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HomeMy WebLinkAbout17-40 PC Resoltuion PC RESOLUTION NO.17-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "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 FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080.17" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 4, 2017 the Planning Commission identified a need to amend portions of Title 17 of the Temecula Municipal Code to align the City's Accessory Dwelling Unit standards and regulations with existing California Government Code (Planning Application No. LR17-0023). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 of the Temecula Municipal Code on October 4, 2017, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A." E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review. Pursuant to Public Resources Code section 21080.17, the adoption of an ordinance regarding accessory dwelling units to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code is statutorily exempt from CEQA. Section 3. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR17- 0023, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of October 2017. �L ----� John H. Telesio, Chairperson ATTEST: Luke atson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 17-40 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of October 2017, by the following vote: AYES: 5 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, TURLEY- TREJO, WATTS, YOUMANS NOES: 0 PLANNING COMMISSIONERS: NONE ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: NONE r<A) 1�za Luke Watson Secretary ORDINANCE NO. 17- 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 Section 17.34.010 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 covered parking space shall be required for 2 bedroom units or less, and 2 covered parking spaces for 3 bedroom units or more. 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- Accessory dwelling units P P P P P P P ---ITP 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 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 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 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, or that it is not permitted anywhere else in the jurisdiction. 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 the existing primary residence or an existing 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 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. d. If a garage, carport, or covered parking structure is converted in conjunction with the construction of an accessory dwelling unit, the off-street parking spaces lost as a result of the conversion shall be replaced on-site for the primary residence based on the requirments set forth in Chapter 17.24. 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. 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)4 6 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. 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 day of Maryann Edwards, Mayor ATTEST: Randi Johl, City Clerk [SEAL] 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. 17- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of I , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk