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)
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RECOMMENDATION
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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
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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’s Housing 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).
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’s Climate 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’s review of the City’s Housing Element, applicants were anticipating these changes upon the completion of the City’s Housing 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’s adoption 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’s CAP 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’s CAP 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’s goals 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 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:
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Occupancy Type |
Green Building Code |
City |
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New one and two-unit homes & multi-family units with private garages: |
Conduit but no wiring (EV Capable). |
One Level 2 charger per garage |
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New Multi-Family units without garages/ hotels and motels: |
5% of spaces with 20+ units. |
Level 2 charger for 6% of spaces. |
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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’s CAP 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’s Transit 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’s minimum 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’s standards. This portion of the amendment addresses the HCD’s comments on manufactured homes to be in compliance with State law and to reduce governmental 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’s comments 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: “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” 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’s Development Code to implement Policy T-2 of the City’s CAP 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 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