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HomeMy WebLinkAbout07-15 CC Ordinance I I I ORDINANCE NO. 07.15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE SPECIAL USE REGULATIONS FOR AN INCREASE IN FLOOR AREA RATIOS, REQUIREMENTS FOR SWIMMING POOLS, AMEND PARKING STANDARDS FOR MEDICAL OR DENTAL OFFICES, INCORPORATE REFERENCES TO WATER QUALITY MANAGEMENT PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH THE AMERICANS WITH DISABILITIES ACT, AND MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE DEVELOPMENT CODE (PLANNING ACTIVITY LRP2107) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOllOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. The proposed amendments to Title 17 of the Temecula Municipal Code were processed and an environmental review was conducted as required by the California Environmental Quality Act. B. The Planning Commission of the City of Temecula held a duly noticed public hearing on September 19, 2007, to consider the proposed amendments at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to the matter. C. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed amendments, the Planning Commission adopted Resolution No. 07-38, recommending that the City Council approve the proposed amendments to Title 17 of the City of Temecula Municipal Code. D. On October 23,2007, the City Council of the City of Temecula held a duly noticed public hearing on the proposed amendments at which time all persons interested in the proposed amendments had the opportunity and did address the City Council on these matters, and following receipt of all public testimony closed the hearing. Section 2. Further Findinas. The City Council, in approving the proposed Municipal Code amendments in Planning Activity lRP2107, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: R:/Ords 2007/0rds 07-15 I I I A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findinas. 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 proposed amendments to Title 17 of the Temecula Municipal Code may have a significant effect on the environment. Staff prepared an Initial Study for the proposed project, and based on that Initial Study, staff concluded that there is no possibility that the Code amendments my have a significant effect on the environment. The proposed Development Code Amendments are minor policy changes, clarifications, and typographical corrections to Title 17 of the City of Temecula Municipal Code. One of the proposed amendments establishes performance criteria for projects that propose an increase in Floor Area Ration (FAR) above the Target FAR and does not change the target or maximum FAR, nor does it preclude an independent analysis of a site specific development project. The remaining proposed amendments do not result in an increase in the intensity or density of any land use above what is currently allowed in accordance with the Development Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments to Title 17 of the Temecula Municipal Code will have a significant effect on the environment. Section 4. The City Council of the City of Temecula hereby amends Tables 17.08.040A and 17.08.040B of the Temecula Municipal Code by replacing footnote number 2 of each table to read as follows: "2. All projects proposing an increase in FAR beyond the target FAR are required to comply with the criteria described in Section 17.08.050A" Section 5. The City Council of the City of Temecula hereby amends Subsection 17.08.050.A of the Temecula Municipal Code by replacing it in its entirety and by adding Table 17.08.050A to read as follows: "A. Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As part of the process of reviewing and approving an application for a development plan or conditional use permit, the approval authority may consider an increase in the maximum allowable intensity as indicated in Tables 17.08.040A and B. The amount of the increased intensity shall not exceed the R:/Ords 2007/0rds 07-15 2 I I I maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase may not be approved if the City engineer determines that the increased intensity would create an unmitigatable impact upon traffic circulation or would overburden any utilities serving the area. To be eligible for an increase in the floor area ratio, the applicant must meet the following: 1. A traffic impact analysis shall be prepared for the project as determined by the City Engineer. 2. Provide for FAR increase justifications from Table 17.08.050A as follows: a. Projects proposing an FAR increase of 0.01 to 0.10 shall incorporate two justifications from Category I, one justification from Category III, and one justification from Category IV of Table 17.08.050A. Projects proposing an FAR increase of 0.11 to 0.20 shall incorporate two justifications from Category I, one justification from Category II, one justification from Category III, and one justification from Category IV ofTable 17.08.050A. Projects proposing and FAR increase of 0.21 to 0.30 shall incorporate two justifications from Category I, two justifications from Category II, two justifications from Category III, and two justifications from Category IV ofTable 17.08.050A. Projects proposing an FAR increase of 0.31 or more shall incorporate two justifications from Category I, three justifications from Category II, three justifications from Category III, and three justifications from Category IV of Table 17.08.050A." b. c. d. Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation Uses which generate Utilize LEED Provide Provide trees at significant sales tax, or (Leadership in Energy bicycle 40% 36" box, uses that generate and Environmental lockers or 40% 24" box, and transient occupancy tax Design) eligible recycled lockable 20% 15-gallon building materials (such indoor sizes with all as exterior siding, storage, street and parking roofing materials, and changing lot tree sizes at a carpet - 20% minimum rooms, and minimum 24-inch box size at the R:/Ords 2007/0rds 07-15 3 I I I Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation recycle content) showers time of planting The project generates a Utilize LEED eligible Provide a Increase significant number of energy efficient location for landscaped open higher paying jobs (higher materials and design to an on-site space area paying jobs are include: roofing, daycare (increase must be considered skilled and insulation, exterior facility or equal to or professional jobs that siding, shading from provide a greater than 2% provide incomes of at awnings and deep location for a of the site area for least one-half the median recessed windows, daycare each 0.05 household income for the automated sensors and provider increase in FAR) City ofTemecula) controls for lighting, heating, and air conditioning, waterless urinals, low-flow toilets and faucets, and aerators and timers on faucets Provide enhanced public Provide for on-site Provide Increase facilities that are needed renewable energy parking landscaped by the City beyond (minimum of 10% of the designated setback (at least required mitigation impact facilities energy needs) as a park two feet additional measures. Examples and ride for each 0.05 include: the provision of facility increase in FAR) community meeting centers, enhanced transportation improvements, police or fire stations, and public recreation facilities Utilize "green roof' Provide a Provide an on-site technology landscaped public art feature courtyard of equal or open to a greater value than public street required by the (minimum City's Public Art area eaual to Ordinance and in R/Ords 2007/0rds 07-15 4 I I I Table 17.08.050A Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation 10% of the compliance with ground floor the City's Public area) Art Ordinance Provide water quality mitigation in excess of minimum NPDES requirements Provide all air conditioning equipment at a SEER rating that exceeds the minimum California Building Code requirement Section 6. The City Council of the City of Temecula hereby amends Table 17.06.050A and Subsection 17.06.050.E by allowing swimming pools and spas within the buildable area of front yards within the Very Low Residential, Rural Residential, and Hillside Residential Zoning Districts to read as follows: A. Amend Table 17.06.050A by adding footnote number 3 as follows: Table 17.06.05&A A.c<<~ssory $tructures Setb~cks for the VL, b1, L-2, lM, M, and H Zonin . >Sistricts Accesso Structure Swimming pool Swimming pool equipment Spa Interior Side Yard1 5 ft. 3 ft. 3 ft. Front 'lfard Not permitted 3 Not permitted 3 Not permitted 3 Rear Yard 5 ft. 3 ft. 3 ft. R/Ords 2007/0rds 07-15 5 I I I . 'f-abte,.~.06:05ltA . Acc~ssoryS~~~~resSetbac~~,(gt . the Vt.~L4, L-2, lMi., andH Zonin~e:r$tricts .,' Acce.ssorv Structure Front Yard Rear Yard. Interior Side Yard1 Notes: 3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts may be located in the front yards as outlined in Section 17.06.050.E B. Amend Subsection 17.06.050.E as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only within the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. 2. For the VL, RR and HR zoning districts swimming pools and spas may be located within the side or rear yards and shall have a minimum setback of five feet from any property line or building. Pool and spa equipment located within the side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from the front yard areas. For the VL, RR and HR zoning districts, pools and spas may also be located within the buildable area of the front yard. Pools and spas shall be enclosed by a non-climbable barrier per the Department of Building and Safety requirements. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units." Section 7. The City Council of the City of Temecula hereby amends Table 17.24.040 by increasing the parking standards for medical and dental offices as follows: Description of Use Health Care Facilities Medical and dental offices r'.'"'' Tablef7.24.040 Parking Spaces Required Required Number of Spaces 1 space/200 SF-GFA R:/Ords 2007/0rds 07-15 6 I I I Section 8. The City Council of the City of Temecula hereby amends Subsection 17.28.280.B.3 by adding the sentence, "Logos shall not exceed 25 percent of the overall sign area" to the end of the sentence, and hereby amends Subsection 17.28.280.C by inserting between the second and third sentence, "They shall only include letters, logos and arrows. Logos shall not exceed 25 percent of the overall sign area" and to re-enumerate the subsection. Section 9. The City Council of the City of Temecula hereby amends Section 17.28.070.A.4 by revising the requirement for landscaping for single and multi-tenant freestanding identification signs as follows: "i. Single tenant and building identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign. ii. Multi-tenant identification signs shall include landscaping that extends out from the base of the sign in all four directions, a distance equal to one-half of the overall height of the sign." Section 10. The City Council of the City of Temecula hereby amends the following Subsections of the Code to be consistent with Water Quality Management Plan requirements as follows: A. Amend Subsection 17.06.060 by adding a paragraph to the beginning of the Landscape Standards for Residential Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." B. Amend Subsection 17.08.060 by adding a paragraph to the beginning of the Landscape Standards for Commercial Zoning Districts to read as follows: "Landscaping in residential zoning districts shall be consistent with the Water Efficient Landscape standards established in Chapter 17.32, and shall be consistent with Water Quality Management Plan requirements." C. Amend Subsection 17.24.020.D.1.c of the Off-Street Parking and Loading, General Provisions as follows: "c. All parking areas within public view from the street, public right-of- way or adjacent properties shall be paved with an appropriate surface approved by the Department of Public Works. Such areas shall be maintained in a usable condition free of potholes and broken sections sufficient to prevent mud and/or dust, without accumulation of loose material or other deterioration." R:/Ords 2007/0rds 07-15 7 I I I D. Amend Subsection 17.24.050.G and H of the Off-Street parking and Loading, Parking Facility Layout and Dimensions as follows: "G. Drainage. All areas used for the movement, parking, loading of vehicles shall be graded to convey surface water consistent with the Water Quality Management Plan requirements (if applicable). Drainage shall not be permitted across the surface of walkways or driveways." "H. Landscaping. All landscape areas shall include tree, shrub and groundcover plantings. Layout of plant material shall be consistent with the City's adopted Water Efficient Landscape Ordinance and with Water Quality Management Plan requirements (if applicable)." Section 11. The City Council of the City of Temecula hereby amends the following Subsections and Tables of the Code to be consistent with terminology used with the Americans with Disabilities Act as follows: A. Amend the Industrial Use parking regulations in Table 17.24.040 for Self- storage/mini-storage warehouse facilities by replacing the word "handicap" with the word "disabled." B. Amend Residential Use regulations in Table 17.22.116 for Facilities for the mentally disordered, handicapped or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped or dependent or neglected for children (seven to twelve) by replacing the words "handicapped" with the word "disabled." C. Amend the Residential Use regulations in Table 17.06.030 for Facilities for the mentally disordered, handicapped, or dependent or neglected children (six or fewer), and for Facilities for the mentally disordered, handicapped, or dependent or neglected children (seven to twelve) by replacing the words "handicapped" with the word "disabled." D. Amend the Parking for Handicapped requirements in Subsection 17.24.040.D.1 through 3 by replacing the words "handicapped" in this Section with the words "disabled." E. Amend the Parking for Handicapped requirements in Subsection 17.24.040.D.4 to read as follows: "4. Disabled Parking Stall Size. Each parking space designated for use by the disabled shall conform to the California Building Code and the Americans with Disabilities Act." F. Amend the heading for "Parking Spaces for the Handicapped" in Table 17.24.050 with "Parking Spaces for the Disabled." R:/Ords 2007/0rds 07-15 8 I I I G. Amend Subsection 17.24.050.K for Wheel Stops by replacing the word "handicapped" with the word "disabled." H. Amend the definitions in Subsection 17.34.010 for "Community care facility", "Congregate care", and for "Handicapped housing" by replacing the words, "handicapped" with the words "disabled." I. Amend the Supplemental Development Standards in Subsection 17.10.020.M by replacing the word "handicapped" with the word "disabled." Section 12. Amend Table 17.08.030 by adding number "1" to following uses, Bed and breakfast, Car wash (full service), Convenience market (with the sale of alcoholic beverages), Heliports, Kennels, Liquor stores, Motorcycle sales and services, Nightclubs/taverns/bars/dance/teen club, Restaurants and other eating establishments (with or without the sale of beer and wine), Restaurants with lounge or live entertainment, and Truck sales/rentals/service to read as follows: Table>17.08.030 Schedule of Permitted Uses ~orRmerciatfOfflcellndustrialDistricts Description of Use NC CC HT 5 PO BP LI C Bed and breakfast 1 - C p - - C - Car wash, full service 1 - C C C - - C Convenience market (with sale of alcoholic C C C C C - - beverages) 1 Heliports 1 - - - - - C C Kennels 1 - C - C - p p Liquor stores 1 - C C C - - - Motorcycle sales and services 1 - - - p - - C Nightclubs/taverns/bars/dance/teen club - C C C - - - Restaurants and other eating establishments P P P P P P P (with or without the sale of beer and wine) 1 Restaurants with lounge or live entertainment1 - C C C - C - Truck sales/rentals/service 1 - - - C - - C Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. R:/Ords 2007/0rds 07-15 9 I I I Section 13. Amend Table 17.08.030 for automobile sales to read as follows: pescdption of Use Table 17.08.030 Schedule olgermitted UseS" . COQlmerciatlOfficellndu~triat DlsiJ!fc$ - "",,' ',.:-,:',./\, "':.-" - NC €G tiT S PO BP C LI Automobile sales with outdoor display/storage of vehicles 1 Automobile sales with no display/storage of vehicles C C C C P C C Section 14. The City Council of the City of Temecula hereby makes the following typographical corrections to the following Subsections of Title 17 as follows: A. Amend the definition for "Density" in Subsection 17.34.010 to be consistent with the definition used in the General Plan by adding the word "net" between the words "per" and "acre." B. Amend Subsection 17.28.600D.3 by replacing the word "leave" with the word "eave." Section 15. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 16. Notice of AdoDtion. The City Clerk of the City of Temecula 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. R:/Ords 2007/0rds 07-15 10 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 6th day of November, 2007. ATTEST: LJ [SEAL] 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. 07-15 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 October, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 6th day of November, 2007, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSENT: 1 Roberts ABSTAIN: 0 COUNCIL MEMBERS: None W. Jones, MMC City Clerk R/Ords 2007/0rds 07-15 11