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.
c. Setback Requirements. Setbacks shall be as provided by Table 3-14 (Required Setbacks—Accessory Uses and Structures). For accessory structures that propose an ADU component, please refer to Section 16.44.160.F.1 for the setback criteria with respect to the ADU component of the structure.
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 (2000) 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, which are sometimes referred to as a Granny Flat or Guest House, 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. Guest living quarters may not be rented.
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.
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 16.44.150J.
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 3-14.
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 to the satisfaction of the Planning Director or their designee.
k. Existing cargo containers at existing residential properties can remain in place 18 months from the effective date of Ordinance___.
TABLE 3-14 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
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Single-family Homes | ||
Accessory Structure | Type of Setback1 | Required Setback2 |
TABLE 3-14 REQUIRED SETBACKS - ACCESSORY USES AND STRUCTURES
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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 |
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 |
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 |
Multi-family Homes
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Accessory Structure | Type of Setback1 | Required Setback2 |
Multi-family Homes
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Accessory Structure | Type of Setback1 | Required Setback2 |
Garage, gazebo, greenhouse, patio cover, storage shed, workshop | All sides | As required for main structure |
Gazebo, greenhouse, patio cover, storage shed, (less than one hundred twenty (120) square feet)3 |
All sides | Three feet |
Swimming pool, spa, fish pond, outdoor play equipment4 |
Front | Ten feet |
Stationary barbecue, fire pit, propane tank | Sides and rear Front Sides and rear | Ten feet Three feet |
Air conditioning equipment, pool and spa equipment, ground-based antennas | Sides and rear | Four feet |
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 property lines of the subject parcel. (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. (4) Pools and/or spas may be allowed no closer than three (3) feet as determined by the director. A minor variance may be required if at the discretion of the director, it is determined that the reduced setback could cause adverse impacts to adjacent properties (see Section 16.72.020). (5) 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. (6) 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. (7) Limited to Rural Residential (RR) and Estate Residential (ER-1) Zones with a minimum of a one (1) acre parcel area. | ||
(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)