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HomeMy WebLinkAbout94-19 CC OrdinanceORDINANCE NO. 94-19 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF TEMECULA AMENDING ORDINANCE 348 TO CREATE PROVISIONS AND REQUIREMENTS FOR THE APPROVAL OF MASTER CONDITIONAL USE PERMITS The City Council of the City of Temecula does hereby ordain as follows: Section 1. Findings The City Council of the City of Temecula hereby makes the following findings: A. That according to State Planning and Zoning Law, a City may adopt locally appropriate zoning and development regulations; B. That the City Council adopted the zoning regulations for the County of Riverside by reference shortly after incorporation; C. That the Council has determined there is a need to amend the current zoning regulations to create an appropriate mechanism for permitting the timely and efficient development of joint public-private projects; D. That an appropriate mechanism for permitting joint public-private projects is the Master Conditional Use Permit; and, no ordinances. That this Ordinance complies with all applicable requirements of State law and local Section 2. Ordinance Section 18.48 is hereby added to Article XVIII of Ordinance No. 348 to read as follows: "Section 18.48. MASTER CONDITIONAL USE PERMITS a. Purpose and Intent. The City Council has enacted this section to facilitate the timely and efficient development of large scale joint public-private projects. This section may be applied to any large scale development project for which the City of Temecula, Temecula Redevelopment Agency, Temecula Community Services District, or Temecula Industrial Development Authority has entered into a memorandum of understanding or development agreement to jointly investigate, consider, develop or construct a project, and the memorandum or agreement specifically authorizes the use of the master conditional use permit process. This Ords 94-19 I section is intended to provide for the specific approval of project facilities or uses in general locations. A Master Conditional Use Permit satisfies the requirements for specific conditional use permit(s) identified in the City zoning ordinance. b. Application Requirements. Applications for a Master Conditional Use Permit shall be submitted to the Planning Department on City application forms together with all fees, plans and any other information required by Section 18.26 of Ordinance 348 and the Director of Planning. c. Hearing and Notice. Upon determination that an application for a Master Conditional Use Permit is complete, a public heating before the Planning Commission shall be noticed and scheduled in a manner consistent with the provisions of Section 18.26. The Director and Planning Commission shall make recommendations to the City Council. The City Council shall be the final hearing body for Master Conditional Use Permits. d. Findings. To approve or conditionally approve a Master Conditional Use Permit, the City Council must make the following findings: 1. The proposed Master Conditional Use Permit is consistent with the General Plan, the development code, and applicable specific plans. 2. The proposed Master Conditional Use Permit is consistent with a signed memorandum of understanding or development agreement between the City and a private party. 3. The proposed Master Conditional Use Permit will result in a tangible and substantial public benefit. 4. The proposed Master Conditional Use Permit is consistent with the nature, condition and development of adjacent uses, buildings, and structures and that the proposed conditional use will not adversely affect the adjacent uses, buildings, and structures. 5. The site for the proposed conditional use is adequate in size and shape to accomm~te the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the zoning ordinance. 6. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. 7. The subsequent site specific development permits will be submitted and approved to incorporate all appropriate environmental impact mitigation measures and related on- and off-site improvements. Orda 94-19 2 e. Conditions of Approval. A Master Conditional Use Permit shall not be granted unless the applicant demonstrates that the proposed use(s) will not be detrimental to the health, safety or general welfare of the community. Any permit that is granted shall be subject to such conditions as shall be necessary to protect the health, safety or general welfare of the community. f. Subsequent Development Permits. 1. No specific use or activity authorized by a Master Conditional Use Permit may be initiated, and no authorized structure may be erected or used, unless a site specific development permit or plot plan has been approved by the Director of Planning. 2. The application for the subsequent approval(s) shall include the appropriate fee and shall be made in a manner and on the forms specified by the Director of Planning. 3. The Director of Planning shall ensure that all appropriate environmental impact mitigation measures and related on- and off-site improvements are made conditions of, or prerequisites to, the approval of the subsequent development permit. 4. The Director of Planning shall make a finding that any proposed subsequent development permits are consistent with the conditions identified in the approved Master Conditional Use Permit. 5. After a duly noticed public hearing, the Director of Planning may approve, approve with conditions, or deny any application for a subsequent site specific development permit. The Director may deny any application that is inconsistent with the approved Master Conditional Use Permit or the mitigation measures in the certified environmental document, or if the proposed subsequent development permit does not meet the performance standards contained in the zoning ordinance, or an applicable approved specific plan. g. Transferability of Master Conditional Use Permit. No Master Conditional Use Permit may be transferred or assigned without the specific written approval of the City Council. h. Use of Master Conditional Use Permit. 1. Unless otherwise provided in the conditions of approval, a Master Conditional Use Permit shall be null and void three (3) years after approval unless the permittee has commenced the conditionally approved use(s). Commencement of the use(s) shall mean the beginning of substantial construction of the authorized use(s), which construction must thereafter be pursued diligently to completion, or in the case of an existing building, the actual occupancy of the building or land under the terms of the approved permit. Ords 94-19 3 2. Prior to the expiration of the Master Conditional Use Permit, the permittee may request an extension of time in which to use the permit. For good cause, two (2) twelve (12) month time extensions may be granted by the City Council. The City Council may add additional conditions or requirements to the conditions of approval when approving a time extension. The request for an extension of time shall be made on the forms and in the manner prescribed by the Director of Planning. I. Revocation of a Master Conditional Use Permit. Any Master Conditional Use Permit may be revoked upon the findings and procedures contained in Section 18.31." Section 3. Environmental Compliance The City Council determines that this amendment to the City Zoning Ordinance is exempt from the requirements of the California Environmental Quality Act because adoption of this ordinance will have no impact on the environment (Section 15061(b)(3) of the CEQA Guidelines). Each application for a Master Conditional Use Permit will undergo the appropriate environmental analysis and review when specific applications are made. Section 4. 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 5. 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. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 6. PASSED, APPROVED AND ADOPTED this 12th day of July, 1994. Ron R~berts, Mayor ATTEST: e(~~S. Oreek, City Clerk [SEAL] Ordm 94-19 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 94-19 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of June, 1994, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 12th day of July, by the following roll call vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Mufioz, Parks, Stone, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: None eek, City Clerk Ords 94-19 5