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HomeMy WebLinkAbout06-06 CC Ordinance I I I ORDINANCE NO. 06-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE PUBLIC HEARING AND NOTICING REQUIREMENTS, RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS VALLEY RURAL PRESERVATION AREA, REVISE MINIMUM SETBACK REQUIREMENTS IN RESIDENTIAL ZONING DISTRICTS, REMOVE THE TARGET FLOOR AREA RATIO FOR HOTEUMOTEL DEVELOPMENT, UPDATE THE AFFORDABLE HOUSING DENSITY BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS FOR EXISTING DEVELOPMENT PROJECTS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA05- 0041) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Temecula herby amends Subsection 17.03.040.C.1 by revising the number of public hearing signs that are posted on a property that is the subject of a development proposal to read as follows: "C. Posting of Property. 1. Standard Notice. The property, which is the subject of the proposed development, shall be posted with informational signs that are four feet by four feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained. For properties less than five acres in size, one sign per improved street frontage shall be posted on site. For properties greater than five acres in size, two signs per improved street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the director of planning may determine the location for sign posting or require additional noticing of the proposed project." Section 2. The City Council of the City of Temecula herby amends Chapter 17.06 by making the following changes: A. Amend portions of Table 17.06.030 by adding footnote number 7 to "Secondary dwelling units," adding footnote number 8 adjacent next to the R:/Ords 2006l0rds 06-06 I I I "C" for the various land uses under the VL Residential District, and by adding footnotes 7 and 8 to the footnote section at the end of the table to read as follows: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Residential Mobilehome park - - c. c c c c C Alcoholism or drug abuse recovery or C C c. c c c P P treatment facility (seven or more) Secondary dwelling units 7 P P P P P P P P Emergency shelters C C c. c c c P P Transitional housing C C c. c c c P P Non-Residential Libraries C C c. c c c c C Museums and art galleries (not for profit) C C c. c c c c C Recreational Vehicle Storage Yard 3 - C c. c c c c C Golf courses C C c. c c c c C Notes: 7. Secondary dwelling units are permitted in accordance with the requirements contained in Section 17.06.050.L. 8. These uses are not permitted within the Nicolas Valley Rural Preservation Area, as identified in Figure LU-5 of the Land Use Element of the General Plan. R:/Ords 2006/0rds 06-06 2 I I I B. Amend portions of Table 17.06.040 by reducing the minimum lot depth for the M zoning district from 100 feet to 80 feet, deleting the footnote for variable front yard setbacks, and by revising the footnote section to encourage architecture forward design and to provide clarification for variable side yard setbacks to read as follows: Table 17.06.040 Development Standards - Residential Districts Residential Development Standards HR RR VL L-1 L-2 LM M H LOT AREA Minimum net lot area (square - - - - - 7,200 7,200 2 - feet) LOT DIMENSIONS Minimum lot depth (feet) 150 150 120 100 90 80 80 100 SETBACKS Minimum front yard (feet) 20 Ave. 40 40 25 25 15 3 10 3 10 3 4 Minimum interior side yard (feet) 25 25 10 10 10 Variable Variable Variable 5 5 5 Notes: 1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020.M. 2. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development overlay. 3. Garages with entrances facing the street shall be set back no less than 20 feet. 4. In the H residential zoning district, dwelling units with entrances that have direct access to the street, such that the predominate features of the home fronting the street are the windows and the front door, may have a minimum setback of 15 feet. 5. In order to allow for more flexible site planning, variable interior side yard setbacks are permitted in the LM , M and H zoning districts, as described below: LM zoning district: The combined interior side yard setback for both sides must equal at least 15 feet. One side shall have at least five feet and the other side shall have at least 10 feet and shall be located on the same side as the driveway to provide for potential vehicular access to the rear of the property. M and H zoning district: The combined interior side yard setbacks shall not be less than 10 feet and the distance between adjacent structures shall not be less than 10 feet. This is intended to permit a zero lot line arrangement with a zero setback on one side yard and 10 feet on the opposite site yard. Section 3. The City Council of the City of Temecula herby amends portions of Table 17.08.040 A and B by adding footnote number two to the end of "Target floor area ratio" under the column heading Development Standards and to the footnote section to read, "For hotels/motels, the target floor area ratio does not apply; however one of the three criteria described in Subsection 17.08.050.A shall apply." R:/Ords 2006l0rds 06-06 3 I I I Section 4. The City Council of the City of Temecula herby amends portions of Subsection 17.1 0.020.M.1.a, and 3.a and b. to read as follows: "M. 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 M.3. 1. 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: i. In the High Density Residential zoning district and the Community Commercial, Highway Tourism, Service Commercial and Professional Office zoning districts, the maximum density shall be thirty (30) units per acre. ii. In the Medium Density Residential zoning district and the Neighborhood Commercial zoning district, the maximum density shall be twenty (20) units per acre. iii. In the Low Medium Residential zoning district, the maximum density shall be eight (8) units per acre. iv. In all approved Specific Plans, the maximum density bonus shall not exceed 50% of the target density in the planning area." "3. 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 are entitled to receive qualifying density incentives from Subsection 3.a and may also receive qualifying concessions from Subsection 3.b. The project incentives and concessions are as follows: a. Density Incentives. Affordable housing projects are entitled to receive an increase in the allowable density for the following zoning districts. The maximum densities for affordable housing projects are as follows: i. In the High Density Residential and the Professional Office zoning districts, the maximum density shall be thirty (30) units per acre. In the Medium Density Residential zoning district, the maximum density shall be eighteen (18) units per acre; however, for affordable senior housing, the maximum density shall be twenty (20) units per acre. ii. R:/Ords 2006l0rds 06-06 4 I I I iii. In the Low Medium Density Residential zoning district, the maximum density shall be nine (9) units per acre. In all approved Specific Plans, the maximum density bonus shall not exceed 50% of the target density in the planning area. iv. b. Development Standard Concessions. development standard concessions approval authority for the project. The following number of may be granted by the Percentage of Affordable Housing 10 Percent Lower Income 5 Percent Very Low Income 10 Percent Moderate Income 20 Percent Lower Income 10 Percent Very Low Income 20 Percent Moderate Income 30 Percent Lower Income 15 Percent Very Low Income 30 Percent Moderate Income Number of Concessions 1 2 3 An applicant may select from the following concessions, unless a finding is made that these concessions would result in specific adverse health or safety impacts or the physical environment or real property listed on the California Register of Historical Resources cannot be mitigated: 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 be approved unless the affordable housing is close and easily accessible 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." R:/Ords 2006l0rds 06-06 5 I I I Section 5. The City Council of the City of Temecula herby amends Subsection 17.28.080.A to read as follows: "A. Sign Program Required In addition to the sign permits required by Section 17.28.030, certain types of signs and developments require a sign program to ensure that all proposed signs are in harmony with other on-site signs, buildings and surrounding developments. For existing developments, the purpose of this provision is to bring existing centers without sign programs into conformance with the Development Code, while allowing existing legal signage to remain until new signage is proposed. 1. For new developments, and for existing developments that propose to replace a permanent freestanding or wall mounted sign, or propose a development plan or major modification to the site, and where any of the following circumstances exist, a sign program in accordance with this Section shall also be concurrently filed and considered for approval with the Development Plan: a. Whenever five (5) or more temporary and/or permanent signs (not including signs exempt from permits) are proposed or exist for a single tenant development occupying an entire parcel; b. Whenever two (2) or more businesses are proposed or exist in a multi-tenant development; c. Whenever wall signs are proposed or exist on buildings with three (3) stories or more, or on buildings with heights greater than 32 feet; or, d. Whenever the development contains a historic structure. Section 6. The City Council of the City of Temecula herby amends Title 17 of the Temecula Municipal Code, to make the following miscellaneous minor clarifications and typographical corrections to read as follows: A. Amend Subsection 17.03.090.E to read as follows: "Notice of Appeal-Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or in his behalf, or with any action, order, requirement, decision or determination, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body." R:/Ords 2006l0rds 06-06 6 I I I B. Amend Subsection 17.04.020.B.1.d. to read as follows: "Christmas tree sale lots, however, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license, provided such activity shall be only held from November 1 through December 31." C. Amend Subsection 17.05.010.H by deleting the duplicate part of the first sentence that reads, "may upon an application being filed within thirty days prior to the expiration." D. Amend Subsection 17.05.030.D by adding a second paragraph to read as follows: "Construction plans that do not adhere to the exact details of an approved development plan shall not be administratively approved without filing an application for a major or minor modification, whichever is applicable. However, if the director of planning determines that changes to an approved development plan are insignificant and they are not specifically cited in Subsection 17.05.030.B.2 and 3, then an application for a minor modification may not be necessary." E. Amend Subsection 17.06.020.0 to read, "Low Medium Density Residential (LM). The Low medium density residential zoning district is intended to provide for the development of single-family homes. Typical density for the low medium density residential development is from three to six dwelling units per net acre, with a target density of 4.5 dwelling units per acre." F. Amend portions of Table 17.06.050A by revising the column headings for front, rear and interior yards, adding "Guest House" to the Accessory Structure listing, clarifying the setback requirements for garages and gazebos, and by removing footnote number 3 from the footnote section of the table to read as follows: Table 17.06.050A Accessory Structures Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Garage Front Yard Interior Side Yard 1 Rear Yard 20 ft. (entrance faces street) 10ft. (entrance from side not facing front yard) 5 ft. min. but no less than 15 ft. from centerline of alley 5 ft. min. Gazebo/garden structure Not permitted 5 ft. 5 ft. if interior side yard 10ft. if street side yard on corner lot R:/Ords 2006/0rds 06-06 7 I I I Table 17.06.050A Accessory Structures Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Rear Yard Interior Side Yard 1 Front Yard Detached Second Unit Not permitted in the actual front yard. Refer to the rear yard setbacks in Table 17.06.040 Refer to the rear yard setbacks in Table 17.06.040 Refer to the side yard setbacks in Table 17.06.040 Refer to the side yard setbacks in Table 17.06.040 Detached Granny Flat or Guest House Notes: 1. 2. Not permitted in the actual front yard. On a corner lot, accessory structures are not permitted unless otherwise noted above. Accessory structures with walls must be separated from other accessory and primary structures by at least six feet. G. Amend portions of Table 17.08.030 by replacing the reference to Chapter 17.08 with Chapter 17.09 for Adult business, deleting the listings for "Alcohol and drug treatment (outpatient)" and "Offices, administrative or corporate headquarters, by adding "administrative corporate headquarters" to the listing for "Offices", by replacing the listings for "Automobile dealers <new and used) 1" and "Automobile sales (brokerage)-showroom only <new and used)-no outdoor display" and by conditionally permitting Automobile Sales RetaillWholesale/Brokerage (indoor display/storage of vehicles only) in the BP zoning district, by adding the words "and rental" after "Recreational vehicle sales", by permitting "Senior Citizen Housing" in the Service Commercial zoning district, and by adding "Sports and Recreational Facility" to the description of use and conditionally penmitting it in all commercial zoning districts to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC CC HT SC PO BP LI Adult business-subject to Chapter 17.09 of the Temecula Municipal Code Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C with outdoor display/storage of vehicles 1 Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C with outdoor display/storage of vehicles 1 Automobile Sales (Retail/Wholesale/Brokerage) - C C P - C C with only indoor display/storage of vehicles Offices, administrative, corporate headquarters P P P P P p5.6 p5.6 and professional services including, but not limited to, business law, medical, dental, R:/Ords 2006/0rds 06-06 8 I I I Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC CC HT SC PO BP LI veterinarian, chiropractic, architectural, engineering, real estate and insurance Recreational vehicle sales and rentals - - C C - - C Senior Citizen Housing (also see Congre9ate P P P P P - - Care) 4 Sports and Recreational Facility C C C C C C C H. Amend portions of Table 17.08.040A by adding a development standard for "Accessory structure- maximum height" to read a follows: Table 17.08.040A Development Standards - Commercial/Office/Industrial Districts For Develo ments within Planned Sho in Centers or Industrial/Business Parks Development Standards NC CC HT SC PO BP LI Accessory structure- 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. maximum height I. Amend portions of Table 17.24.040 by adding "Basketball or volleyball court" to Recreation Uses to read as follows: Description of Use Recreation Uses Basketball or VOlleyball court Table 17.24.040 Parking Spaces Required Required Number of Spaces 8 spaces per court, with other uses calculated separately J. Amend Subsection 17.24.040.F.5 by deleting the duplicate part of the sentence that reads, "(5) Credit." K. Amend portions of Table 17.24.050 by revising the heading for compact parking spaces to read, "Existing Compact Size Parking Spaces (new compact parking spaces are not allowed)." L. Amend Subsection 17 .28.070.A.1.b by replacing the reference to Subsection "17.06.050.L" with "17.06.050.K." R:/Ords 2006/0rds 06-06 9 I I I M. Amend Subsection 17.28.230.B.3 by replacing the reference to Subsection "(5) a. and b." with Subsection "(4) a. and b." N. Amend Subsection 17.32.060.C by replacing the word "less" with the word "more". O. Amend portions of Section 17.34.010 as follows: 1. follows: Revise the last sentence of the introductory paragraph to read as "The word "shall" is mandatory and not discretionary; the word "may" is permissive and discretionary." 2. Revise the definition for "Acreage, Net" to read as follows: ''''Acreage, Net" net acreage means the gross project or lot area, less that portion of the site to be used for arterial and collector roads and/or the f100dway portion of a flood plain." 3. Revise the definition for "Density" to read as follows: ""Density" means the number of residential dwelling units per acre of land." 4. Replace heading for "Drug abuse recovery or treatment facility" with "Alcoholism and/or drug treatment facility." 5. Revise the definition for "Health care facility" to read as follows: ""Health care facility" means a facility or institution, public or private principally engaged in providing a wide range of outpatient medical services, for health maintenance and the treatment of medical and physical conditions, and may include laboratory and pharmaceutical uses as secondary or supporting uses." 6. Delete the second sentence in the definition for "Lot Area, Net." 7. Delete the definition for "Office Professional." P. Amend Subsection 17.40.080.B.3 by adding the word "of' between the words "co-location" and "a." Section 7. 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. R:/Ords 2006l0rds 06-06 10 I Section 8. 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. The proposed amendments do not allow additional development to occur or allow for changes to the physical 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, a general rule of CEQA that allows a jurisdiction to determine that a project is exempt from CEQA, if that jurisdiction can determine with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 9. The City Clerk of the City of T emecula 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of June, 2006. I ATTEST: LJ nes, MMC [SEAL] I R:/Ords 2006l0rds 06-06 11 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-06 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2006, and that thereafter, said Ordinance was duly adopted by the City Council of the City of T emecula at a meeting thereof held on the 13th day of June, 2006, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Roberts ABSTAIN: 0 COUNCIL MEMBERS: None . Jones, MMC City Clerk R:/Ords 2006l0rds 06-06 12