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HomeMy WebLinkAbout2025-05 CC Ordinance ORDINANCE NO.2025-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ALLOW FOR AN AUTO MALL (10 ACRES OR GREATER) AS A CONDITIONALLY PERMITTED USE IN THE COMMUNITY COMMERCIAL ZONING DISTRICT AND MAKING A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES SECTION 15061 (B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions to portions of Title 17 (Zoning) of the Temecula Municipal Code to provide that auto malls greater than 10 acres in size are a conditionally permitted use in the Community Commercial Zoning District("Code Amendment"). B. As required by State law, the Planning Commission considered the proposed Code Amendments on December 18, 2024, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2024-24, recommending that the City Council approve the Code Amendment set forth in this Ordinance. D. The City Council,at a regular meeting,considered the Ordinance on April 22,2025, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The Community Commercial Land Use Designation allows for large retail uses which are typically between 10 and 50 acres in size. Additionally, auto repairs are conditionally permitted uses in the Community Commercial (CC) zoning designation. The proposed amendment will amend the Municipal Code to provide that an auto mall that is 10 acres or greater,is a conditionally permitted use in the CC zone. This revision is consistent with the General Plan. 2. The proposed uses are in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed change to Title 17 conform with the goals,policies,programs and guidelines of the elements of the General Plan. Goal 2 of the Economic Development Element of the Temecula General Plan states that the City should have "A diverse economic base including a range of manufacturing, retail, service, and knowledge-based professional activities." Additionally, Goal 3,of the Economic Development Element of the General Plan states, "A sound economic base providing a fiscal foundation for the City, quality community facilities, and high service levels." Policy 3.4 of the Economic Development Element of the General Plan states, "Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecula as a retail center." The proposed Municipal Code amendment would further the City's ability to attract retailers and additional taxable sales. The proposed amendment to the Temecula Municipal Code does not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The Community Commercial General Plan Designation allows for retail uses greater than 10 acres. Retail and auto repair uses are already permissible in the City's zoning schedule of permitted uses (Table 17.08.030). The proposed amendment to Title 17 would conditionally permit a use for an auto mall. An auto mall is composed of two uses that are already permissible in the City's zoning,retail and auto repair. retail and auto repair). The proposed change will ensure consistency with the Temecula General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA")pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. Large retail uses which are usually between 10 to 50 acres in size are already are allowable uses in the Community Commercial Land Use designation. An auto mall is a large retail use and is consistent with the uses allowed in the Community Commercial Land Use designation. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Table 17.08.030(Schedule of Permitted Uses Commercial/Office/Industrial Districts)of Section 17.08.030(Use regulations.)of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as 2 follows(with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged: Table 17.08.030 :eLVA Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Automobile sales with outdoor display/storage of - C" - C - - C vehicles' Notes: 17 Conditionally Permitted if a planned Auto Mall is 10 acres or greater. Section 5. Subsection D of Section 17.10.020(Supplemental Development Standards) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows(with additions appearing in underlined text) with all other provisions of Section 17.10.020 remaining unchanged: "D. Automobile, Auto Mall, Motorcycle and Truck Dealership Landscape Standards 1. Landscape Standards. The following standards shall be applied to all new automobile,motorcycle and truck dealerships or substantial alterations to existing automobile, motorcycle and truck dealerships: a. Display Areas. A minimum five-foot wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A one- foot strip, made of concrete or other materials acceptable to the community development director, shall be located next to the curb immediately adjacent to the end display parking space. Such landscape islands shall have a mixture of trees, shrubs and groundcover and shall have automatic irrigation system consistent with the city's adopted Water Efficient Landscape Design Ordinance. b. Street Frontages. All portions of the property which have street frontage shall meet one of the following criteria: i. A minimum of twelve feet of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by drought tolerant, low growing shrubs, groundcover; or ii. A minimum of twenty feet of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet of the landscape area. (A) Display areas shall be of pervious hardscape, a maximum of twenty feet in length and shall be surrounded by drought tolerant, low growing shrubs and groundcover. 3 (B) The number of display areas allowed shall be calculated in the following manner: three display spaces per one hundred linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up. (C) No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas. c. Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten-foot wide landscape buffer. d. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five-foot wide landscape buffer. e. All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage and shall be subject to the landscape requirements contained in Section 17.24.050(H)of the development code. f. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. g. Inventory and vehicle-in-repair storage areas on the site shall be clearly identified and will not need to be internally landscaped. If they are located on the perimeter or adjacent to residential development or sensitive areas they shall be screened in the manner discussed above." Section 6. Subsection A of Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition for"Auto Mall"to read as follows with all other provisions of Section 17.34.010 remaining unchanged: "Auto Mall" means an area with multiple automobile/truck dealers which sells new and used automobiles and/or trucks of one ton or less capacity,including the repairing of same, in a planned area of 10 acres or greater.The definition does not limit the ability to subdivide parcels in a planned auto mall in accordance with the City's development standards. Section 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 4 Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after Ipassage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of May, 2025. Brenden Kalfus, Mayor ATTEST: Randi Joh , City lerk [SEAL] I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2025-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of April, 2025, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of May, 2025, by the following vote: AYES: 5 COUNCIL MEMBERS: Alexander, Kalfus, Rahn, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None Randi Johl, City Clerk I