WHEREAS , notwithstanding the above, the City Council recog nizes that while not in character with residential neighborhoods, when oper ated responsibly, group homes, including sober living homes, provide a societal benefit by p roviding persons with disabilities the 365
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opportunity to live in residential neighborhoods, a s well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions, and that therefore providing greater access to residential zones to group homes, including sober living homes, than to boardinghouses or any other type of group living pr ovides a benefit to the City and its residents; and
WHEREAS , without some regulation there is no way of ensuri ng that the individuals entering into a group home are disabled individuals and entitled to reasonable accommodation under local and state law; that a group home is operated professionally to minimize impacts to the surrounding neighborhood; and that the secondary impacts from over concentration of both group homes in a neighborhood and large numbers of unrela ted adults residing in a single facility in an individual home are lessened; and
WHEREAS , in addition to group homes locating in residential neighborhoods, other state- licensed residential care facilities are also taking up residence in these neighborhoods; and
WHEREAS , the purpose of group homes for persons with disab ilities is to provide the disabled an equal opportunity to comfortably reside in the residential neighborhood of their choice; and
WHEREAS , this Ordinance has been reviewed for compliance w ith the California Environmental Quality Act (CEQA), the CEQA guidelin es, and the City’s environmental procedures, and has been found to be exempt pursuan t to Section 15061(b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereb y finds that it can be seen with certainty that there is no possibility that the passage of this Or dinance will have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MUR RIETA, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 16.44.045 is hereby added to Ch apter 44 of Title 16 of the Murrieta Municipal Code to read as follows:
“16.44.045 Group Homes
Purpose. This Section is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FE HA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes a re actually entitled to the special accommodation and/or additional accommodation provi ded under the Murrieta Municipal Code and not simply skirting the city's boarding house r egulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, prese rving safety and providing adequate on street parking; (3) providing an accommodation for the dis abled that is reasonable and actually bears some resemblance to the opportunities afforded non- disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for the disabled and for recovering addicts to be successful in their programs.
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A. A group home that may otherwise be considered an unpermitted use may locate in any single- family zone with a special use permit provided:
(1) An application for a group home is submitted to the Director by the owner/operator of the group home. The application shall provide the following:
(a) The name, address, phone number and driver's license number of the owner/operator;
(b) If the applicant and/or operator is a partner ship, corporation, firm or association, then the applicant/operator shall provide the addit ional names and addresses as follows and such persons shall also sign the application:
(i) Every general partner of the partnership,
(ii) Every owner with a controlling interest in the corporation, (iii) The person designated by the officers of a co rporation as set forth in a resolution of the corporation that is to be designated as the permit holder; (c) The license and permit history of the applicant (s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
(d) The name, address, phone number and driver's li cense number of the house manager;
(e) A copy of the group home rules and regulations;
(f) Written intake procedures;
(g) The relapse policy;
(h) An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and f ederal law shall reside at the group home;
(i) Blank copies of all forms that all residents an d potential residents are required to complete; and
(j) A fee for the cost of processing of the application as set by resolution of the City Council.
No person shall open a group home or begin employme nt with a group home until this information has been provided and such persons shal l be responsible for updating any of this information to keep it current.
(2) The group home has six or fewer occupants, not counting a house manager, but in no event shall have more than seven occupants. If the dwelling unit has a secondary accessory unit, occupants of both units will be combined to determi ne whether or not the limit of six occupants has been exceeded.
(3) The group home shall not be located in an accessory secondary unit unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are presen t at the group home on a 24 hour basis and who are responsible for the day-to-day operation of the group home. (5) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles.
(6) Occupants must not require and operators must n ot provide "care and supervision" as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations.
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(7) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. Integral facilities include any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any aff iliate of any of them, and are integrated components of one (1) operation. Integral uses incl ude any two (2) or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two (2) or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. (8) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property.
(9) The property must be fully in compliance with all building codes, municipal codes and zoning regulations.
(10) At least 48 hours prior to an occupant's evict ion from or involuntary termination of residency in a group home, the operator thereof shall:
(a) Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the home; (b) Contact the Riverside County Department of Soci al Services and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; (c) Notify the city's Community Services Department that an occupant is no longer a resident at the home, and determine the services available therefrom; (d) Provide the information obtained from paragraphs b and c of this subsection and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant's signed acknowledgement thereon; (e) Provided, however, that if the occupant's behav ior results in immediate termination of residency pursuant to rules approved by the City as part of the special use permit for that facility, the operator shall comply with paragraphs a through d of this subsection as soon as possible.
(11) Prior to an occupant's eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
(a) Make available to the occupant transportation t o the address listed on the occupant's driver license, state-issued identificat ion card, or the permanent address identified in the occupant's application or referral to the group home; (b) Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent add ress, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(12) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residen cy of an occupant that document compliance with subsections (A)(10) and (A)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (A)(11) of this section by providing remuneration to the occupant for the cost of transportation.
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(13) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping. (14) In addition to the regulations outlined above, the following shall also apply to sober living homes:
(a) The sober living home is not located within 500 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility in single-family zones other than the Rural Residential (RR) zone. In the RR zone a sober living home shall not be located within 1,000 feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. (b) All occupants, other than the house manager, mu st be actively participating in legitimate recovery programs, including, but not li mited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home's rules and regulations, refusal to actively participate in such a program shall be cause for eviction. (c) The sober living home's rules and regulations m ust prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must a lso have a written policy regarding the possession, use and storage of prescription medicat ions. The facility cannot dispense medications but must make them available to the res idents. The possession or use of prescription medications is prohibited except for t he person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any viol ation of this rule must be cause for eviction under the sober living home's rules for re sidency and the violator cannot be re- admitted for at least 90 days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. (d) The number of occupants subject to the sex offe nder registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. (e) The sober living home shall have a written visi tation policy that shall preclude any visitors who are under the influence of any drug or alcohol. (f) The sober living home shall have a good neighbo r policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior tha t would unduly interfere with a neighbor's use and enjoyment of their dwelling unit . The good neighbor policy shall establish a written protocol for the house manager/ operator to follow when a neighbor complaint is received.
(g) The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, Cali fornia Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(h) An applicant may seek relief from the strict ap plication of this section by submitting an application to the Director setting f orth specific reasons as to why 369
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accommodation over and above this section is necess ary under state and federal laws, pursuant to Chapter 16.73 of tis Code.
(B) The special use permit shall be issued by the Director as a ministerial matter if the applicant is in compliance or has agreed to comply with subsections (A)(1) through (A)(14) of this section. At least 10 days prior to issuing a special use permit , the Director shall cause written notice to be mailed to the owner of record and occupants of all properties within 500 feet of the location of the group home. Prior to issuance of the special use pe rmit, the Director shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections (A) and (B) of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be den ied or revoked upon a hearing, by the Director that any of the following circumstances exist:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; and selling or furnishing illegal drugs or alcohol. (3) Any owner/operator or staff person has been con victed of or pleaded nolo contendere, within the last seven to 10 years, to any of the following offenses:
(a) Any sex offense for which the person is require d to register as a sex offender under California Penal Code section 290 (last 10 years); (b) Arson offenses—Violations of Penal Code Section s 451—455 (last seven years); or
(c) Violent felonies, as defined in Penal Code sect ion 667.5, which involve doing bodily harm to another person (last 10 years).
(d) The unlawful sale or furnishing of any controlled substances (last seven years). (4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied upon a determination, and if already issued, any transfer shall be denied or revoked, upon a hearing, by the Director that any of the following additional circumstances exist:
(a) Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.
(b) The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegall y uses prescription or non-prescription drugs, or who is not actively participating in a le gitimate recovery program from contact with all other sober residents.
(c) The sober living home, as measured by the close st property lines, is located within 500 feet, or 1000 feet if in an RR zone, of any other sober living home or state licensed alcoholism or drug abuse recovery or treat ment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within 500 feet, or 1000 feet in an RR zone, of an existing sober living home thi s shall not cause the revocation of the sober living home's permit or be grounds for denying a transfer of such permit. 370
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(7) For any other significant and/or repeated viola tions of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (A)(10) through (13).
(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Chapter 16.73 of this Code.
C. Compliance
(1) Existing group homes must apply for a special use permit within 90 days of the effective date of this section.
(2) Group homes that are in existence upon the effective date of this section shall have one year from the effective date of this chapter to comply with its provisions, provided that any existing group home, which is serving more than six resident s, must first comply with the six-resident maximum.
(3) Existing group homes obligated by a written lease exceeding one year from the effective date of the ordinance, or whose activity involves i nvestment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year’s grace period pursuant to Director approval.”
SECTION 2. Paragraph I of Section 16.44.150 of the Murrieta Municipal Code is replaced, in its entirety, to read as follows:
“I. Rooming and Boarding House. A rooming and boa rding house as defined in Chapter
16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are reg ulated separately fall outside of this criteria.
See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a room ing and boarding house shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs; b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse i mpacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of roo ming and boarding houses there shall be a minimum separation requirement of five hundred (500 ) feet, measured from the nearest outside 371
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building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and b oarding house shall comply with the following:
a. Structures and landscaping shall be c ompatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving author ity based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; and e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home mus t comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but no t limited to, the number of occupants or residents, or any modifications to the conditions o f approval pursuant to the required conditional use permit, shall require the immediate submittal o f a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than si x (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve); b. Maximum number of occupants, including support staff; c. Proposed maximum stay for each parolee-probationer; d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses; b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services; 372
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e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;
f. To avoid an over-concentration of gro up housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing set forth in this subsection; and g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-proba tioner home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood; b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving author ity based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site; d. All setback standards of the underlying zone shall be met; e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be re quired for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility’s management shall parti cipate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150.J. b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which do es not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees-probationers, or modifications to the c onditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
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SECTION 3. Table 16.08-2 of Section 16.08.010 of t he Murrieta Municipal Code is replaced, in its entirety, 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
Group Homes P(11 ) P(11 ) P(11 ) P(11 ) P(11 ) P(11 ) 16.44.045 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 16.44.170 A
Wireless Communication
Facilities
C C C C C C 16.44.170 B
Education, Public
Assembly and Recreation
Bingo C C C C C C 16.44.210
Cannabis Cultivation,
Processing, Delivery, and
Dispensary (Commercial)
Cannabis Testing
Laboratory
Cannabis Dispensary
(Recreational Retail
Storefront)
Medicinal Cannabis
Delivery Service (Mobile
Activities for Patients and
Caregivers)
P
P P P P P 16.44.250
Medicinal Cannabis
Delivery Service (Physical
Delivery Logistics
Location)
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
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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
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
376
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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
Rooming/Boarding
Houses
C C C C C C 16.44.150 I
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 ar e permitted to continue in operation subject to no ch anges in the existing operation and/or compliance w ith the development standards contained in Section 16.44.040 .E.2. (4) Minimum five (5) acre property.
(5) Zoning clearance not required.
377
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(6) Any development standards imposed shall be li mited to those specified in state law. See Californ ia 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 conjunc tion with establishment of the following primary us es:
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 ad ditional 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.
(11) Subject to a Special Permit issued pursuant to Section 16.44.045.
SECTION 4. Section 16.110.020 of Chapter 110 of Ti tle 16 of the Murrieta Municipal Code is hereby amended to revise the following definition to read as follows:
“Rooming and Boarding Houses. A residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent or rental manager is in residence. Included within the defini tion of "rooming and boarding house" are parolee-probationer homes as defined herein. Does not include short-term vacation rentals, which are defined under this section and regulated under Chapter 5.27 (Short-Term Vacation Rentals) and Title 16.
SECTION 5. Section 16.110.020 of Chapter 110 of Ti tle 16 of the Murrieta Municipal Code is hereby amended by adding the following definition:
“Group Home. A facility that is being used as a sup portive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one or more dwelling units. Group homes include sober living homes but shall not include the following as defined in this code: Assisted Liv ing/Skilled Nursing, Bed and Breakfast Inn, Short-Term Vacation Rental (STVR), Hotel or Motel, Live/Work Facility, Residential Care Homes, Rooming and Boarding Houses, Senior Citizen Congregate Care Housing, Single Room Occupancy (SRO) (also known as an Efficiency Unit), Skilled Nursing-Short Term, Supportive Housing, Transitional Housing and Transitional Housing Development.”
SECTION 6 Section 16.110.020 of Chapter 110 of Titl e 16 of the Murrieta Municipal Code is hereby amended by revising the following definition to read as follows:
“Residential Care Homes. Facilities providing residential social and personal care for children, the elderly, and people with limited ability for self-care, but where medical care is not a major element.
Includes: children’s homes; transitional houses; or phanages; rehabilitation centers; and self-help 378
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group homes. Convalescent homes, nursing homes, and similar facilities providing medical care are included under the definition of “Assisted Livi ng/Skilled Nursing.” This use definition does not include sober living homes or any other facilit y that meets the definition of a Group Home, whether licensed or unlicensed.”
SECTION 7. This ordinance is exempt from the Califo rnia Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guid elines, which provides that CEQA only applies to projects that have the potential for cau sing a significant effect on the environment.
Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 8. If any section, subsection, sentence, c lause, or phrase of this ordinance is for any reason held to be invalid or unconstitution al by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase th ereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 9. This Ordinance shall become effective o n 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 la w 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 ________, 2025.
Cindy Warren, Mayor
ATTEST:
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
Tiffany J. Israel, City Attorney
379
01375.0005 2009454.5 - 18 -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murr ieta, California, do hereby certify that the foregoing Ordinance No. 25-_____ was duly passe d and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the ___th day of _______, 2025, 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
I, Cristal McDonald, City Clerk of the City of Murr ieta, California further certify that Ordinance No. 25-____ 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: , 2025.
In witness whereof, I have hereunto subscribed my name this __ day of ______________, 2025.
Cristal McDonald, City Clerk
380
CITY OF MURRIETA
City Council Meeting Agenda
Report
9/2/2025
Agenda Item No.
Subject:
Notice of Pending Approval of Final Parcel Map - PM 39214
CITY OF MURRIETA
NOTICE OF PENDING APPROVAL OF FINAL PARCEL MAP - PM 39214
FOR ESPRAY, LLC A CALIFORNIA LIMITED LIABILITY COMPANY
NOTICE IS HEREBY GIVEN that on September 2, 2025, at 6:00 PM at City Hall, 1 Town Square, Murrieta, CA 92562, the City Council shall be notified of review and approval of final map application for Parcel Map 39214 (TPM 39214).
An application was filed by Espray, LLC., A California Limited Liability Company for Tentative Parcel Map No. 39214 to subdivide 26.325 gross acres for Finance and Conveyance Purposes.
Engineering staff have completed a review of the final map for conformance with the Subdivision Map Act and the Murrieta Municipal Code. Final Parcel Map PM 39214 conforms to the conditions of approval and the tentative parcel map. All dedications and mitigation required in the conditions of approval have been offered and secured.
The mylars of the original final parcel map are available for review at the Engineering Department Counter, Monday - Friday 8 AM - 5 PM.
Any questions concerning this matter should be directed to Jennifer Chamberlain, Development Services Technician at [email protected] <mailto:[email protected]> or 951-461-6072.
CITY OF MURRIETA Printed on 8/28/2025Page 1 of 1
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