HomeMy WebLinkAbout2020-04 CC Ordinance ORDINANCE NO.2020-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO DELETE CERTAIN
SUBSECTIONS OF SECTION 17.06.050 PERTAINING TO
ACCESSORY DWELLING UNITS, ESTABLISHING A NEW
CHAPTER 17.23 PERTAINING TO ACCESSORY
DWELLING UNITS, AMENDING TABLE 17.24.040
REGARDING PARKING REQUIREMENTS, AND FINDING
THE ORDINANCE TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Effective January 1,2020,Senate Bill 13 ("SB 13"),Assembly Bill 68("AB
68"), and Assembly Bill 881 ("AB 881") amended Government Code Sections 65852.2 and
65852.22 to further limit the standards cities may impose on accessory dwelling units ("ADUs")
and junior accessory dwelling units("JADUs"). In the absence of a State-compliant ordinance on
January 1, 2020, the City's existing ADU regulations are null and void pursuant to Government
Code Section 65852.2(a)(4), and the City would then be required to approve any ADU that meets
minimal State criteria. Unless the City adopts this ordinance,the City is required to either approve
ADUs in locations and under standards that may have severe negative impacts on the surrounding
community.
Section 2. Procedural Findings. The City Council of the City of Temecula does hereby
find,determine, and declare that:
A. The Planning Commission considered this Ordinance on February 19, 2020, at a
duly noticed public hearing, as prescribed by law, at which time City Staff and interested persons
had an opportunity to and did testify either in support of or against this matter.
B. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2020-06, recommending
approval of the Ordinance by the City Council.
C. The City Council,at a regular meeting,considered the Ordinance on April 28,2020,
at a duly noticed public hearing, as prescribed by law, at which time City Staff and interested
persons had an opportunity to and did testify either in support or against this matter.
D. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 3. Findings. In approving the proposed Municipal Code amendment, as
required by Section 17.01.040("Relationship to General Plan")of the Temecula Municipal Code,
the City Council hereby makes the following findings that the Ordinance is consistent with the
General Plan as follows:
A. The proposed use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the general plan, and is
supported by the following policy:
a. Land Use Element Policy 1.2 Promote the use of innovative site planning
techniques that contribute to development of a variety of residential product
styles and designs, including housing suitable for the community's labor force.
B. The proposed use is in conformance with the goals,policies,programs and guidelines
of the elements of the general plan and is supported by the following policy:
a. Housing Element Policy 1.2 Encourage residential development that provides
a range of housing types in terms of cost, density, and type, and presents the
opportunity for local residents to live and work in the same community by
balancing jobs and housing types.
C. The proposed use is to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein and is supported
by the following policy:
a. Housing Element Policy 3.3 Periodically review City development standards to
ensure consistency with the General Plan and to ensure high-quality affordable
housing.
Section 4. Table 17.06.030 (Residential districts) in Section 17.06.030 (Use
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to amend the row entitled "Accessory dwelling units" as
follows, with all other provisions of Table 17.06.030 remaining unchanged.
Description of use HR RR VL L-1 L-2 LM M H HR-
SM9
•
Accessory dwelling units P P P P P P P P P
Section 5. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning Districts) in Section 17.06.050 (Special use standards and
regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to delete the row "Accessory dwelling unit", including
footnotes 4 and 6 to Table 17.06.050A, with all other provisions of Table 17.06.050A remaining
unchanged.
Section 6. Subsection L (Accessory Dwelling Units.) of Section 17.06.050 (Special
use standards and regulations)of Chapter 17.06 (Residential Districts)of Title 17 (Zoning)of the
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Temecula Municipal Code is hereby deleted in its entirety, with the remaining subsections to be
re-lettered in consecutive order.
Section 7. Chapter 17.23 (Accessory Dwelling Units) is hereby added to Title 17
(Zoning) of the Temecula Municipal Code to read as follows:
"CHAPTER 17.23 ACCESSORY DWELLING UNITS
Section 17.23.010 Purpose and Applicability.
Section 17.23.020 Definitions.
Section 17.23.030 Projects Exempt- Building Permit Approval Only.
Section 17.23.040 General Requirements and Application Procedure.
Section 17.23.050 ADU Standards.
Section 17.23.060 Fees and Utility Connections.
Section 17.23.010 Purpose and Applicability.
The purpose of this chapter is to implement the requirements of Government Code Sections
65852.2 and 65852.22 to allow Accessory Dwelling Units and Junior Accessory Dwelling Units
in a manner that encourages their development but simultaneously minimizes impacts on traffic,
parking, density, and other areas where the City is still permitted to exercise local control.
Section 17.23.020 Definitions.
"Accessory Dwelling Unit"or"ADU"has the same meaning ascribed in Government Code
section 65852.2,as the same may be amended from time to time.
"Attached ADU"means an ADU that is constructed as a physical expansion(i.e. addition)
of the Primary Dwelling and shares a common wall with the Primary Dwelling.
"Detached ADU" means an ADU that is constructed as a separate structure from the
Primary Dwelling, which does not share any walls with the Primary Dwelling.
"Existing Structure"means an existing single-family dwelling or other accessory structure
that can be safely converted into habitable space under the California Building Standards Code,as
amended by the City, and other applicable law.
"Junior Accessory Dwelling Unit" or "JADU" has the same meaning ascribed in
Government Code section 65852.22,as the same may be amended from time to time.
"Primary Dwelling", for purposes of this chapter, means the existing or proposed single-
family dwelling on the lot where an ADU would be located.
"Public Transit", for purposes of this chapter, has the meaning ascribed in Government
Code Section 65852.2(j),as the same may be amended from time to time.
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Section 17.23.030 Projects Exempt - Building Permit Approval Only
A. An applicant shall not be required to submit an application for an ADU or JADU
permit under this chapter, and may instead seek building permit approval for an ADU or JADU
that satisfies the requirements of Government Code Section 65852.2(e)(1), as the same may be
amended from time to time, and the California Building Standards Code, as amended by the City.
B. An ADU or JADU approved by a building permit only process shall be rented only
for terms of 31 days or longer.
C. The property owner shall record a declaration of restrictions,in a form approved by
the City Attorney, placing the following restrictions on the property, the property owner, and all
successors in interest: (i) the ADU or JADU is to be rented only for terms of 31 days or longer,
unless State law and the City's Municipal Code are both amended to allow short-term rentals; (ii)
the ADU or JADU is not to be sold or conveyed separately from the Primary Dwelling,and(iii)if
there is a JADU on the property, either the JADU or Primary Dwelling shall be occupied by the
owner of record. Proof of recordation of the covenant shall be provided to the City before the City
finals the building permit.
D. Pursuant to Government Code section 65852.2(e), the City shall ministerially
approve an application for a building permit within a residential or mixed-use zone to create any
of the following:
1. One ADU or JADU per lot with a proposed or existing single-family
dwelling if all of the following apply:
a. The ADU or JADU is within the proposed space of a single-family
dwelling or existing space of a single-family dwelling or accessory structure and may include an
expansion of not more than 150 square feet beyond the same physical dimensions as the existing
accessory structure. An expansion beyond the physical dimensions of the existing accessory
structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-
family dwelling.
c. The side and rear setbacks are sufficient for fire and safety.
d. The JADU complies with the requirements of Section 65852.22 and
with the requirements set forth in subsection E below.
2. One detached, new construction ADU that does not exceed four-foot side
and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The ADU may
be combined with a JADU described in paragraph 1 above. The ADU shall be no more than 800
square feet in size, with a height limit of 16 feet.
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3. One ADU within the portions of existing multifamily dwelling structures
that are not used as livable space, including, but not limited to, storage rooms, boiler rooms,
passageways, attics, basements, or garages, if each unit complies with state building standards for
dwellings. If requested, multiple ADUs shall be allowed, up to the number of ADUs that equals
25 percent of the existing multifamily dwelling units in the structure.
4. Not more than two Detached ADUs located on a lot that has an existing
multifamily dwelling, subject to a height limit of 16 feet and four-foot rear yard and side setbacks.
E. In accordance with the standards set forth in Government Code section 65852.22,
JADUs shall comply with the following requirements, unless State law is amended to set forth
different standards in which case State law standards will govern:
1. A JADU shall be a minimum of 220 square feet and a maximum of 500 square feet
of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the
maximum gross floor area of a JADU.
2. A JADU must be contained entirely within the walls of the existing or proposed
single-family dwelling.
3. A separate exterior entry from the main entrance to the single-family dwelling shall
be provided to serve a JADU.
4. A JADU may include separate sanitation facilities,or may share sanitation facilities
with the existing single-family dwelling.
5. A JADU shall include an efficiency kitchen which shall include all of the following:
a. a cooking facility with appliances.
b. a food preparation counter and storage cabinets that are of reasonable size
in relation to the size of the JADU.
6. No additional parking is required for a JADU.
7. The JADU or Primary Residence shall be occupied by the owner of record.
8. The City shall not issue a building permit until the applicant provides a will serve
letter from the local water and sewer provider. Notwithstanding the foregoing, if a private sewage
disposal system is being used,the applicant must provide documentation showing approval by the
local health officer in lieu of the will serve letter by the local sewer provider.
Section 17.23.040 General Requirements and Application Procedure.
A. Before constructing an ADU or converting an Existing Structure to an ADU that
does not fall under the "building permit approval only" requirements in Section 17.23.030, the
applicant shall obtain permits in accordance with the requirements of this section.
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B. All ADUs shall satisfy the requirements of the California Building Standards Code,
as amended by the City.
C. In accordance with State law, ADUs are an accessory use or an accessory structure
to the Primary Dwelling on the lot. ADUs shall not be considered to exceed the allowable density
for the lot.
D. Applications for ADUs shall be completed in accordance with Section 17.03.030
of this Development Code. The application for the ADU must be signed by the owner(s) of the
parcel of land.
E. The Director of Community Development or his/her designee shall ministerially
review and approve an ADU permit application and shall not require a public hearing, provided
that the submitted application is complete and demonstrates that the ADU complies with the
requirements contained in this chapter and any other applicable law.
F. ADU permit applications subject to ministerial approval shall be processed within
the timelines established by California Government Code Section 65852.2. The City shall approve
the ADU permit within 60 days of receiving the application, or as the deadline required by
Government Code Section 65852.2 may be amended from time to time.
G. Where an ADU permit application is submitted with an application for a Primary
Dwelling that is subject to discretionary review under this Code, the ADU permit application will
be considered separately without discretionary review or a public hearing, following action on the
portion of the project subject to discretionary review.
H. In addition to obtaining an ADU permit, the applicant shall be required to obtain a
building permit and any other applicable construction permits prior to the construction of the ADU.
Section 17.23.050 ADU Standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with
the following standards:
A. Location Restrictions: One ADU shall be allowed on a lot with a proposed or
existing Primary Dwelling that is zoned residential.
B. Development Standards:
1. Size restrictions. If there is an existing Primary Dwelling, an Attached ADU shall
not exceed fifty percent(50%)of the gross floor area for the Primary Dwelling. An Attached ADU
that is proposed with a new Primary Dwelling shall not exceed 1,200 square feet in floor area. A
Detached ADU shall not exceed 1,200 square feet in floor area. In no case shall an ADU be less
than an "efficiency unit" as defined in Section 17958.1 of Health and Safety Code with respect to
square footage.
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2. Height restrictions. An ADU shall not exceed 16 feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the
Primary Dwelling, but may be rented. The ADU shall not be used for short term rentals for less
than 31 days.
4. Setback. No setback shall be required for an ADU that is within an Existing
Structure or new ADU that is constructed in the same location and with the same dimensions as
an Existing Structure. For all other ADUs, the required setback from side and rear lot lines shall
be four feet. An ADU shall comply with all required front yard setbacks otherwise required by the
Municipal Code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable
to the zoning district in which the property is located, except where the application of the lot
coverage regulations would not permit construction of an 800 square foot ADU that is 16 feet in
height with four-foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any
historical resource listed on the California Register of Historic Resources, shall be designed and
constructed in accordance with the "Secretary of the Interior's Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing
Historic Buildings" found at 36 CFR 68.3, as amended from time to time. An ADU shall also
comply with all local historic register requirements, as well as all objective local requirements,
ordinances, or Specific Plans that pertain to historic resources.
C. Design and Features:
1. Design. The ADU shall have the same design, architecture, colors and materials of
the Primary Dwelling, and shall comply with any objective design standards adopted by the City
that are applicable to the zoning district or Specific Plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required
for the Primary Dwelling.
3. An ADU shall have a separate exterior access.
D. Covenant Required: The property owner shall record a declaration of restrictions,
in a form approved by the City Attorney, placing the following restrictions on the property, the
property owner, and all successors in interest: (i)the ADU is to be rented only for terms of 30 days
or longer; and (ii) the ADU is not to be sold or conveyed separately from the Primary Dwelling.
Proof of recordation of the covenant shall be provided to the City before the City finals the building
permit.
E. Parking Requirements:
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1. In addition to the off-street parking space(s)required for the Primary Dwelling,one
off-street parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of Public Transit;
b. The ADU is located within an architecturally and historically significant historic
district;
c. The ADU is part of a proposed or existing Primary Dwelling or accessory structure;
d. The ADU is located in an area where on-street parking permits are required but not
offered to an ADU occupant; or
e. The ADU is located within one block of a city-approved and dedicated parking
space for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or
covered parking structure, replacement of parking space(s) eliminated by the construction of the
ADU shall not be required as long as the ADU remains in use as a legal ADU.
Section 17.23.060 Fees and Utility Connections.
A. ADUs and JADUs shall have adequate water and sewer services. These services
may be provided from the water and sewer points of connection for the Primary Dwelling and not
be a separate set of services.
B. The owner of an ADU or JADU shall be subject to the payment of all sewer, water
and other applicable fees, including impact fees set forth in Government Code section 66000 et
seq., except as follows:
1. ADUs that are less than 750 square feet shall not be subject to impact fees.
2. ADUs that are 750 square feet or more shall be charged impact fees that are
proportional in relation to the square footage of the primary dwelling unit.
C. Prior to receiving a building permit, the owner of an ADU or JADU must submit
letters of service availability for water and sewer disposal to the Building Official.
Section 8. Table 17.24.040 (Parking Spaces Required) of Chapter 17.24 (Off-Street
Parking and Loading) of Title 17 (Zoning)of the Temecula Municipal Code is hereby amended as
follows, with all other provisions of Table 17.24.040 remaining unchanged:
Description of Use Required Number of Spaces
Accessory Dwelling Unit 1 parking space per newly constructed
Detached ADU except as otherwise provided
in Chapter 17.23. The parking space may be
provided as tandem parking on the driveway.
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Section 9. California Environmental Quality Act Exemption. The City Council
determines that this ordinance is exempt from environmental review under the California
Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("CEQA") and
the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because this zoning
ordinance implements the provisions of Government Code Section 65852.2 and is therefore
exempt from CEQA pursuant to Public Resources Code Section 21080.17 and California Code of
Regulations Section 15282(h). To the extent that any provisions of this ordinance are not exempt
pursuant to Section 15282(h), the amendments are not subject to CEQA pursuant to CEQA
Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.
Section 10. Submittal of Ordinance. The Community Development Director, or his
designee, shall submit a copy of the Ordinance to the Department of Housing and Community
Development within 60 days after adoption of this Ordinance.
Section 11. Certification. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 12. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
PASSED,APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 26th day of May, 2020.
James Stewart, Mayor
AT T:
Randi Johl, City Clerk
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2020-04 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 28`h day of April, 2020, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof
held on the 26th day of May, 2020, by the following vote:
AYES: 5 COUNCIL MEMBERS: Edwards, Naggar, Rahn, Schwank,
Stewart
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
to