HomeMy WebLinkAbout03-04 CC OrdinanceORDINANCE NO. 03-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO CLARIFY THE PROCEDURES FOR
MODIFYING APPROVED PERMITS, TO MAKE OTHER MINOR
CHANGES AND PROVIDE FOR THE READOPTION OF
PLANNED DEVELOPMENT OVERLAY NOS. 5 AND 6
(PLANNING APPLICATION 03-0109)
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;
WHEREAS, the Planning Commission held a duly noticed public hearing on March 19,
2003, and recommended that the City Council approve the attached amendments to the City
Municipal Code;
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances;
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 May 13, 2003 to
consider the proposed amendments to the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby adds Section 17.05.030 to
the Temecula Municipal Code to read as follows:
"17.05.030 Modifications to an Approved Development Plan
Purpose and Intent. The purpose of this section is to establish the requirements and
procedures to allow the administrative modification of an unexpired development plan or
conditional use permit. For the purposes of this Section, the following changes are not
eligible for consideration as an administrative modification: a change in the type of
building (commercial, office, industrial), a substantial intensification of the project or type
of use, or substantial changes to the project layout or access. Proposed project
changes that are not eligible for a modification under this Section will require resubmittal
of a new application.
Types of Modifications. Modifications to approved development plans are divided into
two categories, major and minor, if a proposed modification includes both major and
minor modifications, the application shall be considered a major modification. The final
decision as to whether a modification is major or minor shall be at the sole discretion of
the director of planning.
R:/Ords 2003/Ords 03-04 I
1. Major Modifications to approved development plans include the following types of
project changes:
a. Increasing the height of the building by more than 10 feet or one-story.
b. An increase of more than 10% of the building footprint.
A substantial change in the architecture of the building or substantial
changes to the exterior elevations, including but not limited to the
locations of windows or doors.
d. A modification in the approved access to the project site.
The shift of building location that effects the layout and location of the
required parking, site access, or substantially changes the conceptual
landscape plan.
f. A change in the number of primary structures.
Changes to a conditional use permit that require the physical modification
of the site.
Minor Modifications to approved development plans include the following types of
project changes:
a. An increase of less than 10% of the building footprint.
b. A change in the layout of the parking or loading area.
c. The relocation of windows or doors on one or two wall surfaces.
An adjustment in the location of buildings provided the general location of
each building is similar to the approved development plan.
Changes to a conditional use permit that do not require the physical
modification of the site.
3. Modifications to approved development plans that are subject to the
administrative development plan process include the following:
a. Changes to the approved landscaping plant palette.
b. Changes in exterior colors or materials.
Application Requirements. Applications for modifying development plans shall be
completed in accordance with Section 17.03.030 of this development code.
Procedure for Approval. Minor modifications may be approved administratively and
never require a specific notice or consideration at a public hearing. The approval of
major modifications requires consideration by the original approval body. Major
R;/Ords 2003lOrds 03-04 2
modifications which were approved at a director hearing may be approved
administratively by the director of planning providing the revised project could have been
approved initially by the director of planning. The director of planning may refer any
modifications or changes in building design to the planning commission for
consideration.
Findings. Approving modifications to an approved development plan shall require the
same findings as were made on the original approval.
Revocations. Approval of a modification to a development plan may be revoked or
modified by the director of planning in accordance with Section 17.03.060."
Section 2. The City Council of the City of Temecula hereby amends portions of Section
17.04.010.
A. Subsection C is hereby amended to read as follows:
"Authority. Conditional use permits shall require a public hearing as follows:
When a conditional use permit involves an existing building, the director of
planning shall have the authority to approve, conditionally approve or deny an
application for a conditional use permit. Decisions of the director of planning may
be appealed to the planning commission, pursuant to Section 17.030.090.
When a conditional use permit accompanies an application for a development
plan for a new building that is less than 10,000 square feet, the director of
planning shall have the authority to approve, conditionally approve, or deny an
application for conditional use permit. Decisions of the director of planning may
be appealed to the planning commission, pursuant to Chapter 17.03.090.
When a conditional use permit accompanies an application for a development
plan for a new building that is 10,000 square feet or greater, or whenever the
director of planning has determined that the matter should be forwarded to the
planning commission. The planning commission shall have the authority to
approve, conditionally approve, or deny an application for a conditional use
permit. Decisions of the planning commission may be appealed to the city
council, pursuant to Section 17.03.090."
B. Subsection J is hereby added to this Section to read as follows:
"Modifications of a Conditional Use Permit. Requests to modify a conditional use permit shall
be made in conformance with the provisions of Section 17.05.030."
Section 3. The City Council of the City of Temecula hereby adopts Section 17.22.070 to
read as follows:
"17.22.070 APPROVED PLANNED DEVELOPMENT OVERLAYS.
The following planned development overlays, cannot be effectively incorporated into the
municipal code, have been approved by the city and are designated on the official zoning map
of the city:
R:/Ords 2003lOrds 03-04 3
PDO-5 Temecula Village
PDO-6 Rancho Pueblo
Future planned development overlays shall be numbered consecutively, whether incorporated
into the municipal code or adopted as uncodified ordinances, and shown on the official zoning
map of the city with the prefix "PDO"."
Section 4. The City Council of the City of Temecula hereby repeals Sections 17.22.140
through 17.22.156 of the municipal code, adopted by Ordinance 02-05, and readopts the
Temecula Creek Village Planned Development Overlay as uncodified PDO-5 pursuant to the
provisions of 17.22.070.
Section 5. The City Council of the City of Temecula hereby repeals Sections 17.22.160
through 17.22.178 of the municipal code, adopted by Ordinance 02-04, and readopts the
Rancho Pueblo Planned Development Overlay as uncodified PDO-6 pursuant to the provisions
of 17.22.070.
Section 6. The City Council of the City of Temecula hereby amends the following
portions of Chapter 17.28 of the Temecula Municipal Code.
A. Amend Subsection 17.28.700.B to read as follows: "The maximum
display time shall not exceed a total of fifteen (15) calendar days within any ninety (90) calendar
day period. Except that during the month of the annual Balloon and Wine Festival and during
the month of December, a thirty (30) calendar day permit may be issued by the Director."
B. Amend Subsection 17.28.700.1 to read as follows: "Ambient air balloons
shall only be in the shape of a traditional "hot air balloon". Ambient air balloons in the shape of
blimps or cartoon characters are not permitted. Exception: During the month of December
ambient air balloons in the shape of traditional Christmas characters or symbols are allowed."
Section 7. The City Council of the City of Temecula hereby amends Subsection
17.03.040.B.2 to read as follows:
"The notice shall be mailed first class and postage pre-paid to the applicant and
representative; to the property owner or the owner's agent; to all persons whose
names and addresses appear on the latest available assessment roll of the
county of Riverside as owners of property within a distance of six hundred (600)
feet from the exterior boundaries of the site for which the application is filed (a
minimum of thirty property owners); to anyone filing a written request for
notification; and to such other persons whose property might, in the planning
commission's judgment, be affected by the establishment of the use or zone
requested."
R:/Ords 2003/Ords 03-04 4
Section 8. The City Council of the City of Temecula hereby amends Table 17.03.010 of
the Temecula Municipal Code to read as follows:
Table 17.03.010
Planning and Zoning Application Approval Authority
Admin. Planning Planning City
Application Approval Director Commission Council
General plan amendment Recommen- X~
dation~
Zoning amendment: Text changes Recommen- X~
dation~
Zoning amendment: Map changes Recommen- X~
dation~
Zoning amendment: Specific plan, Recommem X~
includes specific plan amendments dation~
Conditional use permit-existing X~,2
building
Conditional use permit with a X1,2,3 X1,3
development plan
Development plan (10,000 square X~
feet or greater)
Development plan (less than X~
10,000 square feet)
Major modifications X2'4 XTM
Minor modifications X2
Administrative development plan X2
Home occupation permit X2
Large family day care home facility X~
Minor exceptions X2
Sign permits X2
Sign programs, including sign X2
program modifications
Temporary use permits X2
Variance iX~
R:/Ords 2003lOrds 03-04 5
Table 17.03.010
Planning and Zoning Application Approval Authority
Admin. Planning
Application Approva Director
Footnotes:
1. Requires consideration at a noticed public hearing.
Planning City
Commission Council
2 For matters that are considered to have special significance or impact, the director of
planning may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of
planning. Conditional use permits with development plans are approvable by hearing
body required for the development plan.
4. Major modifications of projects which were approved by the planning commission or
city council shall be considered by the original approval body. Increases in building
square footage that results in a building larger than 10,000 square feet shall be
considered by the planning commission.
Section 9. 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 10. Environmental Compliance. The City Council hereby finds that this
amendment to the Temecula Municipal Code represents a series of minor changes mostly
regulating the implementation of the zoning procedures and requirements that have no potential
individually or cumulatively to impact the environment. As a result, the adoption of this
ordinance is exempt from further environmental review pursuant to Section 15061(b)(3) of the
California Environmental Quality Act Guidelines.
Section 11. 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 12. 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 '13. 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.
R:/Ords 2003lOrds 03-04 6
PASSED, APPROVED AND ADOPTED this 27th day of May, 2003.
ATTESTs;
[SEAL]
_" (~ 3effrey E. Stone, Mayor
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. 03-04 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 13th day of May, 2003 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 27th
day of May, 2003, by the following vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Roberts, Stone
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNCILMEMBERS: None
City Clerk
R:/Ords 2003lOrds 03-04 7