Temecula Extends Urgency Ordinance On State Law Meant To Spur Housing

TEMECULA, CA — For another year, Temecula will continue to grapple with a new state law that lets property owners build more than one home on lots zoned single-family residential.

During the Jan. 24 Temecula City Council meeting, councilmembers voted 5-0 to extend an urgency ordinance on the implementation of Senate Bill 9, which took effect statewide on January 1. Dubbed the California Home Act, the law allows owners of single-family homes to split their land and construct up to four residences on a lot zoned for a single house.

For example, a property can be split in such a way that an existing home and an accessory dwelling unit are on one half and a duplex can be built on the other half.

The city already has an urgency ordinance in place, but the Jan. 24 vote provides an extension through February 2024. Per state law, no further extensions can be implemented in Temecula.

The added time will allow city staff to research and prepare a permanent local ordinance to address SB-9, according to city staff and councilmembers. Among considerations the city must undertake are police and fire services, traffic, water, sewer, trash and schools.

"We just want to do it right for the city of Temecula," said Mayor Pro Tem James "Stew" Stewart.

Property owners can currently apply for a lot split, but they need to follow the urgency ordinance until a final is adopted. For those who do split their lots, they can sell the other half, city staff pointed out.

Cities and counties can't prevent a lot split or construction under SB-9's provisions, but homeowners must comply with local planning requirements (height, floor area ratios, etc.). The city has design standards in place.

Senate Bill 9 does have restrictions in place for historic properties and those in earthquake fault zones, flood and/or high-risk fire areas.

Temecula is filled with single-family residential communities, many of which are part of homeowners associations. Senate Bill 9, as currently written, does not address HOAs. Instead, cities across the state are directing property owners who are interested in building under the new law's provisions to first check with their HOA.

Well over half of Temecula (see map below) is zoned residential. In theory, all single-family residential lots could expand to include four residences on each, according to SB-9.

During the Jan. 24 City Council meeting, two public commenters people spoke in favor of SB-9 and urged the city to remove immediate barriers. One person spoke against the state law.

As written, SB-9 is designed to spur the construction of more affordable housing in the state and gives homeowners the ability to profit from their investments.