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.

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.

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.

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

Height. Accessory structures shall be one story maximum and 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.

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.

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.

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.

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:

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.

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.

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.

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.

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:

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.

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.

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:

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.

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.

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.

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;

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

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;

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

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

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

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.

Height.

Lot Area.

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.

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:

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

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

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.

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:

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

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

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

Definitions.

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.

Open Space Requirements.

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.

"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.

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:

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.

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:

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.

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:

Windows. All upper story windows shall be:

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

Floor Area Ratio and Lot Coverage.

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.

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

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.

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.

Parking. Parking shall be provided as follows:

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

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

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.

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

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.

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.

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.

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

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.