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)
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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)
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.
(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)
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.
(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)
A. 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:
1. 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.
2. 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.
3. 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.
B. Multifamily
Privacy Standards.
1. 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.
2. 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.
C. Access
to Buildings Shall be Maintained.
1. 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.
2. 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.
3. A
minimum of six feet of clear and open space shall be maintained between
permitted projections on main buildings.
D. Accessory
Structures and Uses.
1. Location.
Accessory structures shall be located only in rear and interior side
yards or within the allowable buildable area.
2. 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.
3. 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.
4. 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.
5. Coverage.
A maximum thirty percent building coverage shall apply within any
required yard area.
6. Flag
Poles. A maximum height of forty feet.
7. Antennas. Are subject to the provisions of Chapter
17.40.
8. 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).
|
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:
1. 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.
2. 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.
F. 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
|
---|
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.
|
G. 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.
H. 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:
1. Every
manufactured home shall stand on a permanent foundation.
2. 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.
3. 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.
4. Units
shall conform to all other development and use requirements applicable
to primary units in the district.
I. Fences,
Hedges and Walls.
1. 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.
2. 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.
3. 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.
J. Site
Visibility.
1. A
sight visibility area shall be provided at the intersection of all
streets.
2. 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:
a. Local street or alley: fifteen feet.
b. Collector or arterial: twenty-five feet.
K. 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:
1. Dilapidated,
deteriorating, or unrepaired structures, such as fences, roofs, doors,
walls, and windows;
2. Scrap
lumber, junk, trash or debris;
3. Abandoned,
discarded or unused objects or equipment, such as automobiles, automobiles
parts, furniture, stoves, refrigerators, cans, containers, or similar
items;
4. Stagnant
water or excavations, including pools or spas.
L. Religious
Institutions. Religious institutions are conditionally permitted in
all residential zoning districts. Religious institutions shall be
developed in the following manner:
1. The
facility shall comply with all land use regulations and site development
standards of the zoning district in which it is located.
2. The
facility shall be located on a general plan level roadway.
3. All
buildings shall have a minimum ten-foot setback from property lines
adjoining residential uses.
4. Recreational
facilities other than open fields shall have a minimum twenty-five
foot setback from property lines adjoining residential uses.
5. 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)
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)
A. 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:
1. The
enhancement of the physical character of the community and quality
of life through sound planning and coordinated development.
2. The
balancing of aesthetic design qualities with functional development.
3. 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.
4. The
enhancement and protection of property values and the adherence to
the goals and policies of the general plan.
5. The
stimulation of improvements and maintenance of surrounding properties,
thereby preventing and reversing the effects of urban blight.
6. 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.
B. 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:
1. Using
similar roof pitches and types;
2. Using
complementary or consistent materials and colors;
3. Designing
additions as an integral part of the building;
4. Maintaining
appropriate proportions of the existing building design; and
5. 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.
C. Single-Family
Detached Residential Developments.
1. 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:
a. Minimizing the extent to which a garage protrudes from other portions
of the house by placing a second story over the garage;
b. Varying the front yard setbacks from the garage and/or the house;
c. Developing the project with rear entry to the garages through an
alley or providing for side entry to the garage;
d. Varying garage door treatments with different design details or by
using a combination of single- and two-door garages;
e. 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
f. Providing for variations in lot in width, in front and side yard
setbacks, and vary the orientation of buildings.
2. 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.
3. 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.
4. 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.
D. Multifamily
or Attached Single-Family Residential Development. The following design
criteria shall apply to all new multifamily or attached single-family
residential projects.
1. 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.
2. Streetscape.
Use creative entry treatments and other architectural features such
as porches, balconies, shutters and dormers.
a. Use a variety of complementary colors and avoid the use of a single
dark color without contrast.
b. Use various window shapes and sizes with special details such as
multipaned or curved windows.
c. Develop a consistent design theme throughout the project through
the use of similar materials, colors, shapes, and forms and architectural
design details.
d. 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.
3. 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:
a. 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.
b. 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.
c. Use contrasting vertical and horizontal elements that help to break
the visual mass of the façade into small areas.
d. The bulk of the roof should be divided into smaller areas to reduce
the apparent scale of the building and provide visual interest.
4. 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.
(Ord. 95-16 § 2; Ord. 96-19 § 2(DD); Ord. 19-02 § 16; Ord. 22-02 § 6)
A. 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:
1. 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;
2. To
preserve the visual and aesthetic quality of hillsides as viewed from
the surrounding community;
3. To
promote and encourage a variety of high quality, alternative architectural
and energy efficient development designs and concepts appropriate
for hillside areas;
4. To
preserve the public health, safety, and welfare and specifically protect
the public and property from hazards such as seismic, geologic, and
fire.
B. 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.
C. 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 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.
D. Exemptions
from Hillside Development Permit. The following are exempt from the
provisions of this section:
1. 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;
2. Open
space projects and regional or community trails on city of Temecula
owned property;
3. City
or other governmental projects that receive approval by the city council
of the city of Temecula.
E. Environmental
Assessment Required. A hillside development permit processed under
this section shall be a "project" for purposes of the California Environmental
Quality Act.
F. 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:
1. 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;
2. A
grading plan, including a blasting permit, if necessary, subject to
the requirements of Title 18 of the Temecula Municipal Code;
3. 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;
4. 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;
5. Underground
utility plan;
6. A biological report for the site addressing the topics enumerated in subsection
J of this section;
7. A
cultural resources assessment prepared by a qualified archaeologist;
8. 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;
9. 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.
G. 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:
1. Height.
a. No dwelling, building or structure shall have more than two stories.
b. On a level building pad, the maximum height of a dwelling, building
or structure shall be thirty feet measured from the foundation.
c. 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.
2. Lot
Area.
a. The minimum lot size shall be ten acres in the HR-SM zone.
b. 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.
3. 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.
a. Areas situated within two hundred feet of a peak or ridgeline shall
not be disturbed.
b. Natural slopes having a twenty-five percent or greater grade shall
not be disturbed.
c. The horizontal distance between a natural or graded slope and a roof,
or portion thereof, shall not be less than twenty feet.
d. 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.
e. The maximum height of a graded slope, including required benching,
shall not exceed thirty feet.
f. 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.
g. 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
|
h. Land disturbance shall conform in all respects with the erosion and
sedimentation control plan approved by the director of planning or
public works.
4. 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.
5. Architecture.
Dwellings and accessory facilities shall conform in all respects with
the architectural plan approved by the planning commission.
6. 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:
a. Lights shall not be located on the portion(s) of the site that have
not been disturbed.
b. Lights shall not be located closer than ten feet from any property
line.
c. Lights shall be fully shielded and directed away from areas deemed
inappropriate by the director of planning.
d. Walls and other architectural elements shall not be lighted for decorative
purposes.
e. Tennis and other sport courts shall not be lighted for any purposes.
f. The maximum lighting intensity of the site shall not exceed two hundred
fifty lumens when measured at any property line.
7. Energy
Efficient Standards. Energy efficient standards shall be incorporated
during the construction and operational phase of any structure permitted
under this section:
a. 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.
b. All structures for human habitation shall incorporate sealed duct
systems.
c. All structures for shall incorporate fluorescent lighting where practical.
d. "Energy Star" appliances shall be installed in all structures where
applicable.
e. All structures for human habitation shall incorporate high-albedo
roofing.
f. All structures for human habitation shall incorporate dual paned
glass windows.
g. All residential structures shall incorporate at least two of the
following features to obtain a final building inspection:
i. 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;
v. 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.
8. Green
Building. All residential structures will be required to incorporate
one of the following features in order to obtain a final building
inspection:
a. Engineered and certified wood, which is harvested in a sustainable
manner;
c. Cellulose attic insulation made from recycled materials;
d. Floor coverings made from recycled or sustainable materials.
9. 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.
H. 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.
I. 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:
1. 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.
2. 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:
a. Fees in accordance with the most recently adopted fee schedule;
b. 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.
3. The planning commission may approve relief from the requirements of subsection
G if:
a. The applicant demonstrates that the proposed alternative complies
with and furthers the intent of this section;
b. 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.
4. The
relief from development standards shall be heard at a public hearing
of the planning commission.
J. 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.
K. Hillside
Cluster Development Option.
1. The
purpose of the hillside cluster development option is to provide:
a. 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;
b. Protection of natural, historic and man-made elements of scenic,
environmental or cultural significance;
d. Flexibility of siting of structures and roadways;
e. More cost effective development due to decreased grading and more
efficient servicing of the development with utilities, roads and other
essential services;
f. Additional open space for private or community purposes;
g. A preferred planning tool for the development of land within the
HR-SM zone.
2. 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.
3. 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.
4. Development
Standards.
a. Minimum Site Area. None in the HR zoning district.
b. Overall Density. Greater than ten acres per dwelling unit in the
HR zoning district.
c. Minimum Lot Area Per Dwelling Unit. No minimum lot size, as may be
approved by the hillside development plan.
d. Minimum Setback Requirements. As may be approved by the hillside
development plan.
e. Minimum Distance Between Buildings. As may be approved by the hillside
development plan.
f. 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.
g. Excess cut and fill material shall be disposed of in accordance with
Title 18 of the Temecula Municipal Code.
h. 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.
i. Landscaping. In accordance with subsection (G)(4) of this section and Chapter
17.32 of the Temecula Municipal Code.
j. Exterior Lighting. Any exterior lighting shall conform to subsection
(G)(6) of this section.
k. 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.
5. Open
Space Requirements.
a. 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.
b. Cluster open space ownership and control shall be only:
i. 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.
c. 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)
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)
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)