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