TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING
COMMISSION
FROM: Carl Stiehl, City Planner
PREPARED BY: Chris Tracy, AICP, Senior Planner
SUBJECT:
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6th Code Updates (MCA-2023-00003) to the City’s Development Code for the purpose of revising and updating Chapters 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, And 16.110 (“Development Code Amendment”)
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RECOMMENDATION
recommendation
1. Provide a recommendation to the City Council finding that the 6th Code Updates are exempt from the California Environmental Quality Act (CEQA) Guidelines in accordance with Class 32, Section Number §15061(b)(3); and
2. Receive public comments; and
3. Provide direction on any potential Director’s Determination updates if desired to staff for incorporation into the draft ordinance; and
4. Adopt (Attachment 1) 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-2023-00003) FOR THE PURPOSE OF REVISING AND UPDATING CHAPTERS 16.18, 16.22, 16.30, 16.34, 16.38, 16.42, 16.44, 16.52, 16.56, 16.60, 16.68, 16.70, 16.72, 16.73, 16.78, 16.90, AND 16.110 (“DEVELOPMENT CODE AMENDMENT”)
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ENVIRONMENTAL
The Ordinance Amendment (Attachment 2, Exhibit “A” and Attachment 3) has been evaluated pursuant to the California Environmental Quality Act (CEQA) and it has been determined to be Categorically exempt pursuant to CEQA Guidelines Section §15061(b)(3) as the activity is covered by the common-sense exemption and that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The minor amendments inclusive of this amendment fall within the parameters of this CEQA Section and would be within the framework of the City’s General Plan and the Development Code (Attachment 4).
PRIOR ACTION/VOTE
This item was presented at the December 13, 2023, Planning Commission meeting as a Workshop Item in order for staff to receive feedback with any of the main items for future consideration. In general, the Planning Commission was supportive of the proposed modifications and provided a few high-level questions and comments to staff.
BACKGROUND
The Murrieta Municipal Code (MMC) provides the framework/standards for the City’s more generalized regulations, which cover everything from business licensing, grading, building and safety, to Code Enforcement activities to ensure the public’s health and safety for “day-to-day” activities. Its subsidiary, the Murrieta Development Code (MDC) under Title 16, regulates the development and use of property within the City and provides information on zoning, subdivisions, and other related land use activities. It is important to routinely amend both areas of the MMC in order to be consistent with new State regulations and address new issues and unforeseen challenges not anticipated as part of the original code adoption. In recent years, the state legislature has passed more than 1,000 new laws, which may relate to planning, building, engineering, fire, transportation, and housing issues covered by the General Plan or the MMC or both. Relatedly, the City recognizes the importance of code revisions that remove unnecessary barriers in an effort to simplify and streamline permitting processes where appropriate. Through regular updates, both the MMC and MDC will be more responsive in addressing the City’s changing needs, reduce potential legal exposure, and streamline the permit process.
This update, the planned 6th Code Update to the MMC and MDC, is the first since 2022. For reference, the last updates, as covered under the 5th Code Updates, became effective on May 5, 2022. The Planning Division typically brings forward for consideration by the Commission updates approximately every 12 to 18 months depending on the scope and volume of changes needed. Standalone code amendments are typically brought forward when there is an identified need for a focused change to an entire chapter, section, or adding a new section, such as the Hillside Ordinance updates or the Multi-Family Objective Design Standards. These are typically processed as a separate project. The most recent 5th Code Updates included amendments for master planned overlay, (planned residential development standards, density bonus updates,; updates to residential accessory uses and structures for accessory dwelling units (ADUs) ,moving container and storage container standards, and updates to temporary use permits and types of permits with processing and amendments regarding parking of vehicles in rural residential areas.
SUMMARY OF CODE CHANGES - TITLE 16:
The proposed code changes are intended to simplify the regulations, remove redundancies, clarify code sections, and streamline review processes where applicable. A summary of the more substantive changes proposed are reflected below:
• Hazardous Materials Storage
o Minor updates within Section §16.18.070 “Hazardous Materials Storage” with input from the Murrieta Fire & Rescue on proposed modifications
o Updated terminology to include the California Fire and Building Code(s)
o Updated notification protocols with underground and above-ground storage tanks
• Solid Waste/Recyclable Materials Storage
o Minor updates to Table 3-1 “Multi-Family Development Minimum Common Storage Areas Required (Sq. Ft.)” to fix an existing error with 48 square feet referenced for 16-to-25-unit multi-family projects (presently duplicated at the lower tier). This should be reflective with 96 square feet of area
o Renumbering two tables for consistency with Section incorporated to facilitate easier referencing
• Prohibited Fencing Materials
o Minor updates within Section §16.22.080 “Prohibited Fencing Materials” for limiting the installation of new barbed and razor wire due to safety concerns/aesthetics with an exception for agriculture and livestock operations
o Carve-out to allow existing fencing to remain
o Other fencing materials/techniques are available to ensure a similar level of security. This is a common approach at other cities
• Construction Noise
o Missing Saturdays for operating hours as it relates to construction noise under Section §16.30.130.D.A.1 “Construction Noise”
o “…Operating or causing the operation of tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of eight p.m. and seven a.m., or at any time on Sundays or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities.”
• Produce, Agricultural Uses - Parking Quantities, Locations
o Municipal Code lacks parking quantities for agricultural and similar uses
o Staff has been receiving a number of inquiries for establishing new uses at rural properties
o Produce Stands - Minimum of 3 on-site parking spaces
o Agriculture Processing - 1 per 1,500 sq. ft. of use area
o Equestrian Facilities - 1 per 3 corrals plus 1 horse trailer space for every 10 corrals plus 2 for a caretaker’s unit
o For all three uses, as described above, the parking area shall be set back from any public right-of-way in compliance with the underlying zone. This area shall be kept clear to provide unobstructed visibility for motorists
• Sign Updates
o Minor updates within Section §16.38.080 “Prohibited Signs” with addressing some typos for exposed tubing and LED light strings
o Updates to Section §16.38.080 with table numbering, and fixing a typo with multi-family identification signs
o Adding a table number to “Wall Sign Standards - Non-Residential” and “Freestanding Sign Standards Commercial and Industrial”, and number/title to Civic/Institutional.
o Updating Office and Business Park standards to include “Innovation Zone” standards
• Slaughtering and Rendering
o Slaughtering and Rendering updates/criteria for consistency with State requirements
o Location of the temporary mobile facility for slaughtering shall require a Temporary Use Permit
o Due to potential public health impacts concerning stormwater, air quality, and odors, rendering activities are prohibited citywide
• Residential Accessory Structures
o Proposing consistent setback criteria of five feet for gazebos, greenhouses, storage sheds, air conditioning, and pool equipment
o Clarifying criteria with Guest living quarters and removal of referencing to ADUs which are separately defined
o Clarification of setbacks for pools include accessory items such as slides, pool grottos, and waterfalls
o Updates to landscape screening methods for the visible portions from the public right-of-way of a respective cargo container
o Updates to Accessory Uses and Structure table with refined setback, fire and building code criteria for gazebos, greenhouses, barbeque equipment/fire pits, addition of criteria for exterior staircases for balconies, pool slides, decks exempted from a building permit, and decks requiring a building permit which are over 18 inches in vertical height
• Accessory Dwelling Units
o Minor updates to existing Government Code referencing reflective of the modifications under adopted Senate Bill 477
• Telecommunications Facilities
o Minor discrepancy with the formatting and lettering of standards under Section §16.44.170.A.6 “Nonresidential Zoning District Standards”
o Incorporation of Innovation (INN) Zone
• Auto Sales
o Per Economic Development’s request, providing minor updates for having a simplified description for Vehicle Dealerships and Vehicle Storage Facilities
o Minor vehicle storage updates to clarify that the screening is for non-vehicular storage
• Residential Wedding Facilities
o Correction of 4.5 acre versus 5-acre inconsistency within the MDC
• Report of Commission Actions to City Council.
o Removal of Section §16.46.040.D. “Report of Commission Actions to City Council”
o Presently logistical issues/resources as identified by the City Clerk’s office in order to provide this type of report
• Home Occupation Permit (HOP) Signs and Vehicles Definition.
o Amending Section §16.60.050 “Home Occupations and Cottage Food Operations”
o Clarification with the existing provision “There shall be no signs, banners or flags identifying or advertising the home occupation.” Vehicle signs are needed to be included with this list due to complaints from neighbors
• Appeal Updates
o At City Management’s request, reconcile existing inconsistencies with Appeal processes with timelines/processes. This covers updates needed in both Title 16 and other portions of the MMC
• Final Map Updates
o Minor updates within Section(s) §16.90.020 “Final Review Authority”, §16.90.040 “City Engineer”, and §16.98.040 “Survey Required”
o Designates the City Engineer with the approval authority from the City Council for the processing of final maps
o Streamlines the processing of final maps consistent with industry standards and Subdivision Map Act provisions
• Gross Floor Area (GFA) Definition.
o Amends Section §16.110 “Definitions of Specialized Terms and Phrases”
o Need definition to help with project review and for consistency with the Objective Design Standards
o As an industry standard, measurement would be taken from the outside surfaces of exterior walls
DISCUSSION ON DIRECTOR’S DETERMINATION APPROVALS THAT FALL UNDER THE CURRENT PROCESS
Four years ago, the City replaced an Administrative Hearing Process with a Director’s Review Process under the Fourth Code Updates. The idea at the time was that it could potentially reduce processing times by up to four weeks while still including and ensuring adequate public notice consistent with State law. It also provided the framework for a public hearing to be held at the Planning Commission if elevated by the Director or requested by the public.
Presently, Development Plan Permits (DPs), Minor Conditional Use Permits (MCUPs), and Residential Tentative Parcel Maps (TPMs) are processed through this two-step process that provides for a ten-day review period each period where staff provides a first notice that is entitled “Director’s Determination - Notice of Intent to Approve” and a second “Notice of Approval - Director’s Project and CEQA Determination (Appeal Period)”. So far, this process has been relatively smooth and efficient with internal processing; however, staff checked-in with the Planning Commission to see if there were certain situations that may need to be elevated in review from a processing perspective based on the list below:
• Development Plan Permits
o Non-ministerial grading activities that trigger CEQA review
• Minor Conditional Use Permits
o Alcoholic Beverage Sales
o Bulk Vending Machines and Small Collection Facilities
o Electric Vehicle Charging Stations
o Hazardous Materials Storage
o Indoor Commercial Recreation
o Indoor Vehicle Sales
o Outdoor Display and Storage
o Outdoor Dining and Seating
o Wireless Communications Facilities
o Non-commercial Wind Energy Conversion System
o Residential Wedding/Event Facilities
• Tentative Residential Parcel Maps
o Four or less parcels as part of a subdivision
Staff brought forward these potential updates to the November 30th, 2023 Development Advisory Group (DAG) meeting. The group members were generally supportive of the potential modifications and did not identify any significant concerns with what staff was proposing.
In closing, the changes proposed in this update are intended to reconcile the various code sections and achieve consistency throughout the MDC (Title 16). Additionally, it will bring consistency with new State regulations and address new issues and unforeseen challenges not anticipated as part of the original code adoption.
ATTACHMENTS
Attachment 1 - PC Resolution
Attachment 2 - Exhibit “A” - Ordinance (Clean)
Attachment 3 - Ordinance Redline
Attachment 4 - Draft Notice of Exemption
Attachment 5 - Public Notice
Attachment 6 - Public Comments