2010-78 Detached Accessory Buildings ORDINANCE NO. 2010-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
ADDING CHAPTER 9.3 "DETACHED ACCESSORY BUILDINGS" TO THE MENIFEE
MUNICIPAL CODE REPEALING THE REQUIREMENTS OF RIVERSIDE COUNTY
ORDINANCE 348 SECTION 18.18.
The City Council of the City of Menifee does ordain as follows:
1. Purpose: It is the intent of the City Council in adopting this Ordinance to:
(a) Establish development standards for the appropriate construction of detached
accessory buildings in the City of Menifee.
(b) Establish procedures for approving detached accessory buildings.
2. Chapter 9.3 is added to the Menifee Municipal Code to read as follows:
Chapter 9.3
Detached Accessory Buildings
Section
9.3.010 Definitions
9.3.020 Development Standards
9.3.030 Permit Requirements
9.3.040 Exceptions
9.3.050 Nonconforming Uses
9.3.010 Definitions.
The following terms shall have the following meanings for purposes of this Chapter:
(a) "Detached Accessory Building" as used herein and in Riverside County Ordinance No.
348 as adopted by the City and any successor thereto, shall mean a building which is
detached from the main building on a parcel or lot, the use of which is incidental to that
of the main building. A detached accessory building includes but is not limited to a
detached garage, greenhouse, storage shed, studio, pool house, cabana, barn, pole
barn, stable or workshop. Detached accessory buildings do not include "guest
dwellings", "second units" or "granny flats" and are not to be used as living quarters. No
accessory building shall be erected unless a main building exists on the parcel.
(b) "Rear Yard" as used herein and in Riverside County Ordinance No. 348 as adopted by
the City, and any successor thereto, shall mean a yard extending across the full width of
the lot between the side lot lines and measured between the rear lot line and the nearest
rear line of the main building or the nearest line of any enclosed or covered porch.
Where a rear yard abuts a street it shall meet front yard requirements of the district.
City of Menifee Ordinance No. 2010-76
Detached accessory buildings
(c) "Front Yard" as used herein and in Riverside County Ordinance No. 348 as adopted by
the City, and any successor thereto, shall mean a yard extending across the full width of
the lot between the side lot lines and between the front lot line and either the nearest line
of the main building or the nearest line of any enclosed or covered porch. The front lot
line shall be deemed to be the existing nearest right of way line of the abutting street,
road or highway, unless a different right of way line for future use shall have been
precisely fixed by law or ordinance, or by formal action of the City Council pursuant to
law or ordinance, in which event the front lot line shall be deemed to be such different
right of way line.
9.3.020 Development Standards
A detached accessory building is permitted in all residential zones where the principal use of the
residential parcel is a main dwelling, subject to the following requirements, which are in addition
to any requirements of that residential zone.
(a) Detached Accessory Buildings are permitted as follows:
Parcel Maximum Minimum Minimum Maximum Maximum
Size Structure Rear Side Height Rear Yard
Foot Print Setback* Setback* Coverage
Size
Less than 600 sq. ft. 10 feet 5 feet 20 feet 50% of the
19,999 sq. rear yard
ft.
20,000 sq. 900 sq. ft. 10 feet 5 feet 20 feet 50% of the
ft. to 40,000 rear yard
s . ft.
Over 40,000 3,000 sq. ft. 10 feet 10 feet 24 feet 50% of the
sq, ft. rear yard
* If the zoning classification of a particular property provides for a greater side or rear
yard setback, such greater setback shall apply.
(b) Accessory uses and structures shall be incidental to and not alter the residential
character of a parcel.
(c) No detached accessory structure, or total square footage of multiple detached accessory
structures, shall occupy more than one-half of the rear yard of a parcel.
(d) No detached accessory building shall be within five feet of the front half of an adjacent
lot. For the purpose of this regulation a depth of not more than 75 feet shall be deemed
to be such front half of such adjacent lot.
(e) In the case of through lots, no detached accessory building shall encroach upon the
required front yard on either street. In the event that the front yard and rear yards
cannot be clearly determined, the Community Development Director will determine the
required setbacks.
(f) No detached accessory building shall be located less than ten feet from the main
building or less than five feet from another detached accessory building.
2
City of Menifee Ordinance No. 2010-76
Detached accessory buildings
(g) For parcels 40,000 sq. ft. or smaller located in any residential zone or where a dwelling
is the principal use, the minimum setback for the detached accessory building from a
side property line shall be five feet and the minimum setback from a rear property line
shall be ten feet; provided, however, that where the applicable zone provides for a
greater side or rear yard setback, such greater setback shall apply.
(h) For parcels larger than 40,000 sq. ft. located in any residential zone or where a dwelling
is the principal use, the minimum setback from a side property line and from a rear
property line shall be ten feet; provided, however, that where the applicable zone
provides for a greater side or rear yard setback, such greater setback shall apply.
(i) Notwithstanding the height limitations of any zone, the height limit of a detached
accessory building on any parcel in any residential zone or on any parcel where a
dwelling is the principal use shall be twenty feet.
Q) For parcels 40,000 sq. ft. or smaller located in any residential zone or where a dwelling is
the principal use, the detached accessory building shall include eaves or overhangs, and
be compatible with the materials, colors and architecture, including roof pitch, of the
main building or residence.
(k) For parcels larger than 40,000 sq. ft. located in any residential zone or where a dwelling
is the principal use, the detached accessory buildings shall be compatible with the
materials, colors and architecture, including roof pitch, of the main building or residence
or be compatible with the character of the surrounding neighborhood.
(1) Bare metal buildings (metal buildings without paint or exterior architectural coatings or
treatments) shall not be allowed.
(m) Detached accessory buildings shall not be placed within a lot in a manner which would
cause significant environmental impacts to drainages, watercourses, sensitive habitat, or
archeological resources.
9.3.030 Permit Requirement.
(a) In any residential zone or where the principal use of a lot is a dwelling, the approval of a
plot plan pursuant to Ordinance 348, Section 18.30 shall be required for any detached
accessory building over 120 sq. ft.
(b) If the property on which a detached accessory building is proposed is within a high fire
area, clearance from the Riverside County Fire Department — Planning will be required
prior to approval of the application.
(c) If the property on which a detached accessory building is proposed is within a flood
zone, clearance from the Riverside County Flood Control Department will be required
prior to approval of the application.
(d) A public hearing pursuant to Ordinance 348, Section 18.30 d. (2), will be required for any
detached accessory building which is not exempt from CEQA or includes a variance.
3
City of Menifee Ordinance No. 2010-76
Detached accessory buildings
9.3.040 Exceptions
This Chapter shall not apply in the A-P, A-2 or A-D zones.
9.3.050 Nonconforming Uses
An otherwise legally permitted detached accessory building which becomes legally
nonconforming as a result of the adoption of this Chapter shall be allowed to remain unless 50%
or more of the detached accessory building is destroyed. In that case, any rebuilt detached
accessory building must meet the requirements of the current code.
3. Effective Date: This ordinance shall take effect 30 days from the date of its adoption.
PASSED, APPROVED AND ADOPTED THIS 15th day of June, 2010.
/,/lIze
Wails a dgerton, Mayo
ATTEST:
&L�11
K to by Bennett, City Clerk
Approved as to form:
11
Karen Feld, City Attorney
4
CN-I(FE.E
.
Wallace W.Edgerton
Mayor
Fred Twyman
Mayor Pro Tem
John V.Denver STATE OF CALIFORNIA )
Councilmember COUNTY OF RIVERSIDE ) ss
Darcy Kuenzi CITY OF MENIFEE )
Councilmember
I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing
Councilmember
ScottMann Ordinance No. 2010-78 was duly adopted by the City Council of the City of Menifee at
Councilmember
a meeting thereof held on the 15th day of June, 2010 by the following vote:
Ayes: Denver, Edgerton, Mann, Twyman
Noes: None
Absent: Kuenzi
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofmenifee.us