HomeMy WebLinkAbout10-07 CC Ordinance ' ORDINANCE NO. 10 -07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY
DAYCARE REQUIREMENTS TO BE CONSISTENT WITH
STATE LAW, UPDATE PUBLIC NOTICING
REQUIREMENTS, REQUIRE A CONDITIONAL USE
PERMIT FOR CERTAIN WINE TASTING
ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT
SIGNS, STREAMLINE EXTENSION OF TIME
APPLICATION REQUIREMENTS, REMOVE THE TERM
"GRANNY FLAT," REVISE GUEST HOUSE
REQUIREMENTS AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09 -0001)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES 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 amendment to Title 17 of the Temecula Municipal Code
was 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 February 3, 2010, to consider the proposed amendment 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 amendment, the Planning
Commission adopted Resolution No. 10 -04 recommending that the City Council
approve the proposed amendments to Title 17 of the Temecula Municipal Code.
D. On March 23, 2010, the City Council of the City of Temecula held a duly
noticed public hearing on the proposed amendment 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.
R: /Ords 2010 /Ords 10 -07 1
1 Section 2. Further Findings. The City Council, in approving the proposed
Temecula Municipal Code amendments in Long Range Planning Project No. LR09-
0001, hereby makes the following additional findings as required by Section 17.01.040
( "Relationship to General Plan ") of the Temecula Municipal Code:
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 Findings. Pursuant to California Environmental
Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Ordinance amending portions of Title 17 Of the
Temecula Municipal Code to revise family daycare requirements to be consistent with
State law, update public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time application requirements,
remove the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections Application, as described in the Initial Study
( "the Project'). Based upon the findings contained in that study, City staff determined
that there was no substantial evidence that the Project could have a significant effect on
the environment and a Negative Declaration was prepared.
A. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on July 16, 2009, and expired on August 15, 2009.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall 43200 Business Park Drive,
Temecula, California 92590.
B. No written comment(s) were received during the public comment period.
C. The City Council has reviewed the Negative Declaration and any
comments received regarding the Negative Declaration prior to and at the March 23,
2010 public hearing, and based on the whole record before it finds that: (1) the
Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3)
Negative Declaration reflects the independent judgment and analysis of the City
Council.
R: /Ords 2010 /Ords 10 -07 2
' D. Based on the findings set forth in the Resolution, the City Council hereby
adopts the Negative Declaration prepared for this project and directs the Director of
Planning to file a Notice of Determination as required by law.
Section 4. The row "Large family day care home facility" of Table 17.03.010
(Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03
(Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to delete footnote 1 in the row under "Large family day care home
facility" and relocate the "X" (for Approval Authority) to the column "Administrative
Approval' to read as follows:
Table 17.03.010
Plannin and Zoning Approval Authori
Application Administrative Planning Planning City
Approval Director Commission Council
Large family day care home X
facili
Section 5. Section 17.04.050 (Large family day care permits) of the Temecula
Municipal Code is hereby deleted in its entirety.
Section 6. The row "Family day care homes — large" of Table 17.06.030
(Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06
(Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows:
Family day care homes — large P P P P P P P P
Section 7. Note "1" of Table 17.06.030 (Residential Districts) of Section
17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows:
11 1. Subject to the provisions of Section 17.06.050(1) of this Chapter."
Section 8. Subsection I (Family Day Care Homes) of Section 17.06.050
(Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title
17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"I. Family Day Care Homes.
1. Small family day care homes. Small family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all residential zoning districts. Although no specific permit is required,
' compliance with the performance standards contained in Section 17.06.050(1)(3)
is required.
RJOrds 2010 /Ords 10 -07 3
' 2. Large family day care homes. Large family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all single family zoning districts with the approval of a permit for a large family
day care home pursuant to the provisions of Section 17.06.050(1)(4).
Compliance with the performance standards contained in Sections
17.06.050(1)(3) is also required.
3. All family day care homes shall comply with the following requirements:
a. All family day care homes shall be state licensed and shall be
operated according to all applicable state and local health and safety
requirements and regulations; and
b. All family day care homes shall comply with all land use regulations
and site development standards of the zoning district in which they are
located.
4. In addition to the provisions of Section 17.06.050 (1)(3) above, large family
day care homes shall comply with the following requirements:
a. Standards. The Planning Director shall issue a use permit to a
large family day care home if the large family day care home meets the
following standards and requirements as prescribed by State law:
i. There shall be a minimum distance of five hundred feet
(500') between the exterior property line of the site on which the
large family day care home is located and the exterior property line
of the nearest large family day care home. The foregoing minimum
distance requirements shall not apply to small family day care
homes or school day care facilities.
ii. The operation of the large family day care home shall
comply with all applicable noise regulations of this Code or the
General Plan. The use of amplified music which can be heard from
a public right of way or neighboring property is prohibited during the
large family day care home's hours of operation.
iii. In addition to the parking otherwise required for a single -
family home, one off - street parking space shall be provided for
each nonresident employee, nonresident aide and any other
nonresident person engaged in the operation of the day care home.
The parking space may be in the third space of an extra wide
driveway or in the garage. At least two driveway spaces shall be
open for access and loading.
RJOrds 201010rds 10 -07 4
' iv. At least one loading space, either in the driveway of the
home, or at the curb immediately in front of the home, must be
available for passenger loading and unloading, provided that the
use of the driveway will not block the public right -of -way and all
traffic laws are obeyed. Where street parking is available for
residential uses, that shall be sufficient for this purpose provided
that all traffic and parking regulations are obeyed and double
parking is prohibited.
b. Procedure. An application for a permit to operate a large family day
care home shall be filed with the Planning Director in a form provided by
the Director. Such application shall be completed and processed in
accordance with Section 17.03.030 and pursuant to the following
procedures as required by state law:
i. Notice. Notice of the Planning Director's decision to approve
or deny a large family day care home shall be shall be mailed, by
United States mail, postage prepaid, to the applicants and all
owners shown on the last equalized assessment roll as owning real
property within one hundred feet (100') of the exterior boundaries of
the proposed large family day care home ten at least (10) days
prior to the effective date of the decision.
' ii. Hearing. No public hearing on the application shall be held
unless a hearing is requested in writing by the applicant or by an
affected party owning real property within one hundred feet (100')
of the exterior boundaries of the proposed large family day care
home. The hearing, if requested, shall be conducted by the
Planning Director.
iii. Appeal. The applicant or any interested party may appeal
the decision of the Planning Director to the Planning Commission.
The appellant shall pay the cost, if any, of the appeal."
Section 9. The term "family day care home" under Subsection F ( "F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home" means a home which regularly provides care, protection,
and supervision of fourteen (14) or fewer children, in the provider's own home, for
periods of less than twenty -four (24) hours per day, while the parents or guardians are
away. This includes large and small family day care homes."
R: /Ords 2010 /Ords 10 -07 5
Section 10. The term "family day care home, small' under Subsection F ( "F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, small. "Small family day care home" means a home
which provides family day care to eight (8) or fewer children, including children under
the age of ten (10) years who reside in the home, as defined in Chapter 3.4, Division 2
of the California Health and Safety Code."
Section 11. The term "family day care home, large" under Subsection F ( "F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, large. "Large family day care home" means a home
which provides family day care to seven (7) to fourteen (14) children, including children
under the age of ten (10) years who reside in the home, as defined in Chapter 3.4,
Division 2 of the California Health and Safety Code."
Section 12. Section 17.03.040 (Public hearing and notification) of Chapter
17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to read as follows:
' "17.03.040 Public hearing and notification.
A. Setting Public Hearing. A public hearing for an application shall be in
accordance with the California Government Code. The hearing date will be set before
the City Council, Planning Commission, Planning Director, or other appropriate hearing
body only when the following have occurred:
1. The Planning Department has determined that the application is
complete.
2. All required procedures of the California Environmental Quality Act
(CEQA) and Temecula guidelines for the implementation of CEQA have been met.
B. Notice of Hearing for Review of Applications. Not less than ten (10)
calendar days prior to the date of a public hearing, the City Clerk shall give notice that
shall include the following information concerning the public hearing: time, place,
identity of the approval body, nature of the application, general explanation of the matter
to be considered, and a general description (in text or by diagram) of the location of the
real property, if any, that is the subject of the hearing. The City Clerk shall distribute the
notice as follows:
1. A copy of the notice shall be published at least once in at least one
' local newspaper of general circulation in the city; provided, however, that if there is no
newspaper of general circulation in the city, the notice shall be posted in at least three
publically accessible locations in the city.
R: /Orris 2010 /Ords 10 -07 6
' 2. The notice shall be mailed first class and postage pre -paid to the
applicant and its representative (as shown on the application); to the property owner (as
shown on the latest available equalized assessment roll of the County of Riverside) 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
Director's judgment, be affected by the establishment of the use or zone requested.
3. Notices shall be sent to public departments, bureaus, or agencies
which are determined by the Planning Director to be affected by the application or
otherwise requiring notice.
4. Whenever the Temecula City Council, Planning Commission,
Planning Director, or other appropriate hearing body considers the adoption or
amendment of policies or ordinances affecting drive - through facilities, the City Clerk
shall incorporate, where necessary, notice procedures to the blind, aged, and disabled
communities in order to facilitate their participation.
5. Any petition for judicial review of a decision of the City Council,
Planning Commission, Planning Director, or other appropriate hearing body shall be
' filed within time required by, and shall be controlled by, Sections 1094.5 and 1094.6 of
the California Code of Civil Procedure. All posted, published or mailed notices of public
hearings to be conducted by the City Council, Planning Commission, Planning Director,
or other appropriate hearing body, shall contain the following:
"Any petition for judicial review of a decision of the City Council, [Planning
Commission, Planning Director, or other appropriate hearing body] shall be filed within
time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code
of Civil Procedure. In any such action or proceeding seeking judicial review of, which
attacks or seeks to set aside, or void any decision of the Temecula City Council
[Planning Commission, Planning Director, or other appropriate hearing body] shall be
limited to those issues raised at the hearing or in written correspondence delivered to
the City Clerk at, or prior to, the public hearing described in this notice."
6. All noticing requirements required by the California Environmental
Quality Act (CEQA) and the City guidelines for the implementation of CEQA shall be
followed.
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 (4) feet by
four (4) 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
RJOrds 2010 /Ords 10 -07 7
' can be obtained. For properties less than five (5) acres in size, one (1) sign per
improved street frontage shall be posted on site. For properties greater than five (5)
acres in size, two (2) signs per improved street frontage shall be posted on site. For
properties that are unusually shaped or within a unique location, the Planning Director
may determine the location for sign posting or require additional noticing of the
proposed project. For projects that may change or intensify the existing use or zoning,
the Planning Director may require supplemental or larger signs or both.
D. Continuances. If, for any reason, testimony on a case cannot be heard or
completed at the time set for such hearing, the chair of the hearing body may continue
or extend the hearing to another time. Before adjournment or recess, the chair shall
publicly announce the time and place at which the hearing will be continued. If the
hearing is continued to a specific time and place, no further notice shall be required.
E. Notice of Decision. The City Council, Planning Commission, Planning
Director, or other appropriate hearing body shall hear relevant testimony from interested
persons and shall make its decision within fifteen days after the close of the public
hearing. Notice of the decision shall be filed by the Planning Director with the City
Clerk, together with a report of the proceedings, not more than fifteen days after the
decision. A copy of the notice of decision shall be mailed first class and postage pre-
paid to both the applicant and to its representative (as shown on the application) and to
any person who has made a written request for a copy of the decision.
' F. Withdrawal of an Application. Any application may be withdrawn at any
time prior to a public hearing by filing with the approving body a written request for
withdrawal. The request for withdrawal shall be signed by all persons who signed the
original application or their designated agents or current fee owner. Any such
application or petition may be withdrawn after commencement of a public hearing
thereon, with approval of the hearing body. At the time of the withdrawal of the
application, consideration may be given for refunding of application fees in whole or in
part, based upon the time expended by the City staff up to the time of withdrawal of the
application. Refunding policies shall be established by the City Council."
Section 13. Subsection 17.03.090.B.1 of Subsection 17.03.090.6 (Decisions
Which May Be Appealed to Planning Commission) of Section 17.03.090 (Appeals) of
Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning) is hereby amended to read
as follows:
11 1. Actions by the director of planning on approval of development permits,
conditional use permits and extensions of time."
Section 14. The entire row "Granny flat' of Table 17.06.030 (Residential
Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts)
' of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted.
RJOrds 2010 /Ords 10 -07 8
' Section 15. The entire row "Granny flat' of Table 17.24.040 (Parking Spaces
Required) of Section 17.24.040 (Parking Requirements) of Chapter 17.24 (Off Street
Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
deleted.
Section 16. The Table 17.06.050A (Accessory Structures Setbacks for the HR,
RR, VL, L -1, L -2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use
standards and regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby modified to delete the words "granny flat or"
within the column Accessory Structure.
Section 17. The entire row "Granny flat' of Table 17.22.116 (Schedule of
Permitted Uses Margarita Road Planned Development Overlay District -2) of Section
17.22.116 (Use regulations) of Article III (Margarita Road Planned Development Overlay
District -2) of Chapter 17.22 (Planned Development Overlay Districts) of Title 17
(Zoning) of the Temecula Municipal Code is hereby deleted.
Section 18. The term and definition for "Granny flat housing" within Section
17.34.010.G (Definitions and illustrations of terms) of Chapter 17.34 (Definition of terms)
of Title 17 (Zoning) is hereby deleted in its entirety.
Section 19. The term and definition for "Guest House" within Section
' 17.34.010.G (Definitions and illustrations of terms) of Chapter 17.34 (Definition of terms)
of Title 17 (Zoning) is hereby amended to read as follows:
"Guest House" means an additional structure to a primary residence on a parcel
zoned for single - family residential, attached or detached, utilized as an incidental
use to the primary residence, but shall not be utilized as self- contained living
quarters or a secondary dwelling unit (see Secondary Dwelling Unit) and shall
not contain cooking facilities which require outside venting per the Uniform
Building Code. A guest house shall not exceed twelve hundred square feet in
area and shall contain a bathroom with a toilet, sink, and a bathtub and /or
shower if it is over eight hundred square feet.
Section 20. Section 17.28.080 (Sign Programs) of Chapter 17.28 (Sign
Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
read as follows:
"17.28.080. Sign Programs.
A. Sign Program Required. In addition to the sign permits required by this
Chapter, 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 without sign programs, the purpose of this
provision is to bring centers or buildings without sign programs into conformance with
R: /Ords 2010 /Ords 10 -07 9
the development code, while allowing existing legal signage to remain until new signage
is proposed.
1. New Sign Program. For new developments (and for approved or existing
developments that propose a major modification or propose to replace or
construct a new permanent freestanding or wall mounted sign), a new sign
program is required only if any of the following circumstances exist:
a. Whenever a shopping center, neighborhood commercial center,
office center, building, or development is greater than 100,000 square feet
in total building area and has more than a total of four permanent signs
counting wall mounted and free standing signs;
b. Whenever the development contains a historic structure; or
C. Whenever a proposed permanent sign exceeds or cannot comply
with the standards required by this Chapter due to unique characteristics
of the site or building fagade upon which the sign is placed.
2. Existing Sign Program. All approved sign programs for existing or
approved developments shall remain in full force and effect and any revision to
an approved sign program shall require a modification planning application.
B. Findings. The following findings must be made by the approval body prior
to approving a sign program:
1. The proposed signs enhance the development, and are in harmony with,
and visually related to:
a. All of the signs included in the sign program. This shall be
accomplished by incorporating several common design elements such as
materials, letter style, colors, illumination, sign type or sign shape;
b. The buildings and /or the developments they identify by utilizing
materials, colors or design motifs included in the building being identified;
and
C. Surrounding development by not adversely affecting surrounding
land uses or obscuring adjacent approved signs.
2. The sign program accommodates future revisions which may be required
due to changes in building tenants; and
3. The proposed sign program satisfies the intent of this chapter, in that the
sign program complies with all the regulations of this chapter, except that
' flexibility is allowed with regard to sign area, number, location and height.
Further, to the extent the sign program does not comply with the requirements of
R: /Ords 2010 /Ords 10 -07 10
' this chapter as to sign area, number, location and height, the proposed sign
program enhances the development and more fully accomplishes the objectives
of this chapter."
Section 21. Subsection B (Standards for Permanent Wall Mounted Signs for
Buildings with Two Stories or Less) of Section 17.28.070 (General requirements for
permanent signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories
or Less.
1. Location. Wall signs shall not be located on windows or doors.
2. Number.
a. For multitenant buildings, only the major tenant within the suite is
permitted to have a wall sign. Subleasing tenants are not permitted to
have wall signs.
b. Maximum of four signs per business shall be allowed including all
wall mounted business identification signs, freestanding signs and freeway
' signs (if any permitted). However, businesses with freestanding freeway
signs shall only be permitted a maximum of three signs, or four signs as
permitted by Section 17.28.210(A)(1)(a).
3. Area.
a. For businesses with more than one permitted wall mounted sign,
the second sign shall not exceed eighty percent, third seventy percent,
and fourth sixty percent of the maximum allowable for the corresponding
frontages. This standard shall not apply to a permitted wall mounted
freeway oriented signs.
b. Wall signs shall not cover more than one square foot of sign area
per linear foot of the architectural facade upon which the sign is located
(and no more than seventy -five percent of the surface of the building face
that the sign is located on excluding window and door areas). Maximum
area of sign shall also not exceed one square foot of sign area per linear
foot of business frontage.
C. Wall signs shall not extend more than seventy -five percent of the
suite length for multitenant buildings or building frontage for single tenant
buildings.
R: /Ords 2010 /Ords 10 -07 11
' 4. Letter Height. Minimum letter height shall be eight inches. For wall signs
in two lines or more the second line may have a minimum letter height of six
inches.
5. Design.
a. A diversity of letter types and colors shall be encouraged for wall
signs within centers to create interest.
b. The use of graphics consistent with the nature of the product to be
advertised shall be encouraged, i.e., hammer symbol for a hardware store,
mortar and pestle for a drug store.
C. Sign colors shall be selected that provide a significant contrast
between the background colors and the letters.
6. Illumination.
a. Internal illumination for wall signs is acceptable in the following
forms:
i. Internally illuminated channel letters;
' ii. Internally illuminated reverse channel letters; or
iii. Exposed neon if used in channel letters with transparent
face or no face with the inside of channel lettering colored the same
color as the neon;
iv. Other exposed neon applications.
b. External illumination is not permitted unless approved as part of a
planning application (sign program, minor modification, major modification
or development plan as applicable)."
Section 22. Subsection B of Section 17.28.240 (Requirements for wall mounted
business or building identification signs for buildings with two stories or less in
commercial districts) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum area of signs shall not exceed one square foot of linear foot of
architectural fagade upon which the sign is located (and shall not cover more than
seventy -five percent of the surface of the building face that the sign is located on
excluding window and door areas). Maximum area of sign shall also not exceed one
' square foot of sign area per linear foot of business frontage."
RJOrds 2010 /Ords 10 -07 12
' Section 23. Section 17.28.325 (Freeway oriented signs in professional office
district) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows:
"17.28.325 Freeway oriented signs in professional office district.
Only travel oriented commercial uses such as gas stations, restaurants, fast food
establishments and hotels /motels with freeway frontage are permitted to have freeway
oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted
signs. Freestanding signs may identify centers, multiple tenants, and /or single tenants.
The provisions included in Section 17.28.210 shall apply to all signs permitted by this
subsection."
Section 24. Subsection F (Government Signs) of Section 17.28.050 (Exempt
signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to read as follows:
"F. Government Signs. Any official government sign, including a
governmental directional sign, or a public notice or warning required by an applicable
federal, state or local law, regulation or ordinance.
1. Offsite directional signs for public college or public universities.
' a. General Requirements.
i. Each campus shall be permitted no more than three (3)
signs within the City of Temecula. The Planning Director may
authorize additional signs if it is determined necessary to serve the
public.
ii. Any sign proposed within the public right -of -way must obtain
an encroachment permit and approval by the Public Works
Director.
iii. Maximum height of the pole shall be ten feet.
iv. The edge of the bottom of the sign shall not be lower than
seven feet above ground level.
V. Maximum sign area for each sign shall be six square feet.
vi. Signs shall have a royal blue background with white letters
consistent with the governmental directional signs located within
' the City of Temecula and shall not contain any logos or any
information other than the name of the public college or public
RJOrds 2010 /Ords 10 -07 13
' university and an arrow indicating direction of the school.
Maximum letter height shall be eight inches.
b. Findings.
i. Public colleges and public universities attract a constant
influx of new visitors to the area and adequate directional signage
is necessary to ensure the safety of the community by providing
guidance to nonresidents or the general public unfamiliar with the
area. These directional signs help to ensure the general public can
safely and easily find the school.
ii. Higher public education is a local as well as a regional
priority driven by public needs and coordination between City
government and public colleges /public universities will support and
benefit the general public's pursuit of higher education.
iii. The sign is intended to serve a public college or public
university located within the City and conforms to the intent and
language of the City's General Plan. The size, shape, color, visual
elements and placement of the described sign shall be compatible
with the surrounding area and with other lawful signs and will not
detract from the character or quality of the surrounding properties."
Section 25. The entire row "Wine tasting shop (including product sale for off -site
consumption)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 26. Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add two additional rows inserted
alphabetically within Subsection W within Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial /Office /Industrial Districts
Description of Use NC I CC I HT I SC PO BP LI
W
Wine tasting shop, with or without product
sale for off -site consumption (Department C P P P - - of Alcoholic Beverage Control Type 02
' I onl
Wine tasting shop, with or without product C C C C
R: /Ords 2010 10rds 10 -07 14
' Table 17.08.030
Schedule of Permitted Uses
Commercial /Office /Industrial Districts
Description of Use NC I CC HT I SC I PO I BP I LI
sale for off -site consumption (Department
of Alcoholic Beverage Control License
Types other than Type 02
Section 27. The entire row "Alcoholic beverage sales in conjunction with an
otherwise allowable use (examples include: bowling alleys, golf courses and wine
tasting establishments)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 28. Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add one additional row inserted
alphabetically within Subsection A within Table 17.08.030 to read as follows:
Table 17.08.030
' Schedule of Permitted Uses
Commercial /Office /Industrial Districts
Description of Use NC I CC I HT I SC I PO I BP LI
A
Alcoholic beverage sales in conjunction with
an otherwise allowable use (examples C C C C C C C
include: bowling alleys and golf courses'
Section 29. Section 17.05.020.1-1 (Time Extension) of 17.05.020 (Administrative
approval of development plan) of Chapter 17.05 (Development Plans) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"H. Time Extension. The Planning Director may, upon an application being
filed prior to expiration and for good cause, grant a time extension of up to three
one -year extensions of time. Each extension of time shall be granted in one -year
increments only. Upon granting of an extension, the Planning Director shall
ensure that conditions of the administrative approval comply with all current
development code provisions.
1. For any time extension that administratively extends an approval
that was originally approved at a public hearing, notice of the Planning
' Director's decision to administratively approve a time extension shall be
posted at the site and mailed at least ten days prior to its approval to the
applicant and its representative (as shown on the application); to the
R: /Ords 2010 /Ords 10 -07 15
property owner (as shown on the latest available equalized assessment
roll of the County of Riverside) 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 Director's judgment, be affected by the
establishment of the use or zone requested. Notice shall also be sent to
public departments, bureaus, or agencies which are determined by the
Planning Director to be affected by the application.
2. For matters that are considered to have special significance or
impact, the Planning Director may refer such items to the Planning
Commission for consideration at a noticed public hearing."
Section 30. Section 17.05.010.H (Time Extension) of 17.05.010 (Development
plan) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows:
"H. Time Extensions. The Planning Director may, upon an application being
filed prior to the expiration, grant a time extension of one year (up to three extensions
may be granted). Upon granting the extension, the Planning Director shall ensure that
the development plan complies with all development code provisions.
1. For any time extension that administratively extends an approval
that was originally approved at a public hearing, notice of the Planning
Director's decision to administratively approve a time extension shall be
posted at the site and mailed at least ten days prior to its approval to the
applicant and its representative (as shown on the application); to the
property owner (as shown on the latest available equalized assessment
roll of the County of Riverside) 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 Director's judgment, be affected by the
establishment of the use or zone requested. Notice shall also be sent to
public departments, bureaus, or agencies which are determined by the
Planning Director to be affected by the application.
2. For matters that are considered to have special significance or
impact, the Planning Director may refer such items to the Planning
' Commission for consideration at a noticed public hearing."
RJOrds 2010 /Ords 10 -07 16
' Section 31. The first three paragraphs of Section 17.04.010.H (Time Extension)
of 17.05.010 (Conditional Use Permits) of Chapter 17.04 (Permits) of Title 17 (Zoning)
of the Municipal Code, commencing with the words "H. Time Extension.
Notwithstanding the foregoing, the permittee may... and ending with the words
"...authorized by the grant of approval or conditional approval." are hereby amended to
read as follows:
"H. Time Extension. Notwithstanding the foregoing, the permittee may, prior
to the expiration of the conditional use permit, apply for up to three one -year extensions
of time in which to use the plot plan. Each extension of time shall be granted in one -
year increments only.
An application for an extension of time shall be made to the Planning Director,
on forms provided by the Planning Department and shall be filed with the
Planning Department, accompanied by the appropriate filing fee. Within thirty
days following the filing of an application for an extension of time, the Planning
Director may approve, conditionally approve or deny the application. An
extension of time may be granted by the Planning Director only upon a
determination that the property and use are consistent with the general plan,
land use ordinance, and all other city ordinances and regulations. For any time
extension that administratively extends an approval that was originally approved
at a public hearing, notice of the Planning Director's decision to administratively
' approve a time extension shall be posted at the site and mailed at least ten days
prior to its approval to the applicant and its representative (as shown on the
application); to the property owner (as shown on the latest available equalized
assessment roll of the County of Riverside) 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
Director's judgment, be affected by the establishment of the use or zone
requested. Notice shall also be sent to public departments, bureaus, or
agencies which are determined by the Planning Director to be affected by the
application. For matters that are considered to have special significance or
impact, the Planning Director may refer such items to the Planning Commission
for consideration at a noticed public hearing.
Any Conditional Use Permit which is not used within the time specified in the
grant of approval, or, if no time is specified, within one year of the effective date
of such approval, shall become subject to termination. The Planning Director
may extend such approval for a period not to exceed one year provided an
application requesting the extension is filed prior to the original expiration date.
For purposes of this section, "used" means the commencement of construction
' activity or any activity authorized by the grant of approval or conditional
approval."
RJOrds 2010 /Ords 10 -07 17
' Section 32. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 33. Effective Date. This ordinance shall take effect thirty (30) days
after its adoption.
Section 34. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13 day of April, 2010.
Jeff Comerchero, Mayor
' ATTEST:
W o
[SEAL]
1
RJOrds 201 Words 10 -07 18
' 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. 10 -07 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23 day of March, 2010,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 13` day of April, 2010, the following vote:
AYES: 4 COUNCIL MEMBERS: Edwards, Naggar, Washington,
Comerchero
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
Susan . Jones, MMC
City Clerk
RJOrds 201 Words 10 -07 19