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HomeMy WebLinkAbout03-06 CC OrdinanceORDINANCE NO. 03 -06 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO MODIFY THE STANDARDS AND PROCEDURES FOR APPROVING SECONDARY DWELLING UNITS (PLANNING APPLICATION PA03 -0110) WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and WHEREAS, the State Legislature approved and the Governor signed Assembly Bill 1866 that further restricted the ability of cities to regulate secondary dwelling units; WHEREAS, to comply with the State's modified requirement, the City is required modify the Municipal Code; WHEREAS, the Planning Commission held duly noticed public hearing on May 21, 2003, and recommended that the City Council approve the attached amendments; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on June 24, 2003 to consider the proposed amendments to the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby amends Table 17.03.010 of the Temecula Municipal Code as follows. A. Add the following line to the Table. Application Admin. Approval Planning Director Planning Commission City Council Secondary dwelling unit X° B. Add Footnote Number 4 to read as follows: "4. State law requires the administrative consideration of secondary dwelling units. These applications can not be promoted to the planning commission." RJOrds 2003 /Ords 03 -06 Section 2. The City Council of the City of Temecula hereby amends Section 17.05.020.6 to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 3. The City Council hereby amends Section 17.06.050.E to read as follows: "Secondary Dwelling Units. Secondary dwelling units are permitted in all residential zoning districts where there is an existing owner- occupied single - family detached dwelling. In accordance with state law, a secondary unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. Secondary dwelling units shall comply with the following requirements: 1. A secondary dwelling unit shall have a floor area between four hundred (400) and one thousand two hundred (1,200) square feet. 2. The secondary dwelling shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials. 3. The secondary dwelling unit shall be provided with off - street parking in accordance with the off - street parking standards in Chapter 17.24. 4. The application for the second unit permit must be signed by the owner of the parcel of land and the primary dwelling. 5. A secondary dwelling unit shall not be sold, but may be rented. The property owner must occupy either the primary residence or the secondary dwelling unit." Section 4. The City Council of the City of Temecula hereby amends Section 17.34 by adding a definition of secondary dwelling unit to read as follows: " "Secondary dwelling unit" means an additional complete dwelling unit on a lot with an existing single family residence that provides independent living facilities for one or more persons." Section 5. Severability. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. Environmental Compliance. The City Council hereby finds that the modification of the City's standards for the processing of secondary unit permits is statutorily exempt from CEQA pursuant to Section 15282, Other Statutory Exemptions, because this ordinance conforms the local code with the provisions of State Planning and Zoning Law concerning the adoption of ordinances regulating secondary dwelling units. As a result, the City Council determines that no further environmental analysis is required. Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this ' Ordinance and shall cause the same to be published as required by law. RJOrds 2003 /Ords 03 -06 PASSED, APPROVED AND ADOPTED this 8" day of July, 2003. [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) ' I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 03 -06 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 24'" day of June, 2003 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8'" day of July, 2003, by the following vote: F1 AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RJOrds 2003 /Ords 03 -06 3 nes, CMC City Clerk 0 CURRENT ORDINANCE REQUIREMENTS SECTION 17.06.050.E Secondary Dwelling Units. In accordance with state law, a second dwelling unit shall be considered a residential use and shall not be considered to exceed the allowable density for the lot upon which it is permitted. A secondary dwelling unit shall require a development plan and shall meet the following requirements: 2. 3. 4. 5. 6. Secondary dwelling units may be permitted in all residential zoning districts where there is an existing owner - occupied single - family detached dwelling. The property owner must occupy either the primary residence or the secondary dwelling unit. A second unit shall not be sold, but may be rented An attached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet. A detached second unit on a residential lot shall have a floor area between four hundred and one thousand two hundred square feet. The application for the second unit must be signed by the owner of the parcel of land and the primary dwelling. The secondary unit shall be compatible with the design of the primary dwelling and the surrounding neighborhood in terms of height, bulk and mass, landscaping, and architectural materials. The secondary dwelling unit shall be provided with off - street parking in accordance with the off - street parking standards in Chapter 17.24. RAOrdinances \Second Unit 2Wgenda Report mdoc