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Home My WebLink About04-08 CC Ordinance I I I ORDINANCE 04-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ZONING AND HISTORIC PRESERVATION STANDARDS FOR THE OLD TOWN SPECIFIC PLAN (PLANNING APPLICATION NO. 03-0158) WHEREAS, on November 9. 1993, the City Council of the City of Temecula adopted the General Plan; and WHEREAS, on February 8. 1994, the City Council of the City of Temecula approved the Old Town Specific Plan to guide the revitalization of Old Town Temecula; and WHEREAS, the Old Town Specific Plan created the Old Town Local Review Board to assist in the implementation of the Plan and to periodically suggest ways to improve the Specific Plan; and WHEREAS, the Old Town Local Review Board identified a number of areas wh<~re supplemental design guidelines could be necessary and worked with City Staff to develop detailed amendments to the Specific Plan; and WHEREAS, the Planning Commission considered these proposed amendments on June 16,2004, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter; WHEREAS, the City Council considered these proposed amendments on August 10, 2004, at a duly noticed public hearing as prescribed by law, at which time the City staff ~Ind interested persons had an opportunity to. an did testify either in support or opposition to this matter; NOW, THEREFORE, BE IT RESOLVED that the City Council: Section 1. Approval of the Zoninq Standards. The City Council for the City of Temecula hereby adopts the Zoning Standards for the Old Town Specific Plan that are located in Section III of the Old Town Specific Plan and contained in Exhibit A. Section 2. Approval of the Historic Preservation Requirements. The City Council for the City of Temecula hereby adopts the Historic Preservation Requirements for the Old Town Specific Plan that are located in Section V of the Old Town Specific Plan and contained in Exhibit B. Section 3. Environmental Determination. A detailed Initial Environmental Study (IES) checklist was prepared for the update of the Old Town Specific Plan, The analysis identified no significant impacts on the environment. The IES and Notice of Intent to Adopt a Negative Declaration was circulated for public review between May 24. 2004 and June 'i?, 2004. The City Council has previously adopted a Negative Declaration for this project. Section 4. Severabilitv. 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 R:/Ords 2004/0rds 04-08 I I I sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. 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 6. 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 Councilmembers voting thereon, it shall be published in a newspaper published and circul~lted in said City. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law.. Section 7. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 24th day of August, 2004. , ATTEST: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W, Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 04-08 was dul~ introduced and placed upon its first readin~1 at a regular meeting of the City Council on the 10' day of August, 2004, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 24th day of August, 2004 by the following roll call vote: AYES: 5 COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Nag9ar NOES: ABSENT: ABSTAIN: o COUNCILMEMBERS: None o o COUNCILMEMBERS: None COUNCILMEMBERS: None R:/Ords 2004/0rds 04-08 2 I I I III. LAND USE AND DEVELOPMENT STANDARDS CONTENTS: A. Introduction B. Establishment of Land Use Districts and Map C. Land Use Regulations D. Site Development Standards E. Relationship of the Specific Plan to Other Codes F, Supplemental and Special Use Standards G. Sign Regulations H. General Provisions and Regulations A. INTRODUCTION Page Ill-I Page Ill-I Page Ill-4 Page Ill-JO Page Ill-B Page Ill-14 Page Ill-U Page Ill-29 The Old Town Specific Plan area is comprised of eight land use districts. Each dislrict establishes permitted land uses and development standards which are intended to implement the goals, policies and objectives of this Specific Plan, as contained in Section II, and the City's General Plan. These land use regulations and development standards constitute the primary zoning provisions for the Old Town Specific Plan area. B. ESTABLISHMENT OF LAND USE DISTRICTS AND MAP 1. Specific Plan Land Use Districts, The following Land Use Districts (planning Areas) are hereby established within the Old Town Specific Plan area: o Highway To~st Commercial (lIT) District o Old Town Civic (OTC) District o Tourist Retail Core (TRC) District o Community Commercial (CC) District o Tourist Serving Residential (TSR) District o Medium Density Residential (MDR) District o High Density Residential (HDR) District o Open Space (OS) District The Specific Plan Land Use Map (Exhibit ill-I) depicts the boundaries of f:ach land use district within the Specific Plan area. Old Town Specific Plan lll-l I I Old Town T emecula Specific Plan Exhibit 111-1 Proposed Land Use Districts Map cc COMMUNnY COMMERCIAl. HT HIGHWAY TOURIST ore CIVIC A 1RC TOURIST RETAIL CORE I 1SR TOURIST SERVING COMMERCIAL os OPEN SPACE N MDR MEDIUM DENSnY RESlDENTlAL HDR HIGH DENSnY RESlDEN1IAL 400 0 400 BOO Feel r:'GIa\kelll\8rtWMpojeds\oldkwL2..JM'oposecLIand..!.... I 2. Descriptions of Land Use Districts. a. Highwav Tourist Commercial (HT). The Highway Tourist Commercial designation is intended to provide for those uses that are located adjacent to major transportation routes and may be oriented to the needs of tourists and recreation enthusiasts. Highway Tourist Commercial development should be located at appropriate locations, and developed as clusters of commercial development rather than as shallow commercial frontage along major streets. Typical uses :may include tourist accommodations and lodging facilities, automobile service stations, restaurants, convenience stores, and gift shops. The facilities should be well landscaped and provide an attractive visual image. b, Old Town Civic (OTC), The Old Town Civic designation is intended to provide for public and quasi-public uses such as parks, city offices, police/fire stations, public day care centers, senior citizen centers, community centers, museums, and similar facilities. I c. Tourist Retail Core (TRC). The Tourist Retail Core designation is intended to provide for those uses that support and compliment the pedestrian-oriented core. The designation typically includes small scale, boutique-type retail businesses. Service and office uses are generally allowed on either the second floor or on non-Old Town Front and non-Main Street parcels. Residential uses are allowed as ancilIary uses when located above the ground floor or in the rear of the lot. Tourist retail uses are generally small businesses occupyin:~ no more than 5,000 square feet. Typical uses may include gift shops, restaurants, small hotels, bed and breakfasts, mixed use, antique shops, small hardware/decorator stores, museums, art galleries, flower shops, jewelry shops, clothing shops, custom furniture items, and similar retail uses. d. Communitv Commercial (CC). The Community Commercial designation includes retail, professional office, and service-oriented businesses that serve the entire community. Community commercial areas typically include neighborhood commercial uses, as well as, larger retail uses including department stores, theaters, restaurants, professional and medical offices, and specialty retail stores. I e. Tourist Serving Residential (TSR). The Tourist Serving Reside:ntial designation is intended to provide for the wide range of tourist serving overnight accommodations which include senior housing, bed & breakfasts, hotels, motels, motor courts, rental cottages, and hO:ltels. Eating places would be allowed as accessory uses. Camping and R.V. parks would not be allowed. Old Town Specific Plan 111-3 I I I f. Medium Densitv Residential (MOR), The Medium Density Residential designation (7 to 12 dwelling units per acre) is intendf~d to provide for the development of attached and detached residential development. Typical housing types may include single family detached, single family zero lot line, patio homes, dupIe:xes, townhouses, condominiums, garden apartments and conventional apartments. g. High Densitv Residential (HDR)' The High Density Residential designation (13 to 20 dwelling units per acre) is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, condominiums, garden apartments, and conventional apartments. h. Open Space (OS)' The Open Space designation includes both public and private areas of permanent open space along the floodways of Murrieta Creek. This designation is intended to include lands acquired by exaction, easement, fee, and other methods sanctioned by State and Federal law for parkland, for preservation of biological and cultural resources, and for protecting public safety from flood ha2ards. 3. Land Use District Boundaries Where boundaries of the land use districts appear to follow streets, the boundary shall follow the centerlines of said streets. Where boundaries appear to foUow existing property lines, they shall follow said property lines and shall not blisect portions of existing lots of record which are in effect at the time of adoption of this Specific Plan. The boundaries with the Open Space Land Use District along the channel of Murrieta Creek may bisect adjacent parcels. C. LAND USE REGULATIONS This section includes a matrix (Table ill-I) which lists the land uses and indic:ates whether or not each use is permitted (P), conditionally permitted (C), or prohibited (-) in each of the land use districts within the Specific Plan area. When exceptions have been established, they are so noted at the end of the table. Permitted uses for the Medium Density Residential (MDR), High Density Residential (HDR), and Open Space (OS) Planning Areas shall be the same as identified in the Development Code for the Medium Density Residential, High Density Residential and Open Space/Conservation zones, respectively, as periodically amended. Old Town Specific Plan III - 4 I I I , . TABLEm-l LANDiUSE."MATRIX . . LIST OF USES TTSRs Ill' 1011C TRC r CC' A Adult entertainment businesses - - - - - Animal hosoital - - - - - AntiQue sales - - - p p Appliance sales and reoair - - - - P Art, photographic studios, galleries, school - - C p P suoolies Athletic, aerobic and health gyms and weight - - - p< p reducing clinics Auction houses - p - - C Auditoriums/concert/convention halls - - C pi P Auto service station - p - - - Auto Related (including motorcycles): Sales or rental (with ancillary repair facilities in a totally enclosed area) - - - - C Service and repair - C - - - Parts and supplies (no on-site repair) - p - - P Specialty retail - p - p P Awnings and canvas goods. sales and service - - - - P (within an enclosed buildim!) B Bakerv(retail onlv) P' p - p P Banks, sayings and loans. financial institutions (new uses in excess of 1,250 sq. ft. - P - P P must provide sufficient off-street oarkin!!.) Barber shoo p - - P' p Bar and cocktail lounge - C - C C (incidental food service only) Beauty collel!es - - - - - Beauty shoo p - - p2 P Bed and breakfast p - - p - Bicvcle rentals - p - pi P Bicvcle sales - p - pT P Billiard/oool centers - - - - P Blood bank - - - - p Blueprint and ohotocoov services - - - P" P Book, gift, stationary. newsnaoer sales - - - P' P Bowlin!! aIlev - - - - - Bridal shoos/tuxedo and costume rentals - - - p2-3 P Business colle!!es and orofessional schools - - - - p Business and office services p p - P" P Butcher shop - - - p p Old Town Specific Plan Ill-5 I I I TABLEm.t .. .. . LA.NI>USEMA'l1lUlX ........ .. LIS'l'QJ!US'ES c- .... 'fSR? 1 HT ....I()\f!Cll'l.ll... % (\1(} C Cabinet makinl! - - - - p Camera and film sales (including limited film - p - pt P processine:) Candv and confectioneries - - - P' p Car wash - full service - P - - - Car wash - self service - P - - C Carpet and floor coverinl! - - - - p Cataloe: sales - - - p2 p Catering services - P - - p Check cashing services - p - P' p China and l!lassware sales - - - P' p Clothing and apparel sales - - - y P Clubs, lodl!es and meetinl! halls - - P - P Coin and stamp dealers - - - P' p Communications and microwave installations' Community care facilities C - - - - Computers and video eauipment - - - P' p Convalescent homes - - - - - Convenience market (with or without the sale p - P' P of alcoholic beveral!es) - Cosmetologist P - - p2 p Costume rentals - - - p3 P Cultural/artist exhibits, and art sales: P - C P - D Dance halls and discotheoues - C - C C Dance schools and studios - - - 1>" p Dav care centers p p p - p Delicatessens and sandwich shons - P - }iT p Department stores - p - - p Disoensinl! onticians - - - p2 P Discount/club membershin stores - - - - - Draoorv and curtain sales - - - - P Drug stores and pharmacies - p - p P Drv c1eaninl! and laundrv - - - C P E Educational and tutorial centers P - - - p Electric equipment and supplies - - - - P (within an enclosed buildinl!) EQuipment sales and rental - - - - - F Fanners market - - I C C T - Feed, grain and tack sales - - I - P' I - Old Town Specific Plan L'l-6 I I I 7 .. TAiJLEIII4.. LAND..USE..MATRIX . . . .. US'l'OF'USln$ < .... ..TSR} a'l' IOTe ......TR(; C(;: Finance and insurance offices P p - P" p Fishim! suoolv stores - - - p-' p Floor coverinl! sales - - - - P Florist shoos - P - p-' p Fortune tellinl!, soiritualism or similar activity - P - P" p Funeral parlors - - - - - Furniture and home fumishings - - - P' p Furniture and uoholsterv reoair and suoolies - - - - - Furriers - - - P' P G Game Arcades - - C' C Garden eouinment, supplv, sales and service - - - - - CHft,novehv,souvenirs . p - p' p Governmental offices - p p p p Grocerv store and market (retail only) - . - pi P Grocervstore, vvholesale - . . - - Gun sales - - . p' P H Hardvvare stores . - - P' P Health food stores - p - P' p Hearinl! aids - - - P" P Hobbv and craft shops - - - p' p Home imProvement centers - - - - - Hosnitals - p - - - Hospital eauipment sales and rental al!encies - - - - - Hotels/motels p p - p P I Ice cream and vogurt shoos/soda fountains - p. - P' P Interior decorating shops - - - P" p Instant orintinl! and photo coovinl! services - - - P' P Insurance al!ents, brokers and services p p - P" p J Janitorial sunnlies I - - - - p JevveIrv sales I - - - p-' P K Kitchen eauipment sales I - I - I - I - I p L Laboratories, medical and dental - - - P" p Laundromats - - - - P Laundrv service - - - C P Lightin" fixture shops - - - - p Liauor stores - C - C C LithOlrranhic services - p - P" p Old Town Specific Plan 111-7 I I I TABLEW.l ... ..... . LAND USE MATRIX >> '.. ..... .. I..IS'])()FUSES . =-. ...... '])sa~i' H']) OIJJC' ''l'4t\il C(' ,'.Yo'," Locksmith stores - - - P P Lu,ggal!e and leather I!oods - P - p' P Lumber yard - - - - - M Machine tools and sales - - - - - Mail order businesses - - - pr P Mail services, oostal boxes for rent - - - p2 P Marine sales/service - - - - - Medical eQuioment sales - - - - - Membershio clubs and orQanizations - - C - - Messal!e centers - - - P" P Mini -storaQe - - - - - Mobil home sales - - - - - Mortuaries - - - - - Motorcycle sales and service - - - - - Movie theaters - P - pt P Music, dance and exercise stores/studios - - - p2 P N Newsoaoer offices - - - P" P Newsstand - P - p3 P Nil!ht Clubs (with live entertainment) - C - C C Nurseries and I!arden sunnlv stores - - - - P Nursinl! homes - - - - - 0 Office, business machine sales I - I - - p2 P Orthooedic devices sales I - I - I - Y P P PaiD!, l!lass, and walloaoer sales - - - - P Parer Droduct sales - - - -I" p Parkinl! lotsll!aral!es P C C C P Parcel shiooiDliIcODY/fax center - - - .p' P Pawnshop - - - - - Performinl! arts theater - - - P P Pet shops - - - P' P Phonol!taohiclCD/taoelrecord store - - - p3 P Photo-deyelooinl! stores - P - 1>' P Photol!taphic studios P - - p20' P Picture framinl! shoos - - - p3 P Pin ball and electronic I!ame arcades - C - C C Plumbinl! and eauioment suoolies - - - - - Private schools - - - - - Professional and :medical offices P P - P" P Old Town Specific Plan HI-8 I I I . TA:BLEm4 LAND USE.. MATRIX ....... . Ll$'l'()Ji'l.1SES .. . . Tt$lPI "'1' TO'l'E me J cc: . 0 Reserved I I I T R Radio and TV sales - - - P' p Radio and TV broadcasting - - - C' p Real estate office P P - P".' p Recording studios P - - P" p Recreational vehicle sales - - - - - Recycling facilities - - - - - Relil!:ious institution C - - C C Religious materials sales - - - p3 P Residential, attached and detached P - - --cr - Restaurants: Without a full bar, entertainment, or dancing (includes the incidental serving of beer and wine only) p p - pi P With entertainment, dancing, and/or C C C C serving beer, wine and distilled spirits - Restaurant, fast food without a drive-thru - p - pt P Restaurant, fast food with a dri ve-thru - C - - - Rooming and boarding houses P - - P" - S Second hand/thrift stores - - - -1"- p Securitv and commodities brokerage firms P - - P" p Sewinl!: suoolies and fabrics - - - P' p Senior citizen housinl! p - - - - Shoe sales and reoair - - - P' p Shoesbine stand - - - p - Sign shoos - - - - P Skating rinks - - - - - Soorting l!:oods stores - - - P' P Sports and recreational facilities - - p p - Stationery stores - p - P' P Swimminl! 0001 and soa, sales and suoolies - - - - - T Tailor shoos - - - }>"o' P Tamring salons p - - p2 P Taxidermists - - - p p Telephone and communications store - - - P' P Theaters - p - pI P Ticket agencv/entertainment p - - P' P Tile sales - - - - p Tobacco shops - - - 1" p Old Town Specific Plan Lrl-9 I I I .. . TA.BLEm~l .. .. ... .. LANJ).USE..M!\TJ.U~ .... .. ............ ... << .. .. .... Ll$TOFlJSES .... ......... ....... ..... 'l'$R> ... 011'0 'tiRe c.c: Tov sales - - - P' P Travel al!encies P - - P"' P Troohies and awards - - - - P Truck sales/rentals - - - - - Typewriter and business machine sales and - - - p2 P service U Reserved I I I T I V Vendinl! machine sales and service - - - - - Veterinarian C - - - - Video sales and rentals - - - p-' P W Watch and clock repair - - - p-' P Wedding chanels P - P - - Wine tastinl! facility - - - P - X Reserved I I I y Reserved I I I Z Reserved I I I T I P Use is permitted by right in this planning area C Use is permitted with a Conditional Use Permit in this planning area - Use is not Permitted in this planning area 1 Use is limited to under 5,000 gross square feet. . 2 Use is limited to either the second floor (or higher) or to non-Old Town Front and non- Main Street parcels. 3 Use is limited to under 2,500 gross square feet. 4 Subject to the standards contained in Chapter 17.40 of the Temecula Municipal Code. 5. Non-residential projects in the Tourist Serving Residential Planning Area must either retain a oredominantly residential character or be developed as a mixed use oroiect. D. SITE DEVELOPMENT STANDARDS This section contains the development standards tables for the Specific Plan. Tabl,~ ill- 2 contains the site and development standards for the Highway Tourist Commercial (lIT), Community Commercial (CC), Tourist Retail Core (TRC) and Tourist Serving Residential (TSR) Land Use Districts. Table ill-3 contains the site and development standards for the. Medium Density Residential (MDR), High Density Residtmtial (HDR), Old Town Civic (OTC), and the Open Space (OS) Land Use Districts. Old Town Specific Plan JLr-JO I -,- .' . TablelU..2 J)J<:VEL()J.>ME~S~~!SIJ>A:'f(I)S. C()~ItCI8L..'LA!SIJ>;lJSEDI$l1tUCTs ... . ..... ..... '" ....... .. lIlT ....I'1'ltc:tI'Sltl. (11l; Lot Size and Densltv Minimum Lot Area (square feet) t 10,000 3,500 8,0:>0 Maximum Dwelling Units per Acre 0 NR2 0 Lot Dimensions Minimum Width at Required Front Setback Area 60 feet 25 feet 60 feet Minimum Comer Lot Width 100 feet 50 feet 60 feet Minimum Depth 80 feet 80 feet 80 feet Minimum Frontage at Front Property Line 80 feet 25 feet 60 feet Setbacks Minimum Front Yard 25 feet O' 0,1 Maximum Front Yard N/A 10 feet 3 20~~t Minimum Comer Side Yard 10 feet 0 0 Minimum Interior Side Yani 0 0 0 Minimum Rear Yard 10 feet 0 10 ~~t Minimum Accessory Building to Interior Side Yard 10 feet 10 feet 10 ~~t Minimum Building Separation 0 0 0 Other Maximum StorieslHeight 3/50 feet 3/50 feet' 2/30 feet Maximum Lot Coverage 70% 100% 70% Minimum Required Landscaped Open Space 20% 0%6 10% Maximum Fence. Wall or Hedge Height 6 feet 6 feet 6~~t Minimum Private Open SpacelUnit N/A 150 sq. ft. N/A 1. This requirement does not apply to existing legal lots. 2. As a Mixed Use Project on the upper floors and in the rear lot areas only. 3. Building shall be setback exactly ten feet if no covered arcade or porch is provided at the front of the building. 4. If a continuous porch or arcade (minimum 8 feet wide) is provided at back of sidewaUc (public right-of-way) 5. The maximum building height in the TSR Planning Area is limited to 2 stories or 30 feet. The requirements of Section m.F.8 also apply increases in building height in this Are.a. 6. Landscaping of the front yard for residential projects in the TSR Planning Area is required. Limited accent landscaping should be provided whenever possible in all other circumstances. I I Old Town Specific Plan IH-ll I I TABL~I~.3< .i J)EVI!;LQ~NT..~Tt\NJ)A.RJ>~ . RESIJ)ENTIAL&PUBLICLAl"lnUSJli~'S1.'lUCTS . . ........ .. . . .. .. .1 .M1)1{....t.......Im1{ 1 ()TC Y. as. Lot Area and Density Minimum Lot Area (square feet.) t 7,000 7,000 None None Maximum Dwelling Units per Acre 12 20 N/A N/A Lot Dimensions Minimum Width at Required Front 40 feet 30 feet 0 0 Setback Area Minimum Average Lot Width 50 feet 50 feet 0 0 Setbacks Minimum Front Yard 20 feet 20 feet 10 feet lOieet Minimum Comer Side Yard 15 feet 15 feet 0 0 Minimum Interior Side Yard 15 feet 2 15 feet2 0 UI Minimum Rear Yard 20 feet 20 feet 10 feet 10ieet Minimum Accessory Building to Interior 5 feet 5 feet 5 feet 5 filet Side Yard Minimum Separations Between Buildings One Story 10 feet 10 feet 20 feet (I Two Story 15 feet 15 feet N/A NIA Three Story 20 feet 20 feet N/A NIA Other Requirements Maximum Height 35 feet 50 feet 18 feet 18 leet Maximum Lot Coverage 35% 30% 50% 5'.1& Minimum Required Landscaped Open 25% 30% 10% 80% Space Minimum Private Open SpacelUnit 200 sq.ft. 150 sq.ft. NIA NiA I" This requirement does not apply to existing legal lots. 2 The sum of both side yard setbacks. Distance between structures not less than 10 feet. 3 Higher maximum densities may be allowed by the City Council pursuant to the Village Center provisions described in the General Plan. I Old Town Specific Plan III - 12 I E. RELA TIONSHW TO OTHER CODES 1. Development Code Many provisions of the Development Code (Municipal Code) will continue to apply in the Old Town Specific Plan when they do not conflict, undermine:, or counteract the provisions of the Specific Plan. For purposes of consistency and clarity, special regulations or standards that are not addressed in this Specific Plan will be used by the Director of Planning to guide and control development in the Old Town area. Examples of Development Code provisions that apply to development with Old Town include, but are not lirnited to, the folJowing: · The Administration of Zoning - Chapter 17.03, as amended · Permits - Chapter 17.04, as amended · Development Plans - Chapter 17.05, as amended · Supplemental Development Standards - Chapter 17.10, as amended . Off-Street Parking and Loading - Chapter 17.24, as amended · Water Efficient Landscape Design - Chapter 17.32, as amended · Telecommunications Facility and Antennas - Chapter 17.40, as amended 2. Conflicts Between the Specific Plan and Development Code I Where there is a conflict between the regulations of the Development Code and this Specific Plan, the regulations provided herein shalJ prevail. Where dire<:tion is not provided in this Specific Plan, the provisions of the Development Code shall prevail. The development standards contained herein are minimum requirements. This provision shall not be used to permit uses, architectural styles or procedures not specifically authorized by this Specific Plan or the Development Code. 3. Other Applicable Codes and Codes All construction and development within the Specific Plan area shall comply with applicable provisions of the California Building and Pire Codes and the vlllious related mechanical, electrical, plumbing codes, and the subdivision ordinance, as adopted by the City Council. In cases of a conflict between the provisions of any such code and this Specific Plan, the provision which most serves to pwtect health, safety, and welfare of the community shall apply and the Director of Planning shall resolve the conflict utilizing the Goals and Objectives of this Specific Plan. I lll-B Old Town Specific Plan I I I 4. Other Special Regulations and Standards Examples of other codes and regulations that specifically apply to development within Old Town include, but are not limited to, the following: · Adult Business Ordinance · Mount Palomar Lighting Ordinance · Subdivision Ordinance F. SUPPLEMENTAL AND SPECIAL USE STANDARDS The following supplemental development standards apply to development within the Old Town Specific Plan. The supplemental and special use standards include sidewalk cafes, vending carts, mixed use development, and bed and breakfast facilities, as well as other general supplemental requirements. 1. Sidewalk Cafes a. Intent. Sidewalk cafes on public streets can enhance the pedestrian ambiance of Old Town and are encouraged. For the purposes of this section, a sidewalk cafe is defined as any group of tables and chairs, and related decorative and accessory devices. situated in the pViblic sidewalk or along the private porches and arcades in' connection with the consumption of food and beverage sold to the public from an adjoining indoor restaurant. b. Sidewalk Cafes Permitted. A sidewalk cafe may be permitted only in land use districts which allow indoor restaurants. A sidewalk cafe may be located on public sidewalks, private porches, courtyards and arcades immediately adjacent to and abutting the indoor restaurant which operates the cafe, provided that the area in which the sidewalk cafe is located extends no farther along the sidewalk's length than the actual sidewalk frontage of the operating indoor restaurant and all other applicable provisions of this section are fulfilled. c. Development Plan and Encroachment Permit Required. Sidewalk cafes may be permitted with the approval of an Administrative Development Plan, in conformity with the requirements of the Spedfic Plan, and with approval of an Encroachment Permit for areas located with the public right-of-way. Both of these permits may be denied, approved, or approved subject to conditions of approval.a Old Town Specific Plan III - 14 I d.. Requirements, Sidewalk cafes shall comply with the following requirements. I I Old Town Specific Plan i. An indoor restaurant may be permitted to operate only one sidewalk cafe and each sidewalk cafe shall be confined to a single location on the sidewalk. ii. A sidewalk cafe may be permitted only where the sidewalk or porch is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed cafe. There shall be a minimum 48" clear distance free of all obstructions, in order to allow adequate pedestrian movement. .1 SIDEWALK .. . . . . . .. " lis" Mrn.. Icllltnan. co 01 any . gbJIrUc:IIon . I " . . . . jji All outdoor dining furniture in the public right-of-way, including tables, chairs, umbrellas, and planters, shall be movable. iv. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor heaters, amplified music, or speakers :shall be reviewed at the time of application for a Development Plan. v. No signage shall be allowed at any outdoor cafe except for the name of the establishment on an awning or umbreIla valance. vi. Sidewalk cafes do not require the provision of additional off-street parking. m-15 I I I vii. If a physical barrier is required by the Department of Alcoholic Beverage Control to serve alcoholic beverages, the design and permanency of the barrier shall be approved by the Direl:tor. The physical barrier needs to conform with the design guidelines in Section IV of the Specific Plan. e. Conduct of Business and Hours of Operation. All sidewalk cafes shall comply with the folJowing performance standards. i. A sidewalk cafe may serve only food and beverages prepared or stocked for sale at the adjoining indoor restaurant. ii. The outdoor preparation of food and busing facilities is prohibited at sidewalk cafes. iii. The presetting of tables with utensils, glasses, naphns, condiments, and the like is prohibited. All exterior surfaces within the cafe shall be easily cleanable and shall be kept clean at all times by the permittee. iv. Trash and refuse storage for the sidewalk cafe shall not be permitted within the outdoor dining area or on adjacent sidewalk areas and the permittee shall remove trash and litter as it accumulates. The permittee shall be responsible for maintaining the outdoor dining area, including the sidewalk surface and furniture and adjacent areas in a clean and safe condition. v. All furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors whenever the indoor restaurant is closed. vi. The City shall have the right to prohibit the operation of a sidewalk cafe at any time because of anticipated or actual problems or conflicts in the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, repairs to the street or sidewalk, or emergencies occurring in the area. To the extent possible, the permittee will be given prior written notice of any time period during which the operation of the sidewalk cafe will be prohibited by the City. f. SusDension or Revocation. The development plan and encroachment permit may be suspended or revoked, following notice to the permittee and a public hearing, upon a finding that one or more conditions of approval for the permit or the requirements of this section have been violated, or that the sidewalk cafe is being operated in a manner which Old Town Specific Plan III - 16 I I I constitutes a nuisance, or that the operation of the sidewalk cafe unduly impedes or restricts the movement of pedestrians past the sidewalk cafe. 2. Vending Carts a. Puroose. Outdoor vending carts on private property promote public interest by contributing to an active pedestrian environment. However, reasonable regulation of outdoor vending carts is necessary to protect the public health, safety, and welfare. The purpose of this section is to set forth the conditions and requirements under which outdoor vendors may be permitted to operate on private property within the Specific Plan area. b. Vendor Permit Required. It shall be unlawful to sell, or offer for ilale, any food, beverage or merchandise on any property within the Spe:ific Plan area without first obtaining a Vendors Permit. Applications for a vendors permit shall include a description of the type of merchandise or food to be sold, a detailed description and photograph of the 'cart, and the approval of the owner of the site where the cart wiII be located. Vending Permits shall be reviewed and approved by the Director of Planning. The Director may apply any conditions necessary to protect the public health, safety, and welfare. c. Vendinl! Cart Requirements. Vending carts shall comply with the following requirements. i. All vending carts shall be located only on privately owned, developed commercial property. There should be at least 150 square feet of useable or recognizable plaza or courtyard area for each vending cart. ii. The design and appearance of the vending cart shall be consilitent with the carts in use between 1890 and 1920 in a character consistent with the Design Standards in Section IV of the Specific Plan. Colors used in conjunction with any vending c:arts located in the Old Town Specific Plan area shaH be consistent with the Sherwin-Williams Preservation Palette. iii. Any umbrellas or accessory items used with vending carts shall be made from high quality canvas, utilize a monochromatic color scheme consistent with the Preservation Palette and havl: no written or graphic advertising. iv. No cart shall exceed 4 feet in width, 8 feet in length, and 8 feet in height. Old Town Specific Plan Ill-17 I I I v. Vending carts should be free of all obstructions within a six..foot perimeter. vi. No advertising, except the posting of prices and product identification is permitted on any vending cart. The total alIowable square footage for vendor cart signage shall not exceed four square feet on up to two opposing sides of the cart. d. Conduct of Business and Hours of Operation. AII vending carts ilhall comply with the folIowing performance standards. i. Operate only between 6 a.m. and 10 p.m. unless in conjunction with an approved special event. ii. All items for sale to shall be placed only in, on or under the vending cart. No additional merchandise preparation or sales table, crate, carton, rack, or any other device to increase the selJing or display capacity of the cart shall be used unless it has been approved in writing by the Director of Planning. iii. Shall not solicit or conduct business with persons in motor vehicles. iv. Shall not operate any loud speaker, public address system, radio, sound amplifier, or similar device. v. All vending carts shall require an approved City of Temecula business license. vi. Vending carts selJing food or beverages shall comply with the requirements of the Health Department and shall provide a trash receptacle for public use. vii. Shall clean up the area around where the vending cart had been. This includes removing and disposing of all trash or refuse. viii. The Director of Planning may require that the vending Clllt be removed from the location and stored out of public view when not in use. Old Town Specific Plan Ill-18 I I I e, Denial. Suspension or Revocation of a Vending Permit. Any license may be denied, suspended, or revoked in accordance with the procedures in the Development Code for any of the following caus,es: i. Fraud or misrepresentation contained in the application for the license. ii. Fraud or misrepresentation made in the course of carrying on the business of vending. iii. Conduct of the licensed business in such manner as to create a public nuisance, or constitute a danger to the public health, safety, welfare, or morals or inconsistent with any conditions of approval. iii. Conduct of the business which is contrary to the provision s of this section or the conditions of approval. 3. Mixed Use Projects a. Purpose. The development of mixed use projects can present unique design issues not encountered in more conventional single use projects. The primary design issue relates to the need to successfully balance the requirements of commercial and residential uses. Typical examples include: a residential uses need for privacy and security, with the needs of commercial uses for access, visibility, parking and loading. For the purpose of this Specific Plan, mixed use projects are defined as developments which combine both commercial and residential use:s or structures on a single lot, or as components of a single development in the Tourist Retail Core and Tourist Serving Residential Planning Districts. The uses may be combined either horizontally or vertkally on the site. This means with office and residential uses on upper floors with retail on the ground floor, or with commercial uses on the primary street and residences on the rear of the property. b. Conditional Use Permit Required. A mixed use project may only be established after fIrst obtaining a Conditional Use Permit, as described in the Development Code, and in conformance with the requirem.ents of this section. Old Town Specific Planf lll- 19 I c. Limitations and Reauirements. i. Mixed use projects that provide commercial space on the ground floor with residential units above (vertical mix) are encouraged though residential units behind commercial space (horizontal mix) are also allowed. ii. The number of residential dwelling units shall be based on the carrying capacity and design characteristics of each project. iii. Residential units may not occupy ground floor space fronting on Old Town Front or Main Streets. i v. Structures with heights greater than two stories shall set back on the street frontage sides for the third floor portion of the structure a minimum of 10 feet. I v. All roof mounted equipment shall be screened in accordance with the requirements of the Development Code. Special consideration shall be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses. vi. If onsite resident parking is provided, separate access drives and parking facilities should be provided for residential uses and commercial uses whenever possible. vii. Residential visitor parking and commercial parking may be located within the same location/facility. 4. Bed and Breakfast Establishments a. Puroose. The purpose of this Section is to provide standards for the development/operation of Bed and Breakfast establishments in Old Town. b. Requirements. All Bed and Breakfast Establishments in Old Town shall comply with the provisions contained in Chapter 17.10 of the Temecula Municipal Code, except for the minimum lot size and the requirement that the primary residence be the principle use of the !lite. I Old Town Specific Plan IH-20 I I I c, Supplemental Requirements. In addition to the requirements stated above, the following shall also apply to Bed and Breakfast Establishments within the Specific Plan. i. Off-street parking shall be provided at a ratio of one spacll for each bedroom available for rent in addition to the parking required for the primary dwelling unit. This requirement can be satisfied through a centralized public parking lot if the owner participates in a parking assessment district and the facility is located nearby. ii. Signage shall be limited to one on-site sign not to exceed 6 square feet in area, The sign may be freestanding. iii. The exterior appearance of the structure housing the Bed and Breakfast should be either a Queen Anne (Victorian), Bungalow, or other residential style of building in existence in the llarly 1900's. 5. MinimumIMaximum Storefront Width For purposes of regulating the development of, and the division of exiilting storefronts, no storefront facing a public street shall be less than 20 feet wide or more than 100 feet wide. 6. Minimum Commercial/Office Building Subdivision Size For purposes of regulating the permanent subdivision of the interior (floor to ceiling walls) of an existing storefront on the first floor, no building in the Specific Plan area shall create interior retail space intended for business purposes less than 500 gross square feet. Exceptions to this requirement may inc:lude restrooms and storerooms. 7. Loading Facilities Loading and unloading facilities shall be visually screened from access streets and adjacent properties and constructed in a manner to reasonably contain and reiltnct emission of noises typically attributed to such function. When screening of loading and unloading facilities is physically not possible, the facilities shall be architecturally integrated into the overall design of the building. 8. Building Height Increases The City Council may approve increases in building height, above the number of floors and total height in Tables ill-2 and ill-3, for any project that complies with the architecture and design guidelines and achieves the objectives, goals, and policies of the Old Town Specific Plan. III - 21 Old Town Specific Plan I I I 9. Roof Mounted Equipment All roof mounted equipment shall be screened in accordance with the requirements of the Development Code. Special consideration shall be given to the location and screening of noise generating equipment such as refrigeration units, air conditioning, and exhaust fans. Noise reducing screens and insulation may be required where such equipment has the potential to impact residential uses. 10. Parking Requirements To minimize the amount of land committed to parking lots within the Old Town area, not all uses within the Specific Plan will be required to provide onsite parking. In most cases, the determination whether or not parking will be required will be based upon the Land Use District and the type of business. When onsite parking is required, the standards contained in Chapter 17.24 of the Temecula Municipal Code will normally be used to determine the number of required parking spaces. The following is a list of Land Use District parking requirements within the Old Town Specific Plan. IJ Tourist Retail Core District - Onsite parking is required only for hotels, motels, and banks and financial institutions that are more than 1,250 square feet is size. (The parking requirement for bed and breakfast establishment:; are contained in Section ill.FA.c of this Specific Plan.) IJ Community Commercial District - All uses shall provide onsite parking. IJ Highway Tourist Commercial District - All uses shall provide onsite parking. IJ Old Town Civic District - Onsite parking should be provided when practi(;al. IJ Tourist Serving Residential District - Onsite parking is required only for hotels and motels. (The parking requirement for bed and breakfast establishments are contained in Section ill.FA.c of this Specific Plan.) IJ Medium Density Residential District - All uses shall provide onsite parking. IJ High Density Residential District - All uses shall provide onsite parking. IJ Open Space District - Onsite parking should be provided when practical and appropriate for the use. However, the Director may require assembly uses with high parking demands to provide additional off-street parking. In making this determination the Dimctor can consider the size and location of the proposed use, the hours of operation, the availability of nearby on- and off-street parking resources, and its proximity to other assembly and restaurant uses. Old Town Specific Plan 11l - 22 I I I 11. Parking Location Restricted Locating parking lots between the front property line and any building is prohibited in the Tourist Retail Core planning area. 12. Vehicle Access Restricted Direct vehicle access shall not be allowed from a private property onto Old Town Front Street and Main Street (between Old Town Front Street and Murrieta Creek). Vehicular access from a private parking lot to Old Town Front Street or Main Street shall be to a side street or public parking areas. The Director of Planning may allow exceptions only in case of landlocked properties. 13. Pujol Access Standards Due to the higher volume of anticipated traffic on Pujol Street, the following standards are provided: a. Driveways on adjacent properties shall be placed as far from one another as possible; b. Only one driveway per Pujol frontage shall be allowed, except for emergency access, on lots with under 200 feet of Pujol Street frontage; c. Additional driveways shall only be allowed on lots with over 200 feet of Pujol frontage; and d. Driveways on the same property shall be located at least 250 feet apart. 14. Exterior Lighting a. All exterior lighting fixtures shall comply with the requirements of the Mount Palomar lighting District. b. All lighting of the building, landscaping, parking lot, or similar facilities, shall be so shielded and directed as to reflect away from adjoining properties. c. Security lighting fixtures are not to be substituted for parking lot or walkway lighting fixtures and are restricted to lighting loading, storage areas, and similar service locations. d. It is highly desirable and recommended for tenants and property owners to utilize low voltage "tivoli" or' "da2zler" to decorate building facades. Old Town Specific Plan III - 23 I I I G. SIGN REGULATIONS The intent of these regulations is to establish specific standards for all exterior Sigilage that will ensure continuity, consistency, and harmony with the architectural quality of the Old Town environment as it may have appeared in the early 1900's. 1. Applicability These regulations shall apply to al1 signage within the Tourist Retail Core and Tourist Serving Residential areas of the Specific Plan. Signage within the Highway Tourist Commercial District, Community Commercial, Medium Density Residential District, and High Density Residential Land Use Districts :;hall comply with the sign requirements contained in the Development Code and the Signage Design Guidelines contained in Section IV'] of the Specific Plan. 2. Permit Required Unless specifical1y stated in these regulations, a sign permit is required prior to placing, erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan. 3. Prohibitions No person shall erect, re-erect, construct, enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or permit the same to be done contrary to, or in violation of, the provisions of these sign regulations. Al111igns not expressly permitted by this Section are prohibited. No application for sign permit or other application for a prohibited sign shal1 be accepted, acted upon, or approved. 4, Prohibited Signs in Old Town o o o o o o o Freestanding signs on lots with less than 300' of road frontage Roof mounted signs Animated signs, including time and temperature displays Rotating, moving, emitting, or flashing signs Balloon signs Ambient air balloons lntemaJIy illuminated signs, including front and back lit awning and window locations Neon tube signs Window signs above the second story Paper, cloth, or plastic streamers or bunting - except holiday decorations Formed plastic or injection molded signs Statues used for advertising Traffic sign replicas Vehicle signs o o o o o o o Old Town Specific Plan III - 24 I o Any sign prohibited by the Development Code and not exprc:ssly permitted in this Specific Plan S. Permitted Signs o Wall Mounted Signs (business identification) o Supergraphics o Monument Signs o Window Signs o Under Canopy Signs o Awning Signs o Projecting Signs o Indirectly Illuminated Signs o Temporary A-Frame or Sandwich Board Signs 6. Sign Standards a. Wall Mounted Signs. Maximum of one square foot per linear frontage foot of business establishment. To be located no higher tharl the lowest of the folIowing points: I . 25 feet above grade; Bottom of the sill line of the second floor windows; or Cornice line of the building. . . b. Suoenrraohics, The purpose of allowing wall supergraphics is to allow the advertising or depiction of products that may have been available in an 1890's marketplace. A supergraphic is a mosaic, mural, painting, graphic art, or combination thereof which is professionally applied to a building that does not contain any brand name, product name, Ic:tters of the alphabet spelling or abbreviating the name of any product, company, profession, or business, or any logo, trademark, trade name, or other commercial message. Maximum size shall not exceed 60% of wall surface. c. Monument Signs. A maximum of one double sided sign per street frontage if said street frontage is over 150 feet. Height of sign shall not exceed 6 feet above grade. Width shall not exceed 4 feet. Each tenant placard shall not exceed 12 inches" high. Sign may only be indirectly illuminated, internal illumination is prohibited. No monument signs are allowed if the street frontage is less than 150 feet. I d. Permanent Window Signs. On ground level, coverage shall not eKceed 20 percent of the total window and door area visible from the exterior of the building; on second level, coverage shall not exceed 30 pe,rcent per window. (No window signs are permitted above second floor). Old Town Specific Plan III - 25 I e. Awning Signs. On ground floor level; 20 percent maximum coverage allowed of the total exterior surface area of each awning. On the second floor level and above; 10 percent maximum coverage allowed of the total exterior surface area of each awning. Internal illumination prohibited. II I I. - I f. Proiecting Signs. One per business allowed; maximum size mal' not exceed 3 square feet and shall not extend more than 3 feet from the wall surface. No illumination is allowed. Projecting signs shall only be attached to buildings, not to poles or other signs. Projecting lligns may encroach into the public right-of-way a maximum of 3 feet subject to the approval of the Director of Planning. I Old Town Specific Plan llr-26 I I I g. Under Canopy Signs. One per business allowed under a canopy, I'Oof, covered walkway, or porch; maximum size of 3 square feet per door entrance; minimum of 7 feet of vertical clearance shall be required from walking grade to the bottom of the sign. . 1 , '.......".: .",:.- h. Temporarv Signs. Temporary grand opening and special event signs are allowed for each business establishment on the exterior wall. Signs shall not be attached to any other freestanding element (porch balustrade, garden wall, tree, monument sign, vehicle, etc.). Signs shall be constructed of cloth, canvas, or other durable material. Plastic or vinyl banner signs are not permitted. The use of neon colored/day glow banner signs is also prohibited. All temporary signs, except for A-Frame/Sandwich Boards, shall abide by the provisions of the Ordinance Regulating Temporary Signs, as amended. i. A-Frame/Sandwich Board Sign. One A-frame or sandwich board sign allowed per property on Friday, Saturday, Sunday, and nationally designated Monday holidays. The size shall not exceed 3.5 feet high and 2 feet wide. A-frame signs shall not block the sidewalk and may not be i1Iuminated. No permit is required for A-frame and sandwich board signs which comply with these provisions. Old Town Specific Plan III - 27 I j, I I Old Town Specific Plan Menu Boards. One menu board, up to 4 square feet in area, is allowed for each restaurant or other eating establishment. Menu Boards may contain only the name of the establishment and the food available inside. The menu board must be located on a wall adjacent to the main customer entrance. Appropriate locatIon tor menu board. . sign k. Multi-Tenant Proiect Signs. Any project that proposes to provide space for more than one tenant shall indicate the size: and approximate location of all signs to be erected on the propelty at the time of initial application. Signs shall be shown on elevation drawings with accurate dimensions provided. III - 28 I I I H. GENERAL PROVISIONS AND REGULATIONS The following regulations apply within all land use districts in the Old Town Spedfic Plan area. 1.. Land Use Determinations. Whenever a particular type of land use is not listed in Table ill-I, the Director of Planning shall determine if that unspecified land U:le is consistent with the overall intent of the district, in which the use is proposed; and is consistent with other permitted or conditional uses in that district. The Director's determination shall be final. 2. Nonconforming Uses and Structures. Where, at the time of passage of this Specific Plan, a lawful use of land or structure exists which would not be permitted by the regulations imposed by this Specific Plan, such use or structure may be continued indefinitely unless one of the folIowing is involved: o If the nonconforming use vacates the property and the nonconfoDning use is not reestablished within one year, the use shall not be reestablished. o If the nonconforming use voluntarily vacates the property after the year 2013 for any reason, a nonconforming use shall not be reestlllllislted. o If more than 50% of a nonconforming structure is damaged or destroyed, the nonconforming structure shall not be reestablished. o If more than 25%, but less than 50%, of a nonconforming structure is damaged or destroyed, the structure may be replaced if the exterior of the repaired structure substantially conforms to the architectural standards contained in Section IV of this Specific Plan. 3. Adaptive Re-use Parking Waiver. In order to preserve historic or unique existing buildings in the Old Town Specific Plan area, lldditional off-street parking Hhall not be required for the use or intensification of use for these buildings. Tl1ese designated historic buildings and structures are identified in the Old Town Historic Preservation District Ordinance (Section V.C of the Specific Plan). 4. Public Right-of-Wav Encroachments. In order to accomplish the overall design theme required by this Specific Plan, it may be appropriate to allow certain building accessories (e.g. awnings, trellises, stairs to porches, or projecting signs) to encroach into the public right-of-way. The Director may approve such encroachments under the Development Plan approval process provided in the Development Code. Old Town Specific Plan III - 29 I 5, Temoorarv Use Permits. Permits for temporary uses in the Old Town area shall conform with the provisions of Section 17.04.020 of the Temecula Municipal Code except that the outdoor display and sales of merchandise, customarily sold by the permanent Old Town business, is limited to four events per year. Each event is not to exceed four (4) consecutive days. 6. Setback Area Encroachments. Adjustments to setback requirements of up to 25% may be approved or conditionally approved by the Director of Planning if it can be demonstrated that the encroachment is otherwise compatible with the Specific Plan, and will enhance the overall appearance of the project or serve a partic:ular useful function for the general public. Common examples of these encroachments include awnings, canopies, marquees, trellises, stairs, and other similar desirable architectural items. 7. Violations. It shall be unlawful for any person to violate any provision of this ordinance. Any person violating any provision of this ordinance shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person llhall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this ordinance is conuItitted,continued,orpermitted. I Any person so convicted shall be, guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation; and guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second infraction. A third and any additional violation shall constitute a misdemeanor offense and :shall be punishable by a fine not to exceed $1,000.00 or 6 months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve a person from the responsibility for correcting any violation. I Old Town Specific Plan lU - 30 I I I V. OLD TOWN HISTORIC PRESERVATION DISTRICT CONTENTS A. Purpose B. Establishment of the District C. Building Permits and Prohibitions D. Old Town Local Review Board (OTLRB) E. Old Town Local Historic Register F. Certificate of Historic Appropriateness G. Care and Maintenance H. Additional Violation Provisions for Historic Structures A. PURPOSE Page V-I Page V-I Page V-I Page V-2 Page V-3 Page V-6 Page V-8 Page V-9 Protecting the cultural heritage and historical architectural resources found in Old Town is part of the overall goal for the revitalization of Old Town and the protection of the community's heritage. The Old Town Specific Plan also gives owners of eligible historic properties relief from the contemporary municipal codes, ordinances, taxes, and laws levied on newer contemporary structures. B. ESTABLISHMENT OF THE DISTRICT The boundary of the Old Town Historic Preservation District shall be coterminous with the boundary of the Old Town Specific Plan. C. BUILDING PERMITS AND PROHIBITIONS 1. Within the boundaries of the Old Town Historic Preservation District no person shall demolish, remove, relocate, alter, cause to be altered, or modify any designated historic building or structure without the issuance of a Certificate of Historic Appropriateness. 2, Within the boundaries of the Old Town Historic Preservation District, no person shall alter, or cause to be altered, any designated historic building or structure, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness. 3. Within the boundaries of the Old Town Historic Preservation District, no person shall relocate, or cause to be relocated, alter, or cause to be altered, construct, or caUile to be constructed, any building or structure, except in strict compliance with the plans approved in conjunction with the issuance of a Certificate of Historic Appropriateness. Old Town Specific Plan 'V -I I 4. Within the boundaries of the Old Town Historic Preservation District, no building permit shall be issued unless a Certificate of Historic Appropriateness is first issued in compliance with the provisions of this Chapter. 5. Interior building changes to non-historic building and structures that do not effect the buildings exterior are not required to obtain a Certificate of Historic Appropriateness. 6. Nothing in this section shall be construed so as to exempt any person from complying with any other provision of law. D. OLD TOWN LOCAL REVIEW BOARD (OTLRB) 1. The Old Town Historic Preservation District shall have an advisory review board known as the Old Town Local Review Board to provide input into all major projects within the Old Town Specific Plan. The Director of Planning may also provide: the Board with information on major projects adjacent to Old Town that may have: the potential to effect the Old Town area. I 2. The Old Town Local Review Board shall be composed of five members and one alternate (who shall serve in the absence of any member). Board members shall be appointed by the City Council for terms of 3 years. The member terms shall be staggered so that all the members of the Old Town Local Review Board are not appointed at the same time. All members shall exhibit an interest in and knowlc:dge of the history and architecture of the Old Town Historic Preservation District. At least one member shall be knowledgeable in architectural and construction techniques. Members shall serve without pay. 3. The Old Town Local Review Board shall hold regular public meetings and establish such rules as may be appropriate or necessary for the orderly conduct of its business. Three members shall constitute a quorum. At its first meeting of the year, the Board members shall elect a Chairman and Vice Chairman (who will officiate the meetings when the Chairman is absent), who shall serve for terms of one year. 4. The Old Town Local Review Board shall have the following powers and dutil~s in addition to those otherwise provided in this ordinance: a. Provide for pre-application conferences with individuals interested in constructing or altering property within the Old Town Historic Preservation District. The purpose of these conferences shall be to familiarize the applicant with the historic significance and related architectural themes of the distlict. I b. Utilize the adopted Old Town Specific Plan Design Guidelines in the review of applications as part of process to make determinations of consistency and appropriateness with the specific plan. Use the Design Guidelines as a basis for approving or denying applications for a Certificate of Appropriateness. Old Town Specific Plan V-2 I c. Explore means for the protection, retention, and use of any significant structures, natural features, sites, and areas in the district including but nol limited to appropriate legislation and financing by independent funding organizations, or other private, local, state, or federal assistance. d. Serve as an advisory resource to all agencies of the City in matters pertaining to the Historic District, and to encourage efforts by, and cooperation with individuals, private organizations, and other governmental agencies concerned with preservation of the district's architectural, environmental, and cultural heritage. e. Render advice and guidance, upon request of the property owner or occupanl regarding construction, restoration, alteration, decoration, landscaping, or maintenance of any structure, natural feature, site or area within the district. f. Encourage public understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretative programs. E. OLD TOWN TEMECULA LOCAL HISTORIC REGISTER I I. The City Council has identified the following historic buildings and structures in the Old Town area. These building and structures are officially designated on the Local Historic Register for the City of Temecula, All buildings on this list are eligible to receive any and all benefits authorized by the State of California for designated historic structures. The use of the Historic Building Code is specifically authorized. 2. The list of Designated Historic Buildings and Structures is as follows. The locations of the designated historic buildings and structures are also shown on Exhibit V-I. I A. Saint Catherine's Church, 1920 B. Welty Building, 1897 C. Machado Store, 1910 D. Clogstone Restaurant, 1932 E. First National Bank, 1914 F. Palomar Hotel, 1915 G. Alec Escallier House, 1927-28 H. Burnham Store, 1902 I. Friedeman Meat Market, 1901 J. Welty Hotel, 1891 K. J.D. Welty, 1936 L. Arviso House, 1920 M. Unnamed residence, 1928 N. Bill Friedeman House, 1922 28314 Mercedes Street 28659 Old Town Front Street 28656 Old Town Front Street 28676 Old Town Front Street 28645 Old Town Front Street 28522 Old Town Front Street 41852 Main Street 42051 Main Street 42050 Main Street 42100 Main Street 42081 3rd Street 41915 4th Street 42251 6th Street 42291 6th Street V-3 Old Town Specific Plan I O. Nienke House, 1936 P. McConville House, early 1890's Q, Albert Nienke House, early 1920's R. GA Burnham House, early 1880's S. Al Otto House, 1882 28575 Pujol Street 28585 Pujol Street 28649 Pujol Street 28653 Pujol Street 28717 Pujol Street Saint Catherine's Church building (Historic Building "A") was relocated to Sam Hicks Monument Park in 1992. The BiII Freideman House (Historic Building "0") was relocated on the same site in 2003 as part of housing project sponsored by the City Redevelopment Agency. 3. Since the initial adoption of the Old Town Specific Plan, a number of previously designated historic structure were determined to be substantially dilapidated and/or unsafe and it was determined that these historic structures could not be rehabilitllted. The following is a list of designated historic structures that were demolished since the Plan's initial adoption 1994. This listing has been provided for historic documentation purposes only. I a. b. c. d. Harry Walters House, 1930's, 28535 Pujol Street Unnamed residence, 1920,28735 Pujol Street Knott's Garage, 1910,28545 Old Town Front Street Angel Ramirez House, 1926,28731 Pujol Street Fred Ramirez House, 1920, 28725 Pujol Street Removed in 1996 Removed in 1999 Removed in 2000 Removed in 2002 Removed in 2002 e. I Old Town Specific Plan V-4 I I I Old Town Temecula Specific Plan Exhibit V-1 Historic Structures Map A. SaInt Cathel1ne', Chun:h. 1920 B. Wilily BulldIng. 1897 C._Store,1910 D. CIogI1ont _ 1932 E. ___1914 F, __.1915 G. Aloe EIoolU.. _ 1927.28 H. __.1902 I. F_MoatMarket, 1901 J, Wilily _. 1891 K. J.D.WoIIy.l938 L __,1920 M. Unnamed resl_. 1929 N, 811 Frtedoman _, 1922 0.__.1938 p, _Ie _. NJ1y 1890', Q. Albert _ _ eOIty 1920', R. GA _ _, eOIty 1880', S, AI 01ID Houle. 1882 28314 Mon:odoI _ 28659 Old T..... F__ 28856 Old T..... Front_ 28678 Old T..... Front_ 28845 OIdT.....F__ 28522 Old T..... Front_ 41852M11n_t 42051 MaIn_I 42050 MaIn_ 42100 MIIn_ 420813n1_ 419154th_ 42251 6th SIIeeI 422918lh _ 28575,,*, strol. 28585 "*' Stroot 28849 PujoI_ 28853 "*'_ 28717 "*' SIre" A N 400 o 400 BOO Feel __-_8____ I F. CERTIFICATE OF HISTORIC APPROPRIATENESS 1, No existing building or structure may be altered or demolished, and no new building or structure constructed without the prior approval of a Certificate of Historic Appropriateness pursuant to the provisions of this Section, 2, Certificates of Historic Appropriateness may be issued either by the Director of Planning or the Planning Commission or City Council as part of the approval process for any development within the Old Town Specific Plan. The determination of who approves the Certificate of Historical Appropriateness shall be based upon the approval authority established by the Development Code for the accompanying application. No development application for Level Two projects in Old Town, as described below, may be approved without a recommendation from the Old Town Local Review Board. 3. For the purposes of implementing the provisions of the Old Town Specific Plan there are two levels of Old Town development project. The first category is the ministerial or minor projects, referred to as Level One projects. The second category is for non- ministerial and major projects, also called Level Two projects. I a, Level One Proiects do not require the review and recommendation of the Old Town Local Review Board. Level One projects may be approved by administrative (staff only) review following the Director of Planning's determination to grant a Certificate of Historical Appropriateness. Typical examples include the following: . Interior changes or alterations to historic structures; . Re-Iandscaping around existing structure; . Re-roofing of an existing building; . Additions and remodels to non-historic single family residences; . Exterior architectural modifications to an existing commercial, office, or residential building effecting less than 25% of the front or street side exterior facade; . The demolition to non-historic buildings and structures; . New signs up to 12 square feet in size; and . Changes in the copy of previously approved signs. The Director of Planning, at their sole discretion, may forward Level One projects to the Old Town Local Review Board when unique circumstance.s, or the sensitivity of adjacent historic structures or land uses indicate the potential for an adverse aesthetic impact. I Old Town Specific Plan V-6 I b. Level Two Proiects have the potential for significant aesthetic impacts. Level Two Projects shall always require review by the Old Town Local Review Board prior to action by the approving authority. Typical examples of Level Two projects include, but are not limited to, the following: . Multi-family residential projects; New commercial and office projects; Exterior architectural modifications to an existing commercial, office, or residential building when 25% or more of the front or street side extl:rior facade is affected; The alteration to a designated historic structure; The demolition of, or substantial alteration to, a designated historic structure (requires Planning Commission approval); New signs over 12 square feet; Mini-monument signs located on architectural features that exceed the standard height requirement of four feet; and, The removal of a specimen oak tree with a 10 inches or greater trunk diameter. . . . . . . . 4. All applications shall be filed on the forms and in a manner determined by the Director of Planning. Applications shall not be accepted unless they are accompanied by the appropriate filing fee and such information and drawings as may be required by the Director of Planning. All applications for Certificates of Historic Appropriateness shall be signed by either the owner of the property or a person authorized by the owner. I All drawings shall be signed by the architect responsible for the design and must be in sufficient detail to show the proposed design for the site. This includes the architectural design and elevations (including signs), proposed materials, textures and colors (including material samples), and the site layout (including all improvements affecting appearances, such as walls, walks, terraces, plantings, accessory buildings, signs, lights, and other similar elements). 5. Following the receipt of a complete application, the Director of Planning shall schedule a meeting of the Old Town Local Review Board within 60 days and provide the Board with a staff report, including a copy of the site plan and elevations. The Board shall review the application material and make a recommendation to approve or deny, with or without conditions, any requests for a Certificate of Historic Appropriateness to the approval authority designated by the Development Code. I Old Town Specific Plan V-7 I 6. In considering applications for Certificates of Historic Appropriateness, the Old Town Local Review Board shall make the following findings: a. That the proposed structure is in conformance with the general plan for Temecula and with all applicable requirements of state law and other ordinances of the city and is designed for the protection of the public health, safety, and general welfare. b. That the proposed structure is in conformance with the requirements of the Old Town Specific Plan, including the goals, objectives and policies, and architectural guidelines and standards. c. In the event of the proposed demolition of a designated historic building or structure, the Board shall also be required to find that applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure can not be effectively repaired or retrofitted. I 7. The expiration date for a Certificate of Historic Appropriateness shall be the same as expiration date for the accompanying planning application, as may be extended pursuant to the provisions of the Development Code. If the Development Code does not specify an expiration date, the project which the Certificates of Historic Appropriateness was approved shall commence construction within three years of the date of approval or the Certificate of Historic Appropriateness shall become nulJ and void. No extensions of time will be allowed for these projects. G. MAINTENANCE AND CARE 1. The owner, occupant, or other person in actual charge of an building or structure on Old Town Temecula Local Historic Register shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designation statement, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. 2. Nothing in the requirements of section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated Old Town Temecula Local Historic Register building of structure that does not involve a change in design, material, or external appearance thereof. I Old Town Specific Plan V-8 I H. ADDITIONAL VIOLATION PROVISIONS FOR HISTORIC STRUCTURES 1. In addition to the general violation provisions in Section m.H.7 of the Specific Plan, any person who demolishes, alters or removes a building or structure on the Old Town Temecula Local Historic Register, that person and the owner shall be required to restore the building, site, or structure to its original condition and setting prior to the violation within ninety days. Any action to enforce this provision may be brought by the city or any other interested party. This civil remedy shall be in addition to, any criminal prosecution and penalty and any other remedy provided by law 2. If any person demolishes or removes an building or structure on the Old Town Local Historic Register in violation of this section, no building or construction related (including grading) permits or permits to use the property as a parking area or other commercial venture shall be issued for a period of up to seven years, at the City Council's discretion, based on the significance of the resource from the date of demolition, except to replicate the lost resource. The failure to adequately maintain a designated historic building or structure can also be considered to constitute the unauthorized demolition of a building or structure on the Old Town Temecula Local Historic Register. I For the purpose of this section, the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition. The owner shall have the burden of providing an earlier date, if entitlement to an earlier date is claimed. The owner shall have the affirmative obligations to plant grass, to provide a temporary irrigation system to maintain such landscaping and to prevent the accumulation of debris and waste on the property during the interim period. I Old Town Specific Plan V-9