2013-119 Detached Accessory Buildings ORDINANCE NO. 2013-119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE
AMENDING 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:
Section 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.
Section 2. Chapter 9.3 of the Menifee Municipal Code is hereby amended 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, workshop, underground facility, or carport. 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) "Underground Facility" shall mean any facility or structure built completely below grade
to be used for storing personal property of the property owner such as a root cellar, or a
wine cellar, or serving as a shelter or bunker for safety purposes in the event of a
disaster, either natural or man-made. No underground facility may be rented for any
purpose.
City of Menifee Ordinance No. 2013-119
Detached accessory buildings
(c) "Carport" shall mean a permanently roofed structure with not more than two (2) enclosed
sides, used or intended to be used, for motor vehicle shelter and storage.
(d) "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.
(e) 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:
Table 1
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
1/2 acre rear yard
ross
1/2-1 acre 900 sq. ft. 10 feet 5 feet 20 feet 50% of the
gross rear yard
Over 1 acre 3,000 sq. 10 feet 10 feet 24 feet 50% of the
gross ft.*** I I I rear yard
If the zoning classification of a particular property provides for a greater side or rear
yard setback, such greater setback shall apply.
**does not apply to an underground facility.
***any underground facility exceeding 1,500 square feet shall be required to follow
Section 405 Underground Buildings of the 2010 California Building Code.
****maximum rear yard coverage includes above ground square footage AND any
permitted metal storage containers
(b) Accessory uses and structures shall be incidental to and not alter the residential
character of a parcel.
2
City of Menifee Ordinance No, 2013-119
Detached accessory buildings
(c) No detached accessory building, or total square footage of multiple detached accessory
building, 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, except for the first garage on a lot containing a mobile home. 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) Detached accessory buildings shall be located at least ten feet from the main building
and at least five feet from another detached accessory building.
(g) For parcels less than one (1) acre gross 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 one (1) acre gross 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 less than one (1) acre gross shall be twenty feet. The
height limitation of a detached accessory building on any parcel larger than one (1) acre
gross shall be twenty-four (24) feet. Underground facilities shall not be subject to the
'i
above height limitations.
(j) For parcels less than one (1) acre gross 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 one (1) acre gross the detached accessory buildings shall be
compatible with the materials, colors and architecture, including roof pitch, of the main
building or residence or may be compatible with the character of the surrounding
neighborhood.
(1) Bare metal buildings (metal buildings without paint or exterior architectural coatings or
treatments) shall be prohibited.
(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 or paleontological resources.
3
City of Menifee Ordinance No. 2013-119
Detached accessory buildings
(n) A detached accessory building used for vehicle storage shall have paved access to the
structure across the parcel. No additional curb cuts may be installed for the detached
accessory building.
(o) The use of metal storage container(s) to construct an underground facility shall be
prohibited.
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 square feet.
(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) Applicants for an underground facility shall complete a study analyzing the archeological
or paleontological impacts if their property is located in an area that is archeologically
sensitive per City records or has a high potential for paleontological impacts as indicated
by the City's Geographical Information System.
(e) 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.
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.
Section 3. Effective Date: This ordinance shall take effect 30 days from the date of
its adoption.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance. The City Council of the City of Menifee hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases,
or portions be declared invalid or unconstitutional.
Section 5. The city clerk shall certify to the adoption of this ordinance and cause the
same to be published in the manner prescribed by law.
4
City of Menifee Ordinance No. 2013-119
Detached accessory buildings
PASSED, APPROVED AND ADOPTED THIS 16`h day of July, 2013.
Scott A. Mann, Mayor
APPROVED AS TO FORM:
qJHaywar d- igg Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the
attached Ordinance No. 2013-119 to be the original ordinance adopted by the City Council of
the City of Menifee on July 16, 2012 and that said ordinance was published in accordance with
the law.
Date:
Kathy Bennett, City Clerk
5
Scott A.Mann
Mayor
Wallace W.Edgerton STATE OF CALIFORNIA )
DeputyMayor COUNTY OF RIVERSIDE ) ss
John V.Denver CITY OF MENIFEE )
Councilmember
1, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the
Thomas Fuhrman foregoing Ordinance No. 2013-119 was duly adopted by the City Council of the
Councilmember City of Menifee at a meeting thereof held on the 16th day of July 2013 by the
Greg August following vote:
Councilmember
Ayes: August, Edgerton, Fuhrman, Mann
Noes: Denver
Absent: None
Abstain: None
Kathy Bennett, City Clerk
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.6793843
www.cityofinenifee.us