HomeMy WebLinkAbout17-11 CC Ordinance ORDINANCE NO. 17-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.06, 17.24 AND
17.34 OF THE TEMECULA MUNICIPAL CODE RELATING
TO ACCESSORY DWELLING UNITS, AND MAKING A
FINDING OF EXEMPTION UNDER PUBLIC RESOURCES
CODE SECTION 21080.17
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Subsection S ("S" Definitions and Illustrations) of Section 17.34.010
of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to delete
the definition of"Secondary Dwelling Unit".
Section 2. Subsection A ("A" Definitions and Illustrations) of Section17.34.010
of Chapter 17.34 (Definitions of terms) of Title 17 (Zoning) is hereby amended to add the
definiton of "Accessory Dwelling Unit" in alphabetical order to read as follows, with all
other definitions remaining unchanged:
"Accessory dwelling unit" means an attached or detached residential dwelling unit
on a lot with an existing single-family residence (primary residence) that provides
complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the
single-family dwelling is situated. "Accessory dwelling unit" includes an "Efficiency Unit"
as defined in Health and Safety Code Section 17958.1 and a "Manufactured Home" as
defined in Health and Safety Code Section 18007.
Section 3. Table 17.24.040 of Section 17.24.040 (Parking Requirements) of
Chapter 17.24 (Off-Street Parking and Loading) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended so that"Second unit" is renamed "Accessory Dwelling
Unit" and is amended to read as follows:
Accessory Dwelling Unit The following parking shall be provided,
except as as otherwise provided in Section
17.06.050(L)(7):
1 parking space per accessory dwelling
unit or per bedroom shall be provided,
whichever is less. The parking space may
be provided as tandemn parking on a
driveway.
Ords 17-11 1
Section 4. Table 17.06.030 of 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 read as follows:
Description of Use HR RR VL L-1 L-2 LM M H HR-
SM
Accessory dwelling units P P P P P P P -11 P
Notes: 11. Legal nonconforming single family residences will be permitted to
construct accessory dwelling units if they meet the requirements of this Section
17.06.050(L).
Section 5. Subsection L of 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 read as follows:
"L. Accessory Dwelling Units.
1. Application Requirements. Applications for accessory dwelling units shall
be completed in accordance with Section 17.03.030 of this Development Code. The
application for the accessory dwelling unit permit must be signed by the owner(s) of the
parcel of land and the primary residence.
2. General Standards. Accessory dwelling units are permitted in all residential
zoning districts where there is a proposed or an existing owner-occupied single-family
detached dwelling. In accordance with state law, an accessory 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. Only one accessory dwelling unit shall be permitted
on any one lot. Any accessory dwelling unit that meets the standards set forth in this
Subsection L shall be approved by the Community Development Director.
3. Size Restrictions. An accessory dwelling unit shall not exceed 50% of the
area of the proposed or existing primary residence, or 1,200 square feet, whichever is
smaller. The accessory dwelling shall not be smaller in size than an "efficiency unit" as
defined in Section 17958.1 of Health and Safety Code.
4. Design. The accessory dwelling unit shall have the same design,
architecture, and materials of the primary residence and the surrounding neighborhood
in terms of height, mass, landscaping, and architectural materials.
5. Transfer. An accessory dwelling unit shall not be sold, transferred, or
assigned separately from the primary residence, but may be rented. The accessory
dwelling unit shall not be used for short term rentals for less than thirty days.
6. Occupancy Requirement/Covenant Required. The property owner must
occupy either the primary residence or the accessory dwelling unit. Within thirty(30) days
Ords 17-11 2
of the issuance of a building permit for an accessory dwelling unit pursuant to this
' Subsection L, the owner of record shall record a covenant, in a form satisfactory to the
City Attorney, which shall place future buyers on notice of the maximum size of the
accessory dwelling unit as set forth in this Subsection L, the required amount of off street
parking to be provided for the accessory dwelling unit, that the accessory dwelling unit
may not be sold, transferred or assigned separately from the primary dwelling unit, that
the accessory dwelling unit may not be used for short term rentals for less than thirty
days, and that such restrictions shall run with the land and be binding upon all future
owners. The covenant shall be recorded in the official records of the County of Riverside,
and a copy of the covenant shall be filed with the office of the City Clerk.
7. Parkinq Requirements:
a. Parking for the accessory dwelling unit shall be provided in accordance with
the off-street parking standards in Chapter 17.24, except that the parking space for the
accessory dwelling unit may be located in setback areas or through tandem parking,
unless the Community Development Director makes findings that parking in setback
areas or tandem parking is not feasible based upon specific site or regional topographical
or fire and life safety conditions.
b. Notwithstanding the foregoing requirements, no additional parking space is
required for an accessory dwelling unit that satisfies any of the following:
1. It is located within one-half mile of an active public transit stop;
2. It is located within an architecturally and historically significant district;
3. It is part of a proposed or existing primary residence or accessory structure;
4. It is located within one block of a car share vehicle; or
5. It is located in an area where the City requires on-street parking permits but
does not offer the permits to the accessory dwelling unit occupant.
c. If a garage, carport, or covered parking structure is demolished or converted
in conjunction with the construction of the accessory dwelling unit, the off-street parking
spaces lost as a result of the demolition shall be replaced on-site. The replacement
parking spaces may be located in any configuration on the same lot as the accessory
dwelling unit, including, but not limited to, covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts.
8. Setbacks. An accessory dwelling unit must comply with all setback
requirements applicable to the primary dwelling unit except under the following conditions:
a. No setback shall be required for an existing garage that is converted to
an accessory dwelling unit.
b. If an accessory dwelling unit is constructed above a garage, the required
side and rear setbacks shall be a minimum of five feet from the side and
rear lot lines.
Ords 17-11 3
9. Utilities. The accessory dwelling unit shall have adequate water and sewer
services. These services may be provided from the water and sewer points of connection
for the primary dwelling unit and need not be a separate set of services.
10. Historic Resources. Any accessory dwelling unit that has the potential to
adversely impact any historical resource listed on the National Register or the California
Register of Historic Places, 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.
11. Conversion of Exising Space of a Residence or Accessory Structure: In
accordance with State law, and notwithstanding any other provision of this Section, the
Community Development Director shall ministerially approve an accessory dwelling unit
that satisfies all of the following requirements:
a. It is located on a lot zoned single-family residential;
b. It is the only accessory dwelling unit on the lot;
c. It is contained within the existing space of an existing residence or
accessory structure;
d. It has independent exterior access; and
e. It has side and rear setbacks sufficient for fire safety."
Section 6. Table 17.06.050A of Subsection D (Accessory Structures and Uses.)
of 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 rename "Detached second unit" as "Accessory dwelling unit" and to add
footnote "6" to read as follows:
Accessory Front Yard Rear Yard Interior Side Yard
Structure
Accessory dwelling Not permitted in Refer to rear yard Refer to the side
unit actual front yard setbacks in Table yard setbacks in
unless it complies 17.06.0406 Table 17.06.0406
with Section
17.06.050(L)(11)46
Notes 6: The setback requirements will apply except as follows:
A. For an accessory dwelling unit that is constructed above an existing garage, the
minimum setback from all property lines is five feet.
B. For an accessory dwelling unit that is converted from an existing garage, no
additional setbacks beyond the existing garage setback shall be required, except
as may be required by the local building and fire codes.
Ords 17-11 4
Section 7. CEQA. This Ordinance was analyzed in accordance with the
authority and criteria contained in the California Environmental Quality Act (CEQA), the
State CEQA Guidelines, and the environmental regulations of the City. The City Council
finds that adoption of the Ordinance is exempt from CEQA pursuant to Public Resources
Code Section 21080.17, which provides that CEQA "does not apply to the adoption of an
ordinance by a city or county to implement the provisions of Section 65852.1 or 65852.2
of the Government Code." This Ordinance is adopted to implement recent changes in
Government Code Section 65852.2, and thus is exempt from CEQA's environmental
review requirements.
Section 8. Severability. If any section or provision of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this Ordinance shall remain valid. The City Council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
Section 9. Certification. The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same or a summary
thereof to be published and posted in the manner required by law.
Section 10. 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 14th day of November, 2017.
Mej
M. a n Edwards, Mayor
ATT
Randi Johl, City Clerk
[SEAL]
1
Ords 17-11 5
STATE OF CALIFORNIA )
I
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. 17-11 was duly introduced and placed upon its first reading at a meeting
of the City Council of the City of Temecula on the 24th day of October, 2017, and that
thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula
at a meeting thereof held on the 14th day of November, 2017, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
II
Randi Johl, City Clerk
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Ords 17-11 6