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HomeMy WebLinkAbout100417 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA OCTOBER 4, 2017 — 6:00 PM Next in Order: Resolution: 17-40 CALL TO ORDER: Flag Salute: Gary Watts Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans PUBLIC COMMENTS A total of 15 minutes is provided for members of the public to address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form may be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form may be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of September 20, 2017 PUBLIC HEARING ITEMS 1 Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Community Development Department application and must be accompanied by the appropriate filing fee. 2 Long Range Planning Application Number LR17-0023, an amendment to the Temecula Municipal Code to regulate accessory dwelling units, Dale West RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO.17- 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" REPORTS FROM COMMISSIONERS DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, October 18, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — TemeculaCA.gov — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Community Development Department at the Temecula Civic Center, (951) 694-6400. 2 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA SEPTEMBER 20, 2017 — 6:00 PM Next in Order: Resolution: 17-39 CALL TO ORDER: Flag Salute: Lanae Turley-Trejo led the Flag Salute ROLL CALL: Commissioners Present: Guerriero, Telesio, Turley-Trejo, Watts and Youmans Staff Present: Watson, Marroquin, Thomas, Gonzalez, West, Peters, and Jacobo PUBLIC COMMENTS Patrice Lyons addressed the Planning Commission Paul Oglesby addressed the Planning Commission Jan Gates addressed the Planning Commission Dennis Cullen addressed the Planning Commission Robert Grieb addressed the Planning Commission NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action. CONSENT CALENDAR 1 Minutes 5-0; MOTION BY COMMISSIONER TURLEY-TREJO, SECOND BY COMMISSIONER YOUMANS; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS RECOMMENDATION: 1.1 Approve the Action Minutes of September 6, 2017 City of Temecula Page 2 Planning Commission - Regular Meeting Action Minutes September 20, 2017 6:00 — 6:25 p.m. COMMISSION BUSINESS 2 General Plan Consistency Review for an Amendment to the Fiscal Year 2018-22 Capital Improvement Program (LR17-1365) MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, WATTS, AND YOUMANS RECOMMENDATION: 2.1 Staff recommends that the Planning Commission review the proposed amendment to the Fiscal Year 2018-22 Capital Improvement Program and make a determination that the proposed amendment is in conformance with the adopted City of Temecula General Plan. 2.2 Adopt a Resolution entitled: PC RESOLUTION NO. 17-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA FINDINGTHAT THE PROPOSED AMENDMENT TO FISCAL YEAR 2018-22 CAPITAL IMPROVEMENT PROGRAM (LR17- 1365) IS CONSISTENT WITH THE TEMECULA GENERAL PLAN REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT The Planning Commission meeting was adjourned at 6:25 p.m., to the next regular meeting: Planning Commission, Wednesday, October 4, 2017, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. John H. Telesio, Chairperson Luke Watson Planning Commission Director of Community Development 2 DATE OF MEETING: TO: FROM: PREPARED BY: APPLICANT NAME: PROJECT SUM MARY: CEQA: RECOMMENDATION: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION October 4, 2017 Planning Commission Chairperson and members of the Planning Commission Luke Watson, Director of Community Development Dale West, Case Planner City of Temecula Long Range Planning Application Number LR17-0023, an amendment to the Temecula Municipal Code to regulate accessory dwelling units. 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. Adopt a Resolution of the Planning Commission of the City of Temecula recommending that the City Council of the City of Temecula 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" BACKGROUND SUMMARY In the past several years, there have been considerable discussions throughout the State regarding a housing shortage in California, which is associated with rising housing costs and a shortage of affordable housing options. In recognition of these issues, Governor Brown signed into law Assembly Bill 2299 (AB 2299) and Senate Bill 1069 (SB 1069) on September 27, 2016, amending the existing State Law related to accessory dwelling unit regulations. Both bills became effective on January 1, 2017. The new laws regulate parking, type and size of units, approval process and timelines, and water and sewer utility requirements applicable to accessory dwelling units. Most importantly, the amended State Law invalidates a local agency's existing accessory dwelling unit ordinance if it does not comply will all of the requirements of the newly adopted state standards. As such, staff is proposing to amend the City's existing Accessory Dwelling Unit Ordinance (and other applicable sections of the Code) in order to align with the amended state law, which will allow the City to continue to enforce the majority of the City's existing ordinance. 1 ANALYSIS California Government Code Section 65852.2 requires local governments to use a ministerial (i.e., by -right) process for accessory dwelling unit applications, subject to reasonable development standards. As required, the City Council adopted the existing Ordinance to allow by -right approval of accessory dwelling units in all single-family residential zoning districts subject to certain criteria (e.g., minimum lot size requirement, owner occupant requirement, various development standards such as size, setback, and height limits, etc.), except where prohibited by the Ordinance. Together, AB 2299 and SB 1069 amended various sections of the California Government Code that regulates accessory dwelling units, making considerable changes to local authority to regulate such units. These changes can be categorized into four topic areas, which include parking, type and size of units, approval process and timelines, and water and sewer utility requirements. The notable provisions of AB 2299 and SB 1069 are as follows: • The existing local accessory dwelling unit ordinances is invalidated, until brought into compliance with the requirements of the amended State Law; • An accessory dwelling unit can either be attached to the existing dwelling, located within the living area of the existing dwelling, or detached and located on same property as the existing dwelling; • Notwithstanding other applicable restrictions or standards, cities must approve applications to create an accessory dwelling unit without any other restrictions if the unit is located in a single-family zoning district, is contained within existing space of the existing residence or accessory structure, has independent exterior access, and side and rear yard setbacks are sufficient for fire safety; • An accessory dwelling unit cannot be considered as a new residential use for the purpose of calculating utility charges, and cities cannot require a new or separate utility; • No setback can be required for an existing garage that is converted into an accessory dwelling unit, and no more than 5 feet of side or rear yard setback can be required for an accessory dwelling unit constructed above an existing garage; and • No parking can be required if an accessory dwelling unit meets certain criteria (i.e., proximity to a public transit stop, location within historic district, unavailability of a required on -street parking permit, and proximity to a shared car service). Proposed Amendments to the Zoning Code: Because the City's existing Ordinance does not fully comply with the newly amended State Law, there is an immediate need to amend the City's existing Ordinance in order to retain the City's authority to continue to enforce the majority of the City's existing Ordinance. The following summarizes the changes proposed: • The term "Detached Second Unit" will be replaced with "Accessory Dwelling Unit" throughout the Zoning Code; • The definition of accessory dwelling unit will be modified to include both attached and detached units. The new definition will read: "A residential dwelling unit that provides complete independent living facilities for one or more persons on the same parcel as a legal single family residence. An accessory dwelling unit may be attached to the existing dwelling unit, located within the existing space of the existing dwelling, or detached from the existing dwelling and located on the same lot as the existing dwelling. An accessory 2 dwelling unit shall include permanent provisions that include, but are not limited to, living, sleeping, eating, cooking, and sanitation." • Accessory dwelling units contained entirely within the existing space of a single-family residence or accessory structure, which have independent exterior access and the side and rear setbacks are sufficient for fire safety will be allowed in all single-family zoning districts without any restriction, subject only to the specific standards established by the state law. In other words, such units will be allowed in all single-family zoned properties regardless of lot size or location; • The minimum parking requirement for an accessory dwelling unit is reduced to one parking space in any form of covered, uncovered, or tandem on an existing driveway; • No setback can be required for an existing garage that is converted into an accessory dwelling unit; • Accessory dwelling units are exempt from parking standards under the following circumstances: 1) the accessory dwelling unit is located within one-half mile of public transit stop; 2) The accessory dwelling unit is part of the existing primary residence or an existing accessory structure; 3) When on -street parking permits are required but not offered to the occupant of the accessory dwelling unit; or 4) when there is a commercial car share vehicle drop-off/pick-up located within one block of the accessory dwelling unit; and • When existing parking spaces (i.e. garage or carport) for a primary dwelling unit are demolished in conjunction with the construction of an accessory dwelling unit, the replacement parking spaces for the primary dwelling unit can be provided in any form of covered, uncovered, tandem spaces, or by the use of mechanical automobile parking lifts. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on September 21, 2017. ENVIRONMENTAL DETERMINATION 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. ATTACHMENTS PC Resolution Draft Ordinance Notice of Public Hearing 3 DRAFT PC RESOLUTION PC RESOLUTION NO.17- 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. John H. Telesio, Chairperson ATTEST: Luke Watson 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- 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: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A DRAFT ORDINANCE 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 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 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 - SM Accessory dwelling units PPPPPPP -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 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. Parking 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 Exisinq 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 Structure Front Yard Rear Yard Interior Side Yard Accessory dwelling unit Not permitted in actual front yard unless it complies with Section 17.06.050(L)(11)46 Refer to rear yard setbacks in Table 17.06.0406 Refer to the side yard setbacks in Table 17.06.0406 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 , 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 NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Recommendation: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR17-0023; an Ordinance Regulating Accessory Dwelling Units City of Temecula A staff initiated application to amend Chapters 17.06, 17.24, and 17.34 of the Temecula Municipal Code regulatingAccessory Dwelling Units. Adopt 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" 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. Dale West, Associate Planner II City of Temecula, Council Chambers 41000 Main Street, Temecula, California October 4, 2017 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — TemeculaCA.qov. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — TemeculaCA.qov — and will be available for public review at the respective meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Community Development Department, (951) 694-6400.