2017-207 Accessory Dwelling Units Chapter 9.43 Ordinance No. 2017-207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING THE MENIFEE MUNICIPAL CODE BY REPEALING
ORDINANCE NO. 348, SECTION 18.28a AND ADOPTING A NEW CHAPTER
9.43 "ACCESSORY DWELLING UNITS"
Whereas, on October 1, 2008, the City of Menifee incorporated, becoming the local
government authority for the City's corporate boundaries; and
Whereas, on December 18, 2013, following the certification of an Environmental Impact
Report (State Clearinghouse # 2012071033), the City Council of the City of Menifee adopted a
comprehensive General Plan for the City, including Goals and Policies for the safe and
responsible growth and development of the community; and
Whereas, the City Council of the City of Menifee seeks to implement Senate Bill 1069
(SB1069) (Chapter 720, Statutes 2016) and Assembly Bill 2299 (AB2299) (Chapter 735, Statutes
2016) through implementation of regulations concerning accessory dwelling units in residential
zones; and
Whereas, accessory dwelling units are commonly referred to as "second units," and are
additional living quarters on single-family lots that are independent of the primary dwelling unit.
They are also known as accessory apartments, accessory dwellings, mother-in-law units, or
granny flats. They may be either attached or detached to the primary dwelling unit, and they
typically provide complete independent living facilities, including facilities for living, sleeping,
eating, cooking, and sanitation; and
Whereas, state lawmakers are increasing concerned about the unaffordability of housing
in the State of California, and
Whereas, the State Legislature adopted SB 1069 and AB 2299 in order to eliminate
barriers to accessory dwelling unit construction that the Legislature has determined is a common-
sense, cost-effective approach to accommodate future growth and to encourage infill
development in developed neighborhoods; and
Whereas, Section 65582.1 of the California Government Code provides that accessory
dwelling units are one of the reforms and incentives adopted to facilitate and expedite the
construction of affordable housing; and
Whereas, Section 65852.150(a) of the California Government Code provides that
accessory dwelling units are a valuable form of housing; that they may provide housing for family
members, students, the elderly, in-home health care providers, the disabled, and others at below
market prices within existing neighborhoods; that they may add income and an increased sense
of security to homeowners; that they will provide additional rental housing stock; that they offer
lower cost housing to meet the needs of existing and future residents within existing
neighborhoods, while respecting architectural character; and that they are an essential
component of California's housing supply; and
Whereas, Section 65852.2(a)(4) of the California Government Code provides that any
local ordinance that is inconsistent with Section 65852.2 shall be null and void and state law shall
apply unless or until the local agency adopts an ordinance consistent with this new law; and
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Whereas, Section 65852.150(b) of the California Government Code provides that the
Legislature's intent with the adoption of SB 1069 was that local agencies adopt an ordinance
relating to matters including unit size, parking, fees, and other requirements that are not so
arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to
create accessory dwelling units in zones in which they are authorized by local ordinance; and
Whereas, on February 22, 2017 the Planning Commission held duly advertised public
hearings on the recommended Notice of Exemption and proposed Code Amendment by way of
DCA 2017-032, opened the hearing to public testimony, as well as reviewed all materials in the
staff report and accompanying documents to establish a new Chapter 9.43 "Accessory Dwelling
Units"within the City of Menifee Municipal Code pertaining to the standards and criteria applicable
to accessory dwelling unit regulations and permitting; and
Whereas, at the February 22, 2017 Planning Commission public hearing, based upon all
materials and testimony considered, the Planning Commission adopted a resolution
recommending that the City Council find the Ordinance exempt from environmental review under
the California Environmental Quality Act and adopt the Ordinance; and
WHEREAS, on March 15, 2017, the City Council held a duly noticed public hearing
concerning the proposed Ordinance, introduced and conducted a first reading of the Ordinance,
and considered testimony and evidence at the Public Hearing held with respect thereto; and
WHEREAS, on April 5, 2017, the City Council conducted a second reading of the
Ordinance; and
WHEREAS, the City Council has considered the requirements of the California
Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et. seq.); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
Section 1. That the City Council find, for the reasons detailed upon that Notice of
Exemption, that the proposed Code Amendment is exempt from further environmental review and
authorize staff to sign and forward the Notice of Exemption.
Section 2. The City Council hereby finds that the proposed Ordinance is consistent with
the City's General Plan, including the following Goals and Policies of the City's General Plan:
Goal LU-1: Land uses and building types that result in a community where residents at all
stages of life, employers, workers, and visitors have a diversity of options of where they
can live, work, shop, and recreate within Menifee.
Policy LU-1.1: Concentrate growth in strategic locations to help preserve rural areas,
create place and identity, provide infrastructure efficiently, and foster the use of transit
options.
Policy LU-1.2: Provide a spectrum of housing types and price ranges that match the jobs
in the city and make it possible for people to live and work in Menifee and maintain a high
quality of life.
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Policy LU-1.3: Develop senior housing in neighborhoods that are accessible to public
transit, commercial services, and health and community facilities.
Policy LU-1.9: Allow for flexible development standards provided that the potential
benefits and merit of projects can be balanced with potential impacts.
Goal HE-1: A diverse housing stock that offers a full range of housing opportunities for
Menifee residents and supports the local economy.
Policy HE 1.3: Housing Diversity. Provide development standards and incentives to
facilitate a range of housing, such as single family, apartments, senior housing, and other
housing types in rural, suburban, and urban settings.
Policy HE 1.4: Entitlement Process. Provide flexible entitlement processes that facilitate
innovative housing solutions, yet balance the need for developer certainty in the approval
process.
Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure,
community amenities, and public services and facilities.
Policy HE-2.1: Housing Conditions. Support the improvement, rehabilitation, and
maintenance of our housing resources to strengthen residential neighborhoods, offer
quality housing, and maintain community property values.
Goal HE-3: Improved opportunities for moderate and low income residents and those with
special needs to rent, purchase, or maintain adequate housing.
Policy HE-3.3: Special Needs. Support the provision of community services and housing
for people with special needs, such as disabled people, seniors, lower income families,
and people without shelter.
Section 3. The City Council of the City of Menifee find that the proposed Code
Amendment by way of DCA 2017-032 is consistent with the requirements of the City of Menifee
Municipal Code regarding the process of amending the Municipal Code.
Section 4. The City Council of the City of Menifee find that with the creation of a new
Municipal Code Chapter 9.43 "Accessory Dwelling Units" for the City of Menifee that Ordinance
No. 348, Article XVIII Section 18.28a, as previously adopted by the Menifee Municipal Code, is
no longer needed and therefore should be repealed and of no further force or effect.
Section 5. The Menifee Municipal Code is hereby amended to add a new Chapter 9.43
"Accessory Dwelling Units" in its entirety as follows:
"Chapter 9.43 Accessory Dwelling Units
Section 9.43.010 Purpose
Section 9.43.020 Definitions
Section 9.43.030 Approval Authority
Section 9.43.040 Application and Processing
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Section 9.43.050 Administrative Relief
Section 9.43.060 Development Standards
Section 9.43.070 Utility Connections
Section 9.43.080 Violations
Section 9.43.010 Purpose
Accessory dwelling units (ADU) as defined herein are a permitted accessory use. This Chapter
establishes location and development standards for the construction and occupation of
Accessory dwelling units on single-family residential lots. The standards herein serve to ensure
Accessory dwelling units are constructed in a manner that is consistent with the requirements and
allowances of State law.
An Accessory dwelling unit does not exceed the allowable density for a lot upon which an ADU is
built. ADUs are a residential use that is consistent with the existing general plan and zoning
designation.
Section 9.43.020 Definitions
"Accessory dwelling unit" means an attached or a detached residential dwelling unit which provides
complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the single-
family dwelling is situated. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code'
b. A manufactured home, as defined in Section 18007 of the Health and Safety Code
"Passageway" means a pedestrian pathway that is unobstructed clear to the sky and extends from
a street to one entrance of the accessory dwelling unit.
Section 9.43.030 Approval Authority
This Chapter is enacted to preserve the residential character of the City's neighborhoods and
protect the property values of adjacent property owners while allowing accessory dwelling units
in appropriate areas. An accessory dwelling unit, per State law, must be ministerially approved if
such a unit conforms to all of the requirements established within this Chapter.
Approval of an accessory dwelling unit, although ministerial from a land use prospective, is subject
to all applicable building, fire, engineering, flood, water quality, environmental, etc., codes, as well
as all applicable fees.
Section 9.43.040 Application and Processing
A. ADUs within Permitted Existing Space. Applications for an accessory dwelling unit within
an existing permitted space including, the primary structure, an attached or detached garage
or other accessory structure shall be permitted ministerially with a building permit if it complies
with the following:
1 As of the writing of this ordinance, an "efficiency unit" as defined under California Health and
Safety Code section 17958.1 is a type of ADU and has a minimum floor area of 150 square feet
and may also have partial kitchen or bathroom facilities.
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1. The lot is zoned for residential uses and contains an existing, single-family dwelling;
2. Only one (1) ADU is allowed per lot/parcel;
3. The ADU complies with Building & Safety Codes (determined during permit review);
4. Side and rear setbacks are sufficient for fire safety (determined during permit review);
5. If a private sewage disposal system is used, the applicant has obtained approval from a
local health officer;
6. Independent exterior access from the existing residence is provided; and,
7. The ADU shall not be for sale separate from the primary residential dwelling on site.
B. ADUs not within Existing Space. Applications for an accessory dwelling unit not located
within an existing permitted structure or dwelling shall be made to the Community
Development Department on forms provided for that purpose.
1. Applications shall include the following, at minimum:
a. The name and address of the applicant, the name and address of the property
owner (if different than the applicant), and the location of the property in question
(including an APN number).
b. A detailed description and scaled, dimensioned floor plan of the proposed ADU,
clearly illustrating the bedroom(s), bathroom(s), kitchen and other features or other
proposed habitable areas.
c. A detailed description and scaled, dimensioned elevation of the proposed ADU,
clearly illustrating the exterior of the ADU.
d. A scaled, dimensioned site plan of the property clearly illustrating the location of
all improvements on site (existing primary residence, garage, driveway{s},
fences/walls, accessory structures, public right-of-way improvements, etc.) and
where the ADU shall be located.
e. The scaled, dimensioned site plan of the property shall note the use(s) of all
buildings existing on site.
f. Other information deemed necessary to make the required findings as specified
herein.
2. Applications shall be permitted ministerially within 120 days of application if all applicable
requirements and development standards of this Chapter are met and no variances or
administrative relief requests are required. An ADU must be approved by a local health
officer' if a private sewage disposal system is used.
3. The Community Development Director may approve an accessory dwelling unit that is not
in compliance with the development standards of this chapter if the findings for
administrative relief can be met.
Section 9.43.050 Administrative Relief
A. Purpose. The administrative relief procedure established by this section is intended to allow
for flexibility in regulations when a standard is inapplicable or inappropriate to a specific use
or design. Administrative relief approval is required when any deviation is proposed from the
2 As of the writing of this ordinance, this would be provided by Riverside County Department of
Environmental Health
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ADU development standards and requirements set forth in this chapter. Administrative relief
may not be granted for number of ADUs on a parcel or separate sale requirements.
B. Application. The information listed below is required at the time an administrative relief
application is submitted to the Community Development Department.
a. A complete and signed application.
b. A letter of justification describing the request, including the specific provisions of this
Chapter from which relief is being sought. The letter shall also explain how the required
findings for administrative relief can be made.
c. A processing fee as set forth by resolution of the City Council.
d. Other information as required by the Community Development Director.
C. Approval body.
1. The Community Development Director shall have the authority to approve an
administrative relief request in the following circumstances:
a. Parking reduction by no more than one (1) space;
b. Architectural style;
c. Location of the ADU in front or side of parcel;
d. Increase in the permitted size for detached ADUs by no more than 10%.
2. Any request for administrative relief that is accompanied by an application for another land
use approval, such as a conditional use permit, shall be acted upon by the approval body
for the other approval.
3. For all other requests, the Planning Commission shall be the approval body.
D. Hearing and notice. In situations where the Community Development Director is acting as
the approval body, no public hearing or notice shall be required. In situations where the
Planning Commission is acting as the approval body, at least one noticed public hearing shall
be held concerning the administrative relief request, and the Planning Commission shall by
resolution approve, deny, or approve in modified form the administrative relief request based
on the findings set forth in division (E) of this section.
E. Findings. In order for the approval body to approve administrative relief from the ADU
standards, the approval body shall make all of the following findings.
1. The intent of this chapter is being preserved.
2. The ADU would not be detrimental to the public health and safety.
3. The ADU would not introduce unreasonable privacy impacts to the immediate neighbors.
4. The proposed ADU will not negatively impact the aesthetics of the subject site or the
surrounding properties.
F. Appeal. An action of the Community Development Director with respect to an administrative
relief application may be appealed to the Planning Commission, and an action of the Planning
Commission may be appealed to the City Council. Appeals shall be filed and processed in
accordance with § 2.20.150 of this code.
G. Enforcement and Revocation. Any administrative relief approval may be revoked upon
failure to comply with any of the conditions or terms of approval, or if any law or ordinance is
violated in connection with the administrative relief approval.
Section 9.43.060 Development Standards and Requirements
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Accessory Dwelling Units shall comply with the following development standards:
A. The lot is zoned for residential uses and contains an existing, single-family dwelling.
a. In cases where the general plan and zoning are not consistent, the general
plan land use designation shall prevail for new detached ADUs.
B. Only one (1) ADU is allowed per lot/parcel.
C. The ADU must be on the same lot as the existing dwelling.
D. The ADU shall not be for sale separate from the primary residential dwelling on site.
E. The primary residential dwelling or the ADU shall be occupied by the owner of the property.
F. The minimum lot area required to establish a detached ADU shall be 7,200 square feet.
There is no minimum lot area required for an attached ADU.
G. Total lot coverage, including the ADU, shall be as permitted within the underlying zoning
district. If no lot coverage is specified, the maximum lot coverage allowed is 50%.
H. The increased floor area of an attached accessory dwelling unit shall not exceed 50% of
the existing living area of the primary dwelling unit to which it is attached, with a maximum
increase in floor area of 1,200 sq. ft. For attached accessory dwelling units located within
a detached garage or structure, the maximum floor area shall be 1,800 sq. ft.
I. For ADUs on lots less than 20,000 sq. ft., the total area of floor space for a detached
accessory dwelling unit shall not exceed 1,200 sq. ft. For ADUs on lots over 20,000 sq.
ft. the total area of floor space for a detached accessory dwelling unit shall not exceed
1,800 sq. ft.
J. ADUs shall follow the development standards of the zone in which a lot is located,
including but not limited to height, lot coverage, and setbacks with the exception of ADUs
above garages or within converted garages.
K. For ADUs built above existing permitted garages, setbacks of no more than five (5) feet
from the side and rear lot lines are required. In cases in which the existing permitted
garage is converted into an ADU, no additional setbacks are required.
L. ADUs shall be located at the rear or the side of the one family dwelling unless the
Community Development Director determines through the administrative relief process,
that the ADU may be located in front of the one family dwelling due to special and
extraordinary circumstances such as the existing location of the one family dwelling or
physical constraints of the lot.
M. No passageway shall be required in conjunction with the construction of an ADU.
N. Parking Requirements:
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1. One (1)off-street parking space shall be required per unit or per bedroom. A maximum
of two (2) parking spaces shall be required for any ADU.
2. Off-street parking shall be permitted in setback areas in locations determined by the
City or through tandem parking, unless these parking spaces are not feasible based
upon specific site or regional topographical or fire and life safety conditions.
3. If a garage, carport, or covered parking structure is demolished in conjunction with the
construction of an ADU, the replacement spaces may be located in the existing
driveway, through tandem parking, covered spaces or other uncovered parking
spaces.
4. Additional parking shall not be required for an ADU in any of the following instances:
a. The ADU is located within one-half(1/2) mile of public transit;
b. The ADU is located within an architecturally and historically significant historic
district;
c. The ADU is part of the existing primary residence or an existing accessory
structure;
d. When on-street parking permits are required but not offered to the occupant of
the ADU; or
e. When there is a car share vehicle located within one block of the ADU.
O. New Detached or Attached ADUs shall be compatible with the architectural style of the
primary residence in design features. No bare metal, unpainted or unfinished structures
are allowed. To determine Architectural Compatibility, the accessory structure must
possess at least three (3) of the following traits in common with the primary building on
site:
1. Wall covering materials (wood, stucco, metal);
2. Wall texture (smooth, stucco, lace stucco, lap siding);
3. Roofing material (tile, shake, composition, metal);
4. Roofing pitch (flat, two {2} and twelve {12} slope, steep);
5. Structural eaves (present or absent, and when present the extent/distance projecting
from supporting wall);
6. Mass and scale of structure relative to structural height (short and broad, tall and
thin, massive);
7. Window characteristics (few or numerous, single pane, multi-pane, decorative); and
8. Decorative treatments (pop-outs, columns, dormers, window surrounds, decorative
arches).
P. Outside stairways serving ADUs shall not be constructed on any building elevation facing
a public street.
Q. ADUs shall not be required to provide fire sprinklers if they are not required for the primary
residence and may employ alternative methods for fire protection.
R. Any ADU located more than one hundred and fifty feet from a public right-of-way shall
provide all weather access for emergency vehicles.
S. Prior to issuance of a building permit, the applicant shall grant to the City an irrevocable
offer of dedication (IOD) for any additional right-of-way required to be consistent with the
General Plan Circulation Element, or provide for access to the project site, or to ensure
that previous dedications were properly provided with underlying subdivisions and lot splits
(prior to subdivision map act requirements).
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T. Prior to issuance of a building permit, public improvements may be required where public
health, safety or welfare conditions warrant additional improvements (i.e. paving for
emergency access).
U. Prior to issuance of a building permit, the applicant shall submit to the City Building and
Safety Department written certification from the affected water and sewer district(s) that
adequate water and sewer facilities are or will be available to serve the proposed ADU. For
units using septic facilities, written certification of acceptability, including all supportive
information, shall be submitted to the City's Building and Safety Department with any
application for a building permit for an ADU.
V. Based upon geographic constraints, review shall be required from the following agencies,
departments, divisions and districts:
a. Fire Department;
b. Riverside County Flood Control and Water Conservation District;
c. Environmental Programs Division of the Riverside County Planning Department;
d. Any other entities deemed necessary as determined by the Community
Development Director.
W. ADUs shall not be permitted in those areas of the City which have significant problems with
regard to water availability or quality, sewage disposal or other public health or safety
concerns. Prohibited areas shall include, but not be limited to, those areas where a
development moratorium has been imposed, including a moratorium for water or sewer,
whether imposed by the City or another public agency with the authority to impose a
development moratorium.
Section 9.43.070 Utility Connections
A. ADUs shall not be considered new residential uses for the purposes of calculating local
agency connection fees or capacity charges for utilities, including water and sewer service.
B. ADUs built in existing spaces or by converting accessory structures shall not require the
applicant to install a new or separate utility connection or impose a related connection fee
or capacity charge.
C. For ADUs not built in existing spaces or by converting accessory structures, a new or
separate utility connection directly between the accessory dwelling unit and the utility may
be required. The connection may be subject to a connection fee or a capacity charge
that shall be proportionate to the burden of the proposed accessory dwelling unit, based
upon either its size or the number of its public fixtures, upon the water or sewer system.
Section 9.43.080 Violations
Violations of this chapter may be enforced by any means available to the City, including but not
limited to criminal enforcement, nuisance abatement, civil action, and administrative citation.
Section 6. Notice of Adoption. The City Clerk shall certify to the passage and
adoption of this Ordinance, and shall cause the same to be published within fifteen (15) days after
passage in accordance with law, and shall cause this Ordinance and its certification, together with
proof of publication, to be entered in the Book of Ordinances of the City of Menifee.
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Section 7. Effective Date. This Ordinance shall take effect and be in full force and
operation thirty (30) days after its adoption.
Section 8. Severability. If any section, subsection, subdivision, 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 hereby declares that it would have adopted this
ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions thereof be declared invalid or unconstitutional.
APPROVED AND ADOPTED THIS 5th DAY OF APRIL, 2017.
Neil R.�, inter, Mayor
Attest:
S ah A. Manwaring, City Cler
Approved as to form:
ff� T. Melching, C V
ttorney
MENIFEE
Neil R.Winter STATE OF CALIFORNIA )
Mayor COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
Matthew Liesemeyer
Mayor Pro Tem I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2017-207 was duly adopted by the City Council of the
Greg August City of Menifee at a meeting thereof held on the 5'h day of April, 2017 by the
Councilmember following vote:
Lesa A.Sobek Ayes: August, Denver, Liesemeyer, Winter
Councilmember Noes: None
Absent: Sobek
John V. Denver Abstain: None
Councilmember
(,Sa,a'h A. Manwaring, City Cie I�
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofinenifee.us