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Home My WebLink About08-13 CC Ordinance ORDINANCE NO. 08-13 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE CITY OF TEMECULA MUNICIPAL CODE TO DEFINE FULL SERVICE HOTELS, REVISE THE INTENSITY BONUS JUSTIFICATION REQUIREMENTS FOR FULL SERVICE HOTELS WHOSE INTENSITY OF DEVELOPMENT EXCEEDS THE TARGET FLOOR AREA RATIO ALLOWED IN THE ZONE, ADD NEW PARKING STANDARDS FOR FULL SERVICE HOTELS, AND ADD PROVISIONS TO ALLOW FOR TANDEM PARKING SPACES FOR FULL SERVICE HOTELS WHEN VALET SERVICE IS PROVIDED (LONG RANGE PLANNING APPLICATION NO. LR08-0045) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. 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 November 5, 2008, 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. 08-48, recommending that the City Council approve the proposed Amendments to Title 17 of the City of Temecula Municipal Code. D. On November 25, 2008, 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 Findings. The City Council of the City of Temecula, in approving the proposed Municipal Code Amendments in Long Range Planning ' Application No. LR08-0045 hereby makes the following additional findings as required by section 17.01.040 ('Relationship to the General Plan") of the Temecula Municipal Code: RJOrds 2008IOrds 08.13 1 A. The proposed Amendments to Title 17 of the Temecula Municipal Code t 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 Findings. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed City Council Ordinance No. 08-_ 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 Ordinance will have a significant effect on the environment. There is no possibility that the Code amendments will have a significant effect on the environment because the proposed Development Code Amendments are minor policy changes and clarifications to Title 17 of the City of Temecula Municipal Code. Staff has reviewed the proposed changes to the Development Code in context to their environmental impacts and determined that there is no potential for an adverse impact on the environment. The ' proposed amendments do not allow for additional development to occur or allow for significant adverse changes to the physical environment. The proposed amendment will strengthen the City's ability to conduct CEQA review for the future development of full service hotels within the City since the Development Code Amendment requires the preparation of a traffic study for projects which exceed the target intensity (Floor Area Ratio). As a result, site-specific CEQA review will occur for every development application for full service hotels. The proposed amendments are minor clarifications of the Code and will ensure compliance with CEQA. 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. As a result, staff has concluded that the project is exempt from further environmental review pursuant to CEQA Section 15061 (b) (3), as it has been determined, with certainty, that there is no possibility that the Development Code Amendments will have a significant effect on the environment. Section 4. That 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 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 Table 1 7.08.040A. The ' amount of the increased intensity shall not exceed the maximum of the density range or floor area ratio stated for the specific land use designation. The requested increase RJOrds 2008/Ords 08-13 2 may not be approved if the City's traffic 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's traffic engineer. 2. All projects, (with the exception of "full service hotels", for which separate justification requirements are provided below in Section 17.08.050 (3)) shall 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. b. 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 of Table 17.08.050A. C. Projects proposing an 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 of Table 17.08.050A. d. 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. 3. Full service hotel projects, must provide FAR increase justifications from Table 17.08.050 A as follows: a. Full service hotel projects proposing an FAR increase above the target FAR allowed for the zone shall incorporate one justification from Category I, one justification from Category II, one justification from Category III and one justification from Category IV, of Table 17.08.050A. RJOrds 2008/Ords 08-13 3 Table 17.08.050A ' Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape 8r 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 changing lot tree sizes at a materials, and carpet - rooms, and minimum 24-inch 20% minimum recycle showers box size at the content time of planting The project generate Utilize LEED eligible Provide a Increase a significant number of energy efficient location for landscaped open higher paying jobs materials and design to an on-site space area (higher 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 awnings and deep location for a of the site area incomes of at least one- recessed windows, daycare for each 0.05 half the median automated sensors and provider increase in FAR) household income for the controls for lighting, city of Temecula) 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 facilities energy needs) as a park two feet mitigation impact and ride additional for measures. Examples facility each 0.05 include: the increase in FAR) provision of community meeting centers, enhanced transportation improvements, police or fire stations, and ' public recreation facilities R:/Ords 2008/Ords 08-13 4 Table 17.08.050A ' Justifications for an FAR Increase Category I Category II Category III Category IV Amenities Landscape & Art Community Benefit Conservation Utilize "green roof' Provide a Provide an on- technology landscaped site public art courtyard feature of equal open to a or greater value public street than required by (minimum the city's public area equal art to 10% of ordinance and in the ground compliance with floor area) the city's public 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 5. The City Council of the City of Temecula hereby amends subsection 17.24.020 to add a new section 17.24.020 (F) to follow Section E, to read as follows: F. Tandem ParkingNalet Parking. Tandem parking for commercial uses may be approved provided that the tandem parking is limited to the following purposes: 1. Valet parking areas associated with a full service hotel. Tandem parking spaces associated with valet service may be counted toward meeting the minimum parking requirements for the use. 2. Valet service shall be provided to and from the main entrance of the hotel. A passenger loading and unloading zone, as approved by the city's traffic engineer shall be provided near the main entrance. ' 3. Availability of valet service shall be conspicuously posted inside and outside the establishment near the main entrance. RJOrds 2008/Ords 08-13 5 ' 4. All designated valet parking area in which the automobiles are to be parked shall not be farther than 800 feet from the main entrance. Section 6. The City Council of the City of Temecula amends table 17.24.040 "Parking Spaces Required" to add a new row for "full service hotels" under the "Commercial Uses- Retail and Service" column, and by adding 1 space/guest room or suite (ancillary conference rooms, meeting rooms and ballrooms within the hotel shall be parked at 1 space/300 square feet of gross floor area," under the corresponding row under the "Required Number of Spaces" column, as follows: Commercial Uses-Retail and Service Furniture stores, bulk goods, floor covering, 1 space/500 SF of GFA home improvement General retail with less than 25,000 SF-GFA 1 s ace/300 SF-GFA General retail with 25,000 SF or greater See shopping center Hotels and motels 1 space/guest room plus 1 space/10 rooms for nests and 2 spaces for resident manager Full Service Hotel 1 space/guest room or suite (ancillary conference rooms, meeting rooms and ballrooms within the hotel shall be parked se aratel at 1 s ace/300 SF GFA Laundromat 1 s ace/3 washing machines ' Plant nurseries 1 space/500 SF indoor GFA, plus 1 s ace/1,000 SF gross outdoor retail area Outdoor sales, including lumberyards, car 1 space/1,000 SF gross outdoor sales area, sales, salvage yards plus 1 s ace/300 SF of indoor sales area Restaurants Dine-in 1 space/100 SF-GFA, with a minimum of 10 spaces in all cases Fast food 1 space/75 SF-GFA, with a minimum of 10 spaces in all cases Shopping center (25,000 SF-GFA or 1 space/300 SF-GFA with the following greater) additions: Cinemas in sho in centers 1 s ace/5 seats Restaurant areas occupying greater than 1 space/100 GFA 15 percent of total shopping area GFA Section 7. The City Council of the City of Temecula adds to Section 17.34.010 "Definitions and Illustrations of Terms," a new definition for full service hotels under subsection "F" Definitions and Illustrations, to read as follows: "Full Service Hotel" means a hotel which provides lodging facilities and full service on- site restaurant facilities and meeting space, such as a ballroom; along with additional ancillary services within the facility, which may include health club/spa services, ' concierge services, room service, valet service, or similar hospitality related amenities, as determined by the Director of Planning. RJOrds 2008/Ords 08-13 6 Section 8. Severability. 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 any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 9. Notice of Adoption. 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of December, 2008. Michae ggarf , Mbyor ' ATTEST: /fin ~ e-~o Susan . Jones, MMC City CI k [SEAL] R:/Ords 2008/Ords 08-13 7 ' 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. 08-13 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 25th day of November, 2008, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 9th day of December, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None Susa W. Jones, MMC City Clerk RJOrds 2008/Ords 08-13 8