Temecula planning commission adopts update to ADU rules to align with state law

The Temecula Planning Commission voted 4-0 April 16 to adopt a proposed amendment to Title 17 of the Temecula Municipal Code that rewrites the city’s ADU regulations to conform to recent state legislation and to codify several local standards.

Staff member Mark said the ordinance would replace Chapter 17.23 in its entirety and that most changes update government-code cross-references and clarify definitions and standards. “The proposed ordinance replaces chapter 17.23, accessory dwelling units, in its entirety,” Mark said during his presentation.

The package makes several substantive changes that staff and commissioners discussed. The city will retain the general limit of two ADUs per single-family lot (one detached or attached ADU plus one junior ADU, or JADU). The draft updates the JADU definition to include required cooking facilities and reduces the minimum JADU size from 220 to 150 square feet. It also clarifies that JADUs without a restroom must maintain internal access to the primary residence.

Detached ADU height limits are set at 16 feet on single-family lots, with state-allowed exceptions that permit 18 feet within a half-mile of a major transit stop and an additional two feet where needed to match an existing roof pitch. Attached ADUs may be built to 25 feet or the zone’s height limit, whichever is lower. The ordinance also increases the number of ADUs allowed in multi-story multifamily projects from two to eight (ADUs only; no JADUs) but caps ADUs at no more than the number of existing or proposed residential units.

The draft preserves a locally adopted six-foot separation requirement between an ADU and the primary residence for safety and egress but includes an exception so that enforcement of that separation will not be applied if it would preclude construction of an ADU required by state law. Staff reiterated that applicants bear the burden of demonstrating when local standards would preclude construction of an 850-square-foot (studio or one-bedroom) ADU or a 1,000-square-foot ADU for more than one bedroom, at which point state law would control.

Other local clarifications in the draft include codified addressing requirements (for example: “123 Main Street Unit 1”), a covenant requirement prohibiting separate sale of ADUs and JADUs, and a provision encouraging ADU design to match the primary residence in materials and color or to use a city permit-ready ADU plan. Staff also noted corrections to fee and utility-connection references and typographical updates throughout the chapter.

Staff said the city must submit the adopted ADU ordinance to the California Department of Housing and Community Development (HCD) for review under planning-and-zoning code subsection 66326a. Staff also determined the ordinance is statutorily exempt from CEQA under section 15282(h).

Commissioners asked clarifying questions about the transit-stop height exception, the scope of addressing rules, and the practical effects of the six-foot separation and the state-size preemption. Commissioner Gary Watts asked whether any major transit stops in Temecula qualified for the 18-foot exception; staff said not under the current definition except for the mall-area stop. Commissioner Bob Hagel and others praised the presentation and asked staff to preserve life-safety addressing and access requirements. After discussion, Commissioner Gary Watts moved to adopt the resolution as recommended by staff; a second was given and the motion carried 4-0.

The commission’s action sends the ordinance forward for City Council review; staff said the item is scheduled for City Council on May 13 and will be submitted to HCD for review if approved by the council.

The Planning Commission record shows no public speakers on this item. Staff noted the ordinance reflects state law changes and that the primary changes are to references, definitions, and a handful of locally retained or clarified standards.