HomeMy WebLinkAbout02_006 PC ResolutionPC RESOLUTION NO. 2002-006
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL NOT APPROVE AN ORDINANCE AMENDING TITLE
17 OF THE TEMECULA MUNICIPAL CODE REGARDING THE
STANDARDS FOR SECONDARY DWELLING UNITS
(PLANNING APPLICATION 01-0566)
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, Staff has identified a potential need to amend the adopted Development
Code to better address secondary dwelling units; and
WHEREAS, the Planning Commission considered the proposed amendment on March
6, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and
interested persons had an opportunity to, an 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. That the City of Temecula Planning Commission hereby recommends
that the City Council not approve an ordinance amending Title 17 of the Temecula Municipal
Code concerning Secondary Dwelling Units.
Section 2. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 6th day of March 2002.
Q~n'n~ Chiniaeff,
ATTEST:
. e ~e Ubnoske,.Secretary
[SEAL]
STATE.OF CALIFO. RNIA )
COUN'I~Y'OF RIVERSIDE ) ss
CITY OF TEMECULA )
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I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 02-006 was duly and regularly adopted by the Planning Commission of
the City of Temecula at a regular meeting thereof held on the 6th day of March, 2002, by the
following vote of the Commission:
AYES: 5
PLANNING COMMISSIONERS:
Guerriero, Mathewson, Olhasso,
Telesio and Chairman Chiniaeff
NOES:
0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
D~ebbie Ubnoske, Secretary
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EXHIBIT A
ORDINANCE NO. 02-
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EXHIBIT A
ORDINANCE NO. 02-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE STANDARDS FOR
SECONDARY DWELLING UNITS (PLANNING APPLICATION 01-
0SSS)
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, Sections 65860 of the Government Code requires that a zoning ordinance shall
be consistent with the adopted General Plan of the city; and
WHEREAS, the Planning Commission held duly noticed public hearing on March 6, 2002,
and recommended that the City Council approve the attached amendments to the City Municipal
Code; 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 ,2002 to
consider the proposed amendments to the City Zoning Map and the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 17.04.010 C is hereby amended as follows:
Add a new subparagraph I to read as follows, "If the conditional use permit involves
a new second dwelling unit in excess of 1,200 square feet but less than or equal to
2,000 square feet, the director of planning shall have the authority to approve,
conditionally approve or deny an application for a conditional use permit. Decisions
of the director of planning may be appealed to the Planning Commission, pursuant to
Section 17.030.090."
B. Renumber subparagraphs 1,2 and 3 as 2, 3 and 4, respectively.
Section 2. Section 17.04.010 E is hereby amended as follows:
Subparagraph 1 is amended to read as follows, 'q'o approve or conditionally approve
a conditional use permit, except for secondary dwelling units which are discussed in
Section E2 of this Chapter, the planning commission or planning director (or
planning commission and city council on appeal) must make the following findings:
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Add a new subparagraph 2 to read as follows, "The following findings shall be made
by the planning director or designee prior to the approval of a conditional use permit
for a secondary dwelling unit:
Exterior alterations are held to the minimum necessary, blending with the
existing residence on the lot and neighborhood residences by architectural
use of building forms, height, materials, colors, landscaping, etc.
ii. The second unit maintains the scale of adjoining residences and blends into
the existing neighborhood.
iii.
Exterior design is in harmony with the immediate neighborhood;
construction materials and methods conform to acceptable construction
practices.
iv. The second unit will not result in excessive noise, traffic and parking
congestion.
The property fronts on an adequate water main and will be adequately
served by a meter sized for single-family use. The applicant will be required
to obtain verification from the appropriate water district of available capacity.
vi.
The property fronts on an adequate sewer line with capacity to serve the
additional second unit. The applicant will be required to obtain verification
from the appropriate sewerage district of available capacity. If the property is
served by a septic system, the applicant shall obtain clearance from
Riverside County Department of Environmental Health.
vii.
The site plan shall provide adequate open space and landscaping that is
useful for both the second dwelling unit and the primary residence. Open
space and landscaping shall provide for privacy and screening of adjacent
properties."
Section 3. Table 17.06.030 i.s hereby amended to replace the listing for Secondary
Dwelling Units with the following:
Table 17.06.030
Description of Use
Residential Districts
Residential
Secondary dwelling units (400 s.f. to 1200 s.f.)4
Secondary dwelling units (1200 s.f. to 2000 s.f.) 4
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Section 4. Amend Section 17.06.050 M to read as follows:
"M.
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. The City recognizes two classifications for secondary
dwelling units; Second Dwellings greater than 400 square feet in size but less than or equal
to 1,200 square feet in size, and Second Dwellings greater than 1,200 square feet but less
than 2,000 square feet in size. Secondary dwelling units shall require a development plan
and shall meet the following minimum requirements:
General Provisions. All secondary dwelling units shall be subject to the following
provisions:
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.
ii. A second unit shall not be sold, but may be rented.
iii. An attached second unit on a residential lot shall have a floor area between
four hundred and one thousand two hundred square feet.
iv. A detached second unit on a residential lot shall have a floor area between
four hundred and one thousand two hundred square feet.
v. The application for the second unit must be signed by the owner of the pamel
of land and the primary dwelling.
vi.
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 amhitectural materials.
vii. The secondary dwelling unit shall be provided with off-street parking in
accordance with the off-street parking standards in Chapter 17.24.
viii. The second unit will be used as a dwelling unit only, and no businesses or
home occupations of any kind may be conducted from or in the second unit.
ix. The second unit shall be limited to the rear or side yard portions of the lot.
Second units will not be permitted in front of the primary unit.
The second unit is less than 150 feet from a public right of way. If the
second unit is placed more than 150 feet from a public right of way, the
applicant shall be required to provide all-weather access for emergency
vehicles. Permitted Uses. Secondary dwelling units from 400 square feet to
1,200 square feet. Secondary dwelling units in this class may not exceed 75
percent of the primary unit in size.
Permitted Uses. Secondary dwelling units from 400 square feet to 1,200 square
feet. Secondary dwelling units in this class may not exceed 75 percent of the
primary unit in size, shall require a development plan, meet the general provisions of
this section, and make the findings from Section 17.06.010 E 2.
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Conditional Uses. Secondary dwelling units from 1,200 square feet in size to 2,000
square feet in size. Secondary dwelling units in this class may not exceed 75
percent of the primary unit in size, and shall require approval of a Minor Conditional
Use Permit per Section 17.04.010."
Section 5. The following definition in Chapter Section 17.34 is hereby amended to read as
follows: '"'Secondary dwelling unit" means an additional dwelling unit to a primary residence on a
parcel zoned for single-family residence which may be rented and provides complete independent
living facilities for one or more persons."
Section 8. 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 7. Environmental Compliance. Staff has determined that this action is exempt from
CEQA per Section 15282, Other Statutory Exemptions, (i), as it complies with State Planning and
Zoning Laws concerning the adoption of ordinances for secondary dwelling units. As a result, the
City Council recommends that a determination be made that no further environmental analysis is
required.
Section 8. 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 9. Effective Date. This Ordinance shall be in full force and effect thirty (30) days
after its passage. The City Clerk shall cedify to the adoption of this Ordinance and cause copies of
this Ordinance to be posted in three designated posting places.
Section 10. 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 __, 2002.
ATTEST:
Ron Roberts, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
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I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02- was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the ._th day of ,2002 and that thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the th day of
2002, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCILMEMBERS:
Susan W. Jones, CMC
City Clerk
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