HomeMy WebLinkAbout03_035 PC ResolutionPC RESOLUTION NO. 2003-035
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE PROCEDURES FOR
APPROVING SECONDARY DWELLING UNITS (PLANNING
APPLICATION PA03-0110)"
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the
City's Development Code; and
WHEREAS,
into law modifying
dwelling units; and
the State Legislature approved and the governor signed Assembly Bill 1866
how local governments review and approve applications for secondary
WHEREAS, the Legislature amended State Law requiring local governments to modify
the local standards second dwelling units to conform to the requirements of Assembly Bill 1866;
and
WHEREAS, the Planning Commission considered the proposed amendment on May 21,
2003, at a duly noticed public ihearing as prescribed by law, at which time the City staff and
interested persons had an oppprtunity to, and did testify either in support or opposition to this
matter;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Approval.: That the City of Temecula Planning Commission hereby
recommends that the City Council adopt an ordinance amending the requirements for
secondary dwelling units substantially in the form attached to this resolution as Exhibit A.
Section 2. Environmental Compliance. The project is the modification of local
standards to conform to the requirements of State Law regarding secondary dwelling units.
Section 21080.17 of the Public Resources Code exempts the adoption of local ordinances to
implement the provisions of Sections 65852.1 and 65852.2 regulating the construction of
secondary dwelling units. As a result, the Planning Commission recommends that the City
Council make a determination that the adoption of this ordinance is exempt from the
requirements of California Environmental Quality Act.
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Section3. PASSEDi APPROVED AND
Planning Commission this 21st day of May 2003.
ADOPTED by the City of Temecula
Joh , Co-Chairperson
ATTEST:
Debbie. Ubnoske, Secretary
&~ATE~,:C~UFORN~A/ )
6~BNTY, OF RI~E~[DE ) ss
I, D-~l~b~e Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2003-035 was duly and regularly adopted by the Planning Commission
of the of the City of Temecula at a regular meeting thereof held on the 21st day of May, 2003, by
the following vote:
AYES: 4
NOES: 0
ABSENT: 1
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Olhasso,
Telesio
None
Chiniaeff
None
Debbie Ubnoske, Secretary
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ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE PROCEDURES FOR
APPROVING SECONDARY DWELLING UNITS AND CLARIFY
THE PROCEDURES FOR CONDITIONAL USE PERMITS
(PLANNING APPLICATION PA03-0110)
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 to as follows.
A. Add the line for Secondary Dwelling Units to the Table.
Secondary dwelling unit
X4
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 or city council for approval."
Section 2. The City Council of the City of Temecula hereby amends Section 17.05.020.B
to read as follows: '~/Vhen 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.L 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.
Upon receipt of a complete application for a second unit, the director of planning shall
process the application if the secondary dwelling unit meets the following requirements:
A secondary dwelling unit shall have a floor area between four hundred (400) and
one thousand two hundred (1,200) square feet.
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.
The secondary dwelling unit shall be provided with off-street parking in accordance
with the off-street parking standards in Chapter 17.24.
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4. The application for the second unit permit must be signed by the owner of the parcel )
of land and the primary dwelling.
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. If any sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of
the remaining provisions of this ordinance. 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. Section 21080.17 of the Public Resources Code
exempts the adoption of local ordinances to implement the provisions of Sections 65852.1 and
85852.2 regulating the construction of secondary dwelling units. As a result, the City Council hereby
determines that the adoption of this ordinance is exempt from the requirements of California
En~,irenmental Quality Act.
Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 8. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage. The City Clerk .shall certify to the adoption of this Ordinance and cause copies of
this Ordinance to be posted in three designated posting places.
Section 9. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City Council
members voting thereon, it shall be published in a newspaper published and circulated in said City.
PASSED, APPROVED AND ADOPTED this __th day of ,2003.
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 03- was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the ._th day of ,2003 and that thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the th day of
2003, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL~ MEMBERS:
Susan W. Jones, CMC
City Clerk
\
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