HomeMy WebLinkAbout2022-01 CC OrdinanceORDINANCE NO.2022-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 15 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO (1) COMPLY WITH
STATE LAW CHANGES TO LARGE FAMILY DAYCARE
HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO
SENIOR HOUSING, TRANSITIONAL HOUSING,
SUPPORTIVE HOUSING, EMERGENCY SHELTERS,
TRASH ENCLOSURES, SELF -STORAGE OR MINI -
WAREHOUSE FACILITIES AND TO PROJECTS USING
THE AFFORDABLE HOUSING OVERLAY ZONE, (3)
ESTABLISH STANDARDS AND REQUIREMENTS FOR
DEDICATIONS AND IMPROVEMENTS FOR
DEVELOPMENTS WITHOUT A SUBDIVISION, (4)
UPDATE HOW DEVELOPMENT IMPACT FEES CAN BE
USED, (5) CLARIFY WHERE ARTIFICIAL TURF CAN BE
INSTALLED, AND (6) MAKE MINOR TYPOGRAPHICAL
EDITS AND FINDING THAT THIS ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA
GUIDELINES SECTION 15061 (11)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions
of Title 15 (Building and Construction), and Title 17 (Zoning) of the Temecula Municipal Code.
B. The code amendments are being made to address changes in State law where the
City is now preempted from regulating large day care homes. In addition, this Ordinance amends
the code to address and reflect the City's standard pattern and practice with respect to (1)
improvements for developments without subdivisions (2) use of development impact fees, (3) the
standards that apply to senior housing, transitional housing, supportive housing, emergency
shelters, trash enclosures, and self -storage or mini -warehouse facilities, and (4) the standards that
apply to projects in the Affordable Housing Overlay Zone. The code amendment also reaffirms
when artificial turf can be installed and amends the definition of accessory dwelling units and
junior accessory dwelling units. Finally, the code amendment makes minor typographical edits to
the code.
C. As required by State law, the Planning Commission considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Ordinance") on December 1,
2021, 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 of or opposition to this
matter.
D. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Resolution No. 2021-41, recommending that
the City Council approve the code amendments.
E. The City Council, at a regular meeting, considered the Ordinance on January 25,
2022, 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.
F. Following the public hearing, the City Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed use is allowed in the land use designation in which the use is located,
as shown on the land use map, or is described in the text of the general plan.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any
land use that is inconsistent with the Temecula General Plan. The proposed changes to family day
care homes are required by recent state legislation that requires all day care facilities to be treated
as any other residential use would be treated. The proposed revisions to transitional and supportive
housing clarify the standards that apply to these uses and are required to adhere to state law in
compliance with Housing Program #3 of the Housing Element of the City's General Plan.
Standards for emergency shelters are in Compliance with Housing Program #2 of the Housing
Element. All other proposed amendments are minor clarifications and typographical edits and do
not propose any land use changes contrary to the adopted General Plan.
2. The proposed use is in conformance with the goals, policies, programs and guidelines
of the elements of the general plan.
The proposed changes to family day care homes are consistent with Goal 5 of the Growth
Management/Public Facilities element of the Temecula General Plan, which is to ensure "Public
and quasi -public facilities and services that provide for the social, cultural, civic, and religious,
and recreational needs of the community." As a quasi -public facility, day care homes provide
needed services to residents who may require day care services. For transitional, supportive, and
emergency shelter facilities, Housing Element Policy 2.4 of the General Plan states, "Pursue all
available forms of private, local, state, and federal assistance to support development and
implementation of the City's housing programs." The proposed changes related to senior housing
are supported by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing
design standards that promote the accessibility of housing for persons with special needs, such as
the elderly..." The remaining proposed amendments to the Temecula Municipal Code are minor
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clarifications and typographical edits and do not result in a contrary policy direction, or indicate
an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed use is to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land
use that is inconsistent with the Temecula General Plan. The proposed changes to family day care
homes are required by recent state legislation that requires all day care facilities to be as treated as
any other residential use would be treated. Changes to transitional and supportive housing are
required to adhere to state law in compliance with Housing Program #3 of the Housing Element
of the City's General Plan. Standards for emergency shelters are in Compliance with Housing
Program #2 of the Housing Element. The proposed changes related to senior housing are supported
by Housing Element Policy 5.3 of the General Plan that states, "Encourage housing design
standards that promote the accessibility of housing for persons with special needs, such as the
elderly..." All other proposed amendments are clarifications and typographical edits and do not
propose any land use changes contrary to the adopted General Plan.
Section 3. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the Municipal Code amendments would
have a significant impact on the environment pursuant to State CEQA Guidelines Section
15061(b)(3). The Municipal Code amendments are minor policy changes, changes required by
state law or revisions that reflect the City's standard practice and patterns, and clarifications or
typographical corrections, which do not result in a significant increase in the intensity or density
of any land use above what is currently allowed. A Notice of Exemption has been prepared and
will be filed in accordance with CEQA and the State CEQA Guidelines.
Section 4. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing
in strikethrough text and additions appearing in underlined text), with all other provisions of
Section 17.03.010 remaining unchanged:
Table 17.03.010
Planning and Zoning Approval Authority
Application
Administrative
Planning
Planning
City
Approval
Director
Commission
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text
1
Recommendation
X'
changes
Zoning amendment: map
Recommendation'
X'
changes
1
J
1
Zoning amendment: specific
plan, includes specific plan
amendments
Recommendation'
X'
Conditional use permit—
existing building
1,2
X
Conditional use permit with a
development plan
, , 3
X -
3
X
Development plan
(10,000 sq. ft. or greater)
X,
Development plan
(less than 10,000 sq. ft.)
X
Major modifications
X2,4
X' •4
Minor modifications
X2
Administrative development
plan
X2
Home occupation plan
X2
f6eility
-
-
Minor exceptions
X2
Sign permits
X2
Sign programs, including sign
program modifications
X2
Temporary use permits
X2
Variance
X 1
Accessory Dwelling Unit
V
Hillside development permit
X1
Section 5. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and
additions appearing in underlined text), with all other provisions of Table 17.06.030 remaining
unchanged:
Table 17.06.030
Residential Districts
Description of Use I HR I RR I VL I L- I L- I LM I M I H I HR-SM9
1
1
1
Residential
Single-family detached
P
P
P
P
P
P
P
-
P
Duplex (two-family dwellings)
-
-
-
-2
-2
-2
P
P
-
Single-family attached (greater than
P
P
P
two units)
Multiple -family
-
-
-
-
-
-
P
P
-
Manufactured homes
P
P
P
P
P
P
P
P
P
Mobilehome park
-
-
C8
C
C
C
C
C
-
Facilities for the mentally disordered,
disabled, or dependent or neglected
P
P
P
P
P
P
P
P
P
children (six or fewer)
Facilities for the mentally disordered,
disabled, or dependent or neglected
C
C
C
C
C
C
P
P
C
children (seven to twelve)
Alcoholism or drug abuse recovery or
P
P
P
P
P
P
P
P
P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or
C
C
C8
C
C
C
P
P
C
treatment facility (seven or more)
Description of Use (residential
1111
R R
V L
L-
L-
L M
M
H
HR-SM 9
continued)
1
2
Residential care facilities for the
P
P
P
P
P
P
P
P
P
elderly (six or fewer)
Residential care facilities for the
C
C
C
C
C
C
P
P
C
elderly (seven or more)
Residential care facilities (six or
P
P
P
P
P
P
P
P
P
fewer)
Residential care facilities (seven or
C
C
C
C
C
C
C
P
C
more)
Congregate care residential facilities
P
P
P
P
for the elderly
Rooming and boarding house
-
-
-
-
-
-
C
C
-
Accessory dwelling units
P
P
P
P
P
P
P
P
P
Guest house
P
P
P
P
P
P
P4
P4
P
Family day care homes —small and
P
P
P
P
P
P
P
P
P
large
Family y eaTe homes-�+
I P
I P
P
P
P
1
Day care centers
C
C
C
C
C
C
C
C
C
Bed and breakfast establishments
C
C
C
C
C
C
C
C
C
Emergency shelters
C
C
C,
C
C
C
P
P
C
Transitional housing
C- P
C-
Eg
E
E
E-P
P
P
C-P
Supportive housing''-Z
C-P
-
G
P
G
P
G
P
G
P
C-P
-
P
P
C-P
Efficiency units
-
-
-
-
-
-
P
P
-
Nonresidential
Agriculture/open space uses
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
C,
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivation10
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for
profit)
C
C
C,
C
C
C
C
C
-
Kennels and catteries6
C
C
C
-
-
-
-
-
-
Noncommercial keeping of horses,
cattle, sheep and goats
P
P
P
P
P
P
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard
-
C
C,
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
-
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
C,
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers5,6
P
P
P
P
P
P
P
P
P
Short-term rentals
-
-
-
-
-
-
-
-
-
Notes:
12. Transitional housing and supportive housing shall be subject only to those restrictions
that apply to other residential dwellings of the same type in the same zone.
E
u
Section 6. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning District) of Section 17.06.050 (Special use standards and regulations.)
of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to read as follows (with deletions appearing in strikethrough text and additions
appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard
Carports
Not permitted
5 ft. min. for support
5 ft. min. for support
columns
columns
Detached guest
Not permitted in the
Refer to the rear yard
Refer to the side yard
house
actual front yard'
setbacks in Table
setbacks in Table
17.06.040
17.06.040
Garage
20 ft. (Entrance faces
5 ft. min., but no less
5 ft. min.
street)
than 15 ft. from
10 ft. (Entrance from
centerline of alley
side not facing front
yard)
Storage/utility
Not permitted
3 ft.
3 ft.
enclosure
Swimming pool
Not permitted
5 ft. to water's edge
5 ft. to water's edge
Swimming pool
Not permitted
3 ft.
3 ft.
equipment
Spa
Not permitted
3 ft. to water's edge
3 ft. to water's edge
Antennas
Not permitted
5 ft.
5 ft.
Gazebo/garden
Not permitted
5 ft.
5 ft. if interior side
structure
yard 10 ft. if street
side yard on corner
lot
Solar collector
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
Ground mounted)
yard
Decks net to exeeed
inehes
Not permitted
5 ft. min.
5 ft. min.
36 above the
gfe (not to exceed
36 inches above the
ground)
Roof Decks
Must meet district development standards (i.e. setbacks, height,
coverage, etc.)
1
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yardl
Patio covers
15 ft.
5 ft. min.
5 ft. min.
measured at vertical
supports
Section 7. Subsection "I" (Family Day Care Home Facilities) of Section 17.06.050
(Special use standards and regulations.) of Chapter 17.06 (Residential Zoning Districts) of Title
17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety, with all other
provisions of Section 17.06.050 remaining unchanged.
Section 8. Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
change any reference to the terms "Alcoholism and/or drug treatment facility" or "Alcoholism or
drug treatment facility" to "Alcoholism or drug abuse recovery or treatment facility".
Section 9. Subsection "M" of Section 17.10.020 (Supplemental development
standards) of Chapter 17.10 (Supplement Development Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in
strikethrough text and additions appearing in underlined text) with all other provisions of Section
17.10.020 remaining unchanged:
"M. Senior Housing/Congregate Care Facilities. Senior housing and congregate care
facilities are permitted in the zoning districts identified in the land use tables, subject to the
approval of a development plan. Senior housing and congregate care facilities shall comply
with the following:
1. Senior housing shall comply with all the provisions of the development code,
unless modified by the following provisions:
a. The maximum densities for senior housing are as follows:
i. In the high density residential zoning district and the community
commercial, highway tourism, service commercial, public/institutional
district, and professional office zoning districts, the maximum density shall
be thirty units per acre.
ii. In the medium density residential zoning district and the neighborhood
commercial zoning district, the maximum density shall be twenty units per
acre.
iii. In the low medium residential zoning district, the maximum density
shall be eight units per acre.
b. The net livable area for each dwelling unit shall not be less than four hundred
square feet for an efficiency unit, five hundred fifty square feet for a one -bedroom
unit, and seven hundred square feet for a two -bedroom unit. Kitchenettes may be
8
permitted, provided they are sized to meet the immediate needs of the occupants
of the unit.
C. Senior housing shall comply with the requirements for senior housing
developments set forth in Civil Code Section 51.3 et seq.
2. Congregate care projects shall comply with all the provisions of the development
code unless modified by the following provisions:
a. The maximum densities for congregate care facilities are not limited
specifically to density requirements so long as all the site development standards
are met (i.e., required setbacks, parking, landscaping, open space, etc.).
b. The disabled units shall comply with the standards set forth in Title 24 of the
California Code of Regulations.
3. The provisions of this subsection shall apply to all approved specific plans within
the city of Temecula, unless the specific plan contains specific standards for the type of
housing being considered."
Section 10. Subsection "N" of Section 17.10.020 (Supplemental development
standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text), with all other provisions of Section 17.10.020 remaining unchanged:
"N. Self -Storage or Mini -Warehouse Facilities.
1. Development Standards. The following standards shall be applied to all new self -
storage or mini -warehouse facilities:
a. The design of the facility shall be compatible with the surrounding area in
terms of design, bulk and mass, materials and colors. Building exteriors shall not
be corrugated metal or similar surface, but shall be of finished quality. Metal
containers are prohibited;
b. In commercial zoning districts the rear and side yard setbacks shall be a
minimum of ten feet. In industrial zoning districts no rear or side yard setbacks
are required. The director of planning may increase the setbacks to a maximum of
twenty-five feet when adjacent to an existing residential development project. The
front yard setback shall maintain the setback for the underlying zoning
classification;
c. The maximum lot coverage and floor area ratio (FAR) shall be sixty-five
percent;
d. The development site shall provide a minimum of ten percent landscaped
open space for a project within commercial districts. In industrial districts, the
total landscaping shall be equal to the required setback areas. No interior
landscaping is required, but the setback areas shall be landscaped;
e. A manager's residential unit may be provided, but is not required;
f. Required parking spaces may not be rented as, or used for, vehicular storage.
However, additional parking area may be provided for vehicles, boats, buses,
trailers, etc., provided that the storage area is adequately screened from public
1
1
1
view with enhanced landscaping, decorative walls, fences, or other methods as
deemed appropriate by the director.
2. Performance and Use Regulations.
a. Any business activity, other than rental of storage units, including the on -site
sale of merchandise or garage sales, and transfer/storage businesses which utilize
vehicles as part of the business is prohibited. No servicing or repair of motor
vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted.
b. Storage units shall not be used for the storage of flammable liquids, highly
combustible or explosive materials, or hazardous chemicals.
c. Truck or vehicle rental is prohibited without obtaining all necessary
approvals subject to the development code schedule of permitted uses."
Section 11. A new Subsection "R" is hereby added to Section 17.10.020 (Supplemental
development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17
(Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section
17.10.020 remaining unchanged:
"R. Emergency Shelters.
Emergency shelters shall be allowed in accordance with the land use table for the specific
zone and provided that the following development standards are met:
1. The minimum floor area per occupant shall be at least one hundred fifty (150) square
feet and the maximum number of occupants to be served at any given time shall not exceed fifty
(50).
2. A minimum distance of three hundred feet (300') shall be maintained from any other
emergency shelter.
3. The maximum stay per occupant at the facility shall not exceed ninety (90) days in a
three hundred sixty five (365) day period.
4. On site client waiting and intake areas shall be located inside the building and shall
be screened from public and private property where feasible. If not feasible, an exterior waiting
area shall be provided that (a) contains a minimum of ten (10) square feet per bed provided at the
facility; (b) is in a location not adjacent to the public right of way; and (c) is visibly separated from
public view by a minimum six foot (6) tall visual screening.
5. A minimum of one employee per fifteen (15) beds shall be on duty and remain on
site during operational hours whenever clients are on the site. Licensed security personnel shall
also be provided during operational hours whenever clients are on the site and when people are
waiting outside the facility. The licensed security personnel shall be in addition to the minimum
employee requirement set forth above.
6. Exterior lighting shall be provided for the entire outdoor area of the site, and shall be
stationary, shielded, and directed away from adjacent properties and public rights of way. Lighting
should be provided at a minimum illumination of one footcandle across parking areas and two
footcandles at entrances.
7. A minimum of one parking space for every ten (10) beds, plus one-half (1 /2) parking
space for each bedroom designated for families with children, plus one parking space for each
employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced
by twenty-five percent (25%) if the shelter is located within one thousand feet (1,000') of a public
transit stop. Bicycle rack parking shall also be provided at the facility.
8. The facility may provide the following services and facilities to clients in a designated
area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located outside, the area
shall be screened from public view with landscaping.
b. A counseling center for job placement, educational, healthcare, legal, or mental
health services.
c. Laundry facilities to serve the occupants at the shelter.
d. A kitchen for the preparation of meals.
e. A dining hall.
f. Client storage areas (i.e., for the overnight storage of bicycles and personal items).
9. The operator of the facility shall provide, at the city's request, an annual report of the
use of the facility and determination of compliance with the city's development standards for the
use.
10. A management plan shall be submitted to be reviewed, approved, and enforced by
the director of community development. The management plan shall be approved before issuance
of a building permit (including those building permits solely utilized for occupancy only). The
management plan shall be comprehensive and shall address, at a minimum, hours of operation,
eligibility requirements, admission hours and process, staff training, case management,
neighborhood outreach and privacy, resident counseling and treatment, maintenance plans,
residency and guest rules and procedures including rules pertaining to drugs, alcohol, tobacco,
weapons and fraternization, staffing and volunteer needs, including job descriptions, procedures
related to families with children, policies related to personal effects, disciplinary procedures, safety
policy, grievance procedures, and emergency preparedness plan."
Section 12. A new Subsection "S" is hereby added to Section 17.10.020 (Supplemental
development standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17
(Zoning) of the Temecula Municipal Code to read as follows, with all other provisions of Section
17.10.020 remaining unchanged:
"S. Trash Enclosures
Trash enclosures shall be designed in a manner that incorporates the following
requirements:
1. Trash enclosures shall be designed in a size, manner, and location that is approved
by the City's trash purveyor and the City.
2. Trash enclosures shall be designed in accordance with the City's most recent design
standards.
3. Trash enclosures shall incorporate architectural design features from the surrounding
architecture, including finishes, roofing, and colors.
4. Trash enclosures shall incorporate a solid (non -permeable) roof and working interior
illumination (a minimum of one foot candle throughout the interior).
1
1
5. Trash enclosures shall have working locking mechanisms on all access gates,
including pedestrian access gates, that shall remain locked and accessible only to
authorized users (residents, commercial tenants, etc.) during times when pick-up
service is not scheduled.
6. Trash enclosures shall have anti -dumping design features incorporated into the
design of the trash enclosure, which prevent (a) the transfer of materials over or
around the trash enclosure, and (b) the unauthorized entry into any portion of the trash
enclosure or unauthorized dumping. Anti -dumping features must be designed in
complimentary design manner to the existing or proposed building, and shall not
include chain link fence, razor wire, or barbed wire.
7. When required by the Public Works Department, the trash enclosures shall have a
drain that is tied into the sewer purveyor and designed to the sewer purveyor's
standards.
8. When required by the Public Works Department, trash enclosures shall have a
functioning hose bib located within the interior of the trash enclosure to keep the trash
enclosure free of potential pollutants. The hose bib shall have a detachable key and/or
locking mechanism. The hose bib shall be designed in a manner where the hose bib
is protected from damage occurring from normal operations by location or another
physical barrier.
9. Upgrades to existing trash enclosures may be required as determined by the Public
Works Director, based upon the scope of tenant improvements to an existing building,
building additions or other similar modifications. Tenant improvements at
restaurants, automobile repair facilities, and other uses with a higher likelihood of
pollutants will require upgrades to the existing trash enclosures."
r* `, - ,
Architectural Roof
f Pr 1
Durable Doors
with Locking
Anti-dumping1 +� Mechanism
1..
Features � � � � /� W'�
i Matching Building
Finishes (Stucco,
Brick, Etc.)
y
SAMPLE TRASH ENCLOSURE
Section 13. Note 4 of Table 17.12.030 (Schedule of Permitted Uses—
Public/Institutional Districts.) of Section 17.12.030 (Use Regulations) of Chapter 17.12
(Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
12
1
amended to read as follows (with additions appearing in underlined text), with all other provisions
of Section 17.12.030 remaining unchanged:
"4. Residential, multiple -family housing shall be allowed in the PI zone only if LD the
affordable housing overlay (AHO) applies to the property, (2) the proposed development complies
with all of the requirements of the High Density Residential District Standards outlined in Table
17.06.040 (Development Standards — Residential Districts) of Section 17.06.040 (Development
Standards) and (3) the proposed development complies with all requirements of Chapter 17.21."
Section 14. Table 17.12.040 (Development Standards — Public Institutional Districts) of
Section 17.12.040 (Development Standards) of Chapter 17.12 (Public/Institutional District) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new note 1 to read
as follows (with additions appearing in underlined text):
GL
Table 17.12.040
Development Standards—Public/Institutional Districts
Development Standard''
PI District
Minimum lot size
7,000 sq. ft.
Minimum lot width
50 ft.
Minimum lot depth
100 ft.
Maximum lot coverage
35%
Floor area ratio
0.3
Setbacks!:
Front yard
20 ft.
Interior side yard
5 ft.
Street side yard
15 ft.
Rear yard
15 ft.
Rear yard —adjacent to alley or street
20 ft.
Minimum landscape coverage'-
25%
Note:
1. Residential. multiple-familv housine utilizing the affordable housing overlav (AHO) shall
comply with all of the requirements of the High Density Residential District Standards outlined
in Table 17.06.040 (Development Standards — Residential Districts) of Section 17.06.040
(Development Standards) and the development shall comply with all requirements of Chapter
17.21."
Section 15. Table 17.22.116 (Schedule of Permitted Uses Margarita Road Planned
Development Overlay District-2) of Section 17.22.116 (Use regulations.) of Chapter 17.21
(Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended as follows (with deletions appearing in strikethrough text and
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1
1
1
additions appearing in underlined text), with all other provisions of Table 17.22.116 remaining
unchanged:
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Single-family detached
P'
Duplex(two-family dwellings)
P'
Single-family attached eater than two units
P
Multiple -family
P
Manufactured homes
P
Mobilehome park
-
Facilities for the mentally disordered, disabled or dependent or neglected children
six or fewer
P
Facilities for the mentally disordered, disabled or dependent or neglected children
seven to twelve
P
Alcoholism or drug abuse recovery or treatment facility six or fewer
P
Alcoholism or drug abuse recovery or treatment facility seven or more
P
Residential care facilities for the elderly six or fewer
P
Residential care facilities for the elderly seven or more
P
Congregate care residential facilities for the elderly
P
Boarding, rooming and lodging facilities
C
Secondary dwelling units
-
Guest house
P3
Family day care homes —small and lar e
P
Family day eafe heffH*-4ar-ge
P
Day care centers
C
Bed and breakfast establishments
- I
Emerizencv shelters
P
Transitional housingI'
Nonresidential
Agriculture/open sace uses
P
Religious institutions
-
Public utility facilities
-
Educational institutions
-
Public libraries
C
Public museums and art galleries not for profit)
-
Kennels and catteries
-
Noncommercial keeping of horses, cattle, sheep and goats
-
Temporary real estate tract offices
P
Recreational vehicle storage yard
CZ
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Parking for commercial uses I-
Section 16. Section 17.23.020 (Definitions) of Chapter 17.23 (Accessory Dwelling
Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows
(with deletions appearing in strikethrough text and additions appearing in underlined text) with all
other provisions of Section 17.23.020 remaining unchanged:
"Accessory dwelling unit" or "ADU" has the same meaning ascribed in Government Code
section 65852.2, as the same may be amended from time to time. An Accessory dwelling unit
contains a kitchen. which may include tlumbing. electrical, mechanical, and/or nhvsical space set
aside for cookina or meal nrenaration facilities, which may include space for a refrigerator, sink,
wet bar, and/or dishwasher.
"Attached ADU" means an ADU that is constructed as a physical expansion (i.e. addition)
of the primary dwelling and shares a common wall with the primary dwelling.
"Detached ADU" means an ADU that is constructed as a separate structure from the
primary dwelling, which does not share any walls with the primary dwelling.
"Existing structure" means an existing single-family dwelling or other accessory structure
that can be safely converted into habitable space under the California Building Standards Code, as
amended by the city, and other applicable law.
"Junior accessory dwelling unit" or "JADU" has the same meaning ascribed in
Government Code Section 65852.22, as the same may be amended from time to time. A junior
accessory dwelling unit contains at least an efficiency kitchen, which may include plumbing_
electrical, mechanical, and/or physicalpace set aside for cooking or meal preparation facilities,
which may include space for a refrigerator, sink, wet bar, and/or dishwasher.
"Primary dwelling", for purposes of this chapter, means the existing or proposed single-
family dwelling on the lot where an ADU would be located.
"Public transit", for purposes of this chapter, has the meaning ascribed in Government
Code Section 65852.26), as the same may be amended from time to time.
Section 17. Subsection "K" of Section 17.32.060 (Landscape Design Requirements.) of
Chapter 17.32 (Water Efficient Landscape Design) of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to add a new number "9" to read as follows, with all other provisions of
Section 17.32.060 remaining unchanged:
"9. Artificial/synthetic turf is not a permitted plant material in commercial, industrial, or
mixed -use zones and/or multi -family projects. Green artificial turf may be permitted in
commercial, industrial, and/or mixed -use zones or multi -family projects when utilized for bona
fide recreational facilities such as a sports field. Green artificial/synthetic turf is a permitted non -
plant material for single family homes when used in place of a lawn or other landscaped area of
the home."
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Section 18. The Temecula Municipal Code is hereby amended to add a new Chapter
15.07 (Dedications and Improvements Where No Subdivision is Involved) to Title 15 (Buildings
and Construction) which shall read as follows:
"Chapter 15.07 Dedications and Improvements Where No Subdivision is Involved
15.07.010 Purpose.
15.07.020 Dedications required.
15.07.030 Design of public improvements and security.
15.07.040 Deferrals of Public Improvement Requirements.
15.07.050 Exemption for Expansion of Existing Single Family Homes.
15.07.010 Purpose.
The purpose of this chapter is to establish standards and requirements for dedications and
improvements in connection with the development of land in which no subdivision is involved.
15.07.020 Dedications required.
A. Applicants who propose new development within the city shall provide, by means
of an offer of dedication or other appropriate conveyance as approved by the city attorney, the
rights -of -way necessary for the construction of any street, trail, and/or bicycle path as shown on
the circulation plan in the general plan or any supplemental document identified in the general
plan, any applicable specific plan, or as otherwise required by the city engineer in connection with
a land use entitlement pursuant to Title 17. Rights -of -way shall also be provided for improvements
to existing facilities including rights -of -way for storm drains, trails, bicycle paths, or other required
public facilities. All rights -of -way shall be accompanied by a title examination report and be free
of all liens and encumbrances. Dedications required by this section shall be made before the
issuance of a building permit for a subject property.
15.07.030 Design of public improvements and security.
A. Public Improvements. Applicants shall construct public improvements to city
standards and shall comply with the requirements set forth in Section 16.30.080, with the following
modifications:
1. Any reference to "tentative map" or "final or parcel map" is replaced with
"land use entitlement"; and
2. Any reference to "subdivider" is replaced with "applicant".
B. Security. Applicants are required to guarantee the construction of public
improvements by executing an improvement agreement secured by a bond or cash deposit before
issuance of a building permit for the subject property. If the building permit is not exercised, the
improvement obligation shall terminate and the security shall be returned. The city engineer is
authorized to execute agreements on behalf of the city. The improvement agreement and security
I,
shall comply with the requirements set forth in Section 16.30.100 (A) through (E) with the
following modifications:
1. Any reference to "subdivision improvement agreement" is replaced with
"improvement agreement";
2. Any reference to "subdivider" is replaced with "applicant";
3. The reference in Section 16.30.100(B) to agreements being executed by
"those parties executing the final or parcel map" shall be replaced with "the applicant"; and
4. The reference in Section 16.30.100(C) to "final tract map, parcel map
waiver, lot line adjustment, or lot merger" is replaced with "land use entitlement".
15.07.040 Deferrals of Public Improvement Requirements.
Any required frontage improvements may be deferred when deemed appropriate by the
city engineer. Deferral shall be allowed only when the city engineer finds that construction is
impractical due to physical constraints. When improvements are deferred, the applicant shall enter
into an agreement with the city for the installation of all frontage improvements at a future date as
determined by the city engineer. The agreement shall be approved by the city attorney. The
agreement shall provide for the following:
A. Construction of required improvements shall begin within ninety (90) days of the
receipt of notice to proceed from the city engineer;
B. In the event of default by the applicant or successors, the city is authorized to cause
the construction to be done and charge the entire cost and expense to the applicant or successors,
including interest from the date of notice of the cost and expense until paid;
C. The agreement shall be recorded with the county recorder, at the expense of the
applicant, and shall constitute:
1. Notice to all successors of title to the real property of the obligation; and
2. A lien in an amount to fully reimburse the city for the cost of constructing
the improvements, including interest as outlined above, subject to foreclosure in the event of
default in payment.
D. In the event of litigation caused by a default of the applicant or successors, the
applicant or successors agree to pay all costs involved, including reasonable attorney's fees, which
shall become a part of the lien against the real property;
E. The term "applicant" shall include not only the present owner but also heirs,
successors, executors, administrators, and assigns, with the intent that the obligations undertaken
shall run with the real property and constitute a lien against it: and
F. Other provisions deemed necessary by the city engineer.
15.07.050 Exemption for Expansion of Existing Single Family Homes.
A. The following developments shall be exempt from the requirements of this chapter
to construct street improvements:
1. The addition, enlargement, expansion, alteration, extension, reconstruction
or replacement of any existing single family dwelling and/or accessory
17
structure up to a maximum increase in square footage of 25% to the existing
dwelling or structure
2. The construction of an accessory dwelling unit up to 1,200 square feet in
size.
3. The development of non -habitable accessory structure(s) as provided for
under Section 17.06.050 of this Chapter 17.06 (Residential Districts).
B. A development that is exempt from the requirement to construct street
improvements as provided for in this section shall remain subject to the requirement to provide the
city with an irrevocable offer of dedication for the ultimate street right-of-way for any addition,
enlargement, expansion, alteration, extension, reconstruction or replacement of an existing single
family dwelling and/or habitable accessory structure regardless of size.
C. No exemption from the requirement to construct street improvements shall be
granted if the city engineer determines that the lack of street improvements in this case would be
a potential danger to the public health, safety, and welfare."
Section 19. Section 15.06.060 (Use of Funds.) of Chapter 15.06 (Public Facilities
Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal
Code is hereby renamed "Accounting and Use of Development Impact Fees, and amended in its
entirety to read as follows:
"The City shall establish separate accounts for each category of development impact fee
established by the City Council and deposit development impact fees collected into the appropriate
account. The money deposited into these accounts, and any interest earnings thereon, shall be used
solely for the public improvements, public services, and community amenities for which the
development impact fees were imposed. Development impact fees may be used to pay the
principal, interest and other costs of bonds, notes and other obligations issued or undertaken by or
on behalf of the City to finance such improvements, services and amenities."
Section 20. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 21. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 22. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 8th day of February, 2022.
ATTEST:
Randi Johl, City Clerk
[SEAL]
1
1
Matt Rahn, Mayor
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1
1
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 2022-01 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 25`h day of January, 2022, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 8th day of February, 2022, by the following vote:
AYES: 4 COUNCIL MEMBERS
NOES: 1 COUNCIL MEMBERS
ABSTAIN: 0 COUNCIL MEMBERS:
ABSENT: 0 COUNCIL MEMBERS
Edwards, Rahn, Schwank, Stewart
Alexander
None
None
Randi Johl, City Clerk
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