HomeMy WebLinkAbout03_015 PC ResolutionPC RESOLUTION NO. 2003-015
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO CLARIFY THE PROCEDURES FOR
MODIFYING APPROVED PERMITS, TO CREATE PROVISIONS
TO ALLOW FOR PLANNED RESIDENTIAL DEVELOPMENTS,
TO MAKE OTHER MINOR CHANGES AND PROVIDE FOR THE
READOPTION OF PLANNED DEVELOPMENT OVERLAY NOS.
5 AND 6" (PLANNING APPLICATION 03-0109)
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted the
General Plan; and
WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted the
City's Development Code; and
WHEREAS, the City has identified a need to amend the adopted Development Code;
and
WHEREAS, the Planning Commission, at a regular meeting, considered the amendment
on March 19, 2003, at a duly noticed public hearing as prescribed by law, at which time the City
staff and interested persons had an opportunity to, and did, testify either in support or opposition
to this matter;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recommendation of Approval. That the City of Temecula Planning
Commission hereby recommends that the City Council approve the ordinance of the City
Council of the City of Temecula amending 17 of the Temecula Municipal Code, substantially in
the form attached to this resolution as Exhibit A.
Section 2. Environmental Compliance. The Planning Commission hereby finds that
this amendment to the Temecula Municipal Code represents a series of minor changes mostly
regulating the implementation of the zoning procedures and requirements that have no potential
individually or cumulatively to impact the environment. As a result, the adoption of this
ordinance is exempt from further environmental review pursuant to Section 15061(b)(3) of the
California Environmental Quality Act Guidelines.
R:'~DEVCODE'~03-0109 Amendment\PC RESOLUTION.doc
PASSED, APPROVED AND ADOPTED by the City o~emecula Planning Commission
this 19th day of March 2003. ~(~j,, ~
~ Dennis Chiniaeff, Chairn'¥'~h
ATTEST:
D.~l:fb~ u~b~(~ske~ Secreta~
c[SEAL].~ ~ -
~ATE.OF CAU~NIA )
COU N~O~ERSI DE ) ss
CI~'OF~EME~U~ )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify
that PC Resolution No. 2003-015 was duly and regularly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof held on the 19th day of March 2003, by the
following vote:
AYES: 5
NOES: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Chiniaeff, Guerriero, Mathewson,
Olhasso, Telesio
None
ABSENT:
0 PLANNING COMMISSIONERS: None
ABSTAIN:
0 PLANNING COMMISSIONERS: None
~ebl~ie Ubnoske, Secretary
I1~E"',03-0109 Amendment~PC RESOLUTION.doc
EXHIBIT A
ORDINANCE NO. 03-
R:\DEVCODE\03-0109 Amendment\Ordinance to CC doc 1
Exhibit A
ORDINANCE NO. 03-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO CLARIFY THE PROCEDURES FOR
MODIFYING APPROVED PERMITS, TO CREATE
PROVISIONS TO ALLOW FOR PLANNED RESIDENTIAL
DEVELOPMENTS, TO MAKE OTHER MINOR CHANGES
AND PROVIDE FOR THE READOPTION OF PLANNED
DEVELOPMENT OVERLAY NOS. 5 AND 6 (PLANNING
APPLICATION 03-0109)
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;
WHEREAS, the Planning Commission held a duly noticed public hearing on March
19, 2003, and recommended that the City Council approve the attached amendments to the
City Municipal Code;
WHEREAS, this Ordinance complies with all the applicable requirements of State
law and local ordinances;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecuia
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 May 13, 2003
to consider the proposed amendments to the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby adds Section 17.05.030
to the Temecula Municipal Code to read as follows:
"17.05.030 Modifications to an Approved Development Plan
Purpose and Intent. The purpose of this section is to establish the requirements and
procedures to allow the administrative modification of an unexpired development
plan or conditional use permit. For the purposes of this Section, the following
changes are not eligible for consideration as an administrative modification: a
change in the type of building (commercial, office, industrial), a substantial
intensification of the project or type of use, or substantial changes to the project
layout or access. Proposed project changes that are not etigible for a modification
under this Section will require resubmittal of a new application.
Types of Modifications. Modifications to approved development plans are divided
into two categories, major and minor. If a proposed modification includes both major
and minor modifications, the application shall be considered a major modification.
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 1
The final decision as to whether a modification is major or minor shall be at the sole
discretion of the director of planning.
Major Modifications to approved development plans include the following
types of project changes:
Increasing the height of the building by more than 10 feet or one-
story.
b. An increase of more than 10% of the building footprint.
A substantial change in the architecture of the building or substantial
changes to the exterior elevations, including but not limited to the
locations of windows or doors.
d. A modification in the approved access to the project site.
The shift of building location that effects the layout and location of the
required parking, site access, or substantially changes the conceptual
landscape plan.
f. A change in the number of primary structures.
Changes to a conditional use permit that require the physical
modification of the site.
Minor Modifications to approved development plans include the following
types of project changes:
a. An increase of less than 10% of the building footprint.
b. A change in the layout of the parking or loading area.
c. The relocation of windows or doors on one or two wall surfaces.
An adjustment in the location of buildings provided the general
location of each building is similar to the approved development plan.
Changes to a conditional use permit that do not require the physical
modification of the site.
Modifications to approved development plans that are subject to the
administrative development plan process include the following:
a. Changes to the approved landscaping plant palette.
b. Changes in exterior colors or materials.
Application Requirements. Applications for modifying development plans shall be
completed in accordance with Section 17.03,030 of this development code.
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 2
Procedure for Approval. Minor modifications may be approved administratively and
never require a specific notice or consideration at a public hearing. The approval of
major modifications requires consideration by the original approval body. Major
modifications which were approved at a director hearing may be approved
administratively by the director of planning providing the revised project could have
been approved initially by the director of planning. The director of planning may refer
any modifications or changes in building design to the planning commission for
consideration.
Findings. Approving modifications to an approved development plan shall require the
same findings as were made on the original approval.
Revocations. Approval of a modification to a development plan may be revoked or
modified by the director of planning in accordance with Section 17.03.060."
Section 2. The City Council of the City of Temecula hereby amends portions of
Section 17.04.010.
A. Subsection C is hereby amended to read as follows:
"Authority. Conditional use permits shall require a public hearing as follows:
When a conditional use permit involves an existing building, the director of
planning shall have the authority to approve, conditionally approve or deny an
application for a conditional use permit. Decisions of the director of planning
may be appealed to the planning commission, pursuant to Section
17.030.090.
When a conditional use permit accompanies an application for a development
plan for a new building that is less than 10,000 square feet, the director of
planning shall have the authority to approve, conditionally approve, or deny
an application for conditional use permit. Decisions of the director of planning
may be appealed to the planning commission, pursuant to Chapter
17.03.090.
When a conditional use permit accompanies an application for a development
plan for a new building that is 10,000 square feet or greater, or whenever the
director of planning has determined that the matter should be forwarded to
the planning commission. The planning commission shall have the authority
to approve, conditionally approve, or deny an application for a conditional use
permit. Decisions of the planning commission may be appealed to the city
council, pursuant to Section 17.03.090."
B. Subsection J is hereby added to this Section to read as follows:
"Modifications of a Conditional Use Permit. Requests to modify a conditional use permit
shall be made in conformance with the provisions of Section 17.05.030."
Section 3. The City Council of the City of Temecula hereby adopts Section
17.22.070 to read as follows:
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 3
"17.22.070 APPROVED PLANNED DEVELOPMENT OVERLAYS.
The following planned development overlays, cannot be effectively incorporated into the
municipal code, have been approved by the city and are designated on the official zoning
map of the city:
PDO-5 Temecula Village
PDO-6 Rancho Pueblo
Future planned development overlays shall be numbered consecutively, whether
incorporated into the municipal code or adopted as uncodified ordinances, and shown on
the official zoning map of the city with the prefix "PDO"."
Section 4. The City Council of the City of Temecula hereby repeals Sections
17.22.140 through 17.22.156 of the municipal code, adopted by Ordinance 02-05, and
readopts the Temecula Creek Village Planned Development Overlay as uncodified PDO-5
pursuant to the provisions of 17.22.070.
Section 5. The City Council of the City of Temecula hereby repeals Sections
17.22.160 through 17.22.178 of the municipal code, adopted by Ordinance 02-04, and
readopts the Rancho Pueblo Planned Development Overlay as uncodified PDO-6 pursuant
to the provisions of 17.22.070.
Section 6. The City Council of the City of Temecula hereby adopts Section
17.06.045 to read as follows:
"17.06.045 PLANNED RESIDENTIAL DEVELOPMENTS.
Purpose and Intent. The purpose of the planned residential development is to allow
for flexible development standards to protect open space areas or to address unique
land use compatibility conditions. The intent of these provisions is to allow for the
flexible lot sizes and site design standards on larger lots to protect biologic habitat
and corridor areas and natural open spaces by concentrating development in less
sensitive areas. All planned residential developments shall comply with the
provisions of this section.
Density. The total number of residential units may not exceed the density envisioned
in the general plan. The maximum number of units shall be calculated by multiplying
the total acreage by the density targets identified in the General Plan.
Uses. The land uses in a planned residential development project shall comply with
the requirements of Section 17.06.030, except that, if appropriately located, attached
and multiple family residential units may be located in any residential zone.
Development Standards. Compliance with the development standards identified in
Section 17.06.040 is not required provided appropriate development criteria for
detached and attached residential units, as needed, are established as part of each
planned residential development. Notwithstanding this, the following criteria shall
apply to all planned residential developments.
The height of detached residential units shall not exceed 35 feet and the
height of attached residential units shall not exceed 40 feet.
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 4
Detached residential units should be separated by a distance of at least 6
feet for one-story units, by at least 10 feet for two-story units, and by at least
15 feet for structures that are taller than two-stories.
Private yard areas shall be provided access that is at least 3 feet in width
from either the front of the unit or from a rear access drive. This access shall
be unobstructed by architectural projections, heating or cooling equipment, or
any other permanent fixtures that would prevent its use as a pedestrian
access.
Attached residential units in primarily detached residential areas shall be
architecturally designed to avoid a massive or monolithic appearance.
Fully attached residential units without private yards shall be provided at least
200 square feet of private open space for each unit.
The protection of open space areas, both during and after construction, is
required. Operational conditions shall be imposed on each project to ensure
that preserved areas remain substantially undisturbed. The clearing,
grubbing, or grading of open space areas not immediately adjacent to areas
of construction is prohibited. This provision is not intended to prevent the
placement of informal hiking and walking trails in open space areas.
The landscaping of open space areas shall not be required if the native plant
communities are undisturbed. In areas where native vegetation has been
substantially disturbed, native specie revegetation may be required.
Notwithstanding this requirement, the supplemental enhancement of open
space areas with local native tree species is encouraged and may be
permitted.
Each planned residential development shall specify how the provisions of
Section 17.06.050 will be implemented. Exact compliance with all the
provisions of Section 17.06.050 shall not be required provided the intent of
the regulations is met.
Procedure for Approval. Planned residential developments shall use the application
and approval procedures identified in Section 17.04.010. Planned residential
developments shall be approved by the planning commission. Related land division
applications shall be processed in accordance with the provisions of Title 16 of the
Temecula Municipal Code."
Section 7. The City Council of the City of Temecula hereby amends Table
17.06.040 as described below.
A. Add a Footnote Number 4 to the headings for Lot Area, Lot
Dimensions, Setbacks, and Other Requirements.
B. Add Footnote No. 4 to the end of Table 17.06.040 to read as follows:
"4. Projects designed as planned residential developments are not subject to these
provisions provided the criteria in Section 17.06.045 are followed."
R:\DEVCODE\03-0109 Amendment\Ordinance to CC.doc 5
Section 8. The City Council of the City of Temecula hereby amends the following
portions of Chapter 17.28 of the Temecula Municipal Code.
A. Amend Subsection 17.28.700.B to read as follows: "The maximum
display time shall not exceed a total of fifteen (15) calendar days within any ninety (90)
calendar day period. Except that during the month of the annual Balloon and Wine Festival
and during the month of December, a thirty (30) calendar day permit may be issued by the
Director."
B. Amend Subsection 17.28.700.1 to read as follows: "Ambient air
balloons shall only be in the shape of a traditional "hot air balloon". Ambient air balloons in
the shape of blimps or cartoon characters are not permitted. Exception: During the month
of December ambient air balloons in the shape of traditional Christmas characters or
symbols are allowed."
Section 9. The City Council of the City of Temecula hereby amends Subsection
17.03.040.B.2 to read as follows:
"The notice shall be mailed first class and postage pre-paid to the applicant
and representative; to the property owner 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 commission's judgment, be affected by the
establishment of the use or zone requested."
Section 10. The City Council of the City of Temecula hereby amends Table
17.03.010 of the Temecula Municipal Code to read as follows:
Table 17.03.010
Planning and zoning Application Approval Authority
Admin. Planning Planning City
Application Approval Director Commission Council
General plan amendment Recommen- X1
dation~
Zoning amendment: Text changes Recommen- Xt
dation1
Zoning amendment: Map changes Recommen- X~
dation1
Zoning amendment: Specific plan, Recommen- X~
includes specific plan amendments dation1
Conditional use permit-existing
building
Conditional use permit with a X~,2,3 X~,3
development plan
R:\DEVCODE\03-0109 Amendment\Ordinance to CC.doc 6
Table 17.03.010
Planning and Zonin~l Application Approval Authority
Admin. Planning Planning City
Application Approval Director Commission Council
Development plan (10,000 square X~
feet or greater)
Development plan (less than X1
10,000 square feet)
Major modifications X2,4 X1,4
Minor modifications X2
Administrative development plan X2
Home occupation permit X2
Large family day care home facility X1
Minor exceptions X2
Planned Residential Development X1
Sign permits X2
Sign programs, including sign X2
program modifications
Temporary use permits X2
Variance X~
Footnotes:
1. Requires consideration at a noticed public hearing.
2 For matters that are considered to have special significance or impact, the director of
planning may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of
planning. Conditional use permits with development plans are approvable by hearing
body required for the development plan.
4. Major modifications of projects which were approved by the planning commission or
city council shall be considered by the original approval body. Increases in building
square footage that results in a building larger than 10,000 square feet shall be
considered by the planning commission.
Section 11. 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 pads of this Ordinance.
Section 12. Environmental Compliance. The City Council hereby finds that this
amendment to the Temecula Municipal Code represents a series of minor changes mostly
regulating the implementation of the zoning procedures and requirements that have no
potential individually or cumulatively to impact the environment. As a result, the adoption of
this ordinance is exempt from further environmental review pursuant to Section 15061 (b)(3)
of the California Environmental Quality Act Guidelines.
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 7
Section 13. 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 14. 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 15. 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 13th day of May, 2003.
Jeffrey E. Stone, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
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. 03- was duly introduced and placed upon its first reading at
a regular meeting of the City Council on the _th day of ,2003 and that thereafter,
said Ordinance was duly adopted and passed at a regular meeting of the City Council on the
th day of ,2003, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
R:\DEVCODE~03-0109 Amendment\Ordinance to CC.doc 8