemption.

Comment/Finding:

As indicated above, the Project will bring the Development Code into greater compliance with the Climate Action Plan and Housing Element. The Project will not increase the permitted density for residential developments.

2. Are there any impacts that weren’t evaluated in the General Plan EIR that are peculiar to the project or the parcel on which the project would be located? Yes_____ No_X___ If yes, an initial study or detailed analysis is necessary to determine if specific impacts will need to be mitigated.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project implement s actions identified within the Climate Action Plan and Housing Element which were evaluated with the General Plan EIR. There fore, all potential impacts were identified as part of the General Plan EIR.

3. Are there project specific impacts which the General Plan EIR failed to analyze as significant effects.

Yes_____ No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

The Project would not result in any additional impacts that were not evaluated with the General Plan E IR.

4. Is there substantial new information which would result in more severe impacts than anticipated by the General Plan EIR?
Yes_____ No__X__
If yes, an initial study or other detailed analysis is necessary to determine if the impacts are considered to be significant and if mitigation is required.

If no, continue with CEQA Section 15183 Exemption.

Comment/Finding:

There is no new information as a result of the Project that would result in more severe impacts. The proposed actions implement policies within the Climate Action Plan and Housing Element both of which were evaluated with the General Plan EIR.

Lead Agency
Contact Person: Taylor Graybehl
Telephone
& Extension: (951) 837-4320
If Filed by Applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Title: Associate Planner Date:

Signed by Lead Agency Date received for filing at OPR: Signed by Applicant

Electric Vehicle and Housing
Element Implementation
Ordinance
(MCA -2023 -00001)
Development Services Department
Carl Stiehl, City Planner and Taylor Graybehl, Associate Planner October 17, 2023
Public Hearing Item 5
Received After Agenda Printed
Regular City Council Meeting 10-17-23
Item No. 5 - Staff Presentation
2 Background
6th Cycle Housing ElementClimate Action Plan (CAP)
Climate
Action
Plan
Part of
General
Plan
Approved
by
Council
Adopted
2020
Housing
Element
Part of General
Plan
Approved by
Council
PC
recommended
approval
Adopted 2023

EV Parking
Requirements
4 CAP Implementation
Measures
CAP
Measure
Description GHG Reduction
2030 (MTCO2e)
Transportation
T-1 Electric Vehicle Incentives and Promotion 86,188
T-2 Electric Vehicle Charging Ordinance Combined with T-1 T-3 TOD Affordable Housing Program 5,036
T-4 Murrieta Bike Network 367
T-5 Signal Synchronization 1,213
T-6 Traffic Calming Program 890
T-7 Transportation Demand Management Program 8,954
T-8 Transit Network 10,391
T-9 GHG Reduction Program 41,357
5 Electric Vehicle Parking
Requirements
• Climate Action Plan Policy T-2
(Adopt an EV Ordinance)
• CA Green Building Standards Code (CALGreen)
Implements:
• Definitions
• Standards
• Requirements
Updates:
6 Electric Vehicle Parking
Requirements
Update Definitions and Standards
• Electric Vehicle (EV)
• EV Capable Space
• EV Ready Space
• Level 2 EV Supply Equipment (EVSE)
• Signage and pavement markings
• Spaces shall comply with CALGreen
7 Electric Vehicle Parking
Requirements
Update Requirements
Adds table detailing requirement for Level 2
EVSE for:
• One- and two-family homes and multi-family
with garage
• Multi-family, hotel, motel without garage
• Non-residential development
Housing Element (HE)
Implementation
9 HE Implementation
• Housing Element Policy Action 1-9
• State law consistent with HCD requirements from Housing Element Update Review
Implements:
• Minimum lot size
• Reasonable accommodation
• Manufactured homes in residential zones by right
• Parking requirements in multi-family housing
• Conditional use permit findings
• Emergency shelter parking
Updates:

10 HE Implementation
Minimum Lot Size
• Reduces minimum lot size from 5 acre
minimum to 1 acre in Multi-Family zones
Reasonable Accommodation
• Removes subjective language from Section 16.73
Reasonable Accommodation
11 HE Implementation
Manufactured Homes in Residential Zones
by right
• Updates use type for Manufactured Home
• Allows Manufactured Home in residential zones
Parking Requirements in Multi-Family
Housing
• Removes the enclosed parking requirement for
Multi-family and other attached dwellings
12 HE Implementation
Conditional Use Permit Findings
• Removes subjective language from CUP
findings related to residential development
while maintaining existing CUP findings for non-
residential development
Emergency Shelter Parking
• Modifies Emergency Shelter Parking
requirements to not require more parking
than other residential or commercial uses
within the same zone
Recommendation
14 Consider and approve the Notice of Exemption for Projects Consistent with a Community Plan or Zoning pursuant to the Guidelines for Implementation of the California Environmental Quality Act Section 15183 of Title 14, Division 6, Chapter 3 of the California Code of Regulations, and Public Resources Code Section 21083.3);
Approve the first reading to introduce Ordinance No. 598-23, entitled: An Ordinance of the City Council of the City of Murrieta, California, Amending Title 16 of the Murrieta Municipal Code to Revise the City’s Development Code (MCA- 2023-00001), to adopt Electric Vehicle Charging and Housing Implementation standards related to Sections 16.08.010, 16.08.020, 16.34.040, 16.44.115, 16.44.200,

16.52.040, and 16.73.050; and
Direct staff to record and file a Notice of Exemption from CEQA Recommendation:

Electric Vehicle and Housing
Element Implementation
Ordinance
(MCA -2023 -00001)
Development Services Department
Carl Stiehl, City Planner and Taylor Graybehl, Associate Planner October 17, 2023
Public Hearing Item 5
Additional Slides
17 Electric Vehicle Parking
Requirements
Update Definitions
18 Electric Vehicle Parking
Requirements
Update Standards
19 Electric Vehicle Parking
Requirements
Update Requirements

20 Proposal v. Green
Building Standards
Green Building
Code Standards
Proposed
Ordinance
21 Proposal v. Green
Building Standards
< 1,000 per charger
# of Parking
Space
Green
Building Proposed Extra
Required
50 3 3 0
100 5 6 1
200 10 12 2
400 20 24 4

Building Type Before 2023 After 2023 Proposed Changes
One- and Two-Family
Dwellings EV Ready: Yes EV Ready: Yes (No Change)
Multi-family dwellings,
without Private Garage
(under 20 units)
EV capable: 10%
Level 2 EVSE: 0%
EV Capable: 10%
EV Ready: 25%
Level 2 EVSE: 0%
6% Level 2 EVSE
(+6 % Level 2 EVSE)
Multi-family dwellings,
without Private Garage
(20 units or more)
EV Capable: 0% to 10%
Level 2 EVSE: 0%
EV Capable: 10%
EV Ready: 25%
Level 2 EVSE: 5%
6% Level 2 EVSE
(+1 % Level 2 EVSE)
Hotels and Motels EV Capable: 0% to 10%
Level 2 EVSE: 0%
EV Capable: 10%
EV Ready: 25%
Level 2 EVSE: 5%
6% Level 2 EVSE
(+1 % Level 2 EVSE)
One- and Two-Family
homes and Multi-
Family Dwellings
with Private Garages
EV Capable: Yes
Level 2 EVSE: 0%
EV Capable: Yes
Level 2 EVSE: 0%
One (1) Level 2 EVSE per garage
(+1 Level 2 EVSE)
Non-Residential
Development
200 spaces or less:
• EV Capable: ~5%
• Level 2 EVSE: 0%
201 or more spaces:
• EV Capable: 6%
• Level 2 EVSE: 0%
200 spaces or less:
• EV Capable: ~19% average
• Level 2 EVSE: 4% average
201 or more spaces:
• EV Capable: 20%
• Level 2 EVSE: 5%
(No Change)
23 Implementation Ordinance
Updates to Housing related to Policy Action 1-9:

Update Related Policy(s)
Multi-Family Minimum lot size Policy 3.1 and Policy 3.2 Reasonable accommodation updates Policy 1.4 and Policy 3.2 Manufactured homes in all residential zones Policy 1.1 and Policy 1.4 Garage requirement in multi-family housing Policy 1.1, Policy 3.1 and Policy 3.2 Conditional use permit findings for residential
uses
Policy 3.2
Emergency shelter parking standard Policy 3.2
24 HE Implementation
Policy Action 1-9: Amend the City’s Zoning for Compliance with State Law and to Reduce Governmental Constraints on the Development of Housing
The City of Murrieta will review and make appropriate amendments to the Development Code for the following:
• Update the development to allow for Manufactured and Mobile homes as a by-right use in all residential zones. • Update the review and amend the development code as appropriate to address the minimum lot size required for Multi-family residential developments, specifically, the minimum lot provisions in Multi-Family zones, such as MF-1, MF-2, and MF-3.
• Review and revise Title 16.73.050 “Findings and Decision” to revise the following findings for reasonable accommodations to remove subjective language and mitigate the constraint of development for accessible housing:
• Specifically, the City will review and revise Finding 5, which states “The requested reasonable accommodation would not adversely impact surrounding properties or uses” to specify objective requirements related to building and safety standards.
• Amend Title 16.31.040 “Number of Parking Spaces Required” to remove the requirement for one (1) space for each unit in a fully enclosed garage for multifamily housing projects. • Amend Title 16.52.040 “Findings and Decisions” to revise Finding A, “The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all applicable provisions of this development code” to remove the language which references integrity and character. • Amend Title 16.44.200 “Emergency Residential Shelters and Transitional Housing” to provide for sufficient parking to accommodate all staff working in the emergency shelter, provided that the parking standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.

25 HE Implementation
Minimum Lot Size
“Update the review and amend the development code as appropriate to address the minimum lot size required for Multi-family residential developments, specifically, the minimum lot provisions in Multi- Family zones, such as MF-1, MF-2, and MF-3.”

26 HE Implementation
Reasonable Accommodation
“Review and revise Title 16.73.050 “Findings and Decision” to revise the following findings for reasonable accommodations to remove subjective language and mitigate the constraint of development for accessible housing:

Specifically, the City will review and revise Finding 5, which states “The requested reasonable accommodation would not adversely impact surrounding properties or uses” to specify objective requirements related to building and safety standards”

27 HE Implementation
Manufactured Homes in Residential
Zones by right
“Update the development to allow for Manufactured and Mobile homes as a by-right use in all residential zones.”

28 HE Implementation
Manufactured Homes in Residential
Zones by right
“Update the development to allow for Manufactured and Mobile homes as a by-right use in all residential zones.”

29 HE Implementation
Parking Requirements in Multi-Family
Housing
“Amend Title 16.31.040 “Number of Parking Spaces Required” to remove the requirement for one (1) space for each unit in a fully enclosed garage for multifamily housing projects.”

30 Proposed Amendment
Conditional Use Permit Findings
Staff had concern that the previously proposed Conditional Use Permit Findings may impact our ability to regulate non-residential uses.

Staff proposes the revised language:

31 HE Implementation
Emergency Shelter Parking
“Amend Title 16.44.200 “Emergency Residential Shelters and Transitional Housing” to provide for sufficient parking to accommodate all staff working in the emergency shelter, provided that the parking standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.”

CITY OF MURRIETA
City Council Meeting Agenda
Report
10/17/2023
Agenda Item No.

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Chantarangsu, AICP - Development Services Director PREPARED BY: Aaron Rintamaki, Associate Planner
SUBJECT: Ivy House Master Development Plan (2nd Reading) ..title

RECOMMENDATION
Conduct the continued public hearing from October 3, 2023; Consider and approve the Addendum to the Mitigated Negative Declaration pursuant to the California Environmental Quality Act Guidelines (Cal. Code Regs. Title 14) Section 15164; Conduct the second reading and, adopt Ordinance No. 597-23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Approving and Adopting Amended Master Development Plan MDP-2021-2430 on a 22-Acre Site to be Developed with 62 Single-Family Detached Lots with Related Improvements for Circulation, Infrastructure, and Murrieta Creek ; and
Adopt Resolution No. 23-4707 entitled: A Resolution of the City Council of the City of Murrieta Approving the Environmental Determination, Amended Master Development Plan 2021-2430, Revised Tentative Tract Map 2021-2428, and Revised Development Plan Permit 2021-2429 for Ivy House, a 22-Acre Site to be Developed with 62 Single-Family Detached Lots and Related Improvements for Circulation, Infrastructure, and Murrieta Creek Drainage Channel Located East of Murrieta Creek, West of New Clay Avenue, and South of “B”Street within the Residential Single-Family 1 (RS-1) Zone of the Downtown Murrieta Specific Plan Area.

PRIOR ACTION/VOTE
On January 15, 2019, the Housing Authority provided direction to appraise and dispose of 42310 B Street pursuant to Health and Safety Code Section 34176.1 (Dissolution of Redevelopment Agencies).

On July 21, 2020, the Housing Authority adopted Resolution No. MHA 20-24 approving a Purchase and Sale Agreement with Diversified Pacific for the Property (Vote: 4-0-1). Subsequently, escrow closed on February 18, 2022, completing the disposition of the property by the City.

On October 5, 2021, the City adopted Resolution No. 2021-34, allowing for the execution of Preliminary Application for financing for improvements associated with the residential development of the Property (Vote: 4 -0-1).

On June 14, 2023, the Planning Commission held a public hearing and recommended that the City Council CITY OF MURRIETA Printed on 1/24/2024Page 1 of 2
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10/17/2023
Agenda Item No.

On June 14, 2023, the Planning Commission held a public hearing and recommended that the City Council adopt an Addendum to the MND and approve Revised Permit 2021-2429, Revised Tentative Tract Map 2021- 2428, and an amended Master Development Plan 2021-2430 through Planning Commission Resolution No.

PC-2023-07 (Vote: 5-0).

On October 3, 2023, the City Council approved the introduction and first reading of Ordinance No. 597-23 (Vote: 4-0-1).

CITY COUNCIL GOAL
Aggressively pursue economic development.

BACKGROUND
On October 3, 2023, the City Council held a Public Hearing (Attachment 2) and conducted the first reading of Ordinance No. 597-23 regarding the project's approval. The City Council continued the Public Hearing to October 17, 2023. It is appropriate to conduct the second reading to adopt Ordinance No. 597-23 (Attachment 1) and Resolution No. 23-4707 (Attachment 3).

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions.

ATTACHMENTS

1. Ordinance No. 597-223

2. City Council Staff Report

3. Resolution No. 23-4707

4. CEQA (Addendum, Initial Study, MMRP, Notice of Determination) CITY OF MURRIETA Printed on 1/24/2024Page 2 of 2
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ORDINANCE NO. 597-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MURRIETA,

CALIFORNIA, APP ROVING AND ADOPTING AMENDED MASTER
DEVELOPMENT P LAN MDP-2021-2430 ON A 22-ACRE SITE TO BE DEVELOPED WITH 62 SINGLE-FAMILY DETACHED LOTS WITH RELATED

IMPROVEMENTS FOR CIRCULATION, INFRASTRUCTURE, AND MURRIETA

CREEK LOCATED EAST OF MURRIETA CREEK, WEST OF NEW CLAY AVENUE, AND SOUTH OF “B” STREET WITHIN THE RESIDENTIAL SINGLE- FAMILY 1 (RS-1) ZONE OF THE DOWNTOWN MURRIETA SPECIFIC PLAN (DMSP) AREA (APN’s 906-193-001, 906-200-001, 002, 906-212-001, 906-221-001, 002)

WHEREAS, the applicant, Diversified Pacific Development Group LLC., (Permittee/Owner) submitted applications for an Amended Master Development Plan (MDP-2021-2430), Revised Tentative Tract Map (TTM-2021-2428) and Revised Development Plan Permit (RP-2021-2429) for the development and subdivision of 22 gross acres for 62 single-family detached and neotraditional residential units known as Ivy House (“Project”). The site has a Land Use Designation of Single Family in the General Plan and is zoned Residential Single Family 1 (RS-1); and

WHEREAS, The project site is located in the Downtown Murrieta Specific Plan (DMSP) area and is subject to the requirements of the Residential Single-Family 1 (RS-1) zone. The RS-1 zone within the DMSP requires a minimum lot size of 7,200 square feet but allows lots as small as 5,000 with the adoption of a Master Plan Overlay. The Master Development Plan development standards also would apply. The DMSP serves as a Master Plan Overlay pursuant to Section 16.16.10.C.1. of the Development Code; and

WHEREAS, a public hearing was duly noticed for the Planning Commission meeting of June 14, 2023, by mailing a notice to property owners within a 300-foot radius of the site on June 4, 2023, publishing the notice in The Press-Enterprise newspaper on June 4, 2023, and posting the Project site on June 4, 2023; and

WHEREAS, pursuant to Development Code section 16.64.040, the City Council is authorized to approve master development plans and amendments. T he Planning Commission shall provide written recommendations to the council regarding master development plan adoption and amendments; and

WHEREAS, on June 14, 2023, the Planning Commission of the City of Murrieta held a duly noticed public hearing, and after considering all written and oral reports of staff, public testimony on the matter, and written and oral testimony provided by the applicant, recommended the City Council approve the Master Development Plan Amendment; Development Plan Revision and Tentative Tract Map Revision; and

WHEREAS, a public hearing for the Project was held by the Planning Commission on June 14, 2023, at which time reports, recommendations, and public statements were considered; and

WHEREAS, at its meeting on June 14, 2023, the Planning Commission used its independent judgment and considered all the reports, recommendations, and testimony set forth above, voted (5-0) recommending approval to the City Council; and

WHEREAS, a hearing on the matter was duly noticed as provided in Development Code section 16.76 for the City Council meeting of October 3, 2023; and

WHEREAS, a public hearing was duly noticed for the City Council meeting of October 17, 2023, for the Second Reading,
Ordinance No. 597-23