16.44.140 Recycling Facilities.

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)

16.44.150 Residential Accessory Uses and Structures.

   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 16.44.150-1 (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 (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:

      1.   Fencing: Shall be subject to the height limits of Chapter 16.22 (Fences, Hedges and Walls); and

      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___.

   TABLE 16.44.150-1
   REQUIRED SETBACKS—ACCESSORY USES AND STRUCTURES

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)

1 6.44.160 Accessory Dwelling Units.

   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)