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A. Design Issues. Hotels and motels are quasi-residential uses and should be designed and sited to minimize the effect of noise from Murrieta's two freeways. Although they are quasi-residential, the scale of, and activities associated with hotels and motels often make them problematic neighbors for adjacent residential properties. If a residential interface cannot be avoided, it should be carefully designed to mitigate any potential adverse impacts on existing or future adjacent residents. Because hotel and motel architecture is often thematic, presenting a strong temptation to over design the building's front and to neglect the other sides, it is important to remember that all sides of a building require consistent architectural treatment.
B. Site Planning.
1. The primary presence along the major street frontage shall be the building and driveway approach, not the parking lot.
2. Only a few (no more than five) short term parking spaces shall be provided near the office for check-ins.
3. Exterior corridors on multi-level buildings are strongly discouraged and shall not be located adjacent to residential uses.
4. Delivery and loading areas shall not be located where visible from residential uses.
5. Mechanical equipment of all types, including swimming pool equipment, shall be located to assure that it cannot be heard at any residential property line.
6. Recreational facilities (e.g.. as swimming pools) shall be located where guests can use them in some privacy; they shall not be exposed to public streets to function as advertising.
7. Avoid locating driveway, garage ramps or loading and service areas where they interfere with the flow of pedestrian movement or impact the privacy of guest rooms.
8. Utilize parking lots and other open spaces on the site to help buffer the hotel/motel from any adjacent in-compatible uses.
C. Building Design.
1. Noise attenuation techniques shall be included in the design of buildings near major noise generators, (e.g., major streets, freeway). Techniques may include: double paned glass, earthberms, thick tree groves over thirty (30) feet in depth or lowering the grade of the subject building below the roadway elevation. Solid masonry walls over five feet high are not desirable in Murrieta.
2. The scale of buildings shall be related to the surrounding development patterns.
3. Walkway. stairway, and balcony railings and other similar details shall be visually substantial (handrails with a thickness exceeding two and one-half (2½) inches and balusters over two inches thick) and stylistically consistent with the basic building design.
4. Air conditioning units shall not be visible from public streets. Structures over three stories shall avoid exterior exposed air-conditioning units for each room.
5. Guest rooms shall be accessible from hallways within the hotel, not exterior balconies. Avoid room en-trances directly adjacent to parking lots or exterior walkways.
FIGURE 3-15
(Ord. 182 § 2 (part), 1997)
A. Design Issues. For the purpose of this section multiple or mixed use projects are defined as developments that combine both commercial/office and residential uses or structures on a single lot, or as components of a single development. The uses may be combined either vertically within the same structure, or spread horizon-tally on the site in different areas and structures.
The primary design issue related to mixed use projects is the need to successfully balance the requirements of residential uses. (e.g., the need for privacy and security) with the needs of commercial uses for access, visibility, parking, loading, and possibly extended hours of operation.
B. Site Planning.
1. Mixed use projects that provide commercial space on the ground floor with residential units above are encouraged over projects that provide commercial structures on the front portion of the lot with residential uses placed at the rear of the lot. This latter configuration does not meet the intent of a true mixed use project which incorporates vertical integration of uses.
However, a horizontal separation (commercial to the front, residential to the rear) of uses may be appropriate depending on the size of the site and available access.
2. Separate site access drive and parking facilities shall be provided for residential uses and commercial uses in compliance with Chapter 16.34 (Off-street Parking and Loading).
3. If enclosed parking is provided for the entire complex, separate levels shall be provided for residential and commercial uses with separate building entrances.
4. Site access drives shall incorporate distinctive architectural elements and landscape features which help to differentiate access to commercial parking areas from residential areas. Security gates shall be considered for access to residential uses and residential parking areas, as well as to securing commercial parking areas when businesses are closed.
5. When a mixed use project is designed as separate structures on a lot with the commercial uses along the street and residential uses at the rear, a decorative masonry wall with security gates shall separate the uses.
6. Loading areas and refuse storage facilities shall be located as far as possible from residential units and shall be completely screened from view from adjacent residential portions of the project. The location and design of trash enclosures shall account for potential nuisances from odors.
7. Parking lot lighting and security lighting for the commercial uses shall be appropriately shielded so as not to spill over into the residential area. Residential units shall also be shielded from illuminated commercial signing.
8. Open space intended for use by `"residents only"" may not be accessible from commercial areas. Open space and courtyards in commercial areas may be accessible to residential occupants and visitors.
9. When residential and commercial uses are provided in the same structure, separate entrances shall be provided for each use.
C. Building Design.
1. The architectural style and use of materials shall be consistent throughout the entire project. Differences in materials and/or architectural details should only occur on a structure where the intent is to differentiate between the residential scale and character of the structure and the commercial scale and character.
2. The design of storefronts shall be consistent with the design guidelines for commercial development. The residential portion of a mixed use structure shall be consistent with the design guidelines for multi-family residential development.
3. Projects three stories or less in height shall incorporate full roofs on at least fifty (50) percent of the roof area.
4. Structures with heights greater than three stories shall set back upper portions of the structure a minimum of ten feet for each additioual two stories.
5 . All roof mounted equipment shall be screened in compliance with Section 16.18.120 (Screening and Buffering). Special consideration should be given to the location and screening of noise generating equipment (e.g., refrigeration units, air conditioning, and exhaust fans). Noise reducing screens and insulation may be required where equipment has the potential to impact residential uses.
(Ord. 182 § 2 (part), 1997)
A. Design Issues. While office buildings are found on every kind of commercial street, they have functional characteristics that result in physical forms different from other commercial development: intensity of use is lower; buildings are typically 'live' on all four sides; office activities are not limited to the first floor; building perimeters have fewer entries and no display windows and thus have more opportunity for landscaping. Because their use patterns differ significantly from retail commercial, there is more opportunity to site office buildings up toward the street with parking behind. This arrangement is strongly encouraged even where the pattern is not an established one.
B. Site Planning.
1 . Buildings shall be placed at the minimum required front setback. Alternate solutions may be considered that are determined to provide a superior solution to protecting neighboring sensitive land uses or orienting the building toward a freeway frontage to enhance the community image.
2. Multi-story building shall not be placed adjacent to the private open space areas of residential uses. First floor may be adjacent to setback; second and third floors shall be setback an additional foot for each additional foot in height.
3. Office buildings should have the primary entry from the public street with secondary entries from any onsite pedestrian paths or parking areas.
C. Building Design.
1 . Large or long unadorned wall planes shall be avoided. As a general standard, building surfaces over two stories high or fifty (50) feet in length will need to be relieved with a change of vertical and horizontal wall plane that provides strong shadow and visual interest.
2. Clear glass shall be used for ground floor windows where pedestrian traffic is high and there is any potential for retail, food service of other service occupancy.
3. Building entries shall be protected from inclement weather and should afford a 'sense of entry' for the structure.
(Ord. 337 § 2, 2005; Ord. 182 § 2 (part). 1997)
A. Definitions.
1. Electric Vehicle (EV). An automotive-type of vehicle for on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles and the like, primarily powered by an electric motor that draws from a rechargeable storage battery, fuel cell, photovoltaic array or other source of electric current.
2. EV Capable Space. A vehicle space with electrical panel space and load capacity to support a branch circuit and necessary raceways, both underground and/or surface mounted, to support EV charging.
3. EV Ready Space. A vehicle space which is provided with a branch circuit; any necessary raceways, both underground and/or surface mounted; to accommodate EV charging, terminating in a receptacle or a charger.
4. Level 2 EV Supply Equipment (EVSE). The 208/240 Volt 40-ampere branch circuit, and the electric vehicle charging connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatus installed specifically for the purpose of transferring energy between the premises and the electric vehicle.
B. Standards.
1. A parking space served by EVSE shall count as at least one standard automobile parking space for the purpose of complying with any applicable minimum parking space requirements as established by the City.
2. An accessible parking space with an access aisle served by EVSE shall count as at least two standard automobile parking spaces for the purpose of complying with any applicable minimum parking space requirements as established by the City.
3. EV Ready and EVSE spaces must be identified by signage or pavement markings that comply with Caltrans requirements.
4. The number of EV Capable spaces and EV Ready spaces will comply with California Green Building Standards Code.
C. Requirements per Development Type.
TABLE 16.44.115-1 ELECTRIC VEHICLE PARKING REQUIREMENTS AT A LOCATION | |
Occupancy Type | EVSE Parking Requirement (round up to nearest parking space) |
One- and Two-Family Homes, Multi-Family Dwellings with Private Garages | Installation of one Level 2 or greater EVSE per enclosed garage |
Multi-Family Dwellings without Private Garages, Hotels and Motels | Install Level 2 EVSE for 6% of total parking spaces required |
Non-Residential Development | Install Level 2 EVSE for 4% of total parking spaces less than 200 parking spaces. Install Level 2 EVSE for 5% of total parking spaces for 200 or greater parking spaces. |
(Ord. 598-23 § 2, 2023; Ord. 566 § 15, 2020)
This section provides development and operational standards for outdoor uses. including temporary outdoor display and sales (subsection A below), permanent outdoor display and sales (subsection B below) and outdoor dining and seating areas (subsection C below).
A. Temporary Outdoor Displays and Sales. Temporary outdoor displays and sales may be allowed subject to the approval of a temporary use permit, (I 6.70) in compliance with, but not limited to, the following standards:
1. Fixed Period of Time. Provision for a fixed period of time as specified by the permit, or where not specified, not to exceed one hundred eighty (180) days for a temporary event;
2. Nuisance Factors. Regulation of nuisance factors including, but not limited to, prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise. odors, smoke, waste and vibration;
3. Operating Hours. Regulation of operating hours and days, including limitation of the duration of the temporary event, as identified in subsection (A)(1) above;
4. Parking. Provision for adequate temporary parking facilities, pedestrian and vehicular circulation, including vehicular ingress and egress and public transportation. if applicable, in compliance with Chapter 16.34 (Off-street Parking and Loading Standards);
5. Performance Bond. Submission of a performance bond or other surety measures, satisfactory to the di-rector. to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event, the property will be cleaned of debris, litter or any other evidence of the temporary event upon completion or removal of the event, restored to the former condition and shall continue to be used in compliance with this development code;
6. Sanitary and Medical Facilities. Provision for sanitary and medical facilities, as appropriate:
7. Security. Provision for security and safety measures, if applicable;
8. Setbacks. Appropriate setbacks shall be maintained to ensure adequate separation from adjacent land uses and a safe environment for pedestrians and vehicles;
9. Signs. Regulation of signs. in compliance with Chapter 16.38 (Signs):
10. Temporary Structures. Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces. including buffer areas and other yards;
11. Waste Collection and Disposal. Provision for solid, hazardous and toxic waste collection, recycling and/or disposal;
12. Other Conditions. Any other conditions which will ensure the operation of the proposed temporary event in an orderly and efficient manner and in full compliance with the purpose/intent of this section.
B. Permanent Outdoor Displays and Sales. The permanent outdoor display/sale of merchandise shall comply with the following standards and shall be subject to the approval of a minor conditional use permit in compliance with Chapter 16.52.
1. Height of Displayed Materials. The outdoor display of merchandise shall not exceed a height of twelve (12) feet above finish grade. Heights greater than twelve (12) feet may be allowed subject to the approval of the director.
2. Location. Outdoor sales areas shall be located entirely on private property. Outdoor sales areas shall not encroach into required setback areas. In zoning districts where no setback area is required. the outdoor sales area shall be set back a minimum of ten feet from adjacent property line(s) unless otherwise allowed by the director.
3. Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and de-fined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon driveways, landscaped areas, parking spaces or pedestrian walkways. Displays shall not obstruct traffic safety sight areas or otherwise create hazards for vehicle or pedestrian traffic:
4. Relationship to Main Use. The outdoor display and sales area shall be directly related to a business occupying a permanent structure on the subject parcel; and
5. Signs. Additional signs, beyond those normally allowed for the subject use. shall not be provided as a result of the outdoor display and sales area.
C. Outdoor Dining and Seating Areas. Outdoor dining and seating areas are allowed subject to the Outdoor Seating Design Guidelines on file in the Planning Department offices at City Hall. The application review processes shall be as shown in the table below:
Review Process | Circumstances |
Staff Approved Development Plan | No more than 8 seats; complies with the Development Code and the Outdoor Seating Design Guidelines |
Director Approved Development Plan per Chapter 16.56 | More than 8 seats and/or will share seating with multiple businesses; complies with the Development Code and the Outdoor Seating Design Guidelines |
Minor Conditional Use Permit per Chapter 16.52 | More than 8 seats and/or will share seating with multiple businesses; and 1. Does not comply with the Outdoor Seating Design Guidelines; 2. Significantly intensifies a use; or 3. Changes the exterior of the building |
1. Public Property. Outdoor seating is prohibited on public property.
2. Physical Separation Required. When outdoor restaurant seating is directly abutting public property or right-of-way, a physical separation shall be in place along the boundary. The separation shall be in the form of an approved fence and/or landscaped planter(s) with a minimum height of three (3) feet, but no higher than four (4) feet.
3. Alcoholic Beverage Service. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control. In addition, any perimeter fence and/or landscaped planter(s) shall be designed to clearly restrict alcohol from being taken outside the restaurant seating area.
4. Perimeter Barrier Design Compatibility. The physical design of the fence and/or landscaped planter(s) shall be compatible with the design of the building housing the dining use.
5. Pedestrian and Handicapped Accessibility. Outdoor seating shall comply with standards for pedestrian circulation and handicapped access.
6. Parking Requirements. Outdoor dining and seating areas with eight (8) or fewer seats shall not be required to provide additional off-street parking. Outdoor seating areas with more than eight (8) seats shall comply with the requirements for off-street parking in Chapter 16.34 of the Development Code. The Director may adjust the parking requirements for outdoor seating areas with twenty (20) or fewer seats when the seating is operated on a seasonal basis.
7. Common Outdoor Seating Areas. Outdoor seating areas that are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas unless they exceed four (4) seats per restaurant.
8. Design Compatibility. To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall apply:
a. Compatible Elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the primary structure(s) on the premises. No advertising or business identification signs shall be part of an outdoor seating area;
b. Entertainment. Outdoor dining and seating areas that provide dancing, amplified music or entertainment shall require the preparation of a noise analysis and will be required to comply with noise mitigation measures;
c. Sensitive Receptors. Outdoor dining and seating areas and their relation to churches, hospitals, public schools, and residential uses shall be considered by the review authority. Mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise;
d. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow or necessitate the removal of existing pedestrian or vehicular movement areas;
e. Separation Requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of two hundred (200) feet, except in mixed-use projects; or when the Director determines that an adequate physical barrier (e.g., street or building) is present to mitigate potentially adverse effects;
f. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five (5) feet from property lines and parking lots; and
g. Waste Receptacles. Waste receptacles shall be provided in outdoor seating areas.
9. Maintenance. All outdoor seating areas shall be kept in good condition, both aesthetically and structurally.
(Ord. 412 § 4, 2008; Ord. 182 § 2 (part), 1997)
This section establishes standards for the location. screening, and operation of outdoor storage areas.
A. Outdoor Storage Areas. Where allowed by Article 1I (Zoning Districts and Allowable Land Uses), outdoor storage areas shall be entirely enclosed and screened by a solid fence or wall a minimum of six feet in height in conjunction with landscape screening.
B. Review and Approval Required. Any use proposing outdoor storage or other outdoor business activities shall require a minor conditional use permit pursuant to Chapter 16.52 (Conditional Use Permits) of this title.
(Ord. 430-10 § 5, 2010; Ord. 182 §2 (part), 1997)
This section establishes standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities.
A. Permit Requirements. Recycling facilities are subject to permit review/approval in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.
B. Development and Operating Standards. Recycling facilities shall comply with the following standards:
1. Reverse vending Machines. Reverse vending machine(s) shall be allowed in all commercial and manufacturing zoning districts, subject to compliance with the following standards:
a. Machines shall be installed as an accessory use in compliance with the applicable provisions of this development code, and shall not require additional parking;
b. If located inside of a structure, shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation;
c. If located outside of a structure, shall not occupy required parking spaces, and shall be constructed of durable waterproof and rustproof material(s);
d. Shall not exceed fifty (50) square feet for each installation, including ally protective enclosure, nor eight feet in height;
e. Shall have a maximum sign area of four square feet for each machine, exclusive of operating instructions;
f. Shall have operating hours which are consistent with the operating hours of the main use; and
g. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn, in compliance with Section 16.18.100 (Lighting).
2. Small Collection Facilities. Small collection facilities are allowed only in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.
a. Shall not exceed an area of five hundred (500) square feet nor five parking spaces, not including space that will be periodically needed for the removal of materials or exchange of containers;
b. Shall be set back at least fifteen feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;
c. Shall accept only glass, metal or plastic containers, paper, and reusable items;
d. Shall not use power-driven processing equipment except for reverse vending machines;
e. Shall use containers that are constructed with durable waterproof and rustproof material(s), secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;
f. Shall not be located within fifty (50) feet of any parcel zoned or occupied for residential use;
g. Collection containers and site fencing shall be of a color and design to be compatible and harmonious with the surrounding uses and neighborhood;
h. Signs may be provided as follows:
1) Recycling facilities may have identification signs with a maximum area of fifteen (15) percent for each side of the structure or twelve (12) square feet, whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;
2) Signs shall be both compatible and harmonious with the character of their location; and
3) Directional signs, consistent with Chapter 16.38 (Signs) and without advertising message, may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
i. The facility shall not impair the landscaping required by Chapter 16.28 (Landscaping) for any concurrent use allowed by this development code;
j. Additional parking spaces shall not be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;
k. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present;
1. Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site; and
m. Shall be subject to landscaping and/or screening as determined through development review.
3. Large Collection Facilities. A collection facility that is larger than five hundred (500) square feet, or on a separate parcel not accessory to a main use, is allowed in the industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) provided the following standards are met.
a. The facility shall not abut a parcel zoned or occupied for residential use;
b. The facility shall be screened from public rights-of-way, by solid masonry walls or located within an enclosed structure;
c. Structure setbacks and landscaping shall be provided as required for the zoning district;
d. Exterior storage of material shall be in sturdy containers that are secured and maintained in good condition. Storage, excluding truck trailers, shall not be visible above the height of the required screen walls;
e. The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis;
f. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of materials; and
g. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
4. Processing Facilities. Processing facilities are allowed in the industrial zoning district subject to a conditional use permit and compliance with the following standards:
a. The facility shall not abut a parcel zoned or occupied for residential use;
b. Light processing facilities are limited to baling, briquetting, compacting, crushing, grinding, shred-ding, and sorting of source-separated recyclable materials and repairing of reusable materials;
c. A light processing facility shall not exceed forty-five thousand (45,000) square feet, may have up to an average of two outbound truck shipments of material each day, and shall not bale, compact, or shred ferrous metals other than beverage and food containers.
A heavy processor may exceed forty-five thousand (45,000) square feet and two outbound truck shipments each day, and may perform those functions not allowed at light processing facilities;
d. Exterior storage of material shall be in sturdy containers or enclosures that are maintained and se-cured in good condition. Outdoor storage shall be from public rights-of-way by solid masonry walls. Storage, excluding truck trailers, shall not be visible above the height of the required screen or walls;
e. Containers provided for "after hours" donation of recyclable materials shall be permanently located at least one hundred (100) feet from any residential zoning district, constructed of sturdy, rustproof material(s), have sufficient capacity to accommodate materials collected, and be secured from unauthorized entry or removal of the materials; and
f. Dust, fumes, odor, smoke or vibration, above ambient levels, shall not be detectable on adjoining parcels.
5. Time Limits. Uses approved in compliance with this section shall have a maximum term established by the permit approval process. Before permit renewal, the director shall consider the permittee' s history of compliance with the established conditions of approval, as well as all applicable provisions of this development code.
C. General Standards. Recycling facilities shall comply with the following standards:
1. Signs. Facilities shall be provided with identification and informational signs that meet the standards of the applicable zoning district:
a. Collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that discarded material shall not be left outside of the recycling enclosure or machine; and
b. The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.
c. Additional identification and directional signs without an advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.
2. Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of nonrecyclable and nonhazardous waste materials.
(Ord. 538, Exhibit A (part), 2018; Ord. 392 § 3, 2007; Ord. 182 § 2 (part), 1997)
This section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel. Residential accessory uses include any use that is customarily related to a residence, including, but not limited to, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas and workshops. Accessory structures must obtain development plan approval pursuant to Chapter 16.56 (Development Plan Permits) of this title if a new accessory structure or addition results in an increase of more than one thousand (1,000) square feet, unless otherwise identified in this Section. Accessory dwelling units (ADUs) are separately defined by state law from residential accessory uses and structures. Please see Section 16.44.160 (Accessory Dwelling Units) for definitions, criteria, and processing requirements.
A. General Requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.
1. Relationship of Accessory Use to the Main Use. Accessory uses and structures shall be incidental to and not alter the residential character of the site.
2. Attached Structures. An accessory structure that is attached to a main structure shall be architecturally compatible with, and made structurally a part of the main structure (e.g., share a common wall with the main structure). It shall also comply with the requirements of this development code applicable to the main structure, including but not limited to setbacks, heights, and lot coverage, unless a minor variance is approved. For accessory structures that propose an ADU component, please refer to Section 16.44.160 and Government Code 65852.2 for criteria with respect to the ADU components of the structure.
3. Detached Structures:
a. Coverage. The floor area of a single detached accessory structure shall not exceed one thousand (1,000) square feet, nor shall the sum of the floor area(s) of the total number of detached accessory structures exceed 40 percent, of the required rear yard of the parcel. A covered patio or barbecue area shall not be construed as an accessory structure for purpose of calculating floor area.
b. Design. Detached accessory structures shall be compatible with the materials and architecture of the main dwelling(s) on the property whenever feasible. For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.2 for the exterior design criteria.
d. Height. The maximum height of an accessory structure shall be in compliance with the height restriction for the zone, and shall not be greater than the height of the primary residence on the lot. An accessory structure proposing an ADU component shall be permitted to exceed the height of the primary residence for the portion of accessory structure containing and for accessing the ADU.
B. Antennas. Antennas are subject to the provisions of Section 16.44.170 (Telecommunications Facilities).
C. Garages. A detached accessory garage shall not be greater than one thousand (1,000) square feet or fifty (50) percent of the square footage of the main dwelling unit, whichever is less, or two thousand (2,000) square feet or fifty (50) percent of the square footage of the main dwelling unit in rural residential zones, whichever is greater. Size deviation may be authorized pursuant to section 16.56.020 (A).
D. Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet for each dwelling unit or ten percent of the parcel, whichever is less.
E. Guest Living Quarters. Guest living quarters can be attached or detached for temporary use by guests or family members of the primary residence. Guest living quarters do not include a kitchen or wet-bar and may occupy up to 500 square feet and include restroom facilities.
F. Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
1. Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their guests; and
2. Fencing. The swimming pool shall be secured by fencing and/or walls to prevent uncontrolled access by children, in compliance with the building code.
3. Setbacks. Swimming pool/spa shall maintain the required setback which is measured from water edge to property line for in-ground pool/spa and from the outside edge of the structure to property line for above ground pool/spa, and other above-ground structures such as slides, pool grottos, waterfalls, etc.
G. Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following provisions:
2. Lighting. Court lighting shall not exceed a maximum height of twenty (20) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, and shall not illuminate adjacent property, in compliance with Section 16.18.100 (Lighting).
H. Workshops and Studios. Accessory structures intended for engaging in artwork, crafts, light hand manufacturing, mechanical work, etc. are subject to the following standards when located in a residential zoning district:
1. Limitation on Use: An accessory structure may be constructed or used as a studio or workshop in any residential zoning district for the following noncommercial activities:
a. Amusements or hobbies;
b. Artistic endeavors (e.g., painting, photography or sculpture);
c. Maintenance of the main structure or yards;
d. Maintenance or mechanical work on vehicles owned or operated by the occupants; or
e. Other similar purposes. Use of an accessory workshop for commercial activity shall be subject to the standards for home occupations, in compliance with Chapter 16.60; and
2. Floor Area. A workshop shall not occupy an area larger than one thousand (1,000) square feet, except where a workshop is combined with a garage. In this case subsection C (Garages), above, shall apply.
I. Rooming and Boarding House. A rooming and boarding house (including sober living homes), as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards (Short-Term Vacation Rentals that are regulated separately fall outside of this criteria. See, Chapter 5.27 (Short-Term Vacation Rentals) of the Murrieta Municipal Code for further criteria on these uses):
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a rooming and boarding house or sober living home shall include the following information:
a. Any proposed restrictions or limitations on the resident profile, such as men only, women only, families with children, elderly or special needs;
b. The number of rooms to be used for sleeping purposes, and the maximum number of residents including on-site management staff, if any; and
c. Any proposed limitations on the maximum stay for each resident.
2. Site Location Criteria. In evaluating a proposed rooming and boarding house or sober living home the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses;
b. Whether the use will result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. The proximity of the use to shopping and services, and access to public transportation; and
d. To avoid an over-concentration of rooming and boarding houses and sober living homes, there shall be a minimum separation requirement of five hundred (500) feet, measured from the nearest outside building walls, between the subject use and any other rooming and boarding home or other group housing as defined in this title or in state law.
3. Development Standards. Any rooming and boarding house or sober living home shall comply with the following:
a. Structures and landscaping shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site;
d. All setback standards of the underlying zone shall be met; and
e. Signs as permitted in Chapter 16.38.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities. Upon the expiration of any conditional use permit, an existing rooming and boarding house or sober living home must comply with the requirements of this Section 16.44.150.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants or residents, or any modifications to the conditions of approval pursuant to the required conditional use permit, shall require the immediate submittal of a request for revision of the required conditional use permit.
J. Parolee-Probationer Home. A parolee-probationer home, as defined in Chapter 16.110 of this title, may be established only upon approval of a conditional use permit for six (6) or fewer occupants, and shall be prohibited for more than six (6) occupants subject to the following standards.
1. Filing Requirements. In addition to the regular application information, the application for a conditional use permit for a parolee-probationer home shall include the following information:
a. Client profile (the subgroup of the population the facility is intended to serve);
b. Maximum number of occupants, including support staff;
c. Proposed maximum stay for each parolee-probationer;
d. A description of support services to be provided on-site and projected staffing level, if any;
e. Site plan and floor plans; and
f. Rules of conduct and business management plan.
2. Site Location Criteria. In evaluating a proposed parolee-probationer home, the following criteria shall be considered:
a. Compatibility of the proposed use with neighboring uses;
b. Whether establishment of the facility will not result in harm to the health, safety or general welfare of the surrounding neighborhood, and substantial adverse impacts on adjoining properties or land uses will not result;
c. Facility shall be located along or near a collector or arterial street with reasonable access to public transportation;
d. Facility shall be accessible to necessary support services;
e. To avoid an over-concentration of parolee-probationer homes, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other parolee-probationer home or other group housing as defined in this title or in state law;
f. To avoid an over-concentration of group housing facilities, there shall be a one thousand (1,000) foot separation requirement as measured from the nearest outside building walls between the subject use and any other group housing as defined in this title or state law; and
g. That parolee-probationer homes shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth (12th) grade), student housing, senior housing, child care facilities, public parks and trails, or businesses licensed for on- or off-site sales of alcoholic beverages, as measured from any point on the outside walls of the parolee-probationer home to the nearest property line of the noted use.
3. Development Standards. Any parolee-probationer home shall comply with the following:
a. Facility shall be compatible with the character of the surrounding neighborhood;
b. Sufficient on-site parking shall be provided (the precise number of parking spaces required will be determined by the approving authority based on the operating characteristics of the specific proposal);
c. Both indoor and outdoor open areas shall be provided on site;
d. All setback standards of the underlying zone shall be met;
e. Signs as permitted in Chapter 16.38;
f. On-site staff supervision shall be required for parolee-probationer homes during all hours of operation;
g. Individual client stays at parolee-probationer homes shall not exceed one hundred eighty (180) days; and
h. The facility’s management shall participate in any formal residential crime prevention program (i.e., Crime Free Multi-Housing Program) provided by the city and as required under the conditional use permit and, if the program offers certification, then that certification shall be obtained and maintained in current status.
4. Notification. Notification of the conditional use permit public hearing shall be done in accordance with Chapter 16.52 of this title.
5. Existing Facilities.
a. Upon the expiration of any conditional use permit, an existing parolee-probationer home must comply with the requirements of this Section 16.44.150.J.
b. An existing parolee-probationer home established pursuant to any conditional use permit discontinued for any period of time, excluding a maximum thirty- (30-) day closure required to perform necessary repair or restoration which does not increase the square footage of the residence, is deemed abandoned and any subsequent establishment of a parolee-probationer home on the premises shall be required to first obtain a new conditional use permit.
6. Changes to Operation. Any change in operating conditions from what was originally approved and imposed by the city, including, but not limited to, the number of occupants, residents or parolees-probationers, or modifications to the conditions of approval pursuant to the required conditional use permit shall require the immediate submittal of a request for revision of the required conditional use permit.
K. Cargo Containers As An Accessory Structure. The purpose of this section is to allow cargo containers to be placed on private property in a permanent manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate residential neighborhood and will not become a nuisance to the community.
1. Permanent use.
a. It shall be limited to one (1) cargo container for parcels between one (1) and two (2) acres. One (1) additional container may be proposed for parcels greater than two (2) acres.
b. The permanent placement of a cargo container shall be limited to the Rural Residential (RR) and Estate Residential 1 (ER-1) zones that are greater than one (1) acre or more.
c. The approval shall be specific to a location and shall not be transferable to other locations or property.
d. It shall meet all requirements as set forth in the California Building and Fire Code(s).
e. It shall be limited to a “storage occupancy” as categorized under the California Building and Fire Code(s).
f. It shall be accessory to the primary use of the property for the storage of nonflammable, noncombustible, nonhazardous materials and supplies.
g. The cargo container shall be modified in such a manner to match the main residential structure in terms of exterior colors, trim, and roofing style. On larger parcels, over two (2) acres or more, the modifications shall be limited to the paint color of the exterior in terms of matching the main residential structure.
h. Structure setbacks shall be provided as noted in Table 16.44.150-1.
i. It shall comply with and height and lot coverage thresholds as defined within Rural Residential (RR) and the Estate Residential 1 (ER-1) zones.
j. Landscape screening methods shall be provided on-site for the portions of the container visible from the public right-of-way to the satisfaction of the Development Services Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
Single-family Homes | ||
Accessory Structure | Type of Setback1 | Required Setback2 |
Single-family Homes | ||
Accessory Structure | Type of Setback1 | Required Setback2 |
Garage, gazebo, greenhouse, patio cover, storage shed, workshop (more than one hundred twenty (120) square feet) | Side and rear | Five feet; unless adjacent to a public street when the setback shall be ten feet |
Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 | Sides and rear | Three feet to the furthest projection |
Swimming pool, spa, fish pond, outdoor play equipment4 | Sides and rear | Five feet |
Stationary barbecue, fire pit, propane tank | Front, sides and rear | Ten feet Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum distance required to comply with the California Fire Code |
Air conditioning equipment, pool and spa equipment, ground-based antennas | Sides and rear | Four feet |
Cargo Containers As An Accessory Structure7 | Front, Side, min. distance from another structure, rear | Twenty-five feet Ten feet, Eight feet |
Exterior staircases for balconies, pool slides | Front, Side, min. distance from another structure, Rear | Same as the main structure Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Decks exempted from a building permit | All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Decks requiring a building permit (Over 18 inches in vertical height) | All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Multi-family Homes | ||
Garage, gazebo, greenhouse, patio cover, storage shed, workshop | All sides | Five feet; unless adjacent to a public street where the setback shall be ten feet |
Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 | All sides | Three feet to the furthest projection |
Swimming pool, spa, fish pond, outdoor play equipment, waterslide4 | All sides | Ten feet |
Stationary barbecue, fire pit, propane tank | Sides and rear Front Sides and rear | Ten feet Three feet for non-high-fire zone areas of the City. For high-fire zone areas, please contact the City prior to placement for the minimum distance required to comply with the California Fire Code |
Air conditioning equipment, pool and spa equipment, ground-based antennas6 | Sides and rear | Five feet |
Exterior staircases for balconies, pool slides | Front, Side, min. distance from another structure, Rear | Same as the main structure Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Decks exempted from a building permit | All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Decks requiring a building permit (Over 18 inches in vertical height) | All sides | Shall meet the minimum requirements as provided under the California Fire and Building Code(s) |
Notes: (1) Where a parcel is situated so that the front, side, or rear property lines are not readily determinable, required setbacks shall be established by the director. (2) A structure, projection or equipment shall not be placed or occur beyond the setbacks as identified in Table 16.44.150-1. (3) Building permits are not required for accessory structures one hundred twenty (120) square feet or less in area and twelve (12) feet or less in height. However, if a structure is proposing plumbing, electrical, or mechanical components, a building permit is required. (4) Existing single family detached lots with lot widths less than required by the zone may utilize a reduced setback equal to ten percent (10%) of the lot width but in no case closer than three (3) feet. (5) Small structures that are less than six (6) feet in height and do not extend above an adjoining solid fence or wall is exempt from setback requirements. (6) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. Shipping containers, anchored in conformance with California Building Code Section 3115 and Chapter 16, shall not be subject to any building separation requirements otherwise required by the Development Code. | ||
(Ord. 610-24 § 11, 2024; Ord. 574-22, Exhibit B-3 (part), 2022; Ord. 561-20, Exhibit B (part), 2020; Ord. 544 §§ 13-16, 2019; Ord. 441-10, §§ 1, 2 (part), 2010; Ord. 430-10 § 6, 2010; Ord. 382 § 6, 2007; Ord. 343 § 2, 2005; Ord. 215 § 2 (part), 2000; Ord. 202 § 2, 1999; Ord. 182 § 2 (part), 1997)
A. Purpose. This section provides standards for the establishment of accessory dwelling units. Pursuant to Government Code 66323 local governments have the authority to adopt regulations designed to promote accessory units. An accessory dwelling unit which conforms to the requirements of this Section 16.44.160 shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential unit, which is consistent with the General Plan and zoning classification for the lot.
B. Definitions. The following are definitions of specialized terms and phrases used in this chapter. Definitions of general terms and phrases are located in Article VI (Development Code Definitions).
1. Accessory Dwelling Unit (ADU). Refer to Government Code Section 66313 for definition.
2. Junior Accessory Dwelling Unit (JADU) shall have the same meaning as defined in Government Code Section 66313.
3. Public Transit means, including but limited, a fixed-route service open to the public at large and includes transit stations, bus stations, and bus stops, as operated by the Riverside Transit Agency or another fixed route service as adopted by City Council resolution as it pertains to Chapter 16.44.160 of this title.
C. Standard of Review. ADU and JADU applications shall be considered a ministerial action without discretionary review or a public hearing if all requirements of this Section 16.44.160 are met, notwithstanding any other requirements of state law or this development code.
D. Number of Accessory Dwelling Units and Junior Accessory Dwelling Units Allowed. The number of accessory dwelling unit(s) and junior accessory dwelling unit(s) on a parcel shall be allowed pursuant to State Law as applicable to single-family, multi-family, and mixed-zoned parcels:
1. At a residential parcel with an existing or proposed single-family dwelling: one ADU and one JADU shall be permitted. An ADU may be combined with a JADU unit within a single-family residence pursuant to the requirements of Government Code Section 66323.
2. At a parcel with an existing multi-family dwelling, two detached ADUs shall be permitted pursuant to Government Code Section 66323. Additionally, one ADU and 25 percent of the number of existing units within the multi-family building may be counted towards the conversion requirements of Government Code Section 66323.
E. Site Requirements. A parcel proposed for an accessory dwelling unit shall comply with all the following requirements:
1. The parcel shall allow for setbacks for an ADU or JADU consistent with Government Code Section 66323.
2. Occupancy requirements of the ADU and JADU shall be consistent with the provisions of Government Code Section 66315. For a JADU, a covenant shall be recorded in the Riverside County clerk's office against the title declaring that the property owner must occupy either the primary residence or the JADU consistent with the provisions of Government Code Section 66333.
3. An ADU may only be sold in limited situations pursuant to Government Code Section(s) 66340 and 66341.
4. A covenant shall be recorded in the Riverside County clerk's office against the title of the parcel declaring that the ADU(s) and/or JADU shall not be used for short term rentals less than 30 days.
F. Design Standards. An ADU and JADU shall meet the following:
1. Size and Setback Restrictions:
a. A JADU shall be reflective of the setback and square footage provisions consistent with Government Code Section(s) 66313 and 66323.
b. An attached or detached ADU shall be reflective of the setback and square footage provisions consistent with Government Code Section 66323.
c. If the ADU and/or JADU unit is proposed within the parameters of an existing or proposed single-family dwelling, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. If the ADU is proposed within the parameters of an existing accessory structure, any proposed expansion shall be consistent with the requirements of Government Code Section 66323. ADU and JADU types are also required to meet fire and safety standards per Government Code Section 66323(a)(1)(C).
2. Architecture and Standards:
a. At single-family locations the exterior roofing, trim, walls, windows and the color palette of the ADU or JADU shall incorporate the same features as the main dwelling unit;
b. At multi-family locations, the exterior roofing, trim, walls, windows and the color palette of the ADU addition shall incorporate the same features as the existing building that the ADU would be provided within. For detached ADUs, it shall be reflective of the nearest building as measured from the wall of the existing building to the nearest wall of the proposed unit.
c. Restroom and kitchen facilities for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
d. Access for ADUs and JADUs shall be provided consistent Government Code Section(s) 66323 and 66333.
G. Parking. The ADU shall provide one off-street parking space in addition to that required for the main dwelling unit, in compliance with Chapter 16.34 (Off-Street Parking and Loading Standards). No off-street parking is required for the ADU if it meets any of the following:
1. Is within a half mile walking distance from public transit. Refer to definition in Section 16.44.160.B.
2. Is within an architecturally and historically significant historic district.
3. Is in an area where on-street parking permits are required, but not offered to the occupant of the ADU.
4. Is located within one block of a car share area.
5. The ADU is a part of the proposed or existing primary residence or an accessory structure.
6. Is a JADU as defined under Government Code Section 65852.21.
H. Review of Application. Review of the ADU and JADU shall be consistent with the following:
1. A permit application for an ADU or a JADU unit shall be considered and approved ministerially without discretionary review or a hearing.
2. The City shall act on an application to create an ADU or a JADU within 60 days from the date the local agency receives a completed application.
3. If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU or the JADU until the City acts on the permit application to create the new single-family dwelling, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
I. Conflicting Standards. If there is a conflicting applicability between the requirements of this section and requirements as described under State Law, State Law shall apply.
(Ord. 610-24 § 12, 2024; Ord. 556 § 16, 2020; Ord. 544 § 17, 2019; Ord. 537, Exhibit A (part), 2018; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004; Ord. 227 § 2 (part), 2000; Ord. 182 § 2 (part), 1997)
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