HomeMy WebLinkAbout95-16 CC OrdinanceORDINANCE NO. 95-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA ADOPTING THE DEVELOPMENT CODE
AND CONSISTENCY ZONING MAP, AND AMENDING THE
ZONING MAP OF THE CITY TO BE CONSISTENT WITH
THE GENERAL PLAN
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plan as may be in effect in any such city; and
WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance
shall be consistent with the adopted general plan of the city; and
WHEREAS, the process of preparing the zoning ordinance has included a number of
opportunities for public and citizen involvement included a number of town meetings, technical
committee meeting and public hearings, and by making numerous copies of the plan and
associated documents available to the public; and
WHEREAS, the California Environmental Quality Act (CEQA), as amended (Sections
21000 through 21177 of the Public Resources Code), requires that prior to the approval of any
project the Lead Agency consider the potential impacts and effects of said project, consider
alternatives to the project, and identify mitigation measures necessary to reduce or eliminate the
impact of the project on the environment; and
WHEREAS, the City of Temecula has prepared a Negative Declaration for the Draft
Development Code and Consistency Zoning in accordance with the provisions of CEQA and the
CEQA Guidelines prepared by the Office of Planning and Research; and
WHEREAS, the Planing Commission has held duly noticed public hearings on March
20th, April 3rd, June 5th, June 19th, July 17th, August 21st, September 18th, and October 16th
1995 to consider the proposed Development Code, Consistency Zoning, and Negative
Declaration; and
WHEREAS, on October 16, 1995, the Planing Commission recommended to the City
Council that the Council approve and adopt the Draft Development Code, Consistency Zoning
and Negative Declaration; and
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WHEREAS, the City Council has held a duly noticed public heating on November 28,
1995 to consider the proposed Development Code, Consistency Zoning and Negative
Declaration; and
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. NEGATIVE DECLARATION. The City Council hereby adopts the Negative
Declaration of Environmental Impact pursuant to the provisions of the California Environmental
Quality Act for the Development Code and consistency rezoning.
Section 2. DEVELOPMENT CODE. The City Council hereby adds Title 17, Zoning,
to the Temecula Municipal Code, as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference as the Development Code and Zoning Ordinance for the City of
Temecula.
Section 3. ZONING MAP. The City Council hereby adopts Exhibit "B" as the Zoning
Map for the City of Temecula.
Section 4. SEVERABILITY. The City Council hereby declares that the provisions of
this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold
any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect
the validity of the remaining parts of this Ordinance.
Section 5. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted as required by law.
Section 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty
(30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and
cause copies of this Ordinance to be posted in three designated posting places.
Section 7. PASSED, APPROVED AND ADOPTED this 9th day of January, 1996.
~-~~M ~' ayor
ATTEST:
J~ Greek, CMC
City Clerk
[SEAL]
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I, JUNE S. GREEK, City Clerk of the City of Temecula do hereby certify that the
foregoing Ordinance No. 95-16 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 19th day of December, 1995, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of
Temecula on the 9th day of January, 1996, by the following vote of the Council:
AYES: 4
COUNCILMEMBERS: Birdsall, Roberts, Stone, Lindemans
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
City Clerk
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CHAPTER 17.17
PLANNED COMlVI~RCIAL DEVELOPMENT OVERLAY DISTRICT
Sections:
17.17.020
17.17.040
17.17.060
17.17.080
17.17.100
17.17.110
17.17.120
17.17.140
17.17.160
17.17.180
17.17.200
17.17.210
Planned Commercial Development Overlay District (PCDOD) Established.
Purposes
Definitions.
General Requirements: PCDOD.
Uses Permitted in the PCDOD Subject to Site Plan Approval
Requirements for Uses in the PCDOD Subject to Site Plan Approval
Uses Permitted in the PCDOD Subject to Specific Plan Approval
Procedures for Specific Plan Approval
Effect of Approval
Content of Specific Plan
Specific Plan Consistency
Amendment to Approved Plans
17.17.020 Planned Commercial Development Overlay District Established. The
Planned Commercial Development Overlay District is hereby established and shall be known
as "PCDOD."
17.17.040 Purposes. The Planned Commercial Development Overlay District is
designed to achieve the following purposes:
To provide for the classification and development of parcels of land as
complete, comprehensive, and integrated commercial projects so as to take
advantage of the superior environment which can result from large scale
community planning, and thereby reduce adverse environmental impacts of
uncoordinated development.
To permit limited uses as a matter of right, such as a comprehensive retail
center, while allowing for the diversification of land uses as they relate to each
other in a physical and environmental arrangement within the general
parameters of a retail or business park setting, while ensuring substantial
compliance with the provisions of this Chapter.
To provide for a zoning district encompassing various types of land uses such
as business parks, industrial parks, commercial centers, major value retailers,
power centers, or a combination of the uses through:
The development of a major retail center or "power center" as provided
in this Chapter, subject to site plan approval by the Planning
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Commission and City Council; or
The adoption of a specific plan and text materials which set forth land
use relationships and development standards to ensure that other
commercial development not approved through the site plan process
will be a comprehensive, integrated, and coordinated development for
property subject to this land use district.
17.17.060 Def'mifions. For the purposes of this Chapter, the following words and
phrases shall have the meanings set forth below:
'Major Value Retailer' shall mean an individual commercial retail establishment
conminting a gross floor area in excess of sixty-five thousand square feet (65,000 sq.
ft.). Such major value retailers shall include la~ge discount warehouse-style retail
sales enterprises such as Home Base, Home Depot, Price Club/Costco, as well as
large-space high-volume specialty stores, such as Good Guys, Circuit City, Super
Crown Books and Toys R Us. Major value retailers also include major discount
department stores, like Wal-Mart, K Mart and Target. Such retailers do high
volume, large quantity, low frills service and sales. The terminology for a major
value retailer shall mean either a single retail use or single user of retail floor area
within a free-standing building or a single use or single user of retail floor area
incorporated within or attached to a power center.
'Power Center' shall mean a combination of one or more commercial establishments
planned, developed, and constructed on a single lot or parcel of land which includes
at least one major value retailer utilizing a gross floor area in excess of ninety
thousand square feet (90,000 sq. ft.).
Section 17.17.080. General Requirements: PCDOD. The foilowing requirements
shall apply to all PCDOD areas:
Use regulations as set forth in Section 17.08.030 of this Development Code
pertaining to the Service Commercial (SC) zoning district, including uses listed
in Table 17.08(a).
Special use regulations and standards as set forth in Section 17.08.050 of this
Development Code.
Landscape requirements and standards as set forth in Section 17.08.060 of this
Development Code pertaining to the Service Commercial (SC) zoning district.
Performance standards as set forth in Section 17.08.070 of this Development
Code.
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Environmental standards as set forth in Section 17.08.080 of this Development
Code.
All other relevant chapters of Title 17 of the Development Code, including,
but not limited to, Off-Street Parking and Loading (Chapter 17.24) and
Covenants for Easements (Chapter 17.26).
In the event of a conflict between PCDOD requirements set forth in Sections
17.17.110 et seq. below and those requirements set forth in Section 17.17.080
A - F above, the Director of Community Development shall determine which
requirement best implements the intent of the Development Code.
Section 17.17.100. Uses Permitted in the PCDOD Subject to Site Plan Approval.
The following shall be permitted uses in the PCDOD subject to site plan approval and not
subject to commercial development standards under Section 17.08.040 of this Development
Code:
Detached major value retailer containing a gross floor area in excess of sixty-
five thousand square feet (65,000 sq. ft.) with no more than ten percent (10%)
of the gross floor space dedicated to use by multiple subvendors.
Power center including at least one major value retailer utilizing a gross floor
area in excess of ninety thousand square feet (90,000 sq. ft.). No major value
retailer tenant may dedicate greater than ten percent (10%) of its gross floor
area to multiple subvendors.
Section 17.17.110. Development Standards for Uses in the PCDOD Subject to Site
Plan Approval. The development standards for the PCDOD are generally the same as for
the requirements listed under Section 17.17.040. However, modifications to those standards
may be approved to allow for greater flexibility in reaching the objectives of the Planned
Commercial Development and compatibility with the General Plan. Variations to the base
standards shall be considered as a part of the review and approval of the Planned
Commercial Development
Section 17.17.120. Uses Permitted in the PCDOD Subject to Specific Plan Approval.
All other uses in the PCDOD overlay zone are subject to specific plan approval, including
general requirements outlined under Section 17.17.080 for all PCDOD uses and subject to
commercial development standards set forth in Section 17.08.040 of this Development Code.
Section 17.17.140. Procedures for Specific Plan Approval.
A. Pre-Submittal and Preparation of Specific Plan
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(1)
A preliminary application and application fee as set by resolution of the
City Council are required prior to filing a formal Specific Plan
application. A pre-applicafion conference with the Planning
Department representatives is required prior to filing of the formal
specific plan application. This is intended to provide direction to the
applicant and to provide information prior to preparation of defiled
plans.
(2)
Prior to the preparation of a Specific Plan, the applicant shall hold a
public scoping meeting to identify potential community concerns about
the project. Public notice of the scoping meeting is required. Noticing
procedures shall be defmed by the Planning Department at the pre-
application conference.
Hearing and Notice
Upon receipt in proper form of a Specific Plan application, or direction of the
City Council, a public heating shall be set before the Planning Commission
and City Council. Notice of the hearings shall be given pursuant to the
requirements of Section 17.03.040 of this Development Code.
Planning Commission Action on Specific Plans
The Planning Commission shall make a written recommendation on the
proposed Specific Plan whether to approve, appwve in modified form or
disapprove, based upon the findings contained in this Chapter.
Planning Commission action recommending that the proposed Specific Plan be
approved, approved in modified form, or denied shall be considered by the
City Council following Planning Commission action.
City Council Action on Specific Plans
Upon receipt of the Planning Commission's recommendation, the City Council
may approve, approve with modifications, or disapprove the proposed Specific
Plan based upon the fmdings contained in this Chapter.
Findings
A Specific Plan may be adopted only if all of the following fmdings axe made:
(1)
The proposed Specific Plan is consistent with the General Plan and the
Development Code.
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(2)
The proposed Specific Plan would not be detrimental to the public
interest, health, safety, convenience or weftare of the City.
(3)
The subject property is physically suitable for the requested land use
designations and the anticipated land use developments.
(4)
The proposed Specific Plan shall ensure development of desirable
character which will be compatible with existing and proposed
development in the surrounding neighborhood.
(5) The proposed Specific Plan is a fully integrated project.
Section 17.17.160. Effect of Approval. The Adoption of a Planned Commercial
Development Overlay District shall include an amendment to the Zoning Map. The
designation on Zoning Map shall include the designation "PCDOD" followed by a reference
number that corresponds to the name of the Specific Plan. Land Use designations and zoning
for the area will then be guided by the provisions of this Development Code or adopted
Specific Plan. ff the Specific Plan does not address a particular standard, the provisions of
this Development Code shall apply.
Section 17.17.180. Content of a Specific Plan. A Specific Plan application shall
include a text and diagrams which contained all of the provisions outlined in Government
Code Sections 65451 and 65452.
The form and content of the Specific Plan shall contain, at a minimum, the following:
A boundary survey map of the property and calculations of the gross land area
within the proposed zoning district. A tentative subdivision map may be
substituted if the application proposes to subdivide the property.
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A topographical map and general grading concept plan with specific sections
for sensitive areas.
A diagram, text, and exhibits describing the site, proposed land uses,
circulation, public facilities and services, and phasing.
A preliminary report describing anticipated requirements and proposed means
of providing utility facilities and public services, including but not limited to,
storm drainage, sewage disposal, water supply, parks and recreation and
school facilities.
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A discussion of how the Specific Plan implements the applicable elements of
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the General Plan.
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A description of site development standards including but not limited to, listing
of allowable uses, maximum and m'mimum regnladons, required setbacks and
supplemental illustrations as required, establishing the basic community
architectural character, environmental character, and environmental design
qualifies to be attained throughout the Specific Plan area.
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A Phasing and Financing Plan to assure the adequate provision of public
utilities, improvements, and other facilities.
Other data and related exhibits deemed necessary by the Director of
Community Development, Planning Commission, or City Council.
Section 17.17.200. Amendment to Approved Plans. No public works project,
tentative map or parcel map may be approved, adopted, or amended within an area covered
by a Specific Plan, unless found to be consistent with the adopted Specific Plan.
Section 17.17.210. Specific Plan Consistency. Amendments to an approved Specific
Plans shall be made in the same procedure as followed when the plan was adopted. Any
adopted Specific Plan may also be repealed by the same procedure as the plan was originally
adopted. Prior to the adoption of an ordinance to repeal and discontinue a Specific Plan, the
City Council with a recommendation from the Planning Commission shall f'md that the plan
is no longer necessary for the orderly and systematic implementation of the General Plan.
The repealing ordinance shall include provisions for the immediate application of appropriate
zoning to the area covered by the repealed plan.
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