City of Temecula, CA RESIDENTIAL DISTRICTS

§ 17.06.010 Purpose and intent.

The following residential zoning districts are intended to provide regulations for the safe, efficient and creative design of residential areas and other areas within the city. The zoning districts are intended to be consistent with the land use designations that are described in the land use element of the Temecula general plan.

(Ord. 95-16 § 2)

§ 17.06.020 Description of residential districts.

Hillside Residential District (HR). The hillside residential zoning district is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the HR district is ten net acres.

Rural Residential (RR). The rural residential zoning district is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the RR district is five net acres.

Very Low Density Residential (VL). The very low density residential zoning district is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum lot size in the VL zoning district is two and one-half net acres.

Low Density Residential (L-1 and L-2). The low density residential zoning district is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the low density residential zoning district is further divided into the L-1 zoning district and the L-2 zoning district. The minimum lot size in the L-1 zoning district is one net acre. The minimum lot size in the L-2 zoning district is onehalf net acres.

Low Medium Density Residential (LM). The low medium density residential zoning district is intended to provide for the development of single-family homes. The minimum lot size in the LM zoning district is seven thousand two hundred square feet, with a density range of three to 6.9 dwelling units per net acre, and a target density of four and one-half dwelling units per net acre.

Medium Density Residential (M). The medium density residential zoning district is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes. The minimum lot size in the M zoning district is seven thousand two hundred square feet, with a density range of seven to 12.9 dwelling units per net acre, and a target density of ten dwelling units per net acre.

High Density Residential (H). The high density residential zoning district is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is thirteen to twenty dwelling units per net acre, with a target density of sixteen and one-half dwelling units per net acre. There is no minimum lot size in the H zoning district.

Hillside Residential-Santa Margarita (HR-SM). The hillside residential-Santa Margarita zoning district is intended to provide for development of very low density residential uses. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and limited emergency access. The minimum lot size in the HR-SM zoning district is ten net acres.

(Ord. 95-16 § 2; Ord. 01-14 § 1; Ord. 05-07 § 4(A); Ord. 06-06 § 6(E); Ord. 08-15 § 4; Ord. 10-05 § 4; Ord. 14-01 § 10)

§ 17.06.030 Use regulations.

The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential zoning districts as indicated in the columns corresponding to each residential zoning district. Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-" the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit.

Table 17.06.030 Residential Districts
Description of Use	HR	RR	VL	L-1	L-2	LM	M	H	HR-SM⁹
Residential
Single-family detached	P	P	P	P	P	P	P	-	P
Duplex (two-family dwellings)	-	-	-	-^2,13	-^2,13	-^2,13	P¹³	P¹³	-
Single-family attached (greater than two units)	-	-	-	-	-	P	P	P	-
Multifamily	-	-	-	-	-	-	P¹³	P¹³	-
Manufactured homes	P	P	P	P	P	P	P	P	P
Mobilehome park	-	-	C⁸	C	C	C	C	C	-
Facilities for the mentally disordered, disabled, or dependent or neglected children (six or fewer)	P	P	P	P	P	P	P	P	P
Facilities for the mentally disordered, disabled, or dependent or neglected children (seven to twelve)	C	C	C	C	C	C	P	P	C
Alcoholism or drug abuse recovery or treatment facility (six or fewer)	P	P	P	P	P	P	P	P	P
Alcoholism or drug abuse recovery or treatment facility (seven or more)	C	C	C⁸	C	C	C	P	P	C
Residential care facilities for the elderly (six or fewer)	P	P	P	P	P	P	P	P	P
Residential care facilities for the elderly (seven or more)	C	C	C	C	C	C	C	C	C
Residential care facilities (six or fewer)	P	P	P	P	P	P	P	P	P
Residential care facilities (seven or more)	P	P	P	P	P	P	P	P	P
Congregate care residential facilities for the elderly⁶	-	-	-	-	P	P	P	P	-
Boarding, rooming and lodging facilities	-	-	-	-	-	-	C	C	-
Accessory dwelling units	P	P	P	P	P	P	P	P	P
Guest house	P	P	P	P	P	P	P⁴	P⁴	P
Family day care homes—small and large	P	P	P	P	P	P	P	P	P
Day care centers	C	C	C	C	C	C	C	C	C
Bed and breakfast establishments⁶	C	C	C	C	C	C	C	C	C
Emergency shelters	C	C	C⁸	C	C	C	P	P	C
Transitional housing¹	P	P	P	P	P	P	P	P	P
Supportive housing¹	P	P	P	P	P	P	P	P	P
Efficiency units	-	-	-	-	-	-	P	P	-
Nonresidential
Agriculture/open space uses⁶	P	P	P	P	P	P	P	P	C
Religious institutions	C	C	C	C	C	C	C	C	C
Public utility facilities	C	C	C	C	C	C	C	C	C
Educational institutions	C	C	C	C	C	C	C	C	C
Libraries	C	C	C⁸	C	C	C	C	C	-
Commercial marijuana activity	-	-	-	-	-	-	-	-	-
Marijuana cultivation¹⁰	-	-	-	-	-	-	-	-	-
Medical marijuana dispensaries	-	-	-	-	-	-	-	-	-
Museums and art galleries (not for profit)	C	C	C⁸	C	C	C	C	C	-
Commercial kennels, commercial catteries, or cat/dog training center¹²	-	-	-	-	-	-	-	-	-
Noncommercial kennel	-	-	-	-	-	-	-	-	-
Noncommercial cattery	-	-	-	-	-	-	-	-	-
Large animals (horses, cattle, and mules)¹²	-	P	P	P	P	-	-	-	-
Small animals (burros, pigs, ponies and sheep)¹²	-	P	P	P	P	-	P	P	-
Temporary real estate tract offices	P	P	P	P	P	P	P	P	P
Recreational vehicle storage yard³	-	C	C⁸	C	C	C	C	C	-
Parking for commercial uses	-	-	-	-	-	-	P	P	-
Nonprofit clubs and lodge halls	-	-	-	-	-	-	P	P	-
Convalescent facilities	-	-	-	-	-	-	P	P	-
Golf courses	C	C	C⁸	C	C	C	C	C	-
Home occupations	P	P	P	P	P	P	P	P	P
Construction trailers^5,6	P	P	P	P	P	P	P	P	P
Short-term rentals	-	-	-	-	-	-	-	-	-
Animal keeping¹²	-	P	P	P	P	P	P	P	-
Apiaries or beekeeping¹²	-	P	P	P	P	P	P	P	-
Poultry¹²	-	P	P	P	P	P	P	-	-
Outdoor aviary¹²	-	P	P	P	P	P	P	P	-

Notes:
1.	Transitional housing and supportive housing shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
2.	A duplex or two-family dwelling may be permitted on corner lots with a planned development overlay pursuant to the provisions of Chapter 17.22 of this title.
3.	Subject to the provisions of Section 17.24.020(D)(2) of this title.
4.	Allowed only with a single-family residence.
5.	The director of planning shall have the discretion to waive submittal of an administrative development plan, if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses.
6.	Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7.	Not used.
8.	These uses are not permitted within the Nicolas Valley rural preservation area, as identified in Figure LU-5 of the land use element of the general plan.
9.	Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside development standards.
10.	Marijuana cultivation (as defined in Chapter 8.52) for medical, nonmedical or other purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code.
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(K).
12.	Subject to the supplemental development standards contained in Title 6 of this code.
13.	Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments.
14.	Employee housing providing accommodations for six or fewer employees shall be deemed a single-family structure with a residential land use designation. Employee housing providing accommodations for seven or more employees shall be considered a multifamily use and shall only be permitted in the medium density and high density residential zones.
15.	Agricultural employee housing is a residential land use for land designated for agricultural use. An agricultural use is defined in Section 17.34.010.

(Ord. 95-16 § 2; Ord. 96-19 §§ 2(Y) and (Z); Ord. 97-17 §§ 2(E) and 4(A); Ord. 98-02 § 2(A), (B); Ord. 98-14 §§ 5 and 6; Ord. 02-11 § 4(O)—(Q); Ord. 05-07 § 4(B); Ord. 06-05 § 5; Ord. 06-06 § 2(A); Ord. 07-15 § 11(A); Ord. 08-15 § 5; Ord. 10-05 § 5; Ord. 10-07 §§ 6, 7, 14; Ord. 11-03 § 6; Ord. 13-03 §§ 1—3; Ord. 16-01 § 2; Ord. 17-02 § 3; Ord. 17-11 § 4; Ord. 20-01 § 6; Ord. 20-04 § 4; Ord. 22-01 § 5; Ord. 22-02 § 5; Ord. 22-09 § 3; Ord. 23-03 § 12; Ord. 23-11, 11/28/2023; Ord. 2023-13, 12/12/2023)

§ 17.06.040 Development standards.

The development standards listed below are the minimum standards for development with the respective zoning districts. It is intended that these standards will be met in addition to the residential performance standards of Section 17.06.070. Considerations for approval of development plans and for awarding density bonuses will be based upon both the development standards and the degree of conformance with the performance standards. In the event of a conflict between the development standards and the performance standards, the director of planning shall determine which requirement best implements the intent of the development code.

Table 17.06.040 Development Standards—Residential Districts
Residential Development Standards	HR	RR	VL	L-1	L-2	LM	M	H	HR-SM
Lot Area
Minimum net lot area (sq. ft.)	-	-	-	-	-	7,200	7,200²	-	-
Minimum net lot area (acres)	10	5	2.5	1	½	-	-	-	10
Density range (dwelling units per net acre¹)	<0.1	0.1-0.2	0.2-0.4	0.5-2.9	0.5-2.9	3.0-6.9	7.0-12.9	13.0-20.0	<0.1
Lot Dimensions
Minimum lot frontage at front property line (feet)	50	50	40	40	30	30	30	30	50
Minimum lot frontage for a flag lot at the front property line (feet)	40	40	30	30	25	20	20	20	40
Minimum width at required front setback area (feet)	100	100	100	70	50	50	40	30	100
Minimum average width (feet)	100	100	80	70	60	50	50	50	100
Minimum lot depth (feet)	150	150	120	100	90	80	80	100	150
Setbacks
Minimum front yard (feet)	40	40	25	25	15³	10³	10³	20 Avg.⁴	40
Minimum corner side yard (feet)	40	40	15	15	15	15	15	15	40
Minimum interior side yard (feet)	25	25	10	10	10	Variable⁵	Variable⁵	Variable⁵	25
Minimum rear yard (feet)	25	25	20	20	20	20	20	20	25
Other Requirements
Maximum height (feet)	35	35	35	35	35	35	40	50	Subject to Section 17.06.080
Maximum percent of lot coverage	10%	15%	20%	25%	25%	35%	35%	30%	Subject to Section 17.06.080
Open space required	90%	75%	70%	60%	40%	25%	25%	30%	Subject to Section 17.06.080
Private open space/per unit (square feet)	NA	NA	NA	NA	NA	NA	200	150	Subject to Section 17.06.080

Notes:
1.	The allowed density for a particular project may exceed the maximum densities stated herein, as required by California Government Code Section 65915 and Section 17.10.020 of this title.
2.	Lot sizes below seven thousand two hundred square feet can be accommodated with the approval of a planned development overlay.
3.	Garages with entrances facing the street shall be set back no less than twenty feet.
4.	In the H residential zoning district, dwelling units with entrances that have direct access to the street, such that the predominate features of the home fronting the street are the windows and the front door, may have a minimum setback of fifteen feet.
5.	In order to allow for more flexible site planning, variable interior side yard setbacks are permitted in the LM, M and H zoning districts, as described below: LM zoning district: The combined interior side yard setback for both sides must equal at least fifteen feet. One side shall have at least five feet and the other side shall have at least ten feet and shall be located on the same side as the driveway to provide for potential vehicular access to the rear of the property. M and H zoning districts: The combined interior side yard setbacks shall not be less than ten feet and the distance between adjacent structures shall not be less than ten feet. This is intended to permit a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard.
6.	The lot coverage requirement may be reduced to the extent it would physically preclude a housing development project (as defined in Government Code Section 65589.5(h)(2)) consisting of three to ten units from achieving the floor area ratios allowed pursuant to Government Code Section 65913.11.

(Ord. 95-16 § 2; Ord. 96-19 §§ 2(EE) and 4; Ord. 97-03 § 2; Ord. 97-06 § 2; Ord. 97-17 §§ 3(D) and 5 (A—D); Ord. 98-18 § 6; Ord. 98-19 § 6; Ord. 99-24 §§ 4(B—D) and 5(B); Ord. 00-04 § 5; Ord. 00-05 § 5; Ord. 02-11 § 3(D)—(E), § 4(R)—(U); Ord. 04-10 §§ 1 and 2; Ord. 05-05 § 3(A—D); Ord. 06-05 § 5; Ord. 06-06 § 6(G); Ord. 07-15 §§ 12, 13; Ord. 08-08 §§ 18, 20; Ord. 08-11 §§ 7—13; Ord. 10-07 §§ 25—28; Ord. 12-02 § 5; Ord. 13-03 § 4; Ord. 14-01 § 15; Ord. 16-01 § 3; Ord. 16-05 § 6; Ord. 17-02 § 4; Ord. 18-09 § 7; Ord. 19-02 § 17; Ord. 22-02 § 7; Ord. 22-06 § 8; Ord. 22-09 § 4; Ord. 23-03 § 22; Ord. 23-11, 11/28/2023; Ord. 2023-13, 12/12/2023)

§ 17.06.050 Special use standards and regulations.

Residential Density Incentives. Increase in the maximum residential density. This section is exclusive of density bonuses as established under the State Government Code Section 65915. As a part of the process of the review and approval of a development plan or conditional use permit, the planning commission and city council may consider an increase in the target density as indicated on Table 17.06.040. The amount of the increased intensity shall not exceed the maximum of the density range stated in the general plan for the specific land use designation. In addition, the city engineer must determine if the project at the increased density does not create unmitigable impacts upon the traffic circulation in the area or overburden the utilities serving the area. The city council shall consider the following factors in determining if an increase in the residential density is justified:

The project includes use(s) which provide outstanding and exceptional benefits to the city with respect to the employment, fiscal, social and economic needs of the community. Examples include the provision of affordable housing with proximity to convenient shopping and employment, accessibility to mass transit facilities, and creative mixtures of housing types and densities.

The project provides exceptional architectural and landscape design amenities which reflect an attractive image and character for the city. Examples include extraordinary architectural design, landscaped entry features in the public right-of-way, public trail systems, or public plazas and recreational features in excess of what is required by this development code.

The project provides new public facilities which are needed by the city. Examples of such facilities include: the provision of community meeting centers, needed transportation improvements, off-site traffic signalization, police or fire stations, public recreation facilities, and common parking areas or structures to serve the community.

Multifamily Privacy Standards.

Building Separation. Residential structures on the same lot shall maintain a minimum separation of at least ten feet for one-story structures, fifteen feet for two-story structures, and twenty feet for three-story structures. Accessory structures shall maintain a minimum separation of at least five feet from other structures on the same lot.

Visual Screening. All windows of adjacent residential units shall be offset and/or shielded by landscaping from windows of the adjacent units. Windows shall be offset at least three feet or angled to prevent a direct view into an adjacent residential unit.

Access to Buildings Shall be Maintained.

Accessory structures or architectural features shall be designed or constructed in a way that will not obstruct access to any primary buildings or accessory living quarters.

Fences or walls shall provide a gate or other suitable opening not less than forty-eight inches in width to provide access to primary or accessory structures.

A minimum of six feet of clear and open space shall be maintained between permitted projections on main buildings.

Accessory Structures and Uses.

Location. Accessory structures shall be located only in rear and interior side yards or within the allowable buildable area.

Height. Accessory structures shall not exceed a height of sixteen feet. Accessory structures shall not exceed the maximum height allowed for the zone, if located in the HR, RR, VL, L-1 and L-2 zones.

Separation. Accessory structures shall maintain a minimum separation of at least three feet from all other structures, unless attached to the main structure. Except that storage and utility structures that are larger than one hundred twenty square feet shall not be located within six feet of another structure. Eaves or roof overhangs may not extend more than one foot into this six foot area from either direction.

Setbacks. Setback requirements and the placement of accessory structures in the required yards for the VL, L-1, L-2, LM, M and H zones are set forth in Table 17.06.050A, Accessory Structures Setbacks. In the HR and RR zones, no accessory structures are allowed within the required yards.

Coverage. A maximum thirty percent building coverage shall apply within any required yard area.

Flag Poles. A maximum height of forty feet.

Antennas. Are subject to the provisions of Chapter 17.40.

Animals Accessory to a Residential Use. The keeping of certain non-exotic or non-wild animals is considered accessory to a residential use. Not more than four cats and dogs, over the age of four months, are allowed. Caged pets, including small amphibians, birds, mammals and reptiles may be kept on the premises. This provision also includes the keeping of fish and chickens, pursuant to Section 17.10.020 of the Temecula Municipal Code. The keeping of household pets shall comply with the provisions of Title 6 of the Temecula Municipal Code.

Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure	Front Yard	Rear Yard	Interior Side Yard¹
Carports	Not permitted	5 ft. min. for support columns	5 ft. min. for support columns
Garage	20 ft. (Entrance faces street) 10 ft. (Entrance from side not facing front yard)	5 ft. min., but no less than 15 ft. from centerline of alley	5 ft. min.
Storage/utility enclosure	Not permitted	3 ft.	3 ft.
Swimming pool	Not permitted³	5 ft. to water's edge	5 ft. to water's edge
Swimming pool equipment	Not permitted³	3 ft.	3 ft.
Spa	Not permitted³	3 ft. to water's edge	3 ft. to water's edge
Antennas	Not permitted	5 ft.	5 ft.
Gazebo/garden structure	Not permitted	5 ft.	5 ft. if interior side yard 10 ft. if street side yard on corner lot
Solar collector (ground mounted)	Not permitted in front yard	10 ft. 0 in.	10 ft. 0 in.
Decks (not to exceed 36 inches above the ground)	Not permitted	5 ft. min.	5 ft. min.
Roof decks	Must meet district development standards (i.e. setbacks, height, lot coverage, etc.)
Patio covers measured at vertical supports	15 ft.	5 ft. min.	5 ft. min.

Notes:
1.	On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2.	Accessory structures with walls must be separated from other accessory and primary structures by at least six feet.
3.	Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050(E).

Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper, shall be located as follows:

For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only within the side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five-foot setback for swimming pools or the three-foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from view from the front yard areas.

For the VL, RR and HR zoning districts swimming pools and spas may be located within the front, side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the fivefoot setback for swimming pools or the three-foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height.

Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B, Maximum Encroachments into the Required Yard Areas for the VL, L-1, L-2, LM, M and H Zones, may encroach into the required yards subject to the conditions placed upon those items by the table. In the HR and RR zones, no encroachments are allowed into the required yards.

Table 17.06.050B Maximum Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M and H Zoning Districts
Item	Maximum Encroachments into Yard Area
Item	Front	Rear	Side¹
Architectural features (such as wall projections, eaves, overhangs, extensions, decorative materials and artwork).	2 ft.	2 ft.	2 ft.
Awning or canopy (with no vertical supports)	4 ft. 0 in.	4 ft. 0 in.	3 ft. 0 in.
Awning or canopy (with vertical supports measured at vertical supports).	6 ft. 0 in.	6 ft. 0 in.	3 ft. 0 in.
Balconies or stairways	3 ft. 6 in.	3 ft. 6 in.	3 ft. 6 in.
Bay windows	2 ft. 6 in.	2 ft. 6 in.	2 ft. 6 in.
Chimneys and air conditioning units	2 ft. 0 in.	2 ft. 6 in.	2 ft. 6 in.
Porch	6 ft. 0 in.	3 ft. 0 in.	3 ft. 0 in.
Stairway landings	6 ft. 0 in.	6 ft. 0 in.	3 ft. 6 in.

Notes:
1.	On a corner lot, projections permitted in a front yard setback also apply to a street side yard.
2.	The deck and its railing shall not exceed the building height limit for the applicable zoning district.

Projection Above Height Limits. Flues, chimneys, elevators, or other mechanical equipment, television antennas, spires or belltowers, or similar architectural, utility, or mechanical features, may not exceed the height limits in Tables 17.06.040 and more than fifteen feet.

Manufactured Homes. Manufactured homes, as certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) and as defined under the California Health and Safety Code, Section 18551, shall be permitted as a single-family residence, subject to the following special conditions:

Every manufactured home shall stand on a permanent foundation.

The exterior siding shall be reviewed and approved by the director of planning. In determining the material to be used, the director shall consider the types of construction materials used on existing houses in the immediate neighborhood.

The roof shall have a pitch of not less than two inches vertical run by twelve inches horizontal run. The roof shall overhang the side of the house by not less than twelve inches in height. Roofing material shall consist of composition shingle, asphalt or other material typically found on a wood frame house.

Units shall conform to all other development and use requirements applicable to primary units in the district.

Fences, Hedges and Walls.

Solid fences, hedges and walls within the front setback shall have a maximum height of three feet in order to maintain safe visibility for pedestrians and egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding six feet in height may be located in a required front yard, corner, side yard, or visibility clearance area, provided such fences are constructed with at least ninety percent of the top three feet of their vertical surface open, and non-view obscuring. Chain link fencing with or without slats is prohibited.

Fences and walls and fencing set on top of walls within other setback areas shall have a maximum height of six feet measured at the lowest point of finished grade where the fence is located.

Sports facilities such as ball fields and tennis courts may have court fencing at a maximum of twelve feet, provided the fencing is set back at least five feet from the property line.

Site Visibility.

A sight visibility area shall be provided at the intersection of all streets.

Nothing shall be placed or allowed to grow, in the corner cut-off area greater than thirty-six inches from the top of the curb, which obstructs visibility or threatens vehicular or pedestrian safety. The dimensions of the corner site visibility area shall be measured from the curb return at each side of the curb radius. The sight visibility area requirement is based upon the type of street as follows:

Local street or alley: fifteen feet.

Collector or arterial: twenty-five feet.

Property Maintenance. All buildings, structures, yards and other improvements shall be maintained in a manner which does not detract from the appearance of the immediate neighborhood. The following conditions are prohibited:

Dilapidated, deteriorating, or unrepaired structures, such as fences, roofs, doors, walls, and windows;

Scrap lumber, junk, trash or debris;

Abandoned, discarded or unused objects or equipment, such as automobiles, automobiles parts, furniture, stoves, refrigerators, cans, containers, or similar items;

Stagnant water or excavations, including pools or spas.

Religious Institutions. Religious institutions are conditionally permitted in all residential zoning districts. Religious institutions shall be developed in the following manner:

The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located.

The facility shall be located on a general plan level roadway.

All buildings shall have a minimum ten-foot setback from property lines adjoining residential uses.

Recreational facilities other than open fields shall have a minimum twenty-five foot setback from property lines adjoining residential uses.

The buildings and parking shall be located to minimize impact on adjacent residential uses.

(Ord. 95-16 § 2; Ord. 96-19 §§ 2(AA), (BB) and (XX); Ord. 98-14 § 4; Ord. 99-24 §§ 2(A—E), 3; Ord. 2000-04 § 4; Ord. 2000-05 § 4; Ord. 02-11 § 3(C)(K), § 4(E)(K); Ord. 02-12 § 1; Ord. 03-06 § 3; Ord. 05-07 §§ 4(D—H); Ord. 06-06 § 6(F); Ord. 07-15 § 6; Ord. 08-08 §§ 15, 16; Ord. 10-07 §§ 8, 16; Ord. 14-01 §§ 12—14; Ord. 17-11 § 5, 6; Ord. 19-02 §§ 13—15; Ord. 20-04 §§ 5, 6; Ord. 22-01 § 6; Ord. 23-03 § 13)

§ 17.06.060 Landscape standards.

Development plans for projects within the residential zoning districts shall include landscape and irrigation plans. All landscape areas shall be consistent with the city's adopted Water Efficient Landscape Design Ordinance as established in Chapter 17.32 of the Temecula Municipal Code.

(Ord. 08-07 § 6)

§ 17.06.070 Residential performance standards.

Purpose. The purpose of this section is to provide for uniform performance standards and criteria for the design of residential buildings within the city. These standards shall be used as a part of the review of development proposals in addition to the other development standards in this section. It is recognized that the quality and compatibility of building design directly impacts the health, safety and welfare of the residents of the community. Moreover, quality and compatible building design promotes and preserves the stability of the city through orderly growth and enhancement of a quality residential living environment. These purposes are further achieved through the following:

The enhancement of the physical character of the community and quality of life through sound planning and coordinated development.

The balancing of aesthetic design qualities with functional development.

The preservation and enhancement of the physical character, integrity, and quality of residential areas, particularly those having a unique character or historical significance or other special characteristic.

The enhancement and protection of property values and the adherence to the goals and policies of the general plan.

The stimulation of improvements and maintenance of surrounding properties, thereby preventing and reversing the effects of urban blight.

The heightening of community expectations and awareness concerning the design quality of the residential environment and its positive influence on the lives of the citizens of Temecula.

Additions and Remodeling and New Construction of Accessory Structures. Additions, renovations and new accessory structures should be designed to provide variety and interest while creating an overall unified image. Building facades should be designed with consideration of appropriate materials, complementary colors, and by using materials with textures and depth of materials such as brick or stone.

The additions or accessory structures shall be designed in a manner that is integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. This can be accomplished by:

Using similar roof pitches and types;

Using complementary or consistent materials and colors;

Designing additions as an integral part of the building;

Maintaining appropriate proportions of the existing building design; and

Maintaining a balance between the proportions of the existing building in terms of building mass and scale. Avoiding placing architectural elements that are visually more massive or heavier above elements that are visually lighter or less massive.

Single-Family Detached Residential Developments.

Streetscape. The residential project should be designed in a manner that creates visual interest along the street frontages. There should be a variety of building designs and model types to avoid a monotonous appearance along the streetscape. Placement of the different models should be varied significantly from contiguous lots and lots directly across the street from one another. Garages should not be the dominant feature of the streetscape. Potential strategies that may help to achieve an attractive and interesting streetscape include, but are not limited to, the following:

Minimizing the extent to which a garage protrudes from other portions of the house by placing a second story over the garage;

Varying the front yard setbacks from the garage and/or the house;

Developing the project with rear entry to the garages through an alley or providing for side entry to the garage;

Varying garage door treatments with different design details or by using a combination of single- and two-door garages;

Using substantially different façade designs throughout the development which include a variety of complementary but contrasting colors, varied entry treatments, varied building heights, and variety of design details and building forms; and

Providing for variations in lot in width, in front and side yard setbacks, and vary the orientation of buildings.

Visual Appeal. Houses should be designed with relief in building facades. Extensive flat and unbroken wall planes should be avoided. This can be accomplished by uses of a variety of building materials and colors to provide contrast, use of materials with texture or depth, and providing appropriate window and door openings to divide the façade into separate visual elements. Offsetting building planes can be created using such architectural features such as porches, sloping portions of the roof, dormer windows and varying the horizontal footprint of the building with variable setbacks or stepping back the upper levels.

Massing and Scale. Avoid box-like designs by using variations in the building footprint.

Use a variety of shapes and forms including architectural projections, such as roof overhangs or stepped fascias which provide contrast with vertical walls, chimneys.

The excessive mass and bulk of the roof should be broken up in smaller areas that reduce the apparent scale of the house and provide visual interest. This can be done by varying the height of portions of the roof, varying the orientation of the roof, and by using gables, dormers, or hip roofs.

Compatibility. Where a neighborhood area has an identifiable character, new development within that neighborhood should be designed to maintain that character. This can be accomplished by designing new housing to be in scale with the existing structures by using similar or complementary materials or colors and by using similar building forms, shapes, or architectural details.

Multifamily or Attached Single-Family Residential Development. The following design criteria shall apply to all new multifamily or attached single-family residential projects.

Objective Design Standards. Any housing development project that, pursuant to state law, requires ministerial approval or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments.

Streetscape. Use creative entry treatments and other architectural features such as porches, balconies, shutters and dormers.

Use a variety of complementary colors and avoid the use of a single dark color without contrast.

Use various window shapes and sizes with special details such as multipaned or curved windows.

Develop a consistent design theme throughout the project through the use of similar materials, colors, shapes, and forms and architectural design details.

Buildings should be designed so that there is visual relief in building façades, especially those viewed from the street. This can be accomplished by using appropriate combinations of building materials, use of materials with texture or depth, providing appropriately located window or door openings and by providing variations in the building footprint.

Massing and Scale. The bulk of the building should be divided to reduce the apparent scale and provide visual interest. Box-like designs should be avoided. This can be accomplished through the following strategies:

Use variations in the building footprints and façades. Such variations should be proportional to the overall bulk of the buildings with variations being greater for large buildings.

Use a variety of shapes and forms including architectural projections such as roof overhangs, box windows, stairways, balconies, and cantilevers that create shadows on the building.

Use contrasting vertical and horizontal elements that help to break the visual mass of the façade into small areas.

The bulk of the roof should be divided into smaller areas to reduce the apparent scale of the building and provide visual interest.

(Ord. 95-16 § 2; Ord. 96-19 § 2(DD); Ord. 19-02 § 16; Ord. 22-02 § 6)

§ 17.06.080 Hillside development standards.

Purpose and Intent. This section is established to achieve the city's objective to facilitate and permit the orderly development of property within the HR-SM zone in the Santa Margarita area annexation through a set of hillside development standards aimed at protecting the public health, safety and welfare; protecting and preserving natural and biological resources for long-term benefit of the city and the broader community, recognizing the inherent value in the properties subject to the HR-SM zone; allowing size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain, presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas; and optimizing the use of sensitive site design, grading, landscape architecture, and architecture, all to achieve the city's objectives. Specific regulations and standards address the following city objectives:

To protect the value of the community and the subject property of ridgelines, prominent landforms, rock outcroppings, open space areas, hydrologic features, wildlife communities, unique and sensitive habitat and vegetation communities, and other natural, biological, archaeological/historical, and scenic resources;

To preserve the visual and aesthetic quality of hillsides as viewed from the surrounding community;

To promote and encourage a variety of high quality, alternative architectural and energy efficient development designs and concepts appropriate for hillside areas;

To preserve the public health, safety, and welfare and specifically protect the public and property from hazards such as seismic, geologic, and fire.

Applicability and Permit Required. This section applies to all properties within the Santa Margarita area annexation that are located within the HR-SM zoning district.

In addition to any other permit or approval required by this code, any person proposing to subdivide, grade, erect, or construct into, over, or on top of property within the HR-SM zoning districts shall first obtain a land use entitlement through the approval of a hillside development permit pursuant to Section 17.04.060 to ensure compliance with this section.

Definitions. The following terms shall have the following meanings for purposes of this section:

"Accessory facilities"

mean buildings, structures, roads, driveways, walls or fences incidental to permitted, or conditionally permitted, use.

"Disturb"

means to alter the natural surface of the land or the natural vegetation by any means, including, but not limited to, grading, clearing, brushing, grubbing, or landscaping.

"Graded slope"

means all the faces of a graded slope, from the toe of the slope to the top of the slope, whether the faces are covered by natural vegetation, riprap, retaining walls or other material.

"Hill"

means a well-defined natural elevation that extends above surrounding terrain.

"Hillside"

means the side or slope of a hill.

"Hillside development permit"

means an entitlement based upon an application which includes all required submittal documents that comprehensively evaluated to determine its impacts on neighboring property and the community as a whole, from the standpoint of the site, landscape design, architecture, materials, colors, lighting, signs, in accordance with the applicable development standards for the zone, as well as the hillside development standards.

"Hillside development standards"

mean the hillside development standards approved by the city council of the city of Temecula as now exist and as may from time to time be amended.

"MSHCP"

means the Western Riverside County Multi-Species Habitat Conservation Plan as adopted by the city council of the city of Temecula on December 16, 2003.

"Peak"

means the summit of a hill.

"Restoration"

means the process of repairing a disturbed site to replicate its natural condition.

"Ridgeline"

means a line connecting the highest elevation points of a ridge, running center and parallel to the long axis of the ridge.

"Site"

means the parcel on which development is proposed.

"Slope analysis"

means an analysis prepared by a California licensed land surveyor or civil engineer based on a topographic map with contour intervals not exceeding ten feet.

Exemptions from Hillside Development Permit. The following are exempt from the provisions of this section:

Any development proposal calling for the construction of a structure in a ridgeline area having received approval, pursuant to the adopted regulations in effect at the time of approval, prior to enactment of the ordinance codified in this section shall be exempt; however, the requirements of this section shall be applied if an extension of time is requested;

Open space projects and regional or community trails on city of Temecula owned property;

City or other governmental projects that receive approval by the city council of the city of Temecula.

Environmental Assessment Required. A hillside development permit processed under this section shall be a "project" for purposes of the California Environmental Quality Act.

Application Requirements. In addition to the application requirements of Section 17.03.030 of the development code, all of the following shall be submitted with a hillside development permit application in the HR-SM zoning district:

A site plan drawn to scale by a California-licensed land surveyor or registered civil engineer, showing the location of all existing peaks, ridgelines, hills, hillsides and other significant landforms including rock outcroppings, all areas within two hundred feet of a peak or ridgeline, the location of all existing watercourses, the location of all existing vegetation including oak trees and the type and quantity thereof, the location of all existing and proposed agricultural areas, the location of all existing and proposed dwellings and the location of all existing and proposed accessory facilities;

A grading plan, including a blasting permit, if necessary, subject to the requirements of Title 18 of the Temecula Municipal Code;

A topographic map of the site, drawn to scale by a California-licensed land surveyor or civil engineer, showing all the items referenced in subsection (F)(1). The scale on the topographic map shall be no smaller than one inch equals two hundred feet with contour intervals not exceeding ten feet;

A slope analysis of the site showing the following slope categories: 0-15% grade, 16-20% grade, 21-25% grade and over 25% grade prepared by a licensed land surveyor or a registered engineer;

Underground utility plan;

A biological report for the site addressing the topics enumerated in subsection J of this section;

A cultural resources assessment prepared by a qualified archaeologist;

Photographs of the portion(s) of the site that would be disturbed taken from each corner of the site and from all vantage points deemed appropriate by the director of planning;

A proposed land disturbance plan showing and describing the portion(s) of the site that would be disturbed, and the nature and extent of the disturbance;

10.

A proposed erosion and sedimentation control plan showing and describing interim and ultimate erosion and sedimentation control measures;

11.

A proposed landscape and habitat restoration plan, including a restoration time schedule, showing and describing how the site would be landscaped and repaired and how the natural conditions of the site would be replicated. A qualified biologist shall prepare the habitat restoration plan;

12.

A proposed architectural plan showing how primary and accessory structures would be constructed;

13.

A proposed exterior lighting plan showing how primary and accessory structures, and landscaping would be illuminated;

14.

A line of sight analysis, visual analysis, geologic study or any other requirement deemed appropriate by the planning director;

15.

A fuel modification plan consistent with the General Guidelines for Creating Defensible Space adopted by the State Board of Forestry and Fire Protection, February 8, 2006 ("General Guidelines"), or the most current edition of the General Guidelines.

Development Standards. The following development standards shall apply in the hillside residential-Santa Margarita (HR-SM) zone whenever a hillside development permit is required by this section:

Height.

No dwelling, building or structure shall have more than two stories.

On a level building pad, the maximum height of a dwelling, building or structure shall be thirty feet measured from the foundation.

On a terraced building pad, the maximum height of a dwelling, building or structure shall be forty feet measured from the lowest finished floor level, excluding any basement areas.

Lot Area.

The minimum lot size shall be ten acres in the HR-SM zone.

Development in accordance with this section may occur on a lot smaller than ten acres in the HR-SM zone if the lot was legally created or previously existed on the effective date of the ordinance codified in this section, but no further subdivision of such a lot shall be allowed.

Land Disturbance. Land disturbance shall conform in all respects with the land disturbance plan approved by the director of planning. A land disturbance plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan.

Areas situated within two hundred feet of a peak or ridgeline shall not be disturbed.

Natural slopes having a twenty-five percent or greater grade shall not be disturbed.

The horizontal distance between a natural or graded slope and a roof, or portion thereof, shall not be less than twenty feet.

The vertical distance of a graded slope shall not exceed fifteen feet from the toe of the slope to the top of the graded slope, unless a five-foot bench is placed between two graded slopes and the bench is planted with vegetation similar to that growing on the portion(s) of the site that have not been disturbed.

The maximum height of a graded slope, including required benching, shall not exceed thirty feet.

The use of blasting for road construction or pad grading shall be strongly discouraged and alternate construction techniques shall be used if feasible. Site disturbance and grading shall be kept to a minimum.

Land disturbance shall not exceed the following limitations:

Land Disturbance Limitations Table HR-SM Zoning District
Parcel/Lot Size	Maximum Area That May Be Disturbed
10 net acres or greater	40,000 square feet
Less than 10 acres	10% of the lot area

Land disturbance shall conform in all respects with the erosion and sedimentation control plan approved by the director of planning or public works.

Landscaping and Restoration. Landscaping and restoration shall conform in all respects with the landscaping and restoration plan approved by the director of planning. A landscaping and restoration plan shall be accompanied by a cash deposit equal to the cost of the revegetating all disturbed areas. The restoration plan shall be prepared by a biologist with expertise in habitat restoration. The director of planning shall retain this deposit until he or she is satisfied that revegetation has been successful, but in no event shall the director of planning retain the deposit for more than five years. Within the five-year period, the director shall have the authority to use the deposit to complete the required revegetation.

Architecture. Dwellings and accessory facilities shall conform in all respects with the architectural plan approved by the planning commission.

Exterior Lighting. Exterior lighting shall conform in all respects with the exterior lighting plan approved by the director of planning. An exterior lighting plan shall, at a minimum, meet the following requirements, but meeting these requirements does not guarantee approval of the plan:

Lights shall not be located on the portion(s) of the site that have not been disturbed.

Lights shall not be located closer than ten feet from any property line.

Lights shall be fully shielded and directed away from areas deemed inappropriate by the director of planning.

Walls and other architectural elements shall not be lighted for decorative purposes.

Tennis and other sport courts shall not be lighted for any purposes.

The maximum lighting intensity of the site shall not exceed two hundred fifty lumens when measured at any property line.

Energy Efficient Standards. Energy efficient standards shall be incorporated during the construction and operational phase of any structure permitted under this section:

Construction of any structure for human habitation permitted under a hillside development plan shall be required to exceed Title 24 standards by a minimum of ten percent.

All structures for human habitation shall incorporate sealed duct systems.

All structures for shall incorporate fluorescent lighting where practical.

"Energy Star" appliances shall be installed in all structures where applicable.

All structures for human habitation shall incorporate high-albedo roofing.

All structures for human habitation shall incorporate dual paned glass windows.

All residential structures shall incorporate at least two of the following features to obtain a final building inspection:

Spectrally selective or Low-E glass on all windows and doors;

ii.

Enhanced insulation which exceeds Title 24 standards by at least fifteen percent;

iii.

A landscape design that utilizes trees or other vegetation to shade the structure's sidewalks, patios, and driveways;

iv.

Solar water heaters;

Photovoltaic systems to supply at a minimum eighty percent of the normal power needs of the structures proposed and existing based on an annual average.

Green Building. All residential structures will be required to incorporate one of the following features in order to obtain a final building inspection:

Engineered and certified wood, which is harvested in a sustainable manner;

Tankless water heaters;

Cellulose attic insulation made from recycled materials;

Floor coverings made from recycled or sustainable materials.

Environmental Protection. Projects within the HR-SM zoning district shall comply with all applicable mitigation measures adopted in conjunction with the pre-zoning and annexation of the property to the city.

Hillside Design Standards. In deciding whether to approve a hillside development permit as required by this section and any subordinate land disturbance plan, erosion and sedimentation control plan, landscaping and restoration plan, architectural plan or exterior lighting plan, the director of planning shall certify that the plan complies with this section and the hillside design standards. Applicants are strongly advised to consider the hillside design standards in formulating the above-referenced plans.

Relief from Development Standards. Notwithstanding the specific requirements set forth in this section, relief from the development standards may be granted concurrently with the processing of a hillside development permit in accordance with the following procedure:

An applicant may file an application for relief from certain development standards with the planning department. The application shall be filed on forms and submitted with information as required by the department.

Applications for relief from development standards shall be submitted to the planning department and shall be accompanied by the submittal requirements of subsections F and G of this section, and the following:

Fees in accordance with the most recently adopted fee schedule;

In certain cases, the directors of planning, building and safety, or public works may require the project applicant to provide additional studies, including, but not limited to, geological studies and/or a visual analysis of the project design either through a project simulation using computer aided three-dimensional modeling coordinated with photography showing before and after conditions or a scaled three-dimensional model showing before and after conditions.

The planning commission may approve relief from the requirements of subsection G if:

The applicant demonstrates that the proposed alternative complies with and furthers the intent of this section;

The applicant demonstrates that the proposed alternative provides a design solution that is equivalent to or better than the standards prescribed in this section for quality, effectiveness, durability, and safety.

The relief from development standards shall be heard at a public hearing of the planning commission.

Conservation Required. Any project for which a hillside development permit is required by this section shall be designed to protect wildlife habitat areas, biological corridors, native plants and plant communities, and where practicable, support interconnected, contiguous, and integrated open space systems within an area, particularly when located contiguous to open space preserve areas. A hillside development permit shall be in compliance with the MSHCP.

Hillside Cluster Development Option.

The purpose of the hillside cluster development option is to provide:

Site planning and unity of design in harmony with the natural features and constraints of specific sites, and particularly on sites possessing unique or severe topographic or hydrologic features and biological resources;

Protection of natural, historic and man-made elements of scenic, environmental or cultural significance;

Design innovation;

Flexibility of siting of structures and roadways;

More cost effective development due to decreased grading and more efficient servicing of the development with utilities, roads and other essential services;

Additional open space for private or community purposes;

A preferred planning tool for the development of land within the HR-SM zone.

Definitions.

"Cluster open space"

means open space, either natural or functional, provided to compensate for lot size reductions from minimum lot size area requirements in the applicable zone.

"Public open space"

means open space owned by a public agency, such as the city of Temecula, or the Western Riverside County Regional Conservation Authority and maintained for scientific and biological values or in furtherance of the goals of the Western Riverside County Multi-Species Habitat Conservation Plan.

"Scope"

means the cluster development option is permitted in the HR-SM zoning district.

Planned Development Overlay Required. Proposed cluster developments must be processed pursuant to the requirements of the planned development overlay district as set forth in Chapter 17.22 of the development code.

Development Standards.

Minimum Site Area. None in the HR zoning district.

Overall Density. Greater than ten acres per dwelling unit in the HR zoning district.

Minimum Lot Area Per Dwelling Unit. No minimum lot size, as may be approved by the hillside development plan.

Minimum Setback Requirements. As may be approved by the hillside development plan.

Minimum Distance Between Buildings. As may be approved by the hillside development plan.

Utilities. Utilities shall be located within the development portion of the site wherever possible to reduce the future impact of maintenance and repair activities on cluster open space.

Excess cut and fill material shall be disposed of in accordance with Title 18 of the Temecula Municipal Code.

Roads. All streets and highways must have horizontal and vertical alignments consistent with an approved design speed, and roadway geometrics consistent with an approved design vehicle, as specified in the city of Temecula Road Design Manual.

Landscaping. In accordance with subsection (G)(4) of this section and Chapter 17.32 of the Temecula Municipal Code.

Exterior Lighting. Any exterior lighting shall conform to subsection (G)(6) of this section.

Environmental Protection. Cluster developments within the HR-SM district shall comply with all applicable mitigation measures adopted in conjunction with the pre-zoning annexation of the property to the city.

Open Space Requirements.

Cluster open space requirements: cluster open space shall be designed to save as much of the natural open space as feasible, but in no case shall the open space be less than ninety percent of the gross site area.

Cluster open space ownership and control shall be only:

As part of an individual, private lot with recorded open space covenants running with the land;

ii.

By the city of Temecula, as legally dedicated to and approved by the city council;

iii.

By the Western Riverside County Resource Conservation Authority;

iv.

By a qualified nonprofit conservation organization as deemed acceptable by the city.

Cluster open space shall not include public or private streets, driveways, parking areas, channelized drainage ways, and disturbed, unvegetated areas.

(Ord. 08-15 § 7; Ord. 10-05 § 7; Ord. 23-11, 11/28/2023)

§ 17.06.090 Objective design standards—Multifamily and mixed-use development.

Any housing development project that, pursuant to state law requires ministerial approval or streamlined review, or where the housing development project is subject to discretionary review, but a specific plan or a planned development overlay zoning district (PDO) does not otherwise set forth objective design standards applicable to the project shall comply with the Temecula Objective Design Standards for Multifamily and Mixed-Use Developments.

(Ord. 22-02 § 4; Ord. 23-11, 11/28/2023)

§ 17.06.100 Streamlined review.

The city shall conduct a streamlined review of projects that are eligible under Government Code Sections 65913.41 and 65912.100 et seq., or any other state mandated streamlined review.

(Ord. 23-11, 11/28/2023)

§ 17.06.110 Supportive housing.

Purpose. The purpose of this section is to allow supportive housing, as defined in Government Code Section 65582, consistent with state law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing.

Applicability and Standards.

Supportive housing shall be permitted by right in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all requirements of Government Code Section 65651(a).

If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.

Supportive housing shall comply with objective development standards and policies that apply to other multifamily development within the same zone. In the event of a conflict between the standards of this section and the standards of the underlying zone, the standards in this section shall apply.

Processing of Application. The following time frames apply to the processing of a supportive housing application, unless different time frames are set forth in Government Code Section 65653. The city shall notify the applicant whether the application is complete within thirty days of receipt of an application to develop supportive housing. The city shall complete its review of the application within sixty days after the application is complete for a project with fifty or fewer units, or within one hundred twenty days after the application is complete for a project with more than fifty units. If any of these timeframes are modified by state law, then state law shall govern.

(Ord. 23-11, 11/28/2023)

§ 17.06.120 SB 9 Two-unit development.

Purpose and Applicability. On condition that Government Code Section 65852.21 is not repealed, the purpose of this section is to allow and appropriately regulate SB 9 two-unit developments in accordance with Government Code Section 65852.21. If Government Code Section 65852.21 is repealed, then this Section 17.06.120 shall automatically become null and void. Development applications that do not satisfy the definition for a SB 9 two-unit development provided below in subsection B shall not be subject to this section.

Definitions. In addition to definitions contained in Chapter 17.34 (Definitions of Terms) and Chapter 16.54 (Definitions of Terms), the following definitions apply for the purposes of this section. Where a conflict may exist, the definitions in this section shall apply.

"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code Section 65852.2, as the same may be amended from time to time. 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.

"Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in Government Code Section 65852.22, as the same may be amended from time to time. A junior accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing, electrical, mechanical, and/or physical space set aside for cooking or meal preparation facilities, which may include space for a refrigerator, sink, wet bar, and/or dishwasher.

"Objective design standards" mean design standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

"Primary dwelling unit" or "Primary dwelling" for the purposes of this section, means the existing or proposed single-family dwelling on the lot where an ADU would be located. For the purposes of this section, a primary dwelling unit may include a duplex unit.

"SB 9" means a state law passed by the California state senate and approved by the Governor on September 16, 2021. SB 9 added Sections 65852.21 and 66411.7 to the Government Code.

"SB 9 two-unit development" means a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21. A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing primary unit.

"Substantial redevelopment" means when a development project proposes that an existing structure is either completely demolished or when more than twenty-five percent of any of the following is removed: (1) load bearing or structural walls, (2) roof or roof frame, or (3) foundation.

"Urban lot split" means a parcel map subdivision of a single-family residential parcel as permitted pursuant to SB 9 that creates no more than two parcels of approximately equal lot area.

General Requirements and Restrictions.

Short Term Rental Prohibited. Short term rental units are not permitted within the city of Temecula, per Table 17.06.030 Residential Districts. Any unit constructed under this section shall not be rented for less than thirty-one days.

Prohibited Development. A SB 9 two-unit development as described in this section shall be prohibited in the following locations and circumstances, pursuant to state law and as specified below:

Historic Resources. On a lot located within property located in the State Historic Resource Inventory, as defined in Section 5020.1 of the Public Resources Code, or on a lot identified in Table III-1, Historic Buildings and Structures Outside of Old Town as identified in the Old Town Specific Plan.

Prime Farmland or Farmland of Statewide Importance. On prime farmland or farmland of statewide importance, as defined pursuant to United State Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the State Department of Conservation.

Wetlands. In wetlands as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Deed Restrictions. On a lot with a recorded affordability covenant or any other form of rent or price control through a public entity's valid exercise of its police power.

High and Very High Fire Hazard Severity Zone. On a lot located within a Very High Fire Hazard Severity Zone as determined by the Department of Forestry and Fire Protection pursuant to Government Code section 51178, or within a High or Very High Fire Severity Zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Public Resources Code 4202. This exception does not apply to sites excluded from the specified hazard zones by the city pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. No variance, minor exception, or modification to any Fire Code requirements or high fire construction standards shall be permitted, without exception.

Tenant Housing. On a lot improved with a housing unit that has been occupied at any time by a tenant within the last three years.

Nonconforming Development. Single-family zoned lots already developed with two or more existing residential units, nonresidential units, or mixed-use, shall not use the provisions of this section to add residential units, or make any other alterations to the buildings or site otherwise prohibited by this title, unless the development complies with all of the standards of this section.

Hazardous Waste Site. On a hazardous waste site that is listed pursuant to Government Code Section 65962.5 or a hazardous waste site designated by the State Department of Toxic Substances Control pursuant to Health and Safety Code Section 25356, unless the State Department of Toxic Substances Control has cleared the site for residential use or residential mixed use, or the site is an underground storage tank site that received a uniform closure letter issued pursuant to Health and Safety Code Section 25295.10(g) based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses.

Fault Zone. In a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

Flood Zone. In a special flood hazard area subject to inundation by the one percent annual chance flood (one-hundred-year flood) as determined by the Federal Emergency Management Agency ("FEMA") in any official maps published by the Federal Emergency Management Agency, unless either of the following are met: (1) the site has been subject to a Letter of Map Revision prepared by the FEMA and issued to the city; or (2) the site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

Regulatory Floodway. Within a regulatory floodway as determined by the FEMA in any official maps published by the FEMA, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

Conserved Lands. On lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

Conservation easement. Lands under a conservation easement.

Protected Habitat. On any parcel identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

Substantial Redevelopment. A SB 9 two-unit development shall not include the substantial redevelopment of existing buildings, unless the replacement building conforms to current development standards in the zoning district, or the replacement of a nonconforming structure is reconstructed in the same location and with the same dimensions and floor area as the existing building.

Accessory Buildings Allowed. Residential accessory buildings, such as garages and sheds, may be permitted concurrently or after a SB 9 two-unit development, pursuant to Temecula Municipal Code Section 17.06.050(D), Accessory Structures and Uses. Accessory structures are required to comply with the lot coverage limitations specified in the properties zoning designation.

Unit Configuration and Quantity.

This section allows for the construction of up to four units maximum per eligible single-family zoned parcel. This maximum shall apply whether an urban lot split is proposed or not, including existing and proposed dwellings, in the following combinations:

Without Urban Lot Split - 4 units maximum per existing parcel:

Two primary dwellings and two ADU's; or

ii.

Two primary dwellings and one ADU and 1 JADU

With Urban Lot Split - two units maximum on each parcel (four maximum total):

Two primary dwellings per parcel;

ii.

One primary dwelling and one ADU per parcel;

iii.

One primary dwelling and one JADU;

iv.

One primary dwelling per parcel, or

One primary dwelling on one parcel and one vacant parcel.

The graphic below is a visual representation of the information above and is meant to serve as a guide only and is not an exclusive list of potential options of development.

Qualifying SB 9 Two-Unit Development. Qualifying SB 9 two-unit developments shall comply with the following:

Zoning Requirements. All development proposed under this title is limited to residentially zoned parcels which permit single-family residential development within the city.

Building Height. The height of residential units constructed under this section shall be limited as follows:

In no case shall any building height exceed the limit set in the applicable zoning district.

Windows. All upper story windows shall be:

Clerestory; or

Six-foot minimum sill height above finished floor; or

Constructed of opaque or frosted glass from the manufacturer, a window film or covering applied after manufacture does not satisfy this requirement.

Fencing. Fencing shall be compliant with Section 17.06.050(I), Fences, Hedges and Walls.

Floor Area Ratio and Lot Coverage.

The maximum Floor Area Ratio (FAR) and lot coverage shall be as specified by the applicable zoning regulations.

Grading. All grading activity shall be compliant with Chapter 18.06, Grading Permit, Application and Requirements.

Landscaping Requirements. All landscaping installed shall comply with Chapter 17.32, Water Efficient Landscape Design.

Roof Decks or Patios. No roof decks or patios at or above the eaves of a residence are permitted.

Lighting. All exterior lighting shall be fully shielded and facing downward to prevent light pollution on adjacent properties and shall be in compliance with Riverside County Ordinance No. 655 (Palomar Observatory Light Pollution Ordinance). No up lighting of any kind or intensity is permitted.

10.

Trees. Any proposed development shall comply with the requirements for Heritage Trees specified in Chapter 8.48, Heritage Tree Ordinance.

11.

Minimum Unit Size. The minimum living area of a dwelling unit constructed under this section shall be one hundred fifty square feet, subject to the restrictions specified in Health and Safety Code Section 17958.1.

12.

Maximum Unit Size. There is no maximum unit size for two primary dwelling units as required by SB9 except as limited by setbacks and lot coverage of the zoning district. Any other units beside the two Primary Dwelling Units shall be one thousand two hundred square feet maximum size. This shall not include enclosed parking spaces or private open space at the front or rear of the unit.

13.

Parking. Parking shall be provided as follows:

One off-street automobile parking space, covered or uncovered, is required for each unit within a SB 9 two-unit development.

No parking is required if the property is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code; or if there is a car share vehicle located within one block of the parcel.

Replacement Parking Required. When an existing garage, carport, or other covered parking structure is converted or demolished in order to construct a new unit, at least one replacement parking space, which may be covered or uncovered, must be provided for each unit, unless the project is exempt from replacement parking requirements pursuant to Government Code Section 65852.2.

Tandem Parking. Tandem parking spaces shall be allowed to meet the minimum parking requirements.

Bicycle Parking. If each residential unit does not have access to a fully enclosed automobile parking space inside a garage, one long-term bicycle parking space shall be provided for each unit.

Parking Location. Required parking must be on the same parcel as the residential unit which caused the required parking space to be constructed.

Parking and Driveway Dimensions. All driveways and parking proposed shall be in compliance with Section 17.24.050, Parking facility and layout and dimensions.

Paving Material. All paving materials shall be compliant with Section 18.15.120, Asphalt Concrete Pavement.

14.

Building Separation. No detached habitable building shall be closer than ten feet to any other habitable building on the same lot.

15.

Setbacks. SB 9 two-unit developments shall comply with the following setback requirements:

All residential structures in a SB 9 two-unit development shall comply with the front yard setback standards of the parcels zoning district as specified in Table 17.06.040, Development Standards - Residential Districts.

Interior side and rear yard setbacks shall be four feet minimum.

All accessory structures in a SB 9 two-unit development shall comply with the setback standards of the parcels zoning district as specified in Table 17.06.050(A) - Accessory Structures Setbacks.

Accessory structures are required to maintain a minimum six foot separation from other structures.

16.

Stormwater Management. The development must comply with the city's Stormwater Runoff requirements pursuant to Chapter 8.28, Stormwater and Urban Runoff Management and Discharge.

17.

Utilities. SB 9 two-unit developments shall be designed as individual units and shall have individual meters for utilities at each unit.

Prior to issuance of a building permit for the construction of a residential unit under this section, the applicant shall provide written verification from the water and wastewater utility provider(s) that adequate capacity is available.

All utility owned equipment shall be incorporated into the design of the site.

Privately owned equipment such as window, roof or other cooling/heating devices shall be screened from the public view, as seen from the public right-of-way.

18.

Onsite Wastewater Treatment Systems (OWTS). OWTS are systems that are sometimes commonly referred to as "septic systems," and all development under this section that proposes the use of OWTS shall comply with Riverside County requirements for OWTS as specified in Riverside County Municipal Code Chapter 8.124, Sewage Discharges. A percolation test shall be provided to the city at the time of application, to the satisfaction of the director of public works, if a new or expanded OWTS is proposed or required.

Design Review Standards.

Duplex. All duplex residential development shall comply with the city's objective design standards in accordance with Section 17.06.090.

Single-family residences. All single-family residences shall be subject to the following architectural design criteria, or any other adopted objective designs standards in effect at the time a complete application is submitted, as applicable to either new construction or exterior alterations, which shall be reviewed ministerially by the director of community development.

Roofing and siding materials that are shiny, mirror-like, or of a glossy metallic finish are prohibited.

Roof tiles shall match the materials and colors of the existing residential unit. If a vacant parcel is to be developed, the roof tiles shall match roof material and color.

If a garage is converted to a new residential unit, the garage door opening shall be replaced with exterior wall coverings, or residential windows and doors, to match the existing exterior garage wall covering to include paint and material color and detail.

Design Style. Additions or new construction shall comply with the following:

On a site already developed with an existing residential unit, the new unit shall be designed and constructed to match the existing paint color and exterior building materials, including, but not limited to, siding, windows, doors, roofing, light fixtures, hardware and railings.

ii.

If single-family residential development is proposed on a parcel where no residential units currently exist, the units shall be constructed using the same architectural style, exterior building materials, colors, and finishes

Development Impact Fees (DIF). Residential structures developed under this section shall be subject to DIF per city council Resolution No. 03-63, as may be amended from time to time

Denial. The building official may deny an application for an SB9 development project upon making both of the following findings in writing based upon a preponderance of evidence:

The proposal would have a specific, adverse impact upon the public health and safety or the physical environment as defined and determined in Government Code Section 65589.5(d)(2).

There is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Covenant. Prior to the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the chief planning official a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and acceptable to the city attorney, and that acknowledges each of the following:

That the proposed SB 9 two-unit development would not require or authorize demolition or alteration of any of the following types of housing:

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

Housing that has been occupied by a tenant in the last three years.

Rental terms of any unit created by the subdivision shall not be less than thirty-one consecutive days, nor shall rental terms allow termination of the tenancy prior to the expiration of at least on thirty-one-day period occupancy by the same tenant; and

The parcel is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the California Government Code, to withdraw accommodations from rent or lease within fifteen years before the date that the development proponent submits an application.

Deed Restrictions.

That the deed restriction is for the benefit of and is enforceable by the city;

That the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns;

That lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property;

That, if the city is required to bring legal action to enforce the deed restriction, then the city shall be entitled to its attorneys' fees and court costs; and

That the deed restriction may not be modified or terminated without the prior written consent of the chief planning official.

The standards in this section shall not be enforceable should they preclude the construction of up to two eight hundred square foot units on a single lot.

Sunset Clause. If SB 9 is repealed or otherwise rescinded by the California Legislature or by the People of the State of California, this section shall be repealed.

(Ord. 2023-14, 1/9/2024)