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HomeMy WebLinkAbout02-11 CC OrdinanceORDINANCE NO. 02-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING STANDARDS FOR MODULAR STRUCTURES, ADOPTING CHAPTER 17.10 OF THE TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION 02-0318) 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 plans 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 Planning Commission held a duly noticed public hearing on September 18, 2002 and October 2, 2002, and recommended that the City Council approve the following amendments to the City Municipal Code; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on November 12, 2002 to consider the proposed amendments to the City Zoning Map and the Temecula Municipal Code. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. read as follows: Modular Buildinq Standards. Section 17.10.020.1 is hereby adopted to Modular Buildings and Structures. Modular circumstances as described in this Section requirements: buildings may be allowed in some if they comply with the following Accessory Structure. Modular buildings may be approved as accessory structures to a larger permanent building. The accessory buildings or structures shall be smaller in size than the main permanent building. Accessory structures can be allowed, subject to the approval of a development plan, for the following uses or activities: Religious Institutions in all zones, except the Open Space and Conservation zone. Industrial uses in the Business Park, Light Industrial, and Service Commercial zones. R:/Ords 2002./Ords 02-11 1 Temporary Facility and Construction Offices in all zones, except the Open Space and Conservation zone. Temporary Structures. Modular buildings may be approved as a temporary structures for non-profit community based organizations and religious institutions in ail zones, except the Open Space and Conservation zone. The temporary structure may be approved subject to the following requirements: The approval of a development plan or conditional use permit (as appropriate) for the permanent facilities. The site shall be fully landscaped in conformance with the approved landscape plan. The term of the temporary approval shall not exceed five (5) years. Additional extensions, up to five (5) years in length may be approved if, at the City's sole discretion, the temporary structure and landscaping have been properly maintained and if the local circumstances have not changed to make the temporary structure inappropriate. A removal bond shall be provided to ensure the removal of the temporary structure. Building Design and Screening. All modular units shall comply with the following standards to soften the appearance of the structures. if the modular is not visible from a street or a public gathering place, the modular structure shall provide at least minimal design compatibility with the surrounding area. Examples of minimal design compatibility include the use of exterior trim elements, similar colors, and other features to soften the modular appearance of the structure. Modular buildings that are potentially visible from the public street shall have architectural detailing similar to permanent structures. Examples include: accentuated entrances, pop-out features, windows, integrated with the minimal design compatibility components described above. Supplemental landscaping, to further screening the structure may also be required. All accessory modular units shall be screened from the public streets and gathering spaces in such as way as to be un-noticeable. This screening may include a combination of the following: permanent buildings or structures, screening walls, and landscaping. Not withstanding these requirements, all other landscape and site layout criteria required by the Development Code and Design Guidelines shall also apply to modular buildings." Section2. Supplemental Development Standards. Establish Chapter 17.10, Supplemental Development Standards and adopt Section 17.10.010 to read as follows:" R:/Ords 2002/Ords 02-11 2 "17.10.010 PURPOSE. The Purpose of this Chapter is to consolidate a variety of Municipal Code sections from Title 17 that provide supplemental development standards. Some of these standards will apply to development activities in residential, commercial or industrial zones. Other standards my apply to activities in multiple zoning districts." Section 3. Typoqraphic and Minor Amendments To The City Municipal Code. The following clarifications to Title 17 of the Temecula Municipal Code are hereby adopted: A. Amend Chapter 17.16, by removing the word "overlay" from all titles, headings, sections, and subsections. B. Amend Section 17.18, by removing the word "overlay" from all titles, headings, sections, and subsections. C. Amend Section 17.06.050.D by adding subsection 8 to read as follows: "Animals Accessory to a Residential Use. The keeping of certain non-exotic or non-wild animals is considered accessory to a residential use. No more than four cats and dogs, over the age of four months, are allowed. Caged pets, including small amphibians, birds, mammals, and reptiles may be kept on the premises. This provision also includes the keeping of fish and up to two chickens. The keeping of household pets shall comply with the provisions of Chapter 6 of the Temecula Municipal Code." D. Amend Table 17.08.030 to replace the listing for "Retail support use (15 percent of the total development square footage in the BP and LI)" with the following: Description of Use NC CC HT SC PO BP LI Retail support use to a non-commercial business P P (Limited to the sale of products manufactured or assembled on-site and occupying less that 25% of the floor area of the business) E. Amend Table 17.08.030 to replace the listing for "Religious institutions, without a daycare or private school" with the following: Description of Use Religious institution, without a daycare or private school NC CC HT SC PO BP LI P P P C P C C F. Amend Table 17.12.030 by adding the following line: Description of Use Public/Institutional District (PI) Membership cJubs, organizations, lodges and similar C non-profit community uses following: Amend Table 17.03.010 to replace the listing for Sign Programs with the R:/Ords 2002,/Ords 02-11 3 Planning Planning City Director Commission Council Approval Sign Programs Admin. Approval X H. Amend 17.28.280.A.2 to read as follows: "Maximum area of each sign shall be 3 square feet." I. Amend Chapter 17.34 by changing the following the phrase "Overhang, vehicle" to "Vehicle Overhang." J. Amend Chapter 17.34 of the Temecula Municipal Code be deleting the definitions for the following: amusement park, animal kennel, billiard pador family, camp public, circulation master plan, clinic, club, condominium, drive-in operation, drive-in theater, employees quarters, equipment rental yard or contractor yard, farm, food store, garage private, garage public, hospital general care, inhabited area, merger, minimum building pad, neighborhood center, land use plan, parcel map vesting, parcel map tentative, parking area private, plat, police power, public services offices or uses, public service use facility, restaurant walkup, retention basin, structural alterations, travel trailer, travel trailer park, truck stop, unique natural feature, and wing wall. K. Section 17.06.050.N is hereby repealed and a new Section 17.10.020.A is adopted to read as follows: "Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size subject to the following requirements: Large animals (cattle, horses and mules). Two animals per half- acre plus one additional animal for each additional half-acre of lot area. Animals under the age of twelve-months are not counted. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half-acre plus three additional animals for each additional half-acre of lot area. Animals under the age of six- months are not counted. iii. Poultry. Limited to 50 poultry per acre. The minimum lot size for keeping poultry is one half-acre. For lots smaller than one acre, only 12 poultry are allowed. Poultry under the age of three- R:/Ords 2002/Ords 02-11 4 months are not counted. All poultry must be confined. The keeping of roosters is prohibited. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to 24 birds. Birds under the age of six-months are not counted. All birds must be confined. All animals shall be kept a minimum distance of seventy (70) feet from any adjacent residence, school, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures. In no event shall there be any limit to the permissible number of sheep which may be grazed per acre, where such grazing operation is conducted on fields for the purpose of cleaning up unharvested crops, stubble, volunteer or wild growth where such grazing operation is not conducted for more than four weeks in any six-month period. Apiary; provided, that all hives or boxes housing bees shall be placed at least four hundred (400) feet from any public streets or highways, any public school, park, property line to an a different ownership, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site. Conditional Use Permit Required. The following agricultural uses are permitted with a conditional use permit, except in the open space/conservation zone. Wholesale distributor and processor of nursery-plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display are prohibited except for nursery-plant stock. b. Dog kennels, dog training schools, and small animal shelters. c. Dog or cat breeding establishments with more than four adult animals. The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, rabbits, and similar small animals. e. Frog farms. t. Worm farms. The keeping of exotic or wild animals, including the keeping of exotic or wild animals as pets." Section 4. Additional Supplemental Standards. Relocate the following Municipal Code sections to Chapter 17.10 as described below. R:/Ords 2002/Ords 02-11 5 A. Section 17.08.050.G is hereby repealed and a new Section 17.10.020.B is adopted to read as follows: "Alcoholic Beverage Sales. All businesses or establishments offering the sale of alcoholic beverages, except for the incidental sale of beer and wine at a restaurant, shall require the appropriate license from the state of California and the city and be subject to a conditional use permit. Any automotive service station which proposes to sell beer and wine concurrently with motor vehicle fuel shall require a conditional use permit which permit shall be subject to the provisions of Business and Professions Code Section 23790 et seq. and shall require that: a. The decision shall be based on written findings. A denial of an application for a conditional use permit is subject to appear to the city council in accordance with Section 17.03.090 of this code. The same procedure for noticing, and conducting the conditional use permit hearing that is utilized by the city for all other conditional use permits shall be used to provide for all parties to be present and to present evidence. The decision and findings be based on substantial evidence in view of the whole record to justify the ultimate decision. The above businesses shall not be located within five hundred feet of any religious institution, school or public park. The license application shall be reviewed by the city's police services prior to city approval." B. Section 17.08.050.C is hereby repealed and a new Section 17.10.020.C is adopted to read as follows: "Arcades. Arcades shall be approved subject to the approval of a conditional use permit by the planning commission. 1. Applications for an arcade shall include following: Three sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three- hundred-foot radius of the shopping center or arcade. A description of the types of machines, a floor plan, and hours of operation. The planning commission may apply any condition deemed necessary. These conditions may address, but are not limited to, the following: a. Need for adult supervision; R:/Ord$ 200~/Ords 02-11 6 b. Hours of operation; c. Inside and outside security measures; d. Noise attenuation; e. Bicycle facilities; and, f. Interior waiting areas." C. Section 17.08.050.S is hereby repealed and a new Section 17.10.020.D is adopted to read as follows: "Automobile, 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. Display areas: a minimum five foot (5') 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. Said landscape islands shall have a mixture of trees, shrubs and groundcover shall have automatic irrigation. Street frontages. All portions of the property which have street frontage shall meet one of the following criteria: A minimum of twelve feet (12') of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by Iow growing shrubs, groundcover and turf; or ii. A minimum of twenty feet (20') 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 (8') of the landscape area. (A) Display areas shall be paved with concrete, a maximum of twenty (20) feet in length and shall be surrounded by Iow growing shrubs, groundcover and tun'. (B) The number of display areas allowed shall be calculated in the following manner: 3 display spaces per 100 linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up. R:/Ords 2002/Ords 02-11 7 (c) No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas. 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 (10') wide landscape buffer. All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five foot (5') wide landscape buffer. 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 17.24.050H of the Development Code. Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses. 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." D. Section 17.08.050.F is hereby repealed and a new Section 17.10.020.E is adopted to read as follows: "Used Motor Vehicle Sales (Without the sales of new motor vehicles). The minimum lot width of any site supporting a used motor vehicle sales business shall be one hundred feet. 2. The minimum lot area shall be ten thousand square feet. Buffer walls and landscaping shall be as provided as required for the zoning district in which the use is located. A building containing not less than two hundred square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; modular or portable buildings, or mobile homes are not permitted." E. Section 17.06.050.Q is hereby repealed and a new Section 17.10.020.F is adopted to read as follows: "Bed and Breakfast Establishments (B&Bs). Bed and breakfast establishments shall be developed in the following manner: The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located. R:/Ords 2002/Ords 02-11 8 2. The use shall be incidental to the primary use of the residential structure to ensure compatibility with adjacent residential uses. 3. Owner/lessee shall reside in the primary residence and operate the business. The exterior appearance of the structure shall have a residential/single-family character. 5. Service of meals shall be for registered guests only. 6. There shall be no separate/additional kitchens for the guests. 7. No guest shall stay more than fourteen consecutive days in any thirty-day period. 8. All B&Bs shall be subject to the city's hotel/motel room tax. B&Bs shall meet all of the requirements of the city fire department and county health department. 10. The B&B shall be developed on a site that has a minimum lot size of sixty thousand square feet. 11. No receptions, private parties or similar activities, for which a fee is paid shall be permitted." F. Section 17.08.050.D is hereby repealed and a new Section 17.10.020.G is adopted to read as follows: "Car Washes. A conditional use permit shall be required for all full-service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria: Such businesses shall be located at least two hundred feet from any residential district. 2. Wash bays and vacuum areas shall be screened from public view. Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours." G. Section 17.08.050.B is hereby repealed and a new Section 17.10.020.H is adopted to read as follows: "Entertainment Establishments Providing Dancing, Music and Similar Activities. R:/Ords 2002/Ords 02-11 9 Noise levels shall not exceed the standards set forth in the noise element of the general plan or the environmental performance standards of this development code (Section 17.08.070). Dancing, music, and similar entertainment uses shall be limited to between the hours of six p.m. and two a.m. The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations" H. Section 17.08.050.O is hereby repealed and a new Section 17.10.020.J is adopted to read as follows: "Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits. The outdoor display of merchandise accessory to an on- site business is addressed in Subsection K Automobile, boat, trailer, camper, and motorcycle sales and rentals (subject to a conditional use permit); Building material, supplies and equipment rental and sales (subject to a conditional use permit); 3. Fruit and vegetable stands (required temporary use permit); 4. Horticultural nurseries (subject to a conditional use permit); 5. Gasoline pumps, oil racks and accessory items when located on pump islands; 6. Outdoor recreation uses; Parking lot and sidewalk sales (subject to temporary use permit and regulations set forth in this chapter); and Other activities and uses similar to those above as determined by the director of planning." I. Section 17.08.050.P is hereby repealed and a new Section 17.10.020.K is adopted to read as follows: "Outdoor Display of Merchandise Accessory to Current On-Site Business. Any outdoor display must be done in conjunction with the business being conducted within the building and shall comply with the following regulations: The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises. The aggregate display area shall not exceed twenty-five percent of the linear frontage of the store front or ten linear feet, whichever is greater. R:/Ords 2002/Ords 02-11 10 3. Items shall not project more than four feet from the store front. No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the city. Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business. No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance." J. Section 17.08.050.E is hereby repealed and a new Section 17.10.020.L is adopted to read as follows: "Permanent Indoor Swap Meet Facilities. Indoor swap meets shall be established only in buildings containing five thousand square feet or more of gross floor area. City business licenses and state seller permits shall be obtained by every tenant operating a stall space. No more than one business license shall be granted per one hundred fifty square feet of building floor area. The minimum average square footage of a partitioned cubicle or stall space (booth) shall be one hundred fifty square feet. The minimum size for an individual stall shall be one hundred square feet, and no more than twenty-five stall spaces shall be permitted to contain one hundred square feet. No adult business, as defined in the Temecula Municipal Code shall be permitted. No loudspeakers or sound equipment which can be heard from exterior or semipublic areas shall be used on the premises. Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas. All floor areas of indoor tenant spaces, shall be covered with a high-grade tile or carpeting. 9. Aisles shall have a minimum width of seven feet. 10. Security personnel shall be provided during hours of operation." R:/Ords 2002/Ords 02-11 11 K Section 17.06050.H is hereby repealed and a new Section 17.10.020.M is adopted to read as follows: "Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing, congregate care facilities, and affordable housing projects are permitted in the zoning districts identified below subject to the approval of a development plan. Affordable senior housing projects shall comply with the affordable housing provisions contained in Subsection 0.3. Senior housing shall comply with all the provisions of the Development Code unless modified by the following provisions: a. The maximum densities for senior housing projects are as follows: In the H residential zoning district, the maximum density shall be thirty (30) units per acre. ii. In the M residential zoning district, the maximum density shall be twenty (20) units per acre. iii. In the LM, L-2, and L-1 residential zoning districts the maximum density shall be eight (8) units per acre. iv. In all approved Specific Plans, the maximum density shall not exceed 50% of the target density in the planning area. The net livable area for each dwelling unit shall not be less than four hundred (400) square feet for an efficiency unit, five hundred fifty (550) square feet for a one-bedroom unit, and seven hundred (700) square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit. Congregate care projects shall comply with all the provisions of the Development Code unless modified by the following provisions: The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e. required setbacks, parking, landscaping, open space, etc.) The handicapped units shall comply with the standards set forth in Title 24 of the California Code of Regulations. Affordable housing and affordable senior housing projects are entitled to receive various incentives provided the project meets the requirements of Section 65915 of the California Government Code. Affordable housing projects will receive at least one incentive from Subsection 3.a and at least one concession from Subsection 3.b. The project incentives and concessions are as follows: Density Incentives. Affordable housing projects are entitled to receive an increase in the allowable density of at least 25% over the density target in R:/Ords 2002/Ords 02-11 12 each residential zoning district. housing projects are as follows: i. ii. iii. iv. The maximum densities for affordable In the H residential zoning district, the maximum density shall be thirty (30) units per acre. In the M residential zoning district, the maximum density shall be eighteen (18) units per acre. In the LM residential zoning district, the maximum density shall be eight (8) units per acre. In all approved Specific Plans, the maximum density bonus shall not exceed 50% of the target density in the planning area. b. Development Standard Concessions. Any of the following development standard concessions may be granted by the approval authority for the project, unless a finding is made that these concessions are not necessary to provide the affordable housing units being proposed: i. An increase in the amount of required lot coverage; ii. A modification to the setback or required yard provisions; iii. An increase in the maximum allowable building height; iv. A reduction in the amount of required on-site parking; v. A reduction in the amount of onsite landscaping, except that no reduction in on-site recreational amenities may not be approved unless the affordable housing is in a close and easily accessible proximity to a public park with recreational amenities; vi. A reduction in the minimum lot area; or, vii. Approval of an affordable housing project in the Professional Office zone with the approval of a conditional use permit. 4. The provisions of this Subsection also apply to all approved specific plans within the City of Temecula unless the specific plan contains specific standards for the type of housing being considered." L Section 17.08.050.R is hereby repealed and a new Section 17.10.020.N is adopted to read as follows: "Self-Storage or Mini-Warehouse Facilities. 1. Development Standards. The following standards shall be applied to all new self-storage or mini-warehouse facilities: R:/Ords 2002/Ords 02-11 13 The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. In commercial zoning districts the rear and side yard setbacks shall be a minimum of 10 feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. c. The maximum lot coverage shall be 65 percent. The development site shall provide a minimum of 10% landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped. e. A manager's residential unit may be provided, but is not required. Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director. 2. Performance and Use Regulations Any business activity, other than rental of storage units, including the on- site sale of merchandize or garage sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses." M. Section 17.08.050.M is hereby repealed and a new Section 17.10.020.O is adopted to read as follows: "Drive-Thru Facilities. Commercial uses including restaurants, financial institutions or other business providing drive-thru facilities shall be subject to the following requirements. 1. All drive-thru facilities shall require the approval of a conditional use permit. R:/Ords 2002/Orals 02-11 14 Pedestrian walkways should not intersect the drive-thru aisles, if pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping. Drive-thru aisle shall have a minimum width of eleven feet on the straight sections and twelve feet on curved portions. For fast food restaurants, the drive-thru aisles shall have a sufficient stacking area behind the menu board to accommodate six cars. The speakers shall be located so as to protect adjoining residential areas from excessive noise." N. Renumber the remaining subsection of Sections 17.06.050 and 17.08.050 and make the appropriate code section references to reflect the renumbered subsection numbering. O. Amend Footnote No. 1 to Table 17.06.030 to read as follows: "1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020.M." P. Add Footnote No. 6 to Table 17.06.030 to read as follows: "6. Subject to the supplemental development standards contained in Chapter 17.10." Q. Amend Table 17.06.030 to include the reference to Footnote No. 6 to the following uses: Bed and breakfast establishments, Congregate care residential facilities for the elderly, and Agricultural/open space uses, Kennels and catteries, and the Noncommercial keeping of horses, cattle, sheep and goats. R. Replace Footnote No. 1 of Table I7.08.030 to read as follows: "6. Subject to the supplemental development standards contained in Chapter 17.10." S. Delete Footnote Nos. 4 and 6 from the end of Table 17.08.030 and replace the existing Footnote Nos. 4 and 6 with a Footnote No. 1. T. Amend Footnote No. 5, and renumber to become Footnote No. 4, of Table 17.08.030, to read as follows: "4. In addition to any applicable supplemental development standards listed in Chapter 17.10, senior housing residential projects in the CC, SC, HT, and PO zones shall use the development and performance standards for the High Density Residential zone. Senior housing residential projects in the NC zone shall use the development and performance standards for the Medium Density Residential zone and the applicable supplemental development standards in Chapter 17.10." U. Amend Table 17.08.030 by removing the existing footnote references to Footnote Nos. 4, 5, and 6 and add a reference to Footnote No. 1 for the following uses: Alcoholic beverage sales, Arcades (pinball and video games), Automobile dealers (new and used), Automobile service stations with or without an automated car wash, Automobile service stations selling beer and/or wine-with or without an automated car wash, Banks and financial institutions, Congregate care housing for the elderly, Restaurant drive-in/fast food, Swap Meet, entirely inside a permanent building." R:/Ords 2002/Ords 02-11 15 V. Add Footnote No. 2 to Table 17.12.030 to read as follows: "2. Subject to the supplemental development standards contained in Chapter 17.10." W. Amend Table 17.12.030 to include the reference to Footnote No. 2 to the following uses: Congregate care housing, Congregate care living facility, Residential care facility for the elderly, and Residential-senior housing. Section 5. 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 6. Environmental Compliance. The proposed amendment represents a labeling change to more accurately reflect how those sections of the Development Code operate when implemented. No additional development will result from this amendment and no changes to the environment will occur from the adoption of this Ordinance. As a result, the ordinance is not a project as defined by the California Environmental Quality Act and is exempt from further review or analysis. Section 7. 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 8. 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 9. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED this 10~ecember~2-.Q.02. Ron Roberts, Mayor R:/Ords 2002/Ords 02-11 16 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 02-11 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of November, 2002 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th day of December, 2002, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Jon.e. s, CMC ~._ ~,~ ~ C,tyClerk R:/Ords 2002/Ords 02-11 17