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Murrieta Overview
Murrieta, CA Municipal Code
Murrieta, California Municipal Code
Preface
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 (RESERVED)
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 (RESERVED)
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 (Reserved)
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 (RESERVED)
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 DEVELOPMENT CODE
Article I - Development Code Enactment and Applicability
Article II - Zoning Districts and Allowable Land Uses
Article III - Site Planning and General Development Standards
16.18 General Property Development and Use Standards
16.20 Density Bonus Regulations
16.22 Fences, Hedges, and Walls
16.24 Hillside Development
16.26 Cultural Resource Preservation
16.28 Landscaping Standards and Water Efficient Landscaping
16.30 Noise
16.32 Nonconforming Uses, Structures, and Parcels
16.34 Off-Street Parking and Loading Standards
16.36 Public Facilities/Infrastructure Mitigation
16.38 Sign Standards
16.40 Transportation Demand Management
16.42 Tree Preservation
16.44 Standards for Specific Land Use
Article IV - Administration
Article V - Subdivisions
Article VI - Development Code Definitions
STATUTORY REFERENCES FOR CALIFORNIA CITIES
PRIOR CODE CROSS-REFERENCE TABLE
ORDINANCE LIST AND DISPOSITION TABLE
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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
   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)
16.44.160 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)
16.44.161 Employee Workforce and Student Units.
Employee Workforce and Student Units shall be developed in accordance with Chapter 16.13 (Innovation District).
(Ord. 559-20 § 8, 2020)
16.44.170 Telecommunications Facilities.
This section establishes standards for the development and operation of telecommunications facilities including satellite dishes and wireless communications facilities. Satellite dishes are a permitted use in residential, commercial, and industrial zoning districts in compliance with Article II (Zoning Districts and Allowable Land Uses) subject to regulations in Section 16.44.170A. Wireless communications facilities may not be permitted with a conditional use permit subject to the regulations in Section 16.44.170B.
   A.   Satellite Dishes. Satellite dishes, including portable units, shall be designed, installed and maintained in compliance with the Federal Communications Commission (FCC) and the California Public Utilities Commission (CPUC) regulations and in compliance with this section. Satellite dishes with a maximum diameter of one meter are not regulated by this chapter.
      1.   Plans. Plans for satellite dishes shall be submitted with each application for a building permit, and shall include a site plan and elevation drawings indicating the color, diameter, foundation details, height, landscaping, setbacks and method(s) of screening.
      2.   Painting. The dishes and any supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray, black, etc.).
      3.   Setbacks. Satellite dishes shall not be located within front or street side yard setbacks without approval of a minor variance and shall not extend beyond the property lines.
      4.   Underground Wiring. All wiring shall be placed underground, whenever possible.
      5.   Residential Zoning District Standards. In residential zoning districts, satellite dishes shall be subject to the following requirements.
         a.   Development Plan Permit. A development plan permit, in compliance with Chapter 16.56 (Development Plan Permits), shall be required for the construction and/or placement of a satellite dish in a residential zoning district. Not less than thirty (30) days after acceptance of an application as complete, the director shall schedule the time and date on which the director's decision on the application is to be made.
At least ten days before the date on which the decision will be made, the director shall give notice of the proposed use by mail to the applicant and all property owners within a one hundred (100) foot radius of the exterior boundaries of the subject property.
         b.   Ground-mounted. Only ground-mounted dishes be allowed. The dish shall be located only within the rear yard of the parcel, at least five feet from the rear lot line of an interior parcel, and fifteen (15) feet from the street side lot line of a corner parcel. This provision may be modified by the di-rector if strict compliance would result in substandard reception.
         c.   Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
         d.   Fence or Wall. Satellite dishes shall be separated from adjoining properties by a minimum six- (6-) foot-high solid fence or wall, or by plants or trees of equal height, approved by the director.
         e.   Height. The height of the antennae shall not exceed ten feet, at the highest point of the dish. This provision may be modified by the director if strict compliance would result in substandard reception.
         f.   Number. Only one satellite dish shall be allowed on a parcel.
         g.   Setbacks. A satellite dish that is taller than adjoining property line fences shall be located away from the side or rear property line a distance equal to or greater than the height of the dish.
      6.   Nonresidential Zoning District Standards. In nonresidential zoning districts, satellite dishes may be roof- or ground-mounted subject to the following standards.
         a.   Development Plan Permit. A development plan permit in compliance with Chapter 16.56 (Development Plan Permits) shall be required for the construction and/or placement of a satellite dish in a commercial, innovation, or industrial zoning district.
         b.   Ground-mounted. If ground-mounted, dishes shall not be located between a structure and an adjoining street and shall be screened from public view and neighboring parcels.
         c.   Roof-mounted. If roof-mounted, dishes shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the director. Screening materials shall be architecturally compatible with the rest of the structure.
         d.   Diameter. The diameter of a ground-mounted satellite dish shall not exceed eight feet. This provision may be modified by the director if strict compliance would result in substandard reception.
         e.   Height and Location. The height and location of the satellite dish shall comply with the requirements of the applicable zoning district. The height provision may be modified by the director if strict compliance would result in substandard reception.
         f.   Setbacks. If the subject parcel abuts a residential zoning district, the dish shall be set back a minimum distance from the lot line equal to the height of the antenna.
   B.   Wireless Communications Facilities. Wireless communications facilities may be permitted with a conditional use permit as provided in Section 16.44.170B4. Wireless communications facilities, including supporting towers and related ground-mounted structures and equipment shall be designed, constructed/installed, and maintained in compliance with the following development standards.
      1.   Site Selection Order of Preference. Wireless communication facilities shall be located in the order of preference outlined below. As part of the application process, applicants for cellular wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in compliance with this subsection.
         a.   On existing structures (e.g., a billboard, church steeple, communication towers, freestanding sign, water tank, etc.);
         b.   In locations where the existing topography, vegetation, or other structures provide the greatest amount of screening; or
         c.   On parcels without significant visual mitigation required.
      2.    Locational Criteria. Wireless communication facilities shall not be located within a front or street side yard in any zoning district.
      3.   Co-location. City agencies, special districts, and utility providers shall encourage and allow "co-location" of wireless communications equipment on appropriate existing structures and towers subject to reasonable engineering requirements.
      4.   Equipment Height. Wireless communications facilites that do not exceed fifteen (15) feet over the height limit for the applicable zone may be approved with a minor conditional use permit issued by the director, pursuant to Chapter 16.52. Facilities that exceed fifteen (15) feet over the maximum height of the applicable zone require a conditional use permit issued by the Planning Commission, pursuant to Chapter 16.52. Height shall be measured from finish grade to the highest point of the facility.
      5.   Painting. The equipment and supporting structure shall be painted a single, neutral, nonglossy color (e.g., earth-tones, gray. etc.) and, to the extent possible, compatible with the appearance and character of the surrounding neighborhood:
      6.   Plans. Plans for the wireless communication facility shall be submitted with an application for a minor conditional use permit, in compliance with Chapter 16.52:
      7.   Signs. Identification signs, including emergency phone numbers of the wireless service provider, shall be posted and readable at ground level, at all equipment/tower sites;
      8.   Underground Wiring. Electrical and equipment wiring shall be placed underground: and
      9.   Unused/Obsolete Equipment. Unused/obsolete equipment or towers shall be removed from the site within six months after their use has ceased.
      10.   Fencing. Fencing may be constructed around the site in compliance with the provisions of Chapter 16.22 (Fences, Hedges, and Walls). Wrought iron fencing shall be used when adjacent to freeways.
      11.   Landscape Screening. Screening of the site shall be provided subject to the review and approval of the director.
      12.   Other Requirements. The following additional items shall be submitted fora wireless telephone antennae:
         a.   Photo enhancement showing monopole or tower as it would appear after construction, including landscaping. If an architecturally enhanced pole is to be utilized, examples shall be provided.
         b.   Map of regional network for the system.
         c.   Map of search ring and a matrix of all properties within the search ring. The map shall demonstrate primary location and any alternatives within the search ring.
(Ord. 610-24 § 13, 2024; Ord. 427-09 § 4, 2009; Ord. 182 § 2 (part), 1997)
16.44.180 Vehicle Dealerships.
   A.   Design Issues. Vehicle dealerships are establishments that specialize in the sale of one or more lines of new automobiles and/or used vehicles and in the servicing of that line or lines.
   B.   Site Planning.
      1.   Showrooms shall be oriented toward major public streets.
      2.   Outdoor vehicle display areas shall occur only on permanent at-grade display areas or low-rise platforms (four feet maximum) that are architecturally compatible with the project. Rotating vehicle display platforms are not allowed.
      3.   Provisions shall be made onsite for the unloading of vehicles from carriers. Vehicle unloading on non-residential streets may occur in the right-of-way only if special turn-outs are provided.
      4.   Screened storage areas shall be provided for vehicles awaiting repairs.
      5.   Potentially noisy activities, (e.g., vehicle repair, cleaning, or testing) shall not be located near or oriented towards residential.
      6.   Customer parking shall be provided for the sales, service, and parts areas.
      7.   Sufficient space shall be provided for service drop-offs to prevent stacking of waiting vehicles onto a public street.
      8.   All non-vehicle storage areas shall be screened from view from the public street and any adjacent residential area. No storage, except vehicle storage, shall occur that is visible from a public street.
   C.   Building Design.
      1.   Buildings shall be stylistically consistent on all sides, carefully detailed, and architecturally related to each other.
      2.   Service uses shall be wholly contained within a building of solid (e.g. masonry) construction. All vehicle access to the individual service bays shall be from within the building itself with no more than two or three exterior doors to provide access to the building. The access points to the service building shall not be visible from or face toward a public street or any adjacent residential uses.
      3.   Walls and fences shall be architecturally compatible with the buildings.
   D.   Special Requirements.
      1.   All outdoor lighting shall be consistent with the Mount Palomar dark sky provisions regarding lighting see Section 16.18.110 (Mount Palomar Lighting Standard).
      2.   Public address systems, shall not be used in outdoor areas. Beepers and/or personal pagers can be used if necessary to contact employees outdoors.
      3.   Wash racks shall be located so that they are not visible or audible from a public street or residential area. Wash areas shall be designed to comply with city requirements for stormwater/urban runoff management and discharge controls.
      4.   All non-vehicle storage areas shall be screened from public view from adjoining properties and from the public right-of-way by appropriately designed walls and landscaping.
      5.   Compressors and similar equipment shall be located in the interior of the site to minimize impacts on adjacent properties.
      6.   Because landscaping along display perimeters is typically minimal and low level, other landscaped areas shall be designed to compensate for the absence of vertical landscape elements. Building perimeters shall be heavily landscaped and parking lots shall contain significantly more landscaping than is required for retail commercial parking lots.
      7.   All new dealerships whose sales consist primarily of new vehicles shall submit a comprehensive sign program application consistent with § 16.38.060. If no sign program is approved, the dealership will be subject to the sign standards of the zone.
(Ord. 610-24 § 14, 2024; Ord. 182 § 2 (part), 1997; Ord. 524 Exhibit B, 2017)
16.44.190 Vehicle Repair and Service.
   A.   Design Issues. Auto repair and service facilities can be problematic uses that are characterized by noise, large numbers of parked vehicles, traffic, and the presence of and potential mishandling of large amounts of petroleum products, oils, acid, and other hazardous materials. While these facilities rarely make good residential neighbors, they are necessary to urban life and can fit agreeably into many other settings if care is taken to mitigate negative characteristics.
   B.   Site Planning.
      1.   Vehicle repair and service activities shall be wholly contained within an enclosed building.
      2.   Sufficient parking space shall be provided for customers to drop off their vehicles and to avoid stacking of vehicles onto the public street.
      3.   The interiors of work bays shall not be visible from a public street or any adjacent residential uses, or designated open space areas.
      4.   Access driveways shall be limited to the minimum number necessary to enter and exit the site safely, typically one or two, with a maximum width of twenty-eight (28) feet.
   C.   Building Design.
      1.   Building materials shall have the appearance of substance and permanency; lightweight metal or other temporary appearing structures are not allowed.
      2.   Building design shall be clean and simple, stylistically consistent and related to surrounding buildings through use of similar scale, materials, colors and/or detailing.
   D.   Special Requirements.
      1.   No dismantling of wrecked cars is allowed on the site, and no outdoor storage is allowed.
      2.   Public (outdoor) address systems are not allowed. Beepers and/or personal pagers should be used in out-door areas if it is necessary to contact employees outdoors.
      3.   Facilities shall be designed to comply with city ordinance governing stormwater/urban runoff management and discharge controls.
      4.   Provisions shall be made for the storage of used oil and lubricants pending recycling.
      5.   All compressors shall be located within buildings to eliminate impacts on adjacent properties.
(Ord. 182 § 2 (part), 1997)
16.44.200 Emergency Residential Shelters and Transitional Housing.
   A.   Purpose. This division sets forth a uniform set of standards for emergency shelters to provide temporary housing for the homeless.
   B.   Emergency Shelter Standards for Regulations. Emergency shelters for homeless persons shall be subject to and comply with the following standards and regulations.
      1.   A single emergency shelter for thirty (30) occupants, or a combination of multiple shelters with a combined capacity not to exceed thirty (30) occupants, shall be allowed as a permitted use, consistent with section 65583(4)(A) of the Government Code. All emergency shelters, regardless of the number of occupants, shall meet the minimum standards contained herein below. Any emergency shelter with a capacity greater than thirty (30) occupants shall also be subject to the approval of a conditional use permit, as set forth in section 16.52.
      2.   The facility shall operate on a first-come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. during Pacific Daylight Time, and 5:00 p.m. and 7:00 a.m. during Pacific Standard Time. Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night, A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced and clients shall not be admitted after the curfew.
      3.   To avoid over-concentration of emergency shelter facilities, a minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter, as measured from the property line.
      4.   Emergency shelters shall not be located within one thousand (1,000) feet of a public or private school (pre-school through twelfth grade), universities, colleges, student housing, senior housing, child care facilities, public parks, businesses licensed for on- or off-site sales of alcoholic beverages or parolee/probationer home as defined in Article VI, Section 16.110 (Definitions) and as measured from the property line.
      5.   Service providers shall provide sufficient numbers of male and female toilets - restrooms for clients and prospective clients to have access to use on a twenty-four (24) hour basis. For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.
      6.   Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six (6)-foot tall decorative wall or fence.
      7.   Adequate waiting areas must be provided within the premises for clients and prospective clients including ten (10) square feet per bed, minimum one hundred (100) square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areas.
      8.   Facility improvements shall comply with the Murrieta municipal code and the most current adopted building and safety code, specific to the establishment of dormitories and shall additionally provide:
         a.   A minimum of one (1) toilet for every eight (8) beds per gender.
         b.   A minimum of one (1) shower for every eight (8) beds per gender.
         c.   Private shower and toilet facility for each area designated for use by individual families.
      9.   An emergency shelter facility shall provide off-street parking:
         a.   The minimum parking requirement shall be whichever is less, the ratio of one (1) space per four (4) beds, and/or 0.5 per bedroom designated as a family unit with children, plus one (1) space per staff member, or the minimum parking requirement for other residential or commercial uses within the same zone whichever results in less parking being required.
         b.   Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients and other visitors who drive to the premises.
      10.   Bike rack parking shall be provided at the facility.
      11.   Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.
      12.   The facility may provide the following services in a designated area separate from sleeping areas:
         a.   A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six (6)-foot tall visually screening decorative wall or fence.
         b.   A counseling center for job placement, educational, health care, legal services, or mental health services.
         c.   Laundry facilities to serve the number of clients at the shelter.
         d.   Kitchen and dining area.
         e.   Client storage area.
         f.   Similar types of facilities to address the needs of homeless clients, as determined by the planning director.
      13.   A shelter management plan shall be submitted as a part of the conditional use permit application, which addresses all of the following:
         a.   Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed project and shall reasonably be expected to be available for the life of the project;
         b.   A minimum of one (1) staff member per fifteen (15) beds shall be awake and on duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients. The facility shall not employ staff who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290;
         c.   Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the establishment;
         d.   Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Murrieta;
         e.   Service providers will maintain information on individuals utilizing the facility and will ensure that the maximum stay at the facility shall not exceed one-hundred and twenty (120) days in a three-hundred and sixty-five (365) day period;
         f.   Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar services;
         g.   Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city;
         h.   Service providers shall provide for the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four (24)-hour period;
         i.   Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public;
         j.   The shelter management plan shall include how staff will address and regulate alcohol and illegal drug use by clients on the premises;
         k.   Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility, re-admittance policies for clients who have previously been expelled from the facility shall also be established.
      14.   The establishment shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the establishment maintain the quiet, safety and cleanliness of the premises and the vicinity of the use; and
      15.   Other requirements as deemed necessary by the city to ensure that the facility does not create an adverse impact to surrounding properties.
   C.   Transitional Housing including Single Resident Occupancy (SRO), Standards and Regulations. Transitional housing, including efficiency residential units, also known as single resident occupancy ("SRO"), shall be subject to and comply with the following standards and regulations.
      1.   Units shall have a minimum size of one hundred and fifty (150) square feet and a maximum of four hundred (400) square feet.
      2.   Each unit shall accommodate a maximum of two (2) persons.
      3.   Exterior lighting shall be provided for the entire outdoor and parking area of the property per the lighting standards of the Section 16.18.100 of the code.
      4.   Laundry facilities must be provided in a separate room at the ratio of one (1) washer and one (1) dryer for every twenty (20) units of fractional number thereof, with at least one (1) washer and dryer per floor.
      5.   A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO (efficiency) unit facility.
      6.   Each unit required to provide a separate bathroom containing a lavatory and bathtub or shower.
      7.   Each unit shall be provided with a kitchen sink, functioning cooking appliance and a refrigerator, each having a clear working space of not less than thirty (30) inches in front.
      8.   Each SRO (efficiency) unit shall have a separate closet.
      9.   SRO (efficiency) units shall comply with all requirements of the California Building Code. All units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible.
      10.   An SRO (efficiency) unit project shaft not be located within five hundred (500) feet of any other SRO (efficiency) unit project, emergency shelter, or other similar program, unless such program is located within the same building or on the same lot.
      11.   An SRO (efficiency) unit project with ten (10) or more units shall provide on-site management. Project with less than ten (10) units may provide a management office off-site.
      12.   Tenancy of SRO (efficiency) units shall not be less than thirty (30) days.
      13.   SRO (efficiency) unit parking shall be provided as follows:
         a.   One (1) uncovered parking space for every three (3) SRO (efficiency) units.
         b.   Two (2) uncovered parking spaces for an onsite manager unit.
      14.   Each SRO (efficiency) unit shall be provided at least one (1) lockable bicycle parking space in a location that is adjacent to that SRO (efficiency) unit.
      15.   Applications for SRO (efficiency) units projects shall be processed in a manner consistent with procedures for a multiple-family residential project per Article II, Section 16.08.040.
   D.   Notification. In addition to the notification required by the Development Code, representatives of the police department shall be apprised of the proposed project in a timely fashion so that the department may respond to any concerns they may have regarding the proposed project.
(Ord. 598-23 § 8, 2023; Ord. 482-13 § 2, 2013; Ord. 293 § 1 (part), 2004)
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