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Posted on: June 23, 2023

[ARCHIVED] Notice of Ordinance Adoption - Ordinance No. 591-23

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CITY OF MURRIETA
PUBLIC NOTICE OF ORDINANCE ADOPTION

Notice is hereby given that the Murrieta City Council introduced Ordinance No. 591-23 at a Regular meeting on June 6, 2023 held at City Council Chambers, 1 Town Square, Murrieta, CA 92562. The City Council adopted Ordinance No. 591-23 at a Regular meeting on June 20, 2023, held at City Council Chambers.

Said Ordinance is on file in the office of the City Clerk at 1 Town Square, Murrieta, CA 92562. If you would like a copy of this Ordinance, please contact the City Clerk’s office at (951) 461-6031.

ORDINANCE NO. 591-23

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 (dca 2021-2415), TO PROVIDE A mULTI-fAMILY RESIDENTIAL ZONE OF 18-29 DWELLING UNITS PER ACRE related to SECTIONS 16.06. AND 16.08.

WHEREAS, the City of Murrieta proposes an amendment to the City’s Development Code for the purpose of revising and updating sections 16.06. and 16.08 (“Development Code Amendment”); and

WHEREAS, as part of the Housing Element Update the City prepared this Development Code Amendment to provide a Multi-Family Residential zone of 18-29 dwelling units per acre by implementing a Multi-Family Residential 3 (MF-3) zone and Multi-Family Residential 4 (MF-4) zone consistent with the Multi-Family Residential Land Use Designation; and

WHEREAS, on October 27, 2021, the City of Murrieta Planning Commission held a duly noticed public hearing on the proposed Development Code Amendment, at which the draft Housing Element (Housing Element Update) and a staff report were presented as well as written comment from the public regarding the need for the Housing Element Update and the proposed Development Code Amendment and providing evidence in the record to support the findings required by the Murrieta Development Code Section 16.58.080; and

WHEREAS, the Planning Commission considered and discussed the public comments and written information provided at the public hearing and determined that the proposed Development Code Amendment is appropriate; and

WHEREAS, the Planning Commission considered the potential for environmental effects as a result of the proposed Development Code Amendment pursuant to the California Environmental Quality Act (CEQA), and concurred with staff’s recommendation that the proposed code amendment is exempt pursuant to the CEQA Guidelines in order to implement the Housing Element Update; and

WHEREAS, on June 6, 2023, the City Council of the City of Murrieta held a duly noticed public hearing on the proposed Development Code Amendment, at which was presented the staff report and evidence in the record to support the findings required by the Murrieta Development Code Section 16.58.080; 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 June 6, 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 Development Code Chapter 16.58, the City Council of the City of Murrieta approves the Development Code Amendment for MF-3 and MF-4 in accordance with the following findings pursuant to Development Code Section 16.58.080:

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 Land Use Element. This Development Code Amendment updates and amends Chapters 16.06, and 16.08 in order to provide a multi-family residential zone of 18-29 dwelling units per acre by implementing MF-3 and MF-4 zones in the City’s Development Code.

2. The proposed amendment would not be detrimental to the public convenience, health, safety, or general welfare of the city;

FACTS: The Housing Element Update promotes the health, safety, and welfare of the City through the listed goals and policies included in the element, the proposed project includes a new multi-family residential zone, however not yet applied to any specific property in the City. The proposed project includes updated MF-3 and MF-4 zones consistent with the Housing Element goals to provide a range of zones for the implementation of multi-family development in the City. Providing a new zone for potential future residential projects to utilize consistent with the City’s Development Code and Multi-Family Residential Objective Design Standards would not be detrimental to the public convenience, health, safety, or general welfare of the City. There are not considered to be any impacts to the environment from the creation of the new zone, not yet applied to any specific property, therefore it would not be detrimental to the public convenience, health, safety, or general welfare of the city in that respect either.

3. The proposed amendment is internally consistent with other applicable provisions of the development code.

FACTS: The Housing Element Update includes this amendment to implement the MF-3 and MF-4 Zones to ensure consistency with the Murrieta General Plan’s Multiple Family land use designation, in order to allow various types of multi-family projects in the City with varying densities. The MF-3 and MF-4 Zones include the appropriate uses and standards for the zones, which are generally the same. The new zone includes the appropriate uses and standards for the zone aligned with the other existing Multi-Family Residential zones. The amendment has been drafted to integrate and implement the new zone throughout the Development Code and thereby, is internally consistent.

4. The proposed amendment is in compliance with the provision of the California Environmental Quality Act (CEQA).

FACTS: The project has been evaluated pursuant to CEQA. No land use changes are proposed as part of the project and no increase or decrease of residential densities is proposed, therefore there are no potential environmental impacts that would result from the project. The existing General Plan allows development of 18-29 dwelling units per acre within the Multiple Family land use designation. Therefore the project is exempt under the CEQA Guidelines as the project would not change existing conditions permitted within the City’s General Plan resulting in a significant effect on the environment. Further, development under existing land use designations in the City were previously analyzed under the General Plan EIR, SEIR, and Downtown Specific Plan Mitigated Negative Declaration. As this project is consistent with the City’s existing General Plan, a Notice of Exemption (NOE) with additional supporting analysis has been prepared. Staff and the Planning Commission recommend that the City Council find that the project is exempt from CEQA, accept the NOE and direct staff to file the document pursuant to CEQA and the CEQA Guidelines (14 California Code of Regulations [CCR] Section 1500 et seq.).

SECTION 2. Section 16.06.010 Table 16.06-1 Zoning Districts of the Murrieta Municipal Code is hereby amended to modify MF-3 and add MF-4 as follows:

“16.06.010 Zoning Districts Established.

The city of Murrieta shall be divided into zoning districts that consistently implement the general plan. The following zoning districts are established and shall be shown on the official zoning map (16.06.020)

Table 16.06-1 ZONING DISTRICTS
Zoning Map Symbol	Zoning District Name
Residential
RR	Residential Rural 0.1 - 0.4 d.u./acre
ER-1	Estate Residential 1, 0.5 - 1.0 d.u./acre
Estate Residential 2, 1.1 - 2.0 d.u./acre
ER-3	Estate Residential 3, 2.1 - 3.0 d.u./acre
SF-1	Single Family 1 Residential, 2.1 - 5 d.u./acre
SF-2	Single Family 2 Residential, 5.1 - 10 d.u./acre
MF-1	Multiple Family 1 Residential, 10.1 - 15 d.u./acre
MF-2	Multiple Family 2 Residential, 15.1 - 18 d.u./acre
MF-3	Multiple Family 3 Residential, 18.1 – 29 d.u./acre
MF-4	Multiple Family 4 Residential, minimum 30 d.u./acre
Commercial
NC	Neighborhood Commercial
CC	Community Commercial
RC	Regional Commercial
Office
O	Office
ORP	Office Research Park
Business Park and Industrial
BP	Business Park
GI	General Industrial
GI-A	General Industrial A
Innovation District
INN	Innovation
Other Zoning Districts
P&R	Parks and Recreation
OS	Open Space
C & I	Civic & Institutional
Combining and Overlay Districts
MPO	Master Plan Overlay
TOD	Transit Oriented Development Overlay District”

SECTION 3. Section 16.08.010 Purpose and Table 16.08-1 in Section 16.08 Residential Districts of the Murrieta Municipal Code is hereby amended to modify MF-3 and add MF-4 as follows:

“16.08.010 Purpose.

This chapter provides regulations applicable to development and new land uses in the residential zoning districts established by 16.06.010 (Zoning Districts Established). The purposes of the individual residential zoning districts and the manner in which they are applied are as follows:

A. RR (Rural Residential) District. The RR zoning district identifies areas intended for low density, large lot single-family uses within a rural atmosphere, and may include the keeping of horses and other livestock, including kennels, as a permitted use in conjunction with the main residential use. Agricultural uses are allowable especially for buffering smaller lot single-family designations. The allowable density range is from 0.1 to 0.4 dwelling units per acre, with a minimum parcel size of 2.5 acres, unless designated within a master plan overlay. The RR zoning district is consistent with the large lot residential designation of the general plan;

B. ER-1 (Estate Residential 1) District. The ER-1 zoning district identifies areas appropriate for large lot single-family uses, and allows for the keeping of horses and other livestock in conjunction with the main residential use, including small scale agricultural uses appropriate far buffering smaller lot single-family designations. The allowable density range is from 0.4 to 1.0 dwelling units per acre, with a minimum parcel size of one acre, unless designated within a master plan overlay. The ER-1 zoning district is consistent with the large lot residential land use designations of the general plan;

C. ER-2 (Estate Residential 2) District. The ER-2 zoning district identifies areas appropriate for large lot single-family uses, and allows for the keeping of horses and other livestock in conjunction with the main residential use, including small scale agricultural uses appropriate for buffering smaller lot single-family designations. The allowable density range is from 1.0 to 2.0 dwelling units per acre, with a minimum parcel size of one-half acre, unless designated within a master plan overlay. The ER-2 zoning district is consistent with the single-family residential land use designations of the general plan;

D. ER-3 (Estate Residential 3) District. The ER-3 zoning district identifies areas appropriate for large lot single-family uses. This district is an appropriate transition zone between rural and the single family zones. The allowable density range is from 2.0 to 3.0 dwelling units per acre, with a minimum parcel size of ten thousand (10,000) square feet The ER-3 zoning district is consistent with the single-family residential designations of the general plan;

E. SF-1 (Single-Family Residential 1) District. The SF-1 zoning district is applied to parcels appropriate for single-family subdivisions with a uniform lot pattern possessing a minimum parcel size of seven thousand two hundred (7,200) square feet. The allowable density range is from 2.1 to 5.0 units per acre. The SF-1 zoning district is consistent with the single-family residential land use designation of the general plan;

F. SF-2 (Single-Family Residential 2) District. The SF-2 zoning district is applied to parcels appropriate for single-family subdivisions which may include detached and attached single-family dwelling units with common walls. The allowable density range is from 5.1 to 10.0 units per acre. The minimum parcel size for detached single-family units is five thousand (5,000) square feet. Clustering of units to provide aggregate open space is encouraged, with units on individual parcels with commonly maintained open space, and on-site recreational facilities required. The SF-2 zoning district is consistent with the single-family residential land use designation of the general plan;

G. MF-1 (Multi-Family Residential 1) District. The MF-1 zoning district is applied to parcels appropriate for low density multi-family subdivisions which may include stacked flats or townhouse development, with ample amounts of open space, including required commonly maintained recreational and open space facilities. Air space, or postage stamp subdivisions providing individual ownership are allowed. The allowable density range is from 10.1 to fifteen (15) units per acre. The minimum parcel size for single-family detached units is five thousand (5,000) square feet. Clustering of units to provide aggregate open space is encouraged, with commonly maintained open space, and on-site recreation facilities. The MF-1 zoning district is consistent with the multi-family residential land use designation of the general plan;

H. MF-2 (Multi-Family Residential 2) District. The MF-2 zoning district is applied to parcels appropriate for high density multi-family development, in which attached or detached dwelling units may be air-space condominiums, or rented as apartments under single ownership. Senior housing, congregate care or group facilities are allowed, with commonly maintained recreational facilities and open space required. The allowable density range is from 15.1 to eighteen (18) units per acre. The MF-2 zoning district is consistent with the multi-family residential land use designation of the general plan;

I. MF-3 (Multi-Family Residential 3) District. The MF-3 zoning district is applied to parcels appropriate for higher density multi-family development, in which attached dwelling units, senior housing and assisted living facilities are allowed with commonly maintained recreational facilities and open space required. The allowable density range is from 18.1 to twenty-nine (29) units per acre. The MF-3 zoning district is consistent with the multi-family residential land use designation of the general plan.

J. MF-4 (Multi-Family Residential 4) District. The MF-4 zoning district is applied to parcels appropriate for the highest density multi-family development, in which large buildings of attached dwelling units, senior housing and affordable housing are allowed with commonly maintained recreational facilities and open space required. The allowable density range is a minimum of 30 units per acre. The MF-4 zoning district is consistent with the multi-family residential land use designation of the general plan.

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 clearance required					16.74
C	Conditional Use - Conditional use permit required					16.52
MC	Minor 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	16.44.170A
Wireless Communication Facilities	C	C	C	C	16.44.170B
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	P	P	P	P	15.63, 16.34, 16.44.115
Residential
Accessory Dwelling Units	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
Marijuana Cultivation, Delivery, Dispensary, and Processing
Medical Marijuana Dispensary
Medical Marijuana Dispensary, Mobile
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
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
Short-Term Vacation Rentals (STVRs) - Hosted(6)	P	P	P	P
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
(1) See Section 16.04.020 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 Section 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.

16.08.020 Residential Districts General Development Standards.

New land uses and structures, and alterations to existing land uses and structures, shall be designated, constructed, and/or established in compliance with the requirements in Table 16.08-3, in addition to the applicable design standards in Sections 16.08.030 and 16.08.040 and the general development standards (e.g., landscaping, parking and loading, etc.) in Article III (Site Planning and General Development Standards).

TABLE 16.08-4 RESIDENTIAL (MULTI-FAMILY) ZONES GENERAL DEVELOPMENT STANDARDS
Development Feature	MF-1	MF-2	MF-3	MF-4
Minimum Parcel Size	5 acres	5 acres	5 acres	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)
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.”

SECTION 4. EFFECTIVE DATE.

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

SECTION 5. 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 6. NOTICE OF ADOPTION.

The City Clerk shall certify 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.

PASSED AND ADOPTED this 20th day of June, 2023.

/s/ Lisa DeForest, Mayor

ATTEST:

/s/ Cristal McDonald, City Clerk

APPROVED AS TO FORM:

/s/Tiffany J. Israel, City Attorney

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 Ordinance No. 591-23 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 20th day of June, 2023, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:

AYES: Warren, Holliday, Stone, DeForest

NOES: None

ABSENT: Levell

ABSTAIN: None

/s/
Cristal McDonald, City Clerk
Dated: June 23, 2023
Published: June 28, 2023