What can you build under SB 9 in Temecula?

You may be looking at a single-family property in Temecula and wondering whether SB 9 creates room for another home, an accessory dwelling unit, or a two-lot project. The short answer is that an eligible parcel can have up to four units, but the allowed arrangement and development standards depend on whether the parcel is split.

The controlling local rule is Temecula Municipal Code Section 17.06.120. The code lists Ordinance 2023-14 dated January 9, 2024 as the source. This is general information and not legal advice.

What can you build under Temecula’s SB 9 code?

Temecula’s code allows up to four units on an eligible single-family zoned parcel, whether or not the owner completes an urban lot split.

Without a lot split, the code permits two primary dwellings plus two accessory dwelling units, or two primary dwellings plus one accessory dwelling unit and one junior accessory dwelling unit.

With an urban lot split, each resulting parcel can have no more than two units, for a total of four. The code defines an urban lot split as a parcel map subdivision of a single-family residential parcel that creates no more than two parcels of approximately equal lot area.

These are maximum configurations, not a finding that a particular property qualifies or can physically fit every allowed unit. Buyers comparing SB 9 with an accessory dwelling unit can also review the California ADU rules guide.

Which properties may be excluded?

An SB 9 project is prohibited on certain properties identified in the code, so parcel eligibility needs to be checked before relying on the four-unit limit.

The exclusions include historic resources, prime farmland, wetlands, lots subject to a recorded affordability covenant, and a lot improved with a housing unit occupied by a tenant at any time during the prior three years. The code also addresses mapped fire hazard areas, earthquake fault zones, Federal Emergency Management Agency flood hazard areas and floodways, conserved lands, conservation easements, and protected habitat. Some categories include stated exceptions or conditions.

That is not the complete list in Section 17.06.120. It also does not establish whether any particular Temecula parcel falls inside or outside one of those categories. A buyer considering an undeveloped or unusually configured parcel can start with the guide to buying land in Temecula, then verify the property’s zoning and constraints with the applicable agencies. Buyers comparing property types may also find Temecula’s new-build or resale guide useful.

We spoke with a Temecula homeowner who believed SB 9 automatically allowed four homes on any single-family lot. His property’s size made the idea appear workable, but eligibility depended on more than fitting additional buildings on a sketch. We reviewed the parcel, existing improvements and applicable exclusions before discussing what he could realistically build.

How can the four units be arranged on the site?

The units are subject to Temecula’s front, side, rear, building separation, and size standards.

Residential structures follow the front yard setback assigned to the parcel’s zoning district in Table 17.06.040. Interior side and rear yard setbacks are at least four feet. A detached habitable building cannot be closer than ten feet to another habitable building on the same lot. Accessory structures must maintain at least six feet of separation from other structures.

A unit must have at least 150 square feet of living area. The code does not set a maximum size for the two primary dwellings beyond applicable setbacks and lot coverage. Any other unit is limited to 1,200 square feet. The standards cannot be enforced if they would prevent construction of up to two 800-square-foot units on one lot.

What design rules apply?

Temecula applies objective design and site standards to SB 9 development, including rules for materials, windows, lighting, roof areas, and trees.

Single-family residences receive ministerial review by the director of community development against the code’s criteria. Shiny, mirror-like, or glossy metallic roofing and siding are prohibited. Roof tiles are to match the materials and colors of the existing residential unit. For a garage converted into a unit, the garage door opening is to be replaced with matching wall covering or residential windows and doors.

Upper-story windows are to be clerestory windows, have a sill at least six feet above the finished floor, or use manufacturer-produced opaque or frosted glass. Film or another covering applied after manufacture does not satisfy the requirement.

Exterior lighting is to be fully shielded and face downward in compliance with Riverside County Ordinance No. 655, the Palomar Observatory Light Pollution Ordinance. No uplighting of any kind or intensity is allowed. Roof decks and patios at or above a residence’s eaves are prohibited. Development is also subject to Chapter 8.48, the Heritage Tree Ordinance.

What parking and utility work is required?

The code generally requires one off-street automobile parking space per unit and individual utility meters for each unit.

No parking is required when the parcel is within one-half mile walking distance of a high-quality transit corridor or major transit stop, or when a car share vehicle is within one block. Replacement parking is required when a garage or carport is demolished or converted, unless the Government Code exception cited by the municipal code applies.

Each unit is to be designed as an individual unit and have its own utility meters. Before a building permit, the applicant must provide written verification from the water and wastewater utility providers that adequate capacity is available.

If an onsite wastewater treatment system is used, the project must comply with Riverside County Municipal Code Chapter 8.124. A new or expanded system also requires a percolation test submitted with the application. Development impact fees apply under City Council Resolution No. 03-63, but the section does not state the amount.

What must be recorded before a building permit?

Before a building permit is issued, the owner must record a city-approved covenant against the property.

The covenant must be in a form prepared by and acceptable to the city attorney. It addresses the prohibition on demolishing or altering rent-restricted housing or housing occupied by a tenant during the prior three years. It also requires rental terms of at least 31 consecutive days and states that the parcel has not had rental accommodations withdrawn under the state law the code cites, Government Code Section 7060, during the prior 15 years.

The restriction runs with the land, binds future owners, and is enforceable by the city. Noncompliance can provide cause for legal action. If the city has to sue, the code states that it is entitled to attorneys’ fees and court costs.

Section 17.06.120, as read, does not mention an owner-occupancy rule. It limits substantial redevelopment of existing buildings unless the replacement meets current standards or a nonconforming structure is rebuilt in the same location with the same dimensions.

Can an SB 9 unit become a short-term rental?

No, a unit constructed under Temecula’s SB 9 section cannot be rented for fewer than 31 days.

The development standards prohibit renting any unit built under the section for less than 31 days. The recorded covenant separately requires a rental term of at least 31 consecutive days.

The city’s Short-term Rentals page defines a short-term rental as a dwelling unit shared for temporary occupancy for up to 30 consecutive days. That includes a full home or a room offered through Airbnb, VRBO, or another platform. The city says short-term rentals were already prohibited and that the City Council reaffirmed the prohibition on January 14, 2020. The page lists fines of up to $1,000 per day and says continued illegal operation may lead to legal action.

City rules apply inside Temecula. Temecula Wine Country, De Luz, and other unincorporated Riverside County areas are regulated by the County of Riverside. The city’s page links to a map application for checking city limits, but the county’s short-term rental rules are outside the source reviewed here.

The short version

An eligible single-family zoned parcel in Temecula can have up to four units under Section 17.06.120. Without a split, the combinations use two primary dwellings with ADUs or an ADU and JADU. With an urban lot split, each new parcel is limited to two units.

Eligibility and development standards determine what is possible on a particular parcel, and the building official may deny an application upon making both written findings identified in the code.

For context on the property’s current estimate before comparing development options, check the home value tool.