HomeMy WebLinkAbout02-11 CC OrdinanceORDINANCE NO. 02-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING STANDARDS FOR MODULAR
STRUCTURES, ADOPTING CHAPTER 17.10 OF THE
TEMECULA MUNICIPAL CODE, AND MAKING OTHER MINOR
MODIFICATIONS TO THE TEMECULA MUNICIPAL CODE
(PLANNING APPLICATION 02-0318)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city; and
WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance
shall be consistent with the adopted General Plan of the city; and
WHEREAS, the Planning Commission held a duly noticed public hearing on September
18, 2002 and October 2, 2002, and recommended that the City Council approve the following
amendments to the City Municipal Code; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on November 12,
2002 to consider the proposed amendments to the City Zoning Map and the Temecula
Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1.
read as follows:
Modular Buildinq Standards. Section 17.10.020.1 is hereby adopted to
Modular Buildings and Structures. Modular
circumstances as described in this Section
requirements:
buildings may be allowed in some
if they comply with the following
Accessory Structure. Modular buildings may be approved as accessory
structures to a larger permanent building. The accessory buildings or structures
shall be smaller in size than the main permanent building. Accessory structures
can be allowed, subject to the approval of a development plan, for the following
uses or activities:
Religious Institutions in all zones, except the Open Space and
Conservation zone.
Industrial uses in the Business Park, Light Industrial, and Service
Commercial zones.
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Temporary Facility and Construction Offices in all zones, except the Open
Space and Conservation zone.
Temporary Structures. Modular buildings may be approved as a temporary
structures for non-profit community based organizations and religious institutions
in ail zones, except the Open Space and Conservation zone. The temporary
structure may be approved subject to the following requirements:
The approval of a development plan or conditional use permit (as
appropriate) for the permanent facilities.
The site shall be fully landscaped in conformance with the approved
landscape plan.
The term of the temporary approval shall not exceed five (5) years.
Additional extensions, up to five (5) years in length may be approved if, at
the City's sole discretion, the temporary structure and landscaping have
been properly maintained and if the local circumstances have not
changed to make the temporary structure inappropriate.
A removal bond shall be provided to ensure the removal of the temporary
structure.
Building Design and Screening. All modular units shall comply with the following
standards to soften the appearance of the structures.
if the modular is not visible from a street or a public gathering place, the
modular structure shall provide at least minimal design compatibility with
the surrounding area. Examples of minimal design compatibility include
the use of exterior trim elements, similar colors, and other features to
soften the modular appearance of the structure.
Modular buildings that are potentially visible from the public street shall
have architectural detailing similar to permanent structures. Examples
include: accentuated entrances, pop-out features, windows, integrated
with the minimal design compatibility components described above.
Supplemental landscaping, to further screening the structure may also be
required.
All accessory modular units shall be screened from the public streets and
gathering spaces in such as way as to be un-noticeable. This screening
may include a combination of the following: permanent buildings or
structures, screening walls, and landscaping.
Not withstanding these requirements, all other landscape and site layout criteria
required by the Development Code and Design Guidelines shall also apply to
modular buildings."
Section2. Supplemental Development Standards. Establish Chapter 17.10,
Supplemental Development Standards and adopt Section 17.10.010 to read as follows:"
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"17.10.010 PURPOSE.
The Purpose of this Chapter is to consolidate a variety of Municipal Code sections from Title 17
that provide supplemental development standards. Some of these standards will apply to
development activities in residential, commercial or industrial zones. Other standards my apply
to activities in multiple zoning districts."
Section 3. Typoqraphic and Minor Amendments To The City Municipal Code. The
following clarifications to Title 17 of the Temecula Municipal Code are hereby adopted:
A. Amend Chapter 17.16, by removing the word "overlay" from all titles, headings,
sections, and subsections.
B. Amend Section 17.18, by removing the word "overlay" from all titles, headings,
sections, and subsections.
C. Amend Section 17.06.050.D by adding subsection 8 to read as follows: "Animals
Accessory to a Residential Use. The keeping of certain non-exotic or non-wild animals is
considered accessory to a residential use. No more than four cats and dogs, over the age of
four months, are allowed. Caged pets, including small amphibians, birds, mammals, and
reptiles may be kept on the premises. This provision also includes the keeping of fish and up to
two chickens. The keeping of household pets shall comply with the provisions of Chapter 6 of
the Temecula Municipal Code."
D. Amend Table 17.08.030 to replace the listing for "Retail support use (15 percent
of the total development square footage in the BP and LI)" with the following:
Description of Use NC CC HT SC PO BP LI
Retail support use to a non-commercial business P P
(Limited to the sale of products manufactured or
assembled on-site and occupying less that 25% of
the floor area of the business)
E. Amend Table 17.08.030 to replace the listing for "Religious institutions, without a
daycare or private school" with the following:
Description of Use
Religious institution, without a daycare or private
school
NC CC HT SC PO BP LI
P P P C P C C
F. Amend Table 17.12.030 by adding the following line:
Description of Use Public/Institutional District (PI)
Membership cJubs, organizations, lodges and similar
C
non-profit community uses
following:
Amend Table 17.03.010 to replace the listing for Sign Programs with the
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Planning Planning City
Director Commission Council
Approval
Sign Programs
Admin.
Approval
X
H. Amend 17.28.280.A.2 to read as follows: "Maximum area of each sign shall be 3
square feet."
I. Amend Chapter 17.34 by changing the following the phrase "Overhang, vehicle"
to "Vehicle Overhang."
J. Amend Chapter 17.34 of the Temecula Municipal Code be deleting the
definitions for the following: amusement park, animal kennel, billiard pador family, camp public,
circulation master plan, clinic, club, condominium, drive-in operation, drive-in theater,
employees quarters, equipment rental yard or contractor yard, farm, food store, garage private,
garage public, hospital general care, inhabited area, merger, minimum building pad,
neighborhood center, land use plan, parcel map vesting, parcel map tentative, parking area
private, plat, police power, public services offices or uses, public service use facility, restaurant
walkup, retention basin, structural alterations, travel trailer, travel trailer park, truck stop, unique
natural feature, and wing wall.
K. Section 17.06.050.N is hereby repealed and a new Section 17.10.020.A is
adopted to read as follows:
"Agricultural Uses.
1. Permitted Uses. The following agricultural uses are permitted by right in all
zones, except the hillside residential and open space/conservation.
Farms of orchards, trees, field crops, truck gardening, flowering
gardening, and other similar enterprises carried on in the general field of
agriculture.
Raising, grazing, breeding, boarding or training of large or small animals,
except concentrated lot feeding and commercial poultry and rabbit raising
enterprises, are allowed on properties one-half net acre or larger in size
subject to the following requirements:
Large animals (cattle, horses and mules). Two animals per half-
acre plus one additional animal for each additional half-acre of lot
area. Animals under the age of twelve-months are not counted.
ii.
Small animals (burros, goats, pigs, ponies, and sheep). Two
animals per half-acre plus three additional animals for each
additional half-acre of lot area. Animals under the age of six-
months are not counted.
iii.
Poultry. Limited to 50 poultry per acre. The minimum lot size for
keeping poultry is one half-acre. For lots smaller than one acre,
only 12 poultry are allowed. Poultry under the age of three-
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months are not counted. All poultry must be confined. The
keeping of roosters is prohibited.
iv.
Outdoor Aviary. For lots larger than one acre, limited to fifty birds
per acre. For lots smaller than one acre, limited to 24 birds. Birds
under the age of six-months are not counted. All birds must be
confined.
All animals shall be kept a minimum distance of seventy (70) feet
from any adjacent residence, school, hospital or church that is
located on an adjacent property. This requirement applies to the
location of corrals, fenced enclosures, barns, stables or other
enclosures.
In no event shall there be any limit to the permissible number of sheep
which may be grazed per acre, where such grazing operation is
conducted on fields for the purpose of cleaning up unharvested crops,
stubble, volunteer or wild growth where such grazing operation is not
conducted for more than four weeks in any six-month period.
Apiary; provided, that all hives or boxes housing bees shall be placed at
least four hundred (400) feet from any public streets or highways, any
public school, park, property line to an a different ownership, or from any
dwelling or place of human habitation other than that occupied by the
owner or caretaker of the apiary. Additionally, a water source shall be
provided on-site.
Conditional Use Permit Required. The following agricultural uses are permitted
with a conditional use permit, except in the open space/conservation zone.
Wholesale distributor and processor of nursery-plant stock. Retail nursery
where incidental and contiguous to propagation of nursery stock and/or
wholesale distributor. Outdoor storage and display are prohibited except
for nursery-plant stock.
b. Dog kennels, dog training schools, and small animal shelters.
c. Dog or cat breeding establishments with more than four adult animals.
The raising of chinchilla, nutria, hamsters, guinea pigs, cavy, rabbits, and
similar small animals.
e. Frog farms.
t. Worm farms.
The keeping of exotic or wild animals, including the keeping of exotic or
wild animals as pets."
Section 4. Additional Supplemental Standards. Relocate the following Municipal
Code sections to Chapter 17.10 as described below.
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A. Section 17.08.050.G is hereby repealed and a new Section 17.10.020.B is
adopted to read as follows:
"Alcoholic Beverage Sales.
All businesses or establishments offering the sale of alcoholic beverages, except
for the incidental sale of beer and wine at a restaurant, shall require the
appropriate license from the state of California and the city and be subject to a
conditional use permit.
Any automotive service station which proposes to sell beer and wine concurrently
with motor vehicle fuel shall require a conditional use permit which permit shall
be subject to the provisions of Business and Professions Code Section 23790 et
seq. and shall require that:
a. The decision shall be based on written findings.
A denial of an application for a conditional use permit is subject to appear
to the city council in accordance with Section 17.03.090 of this code.
The same procedure for noticing, and conducting the conditional use
permit hearing that is utilized by the city for all other conditional use
permits shall be used to provide for all parties to be present and to
present evidence.
The decision and findings be based on substantial evidence in view of the
whole record to justify the ultimate decision.
The above businesses shall not be located within five hundred feet of any
religious institution, school or public park. The license application shall be
reviewed by the city's police services prior to city approval."
B. Section 17.08.050.C is hereby repealed and a new Section 17.10.020.C is
adopted to read as follows:
"Arcades. Arcades shall be approved subject to the approval of a conditional use permit
by the planning commission.
1. Applications for an arcade shall include following:
Three sets of typed gummed labels, listing the name and address of all
businesses within a shopping center and all landowners within a three-
hundred-foot radius of the shopping center or arcade.
A description of the types of machines, a floor plan, and hours of
operation.
The planning commission may apply any condition deemed necessary. These
conditions may address, but are not limited to, the following:
a. Need for adult supervision;
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b. Hours of operation;
c. Inside and outside security measures;
d. Noise attenuation;
e. Bicycle facilities; and,
f. Interior waiting areas."
C. Section 17.08.050.S is hereby repealed and a new Section 17.10.020.D is
adopted to read as follows:
"Automobile, Motorcycle and Truck Dealership Landscape Standards.
1. Landscape Standards. The following standards shall be applied to all new
automobile, motorcycle and truck dealerships or substantial alterations to existing automobile,
motorcycle and truck dealerships.
Display areas: a minimum five foot (5') wide landscape island shall be
required at the end of all display area lanes adjacent to the main entry
drive lane. A one-foot strip, made of concrete or other materials
acceptable to the Community Development Director, shall be located next
to the curb immediately adjacent to the end display parking space. Said
landscape islands shall have a mixture of trees, shrubs and groundcover
shall have automatic irrigation.
Street frontages. All portions of the property which have street frontage
shall meet one of the following criteria:
A minimum of twelve feet (12') of landscaping shall be provided,
measured from the rear of the sidewalk to the display area length
and shall be surrounded by Iow growing shrubs, groundcover and
turf; or
ii.
A minimum of twenty feet (20') of landscaping shall be provided,
measured from the rear of the sidewalk to the display area, with
display area allowed to encroach into eight feet (8') of the
landscape area.
(A)
Display areas shall be paved with concrete, a maximum of
twenty (20) feet in length and shall be surrounded by Iow
growing shrubs, groundcover and tun'.
(B)
The number of display areas allowed shall be calculated in
the following manner: 3 display spaces per 100 linear feet
of street frontage. Fractional spaces (0.5 and over) shall
be rounded up.
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(c)
No display area shall be located immediately adjacent to
another display area. Landscaping shall be provided
between display areas.
Development adjacent to existing and proposed residential uses. All
portions of the property which abut an existing or proposed residential
use shall have a minimum ten foot (10') wide landscape buffer.
All other portions of the property which do not abut a street or existing or
proposed residential uses shall have a minimum five foot (5') wide
landscape buffer.
All customer parking on the site shall be clearly identified, either through
special paint (i.e. curb painting) or signage and shall be subject to the
landscape requirements contained in Section 17.24.050H of the
Development Code.
Service bays shall not be visible from a public street and shall be
adequately screened from adjacent residential uses.
Inventory and vehicle-in-repair storage areas on the site shall be clearly
identified and will not need to be internally landscaped. If they are
located on the perimeter or adjacent to residential development or
sensitive areas they shall be screened in the manner discussed above."
D. Section 17.08.050.F is hereby repealed and a new Section 17.10.020.E is
adopted to read as follows:
"Used Motor Vehicle Sales (Without the sales of new motor vehicles).
The minimum lot width of any site supporting a used motor vehicle sales
business shall be one hundred feet.
2. The minimum lot area shall be ten thousand square feet.
Buffer walls and landscaping shall be as provided as required for the zoning
district in which the use is located.
A building containing not less than two hundred square feet shall be maintained
on the lot supporting the business. The building shall be a permanent structure;
modular or portable buildings, or mobile homes are not permitted."
E. Section 17.06.050.Q is hereby repealed and a new Section 17.10.020.F is
adopted to read as follows:
"Bed and Breakfast Establishments (B&Bs). Bed and breakfast establishments shall be
developed in the following manner:
The facility shall comply with all land use regulations and site development
standards of the zoning district in which it is located.
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2. The use shall be incidental to the primary use of the residential structure to
ensure compatibility with adjacent residential uses.
3. Owner/lessee shall reside in the primary residence and operate the business.
The exterior appearance of the structure shall have a residential/single-family
character.
5. Service of meals shall be for registered guests only.
6. There shall be no separate/additional kitchens for the guests.
7. No guest shall stay more than fourteen consecutive days in any thirty-day period.
8. All B&Bs shall be subject to the city's hotel/motel room tax.
B&Bs shall meet all of the requirements of the city fire department and county
health department.
10.
The B&B shall be developed on a site that has a minimum lot size of sixty
thousand square feet.
11.
No receptions, private parties or similar activities, for which a fee is paid shall be
permitted."
F. Section 17.08.050.D is hereby repealed and a new Section 17.10.020.G is
adopted to read as follows:
"Car Washes. A conditional use permit shall be required for all full-service or self-service
car washes within the commercial districts. Car washes shall comply with the following
criteria:
Such businesses shall be located at least two hundred feet from any residential
district.
2. Wash bays and vacuum areas shall be screened from public view.
Regular monitoring of the facility by an attendant shall be provided during
business hours to control noise, litter, and other nuisances.
Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off of water
and electrical systems, except for security and fire protection, shall be provided
during non-business hours."
G. Section 17.08.050.B is hereby repealed and a new Section 17.10.020.H is
adopted to read as follows:
"Entertainment Establishments Providing Dancing, Music and Similar Activities.
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Noise levels shall not exceed the standards set forth in the noise element of the
general plan or the environmental performance standards of this development
code (Section 17.08.070).
Dancing, music, and similar entertainment uses shall be limited to between the
hours of six p.m. and two a.m.
The city may apply additional requirements or limitations depending on the
location, surrounding uses and other considerations"
H. Section 17.08.050.O is hereby repealed and a new Section 17.10.020.J is
adopted to read as follows:
"Outdoor Sales of Merchandise. All businesses shall be conducted complete within an
enclosed building. The following outdoor sales and commercial activities may be
permitted to operate outdoors, within their respective districts and subject to any
required reviews and permits. The outdoor display of merchandise accessory to an on-
site business is addressed in Subsection K
Automobile, boat, trailer, camper, and motorcycle sales and rentals (subject to a
conditional use permit);
Building material, supplies and equipment rental and sales (subject to a
conditional use permit);
3. Fruit and vegetable stands (required temporary use permit);
4. Horticultural nurseries (subject to a conditional use permit);
5. Gasoline pumps, oil racks and accessory items when located on pump islands;
6. Outdoor recreation uses;
Parking lot and sidewalk sales (subject to temporary use permit and regulations
set forth in this chapter); and
Other activities and uses similar to those above as determined by the director of
planning."
I. Section 17.08.050.P is hereby repealed and a new Section 17.10.020.K is
adopted to read as follows:
"Outdoor Display of Merchandise Accessory to Current On-Site Business. Any outdoor
display must be done in conjunction with the business being conducted within the
building and shall comply with the following regulations:
The items being displayed shall be of the same type that are lawfully displayed
and sold inside the building on the premises.
The aggregate display area shall not exceed twenty-five percent of the linear
frontage of the store front or ten linear feet, whichever is greater.
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3. Items shall not project more than four feet from the store front.
No item, or any portion thereof, shall be displayed on public property; provided,
however, items may be displayed within the public right-of-way if an
encroachment permit has first been procured from the city.
Items shall be displayed only during the hours that the business conducted inside
the building on the premises is open for business.
No item shall be displayed in a manner that: causes a safety hazard; obstructs
the entrance to any building; interferes with, or impedes the flow of pedestrian or
vehicle traffic; is unsightly or creams any other condition that is detrimental to the
appearance of the premises or any surrounding property; or in any other manner
is detrimental to the public health, safety or welfare or causes a public nuisance."
J. Section 17.08.050.E is hereby repealed and a new Section 17.10.020.L is
adopted to read as follows:
"Permanent Indoor Swap Meet Facilities.
Indoor swap meets shall be established only in buildings containing five thousand
square feet or more of gross floor area.
City business licenses and state seller permits shall be obtained by every tenant
operating a stall space.
No more than one business license shall be granted per one hundred fifty square
feet of building floor area.
The minimum average square footage of a partitioned cubicle or stall space
(booth) shall be one hundred fifty square feet. The minimum size for an individual
stall shall be one hundred square feet, and no more than twenty-five stall spaces
shall be permitted to contain one hundred square feet.
No adult business, as defined in the Temecula Municipal Code shall be
permitted.
No loudspeakers or sound equipment which can be heard from exterior or
semipublic areas shall be used on the premises.
Each stall space shall be partitioned with partition walls at a height of not less
than five feet, six inches. Scissor-type gating shall not be used to separate
vendors or vending areas.
All floor areas of indoor tenant spaces, shall be covered with a high-grade tile or
carpeting.
9. Aisles shall have a minimum width of seven feet.
10. Security personnel shall be provided during hours of operation."
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K Section 17.06050.H is hereby repealed and a new Section 17.10.020.M is
adopted to read as follows:
"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 0.3.
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:
In the H residential zoning district, the maximum density shall be
thirty (30) units per acre.
ii.
In the M residential zoning district, the maximum density shall be
twenty (20) units per acre.
iii.
In the LM, L-2, and L-1 residential zoning districts the maximum
density shall be eight (8) units per acre.
iv.
In all approved Specific Plans, the maximum density shall not
exceed 50% of the target density in the planning area.
The net livable area for each dwelling unit shall not be less than four
hundred (400) square feet for an efficiency unit, five hundred fifty (550)
square feet for a one-bedroom unit, and seven hundred (700) square feet
for a two-bedroom unit. Kitchenettes may be permitted, provided they are
sized to meet the immediate needs of the occupants of the unit.
Congregate care projects shall comply with all the provisions of the Development
Code unless modified by the following provisions:
The maximum densities for congregate care facilities are not limited
specifically to density requirements so long as all the site development
standards are met (i.e. required setbacks, parking, landscaping, open
space, etc.)
The handicapped units shall comply with the standards set forth in Title
24 of the California Code of Regulations.
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 will receive at
least one incentive from Subsection 3.a and at least one concession from
Subsection 3.b. The project incentives and concessions are as follows:
Density Incentives. Affordable housing projects are entitled to receive an
increase in the allowable density of at least 25% over the density target in
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each residential zoning district.
housing projects are as follows:
i.
ii.
iii.
iv.
The maximum densities for affordable
In the H residential zoning district, the maximum density shall be
thirty (30) units per acre.
In the M residential zoning district, the maximum density shall be
eighteen (18) units per acre.
In the LM residential zoning district, the maximum density shall be
eight (8) units per acre.
In all approved Specific Plans, the maximum density bonus shall
not exceed 50% of the target density in the planning area.
b. Development Standard Concessions. Any of the following development
standard concessions may be granted by the approval authority for the
project, unless a finding is made that these concessions are not
necessary to provide the affordable housing units being proposed:
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 not be approved
unless the affordable housing is in a close and easily accessible
proximity 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.
4. The provisions of this Subsection also apply to all approved specific plans within
the City of Temecula unless the specific plan contains specific standards for the
type of housing being considered."
L Section 17.08.050.R is hereby repealed and a new Section 17.10.020.N is
adopted to read as follows:
"Self-Storage or Mini-Warehouse Facilities.
1. Development Standards. The following standards shall be applied to all new
self-storage or mini-warehouse facilities:
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The design of the facility shall be compatible with the surrounding area in
terms of design, bulk and mass, materials and colors. Building exteriors
shall not be corrugated metal or similar surface, but shall be of finished
quality. Metal containers are prohibited.
In commercial zoning districts the rear and side yard setbacks shall be a
minimum of 10 feet. In industrial zoning districts no rear or side yard
setbacks are required. The director of planning may increase the
setbacks to a maximum of 25 feet when adjacent to an existing residential
development project. The front yard setback shall maintain the setback
for the underlying zoning classification.
c. The maximum lot coverage shall be 65 percent.
The development site shall provide a minimum of 10% landscaped open
space for a project within commercial districts. In industrial districts, the
total landscaping shall be equal to the required setback areas. No interior
landscaping is required, but the setback areas shall be landscaped.
e. A manager's residential unit may be provided, but is not required.
Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional parking area may be provided for vehicles,
boats, buses, trailers, etc., provided that the storage area is adequately
screened from public view with enhanced landscaping, decorative walls,
fences, or other methods as deemed appropriate by the director.
2. Performance and Use Regulations
Any business activity, other than rental of storage units, including the on-
site sale of merchandize or garage sales, and transfer/storage
businesses which utilize vehicles as part of the business is prohibited. No
servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any
similar equipment is permitted.
Storage units shall not be used for the storage of flammable liquids,
highly combustible or explosive materials, or hazardous chemicals.
Truck or vehicle rental is prohibited without obtaining all necessary
approvals subject to the Development Code Schedule of Permitted Uses."
M. Section 17.08.050.M is hereby repealed and a new Section 17.10.020.O is
adopted to read as follows:
"Drive-Thru Facilities. Commercial uses including restaurants, financial institutions or
other business providing drive-thru facilities shall be subject to the following
requirements.
1. All drive-thru facilities shall require the approval of a conditional use permit.
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Pedestrian walkways should not intersect the drive-thru aisles, if pedestrian
walkways do cross the drive aisles, they shall be clearly marked with paving or
striping.
Drive-thru aisle shall have a minimum width of eleven feet on the straight
sections and twelve feet on curved portions.
For fast food restaurants, the drive-thru aisles shall have a sufficient stacking
area behind the menu board to accommodate six cars.
The speakers shall be located so as to protect adjoining residential areas from
excessive noise."
N. Renumber the remaining subsection of Sections 17.06.050 and 17.08.050 and
make the appropriate code section references to reflect the renumbered subsection numbering.
O. Amend Footnote No. 1 to Table 17.06.030 to read as follows: "1. Affordable
housing and congregate care facilities may exceed the stated densities pursuant to the
provisions of Section 17.10.020.M."
P. Add Footnote No. 6 to Table 17.06.030 to read as follows: "6. Subject to the
supplemental development standards contained in Chapter 17.10."
Q. Amend Table 17.06.030 to include the reference to Footnote No. 6 to the
following uses: Bed and breakfast establishments, Congregate care residential facilities for the
elderly, and Agricultural/open space uses, Kennels and catteries, and the Noncommercial
keeping of horses, cattle, sheep and goats.
R. Replace Footnote No. 1 of Table I7.08.030 to read as follows: "6. Subject to the
supplemental development standards contained in Chapter 17.10."
S. Delete Footnote Nos. 4 and 6 from the end of Table 17.08.030 and replace the
existing Footnote Nos. 4 and 6 with a Footnote No. 1.
T. Amend Footnote No. 5, and renumber to become Footnote No. 4, of Table
17.08.030, to read as follows: "4. In addition to any applicable supplemental development
standards listed in Chapter 17.10, senior housing residential projects in the CC, SC, HT, and
PO zones shall use the development and performance standards for the High Density
Residential zone. Senior housing residential projects in the NC zone shall use the development
and performance standards for the Medium Density Residential zone and the applicable
supplemental development standards in Chapter 17.10."
U. Amend Table 17.08.030 by removing the existing footnote references to Footnote
Nos. 4, 5, and 6 and add a reference to Footnote No. 1 for the following uses: Alcoholic
beverage sales, Arcades (pinball and video games), Automobile dealers (new and used),
Automobile service stations with or without an automated car wash, Automobile service stations
selling beer and/or wine-with or without an automated car wash, Banks and financial institutions,
Congregate care housing for the elderly, Restaurant drive-in/fast food, Swap Meet, entirely
inside a permanent building."
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V. Add Footnote No. 2 to Table 17.12.030 to read as follows: "2. Subject to the
supplemental development standards contained in Chapter 17.10."
W. Amend Table 17.12.030 to include the reference to Footnote No. 2 to the
following uses: Congregate care housing, Congregate care living facility, Residential care
facility for the elderly, and Residential-senior housing.
Section 5. 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 6. Environmental Compliance. The proposed amendment represents a
labeling change to more accurately reflect how those sections of the Development Code
operate when implemented. No additional development will result from this amendment and no
changes to the environment will occur from the adoption of this Ordinance. As a result, the
ordinance is not a project as defined by the California Environmental Quality Act and is exempt
from further review or analysis.
Section 7. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
Section 8. 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 and cause
copies of this Ordinance to be posted in three designated posting places.
Section 9. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED AND ADOPTED this 10~ecember~2-.Q.02.
Ron Roberts, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02-11 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of November, 2002 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 10th
day of December, 2002, by the following vote:
AYES:
5 COUNCIL MEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN:
0 COUNCILMEMBERS:
None
Jon.e. s, CMC
~._ ~,~ ~ C,tyClerk
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