HomeMy WebLinkAbout2023-03 CC OrdinanceORDINANCE NO.2023-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE, MAKING MINOR
REVISIONS TO MASSAGE ESTABLISHMENTS,
ACCESSORY DWELLING UNIT (ADU), CAR WASH, FLAG
POLE HEIGHT LIMITS, AND CONDITIONAL USE
PERMITS (CUP'S), ESTABLISHES PARKING GARAGE
STANDARDS, CLARIFIES PERMITTED USES IN THE
OPEN SPACE ZONING DESIGNATION, IMPLEMENTS
THE PROVISIONS OF THE LIVE ENTERTAINMENT
ORDINANCE (ORDINANCE NO. 2022-06) FOR PLANNED
DEVELOPMENT OVERLAY ZONES 4 AND 10, MODIFY
THE DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER, AND ADD DEFINITIONS FOR ACTIVE
AND PASSIVE RECREATION, AND FIND 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 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal
Code.
B. As required by State law, the Planning Commission considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code ("Code Amendments") on
November 16, 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 of or opposition
to this matter.
C. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Planning Commission Resolution No.
2022-34, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance on January 24,
2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and
C interested persons had an opportunity to and did testify either in support or opposition to this
matter.
E E. 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 uses are 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.
Except for the amendments pertaining to the Open Space (OS) and Open Space -
Conservation (OS-C) Zoning districts, none of the proposed Code Amendments change the types
of uses allowed in City. The Code Amendments clarify that communication and microwave
installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a
permitted use in the OS and OS-C Zoning districts. The Code Amendments also clarify that OS
and OS-C Zoning districts allow passive recreational uses and defines passive and active
recreation. These uses are consistent with the Open Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and
guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines
C of the elements of the General Plan. The proposed changes allow for the separate conveyance of
an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth
Management/Public Facilities Element of the Temecula General Plan, which is to ensure "Orderly,
and efficient patterns of growth that enhance quality of life for Temecula residents." As a
relatively new home product type, ADU's further Policy 2.5 of the Growth Management/Public
Facilities element of the General Plan that states, "Encourage new development that helps create
and maintain a balance between jobs and housing opportunities." The proposed changes to
specifically allow bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the
Open Space/Conservation Element of the General Plan, which is to ensure "Development of a trail
system that serves both recreational and transportation needs." The proposed changes to PDO 4
and 10 to expressly provide that restaurants with live entertainment must comply with the
Entertainment License and Private Security Operator requirements of the Municipal Code are
consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to "Minimize
the impact of noise levels throughout the community through land use planning." The proposed
addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the
General Plan which is to ensure "An adequate supply of private and public parking to meet the
needs of residents and visitors to the City." The remaining proposed amendments to the Temecula
Municipal Code are minor clarifications and a correction of typographical edits and do not result
in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent
Cwith the general plan and all applicable provisions contained therein.
C 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 majority of the Code Amendments
do not create or allow new uses where they were not previously allowed. Only the revisions to the
Open Space -Conservation (OS-C) and Open Space (OS) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS-C and OS
Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS-C Zoning district.
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 Code Amendments would have a
significant impact on the environment. The Code Amendments impose regulations on existing
uses, but do not increase the intensity or density of any land use or allow any development where
it was not otherwise permitted. 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
majority of the Code Amendments do not create or allow new uses where they were not previously
allowed. Only the revisions to the Open Space (OS) and Open Space -Conservation (OS-C) Zoning
districts impact the use of land. The Code Amendments clarify that communication and
microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths
area permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS and OS-C Zoning districts and, therefore, will not have an impact
on the environment. The City Council hereby directs that a Notice of Exemption be filed in
accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection A.7 of Section 5.22.120 (Exemptions.) of Chapter 5.22
(Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text), with all other provisions of Section 5.22.120 remaining unchanged:
"T Chair massage," i.e., massage of the body from the waist up, to a person seated in a
chair, provided that the massage is performed in an area that is within public view;
a. Chair massage businesses are exempt from the maximum number of massage
establishments as specified in Section 5.22.050 of this chapter.
b. All other requirements of this chapter are applicable to all chair massage businesses
except those items that are expressly not deemed applicable to chair massage
businesses as determined by the Chief of Police in written form.
c. In no case will a chair massage business be eligible to convert their existing business
into a traditional massage establishment. A new massage business license would be
required"
C
Section 5. Subsection "27" (Emergency Communication) is hereby added to
Subsection B (Operations) of Section 5.22.080 (Requirements applicable to the operation of
massage establishments.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5
(Business License and Regulations) of the Temecula Municipal Code to read as follows (with
additions appearing in underlined text), with all other provisions of Section 5.22.080 remaining
unchanged:
27. Emergency Communication Each massage establishment shall have and maintain a
dedicated telecommunication device physically at the business location with an assigned
telephone number capable of receiving incoming calls and dialing out to emergencv
services, specifically 91 L"
Section 6. Subsection "C" (Conservation District (OS-C)) of Section 17.14.020 (Open
space/rccreation districts.) of Chapter 17.14 (Open Space/Recreation/Conservation Districts) 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 17.14.020 remaining
unchanged:
"C. Conservation District (OS-C). The conservation zoning district is intended for those
lands that should remain in a natural state as much as feasible without intrusions from
active recreational uses. Improvements may be made to these areas to allow for passive
recreational uses or for control of erosion, geologic stability, or other public safety
purposes. The construction of buildings or other habitable structures is not permitted. No
profit -generating activities are intended for this zoning district on more than a temporary
basis."
Section 7. Table 17.14.030 (Schedule of Permitted Uses — Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning
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 Section 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Agricultural uses
-
C
C
-
Athletic field
P
-
-
-
Bicycle paths
P
P
P
-
Campground
C
-
-
-
Caretakers quarters
C
C
C
-
Cemeteries, mausoleums and related uses
C
C
-
-
Communications and microwave installations
C
[1
Table 17.14.030
Schedule of Permitted Uses —Open Space
Schedule of Uses
PR
OS
OS-C
OS-C-SM
Flood control structures
C
C
C
C
Game courts, badminton, tennis, racquetball
P
C
-
-
Golf driving range not part of a golf course
C
C
-
-
Golf course and clubhouse
C
C
-
-
Golf course resort (including accessory visitor supporting
accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C
Government and public utility facilities
C
C
C
C
Gymnasium
C
-
-
-
Commercial marijuana activities
-
-
-
-
Marijuanacultivation!
-
-
-
-
Nature centers/exhibits
P
C
C
-
Nurseries
-
C
-
-
Outdoor exhibits
P
P
P
-
Picnic group facilities
C
C
-
-
Private parks and recreation facilities
P
C
-
-
Parking areas
C
C
C
-
Public parks and recreation facilities
P
C
-
-
Recreational vehicle park
-
C
-
-
Riding stable, public or private
C
C
C
-
Shooting galleries, ranges, archery courses
-
C
-
-
Single-family dwellings (1 unit per 40 acres)
-
P
C
-
Tree farms
-
C
-
-
Note:
I. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other purposes, are prohibited uses
everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and
shall be prohibited uses, except as otherwise provided in Sections 8.52.040. 8.52.050. and 8.52.060 of the Temecula
Municipal Code.
Section 8. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34
(Definition of Terms) 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 17.34.010 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. "Accessory
dwelling unit" includes an "Efficiency Unit" m defined in Health and Safety Code
Section 17958.1 and a "Manufactured Home" as defined in Health and Safety Code
Section 18007.
"Alcoholic beverage manufacturing" means an establishment that produces or
manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage
Control of the State of California. These types of establishments may: (1) sell alcohol that
is produced or manufactured on the alcoholic beverage manufacturer's licensed premises
for on -sale or off -sale consumption; (2) include accessory uses such as tours, specialty
dinners, food pairings, retail sales, and/or on -site consumption; and (3) include tasting
rooms. Typical uses include breweries, distilleries and wineries.
Accessory uses may include one (1) "mobile food facility," sometimes referred to
.... .. ,-P....A .-1, „ .... A-C......A U., D:..e-..:do r..,...,., n.d:.,......a con — —, 6u
regulations applicable to mobile food facilities and maintain all current licenses,
insurance permits and/or approvals required from such regulations and presented
to law enforcement or city staff upon request.
1 "Guest house" shall have the same definition as "Accessory Dwelling Unit" or "ADU."
"Recreation Uses. Active" means the typical recreational activities that are offered in a
setting These uses require considerable physical infrastructure and are dependent upon
significant utilities to operate.
"Recreation Uses Passive" means low intensitv outdoor activities such as walking, hiking,
bicycling picnicking nature education and bird watching These uses do not require
substantial infrastructure and require little to no utilities to operate.
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific
Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows (with deletions appearing in strlkethrough text and additions appearing
in underlined text):
The following specific plans have been approved by the city and are designated on the official
zoning map of the city:
SP-1 Roripaugh Estates (previous reference: SP No. 164)
C SP-2 Rancho Highlands (previous reference: SP No. 180)
SP-3 Margarita Village (previous reference: SP No. 199)
SP-4 Paloma del Sol
'
SP-5 Old Town
SP-6 Campos Verdes
SP-7 Temecula Regional Center
SP-8 Village West
SP-9 Redhawk
SP-10 Vail Ranch
SP-11 Roripaugh Ranch
SP-12 Wolf Creek
SP-13 Harveston
SP-14 Uptown Temecula
SP-15 Altair
(previous reference: SP No. 219)
(previous reference: SP No. 1)
(previous reference: SP No. 263)
(superseded by SP-15)
(previous reference: SP No. 217)
(previous reference: SP No. 223)
Section 10. Table 17.22.13613 (Schedule of Permitted Uses) of Section 17.22.134 (Use
regulations.) of Article V (Temecula Creek Village Planned Development Overlay District-4) of
Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) 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 Table 17.22.136B remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District4-
Description of Use
PDO-
411
PDO-
4V6
R
Radio and broadcasting studios, offices
P
-
Radio/television transmitter
-
-
Recreational vehicle park
-
-
Recreational vehicle sales
-
-
Recreational vehicle, trailer, and boat storage within an enclosed
building
Recreational vehicle, trailer and boat storage -exterior yard
-
-
Recycling collection facilities
-
-
Recycling processing facilities
-
-
Religious institution, without a day care center or educational
institution
C
Religious institution, with an educational institution
C
-
Religious institution, with a day care center
C
-
D
C
C
Residential (one dwelling unit on the same parcel as a commercial
or industrial use for use of the proprietor of the business)
Residential, multiple -family housing
-
-
Restaurant with drive -through window
-
-
Restaurants and other eating establishments
(with or without the sale of beer and wine)
P
P4
Restaurants and other eating establishments
(with the sale of beer, wine and distilled spirits)
0
Restaurant (bona fide public eating establishment) with lounge or
live entertainment (not including dancing) x
_
Cq
Retail support use (15 percent of total development square footage
in BP and LI)
Rooming and boarding houses
-
-
Notes:
1. The CUP will be subject to Section 17.10.020m) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO4, all senior housing residential projects shall use the development and performance standards for the high
density residential nine and the provisions contained in Section 17.06.050(H).
4. The sin of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise
levels do not interfere with off -site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retaii/support commercial planning area is identified as PDO-411.
Village commercial planning area is identified as PD0-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7 Subject to the supplemental dcvc4orment standards comaincd in Chanter 17.10 ofthis code.
8 Sub'ca to Chapter 9 10 Untertal nment I 'ceuse) and( harm, 9.11 (Rreulai on of Pr vain Security Operator,)
Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216
(Use regulations.) of Article XI (Temecula Education Center Planned Development Overlay
District -10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) 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 Table 17.22.216(B) remaining
unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10
C
Description of Use
PDO-10
R
Radio and broadcasting studios, offices
P
Recycling collection facilities
C
Religious facilities
P
Religious institution, with a daycare center
P
Religious institution, with an educational institution
C
Religious institution, without a daycare center or educational institution
C
Residential, multiple -family housing
P
Residential -senior housing
C
Restaurants and other eating establishments
P
Restaurants (bona fide public eating establishment) with lounge or live
entertainment (not including dancing)3 a
C
Notes:
1. The CUP will be subject to Section 17.10.020m), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3 Subject tthe t l development standards contained" Chapter 1710 fthi" d
4 Sub ect to Chanter 9.101 Entertainment License) and Chaotcr 9,11 R�eoulation ofPrivate Securitc Operators)
Section 11. 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 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. Accessory dwelling unit includes
an "Efficiency Unit' as defined in Health and Safety Code Section 17958.1 and a "Manufactured
Home" as defined in Health and Safety Code Section 18007.
Section 12. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text and additions appearing in underlined text) with all other provisions of Table 17.06.030
remaining unchanged:
17.06.030 Use regulations.
C The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential
zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter "P" the use shall be a permitted use. Where indicated with a "-,"
C
C
the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally
permitted subject to the approval of a conditional use permit.
Table 17.06.030
Residential Districts
Description of Use
FIR RR
VL
L-
1
L-
2
LM
M
H
HR-SM'
Residential
Single-family detached
P
P
P
P
P
p
P
P
Duplex (two-family dwellings)
_
_
_
„
P„
p„
_
Single-family attached (greater than two
units
P
P
p
Multifamily
P^
P^
Manufactured homes
P
P
P
P
P
p
p
P
P
Mobilehome ark
C°
C
C
C
C
C
Facilities for the mentally disordered,
disabled, or dependent or neglected children
six or fewer
P
P
P
P
P
P
p
P
p
Facilities for the mentally disordered,
disabled, or dependent or neglected children
seven to twelve
C
C
C
C
C
C
P
P
C
Alcoholism or drug abuse recovery or
treatment facilitysix or fewer
P
p
p
P
P
P
P
P
P
Alcoholism or drug abuse recovery or
treatment facilityseven or more
C
C
C°
C
C
C
P
P
C
Residential care facilities for the elderly (six
or fewer
P
P
P
P
P
P
P
p
P
Residential care facilities for the elderly
seven or more
C
C
C
C
C
C
P
P
C
Residential care facilities six or fewer
P
P
P
P
P
P
P
P
P
Residential care facilities seven or more
C
C
C
C
C
C
C
P
C
Congregate care residential facilities for the
elderly,
P
P
P
P
Boarding, rooming and lodging facilities
C
C
Accessory dwelling units°
P
P
P
P
P
p
p
P
P
Family day care homes —small and large
P
P
P
P
P
P
P
P
P
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
0
C
C
C
p
P
C
Transamnalhousing�
p
p
p
P
p
P
p
p
p
Supportive housing
p
p
p
p
p
p
p
p
p
Efficiency units
P
P
Notes:
C 1. Subject to the provisions of Section 17.06.050(I) of this chapter.
2. A duplex or two-family dwelling may be permitted on comer lots with a planned
development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4. Subiect to the provisions of Chapter 17.23 of this code.
5. The director of planning shall have the discretion to waive submittal of an administrative
development plan, if it is determined that the construction trailer will not have an adverse impact
on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified
in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside
development standards.
10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non -medical or other
purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan
areas, overlay zones and planned development zones and shall be prohibited uses, except m
otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal
Code.
11. Legal nonconforming single-family residences will be permitted to construct accessory
dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and
C 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) with all other provisions of Table 17.06.050A remaining unchanged:
C
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
Garage
20 ft. (Entrance faces
5 ft. min., but no less than
5 ft. min.
street)
15 ft. from centerline of
10 ft. (Entrance from side
alley
not facing front yard)
Storage/utilityStorage/utility enclosure
Not permitted
3 ft.
3 ft.
Swimmingpooll
Not permine13
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 structure
Not permitted
5 ft.
5 ft. if interior side yard
10 ft. if street side yard on
comer lot
Solar collector (ground
Not permitted in front
10 ft. 0 in.
10 ft. 0 in.
mountedyard
L
I
C
Table 17.06.050A
Accessory Structures Setbacks for the HP, RR, VL, L-1,
L-2, LM, M and H Zoning
Districts
Accessory Structure
Front Yard
Rear Yard
Interior Side Yard'
Decks (not to exceed 36
Not permitted
5 ft. min.
5 ft. min.
inches above the and
Roof decks
Must meet district development standards
i.e. setbacks, height, lot coverage, etc.
Patio covers measured at
15 ft. 5 ft. min.
5 ft. min.
vertical supports
Notes:
1. On a comer lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary
structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts
may be located in the front yards as outlined in Section 17.06.050(E).
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use
regulations) of Article III (Margarita Road Planned Development Overlay District-2) of Chapter
17.22 (Planned Development Overlay Zoning District (PDO-)) 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
17.22.116 remaining unchanged:
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use
PDO-2
Residential
Accessory Dwelline Unit (ADUI
P3
Single-family detached
Pt
Duplex (two-family dwellings)
Pt
Single-family attached (greater 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
Family day care homes —small
P
Family day care homeslargeP
Day care centers
C
Bed and breakfast establishments
-
Emergency shelters
P
Transitional housing
P
Notes:
1. Detached residential or zero lot -line units, duplexes and two-family dwellings are
permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Subject to the provisions of Chapter 17.23 of this code
4. The community development director shall have the discretion to waive submittal of an
administrative development plan if it is determined that the construction trailer will not have
an adverse impact on adjacent residences or businesses.
Section 15. Section 17.23.050 (ADU standards.) 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 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the
following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing
primary dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not
exceed fifty percent of the gross floor area for the primary dwelling. An attached ADU
that is proposed with a new primary dwelling shall not exceed one thousand two hundred
square feet in floor area. A detached ADU shall not exceed one thousand two hundred
square feet in floor area. In no case shall an ADU be less than an "efficiency unit" as
defined in Section 17958.1 of Health and Safety Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary
dwelling, but may be rented. The ADU shall not be used for short-term rentals for less
than thirty-one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or
new ADU that is constructed in the same location and with the same dimensions as an
existing structure. For all other ADUs, the required setback from side and rear lot lines
shall be four feet. An ADU shall comply with all required front yard setbacks otherwise
required by the municipal code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the
zoning district in which the property is located, except where the application of the lot
coverage regulations would not permit construction of an eight hundred square foot ADU
that is sixteen feet in height with four -foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical
resource listed on the California Register of Historic Resources, shall be designed and
constructed in accordance with the "Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating,
Restoring, and Reconstructing Historic Buildings" found at 36 CFR 68.3, as amended
from time to time. An ADU shall also comply with all local historic register
requirements, as well as all objective local requirements, ordinances, or specific plans
that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the
primary dwelling, and shall comply with any objective design standards adopted by the
city that are applicable to the zoning district or specific plan area where the ADU is
located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the
primary dwelling.
3. An ADU shall have a separate exterior access.
4. All utility equipment to include window mounted cooling/heating equipment must not be
visible from the public right-of-way.
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form
approved by the city attorney, placing the following restrictions on the property, the property
owner, and all successors in interest: (1) the ADU is to be rented only for terms of thirty days
or longer; and (2) the ADU is not to be sold or conveyed separately from the primary
dwelling except in conformity with Government Code Section 65852.26. Proof of
recordation of the covenant shall be provided to the city before the city finals the building
permit.
C E. Parking Requirements.
1. In addition to the off-street parking space(s) required for the primary dwelling, one off-
street parking space shall be provided for each ADU, except when:
C a. The ADU is located within one-half mile walking distance of public transit;
b. The ADU is located within an architecturally and historically significant historic
district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure;
d. The ADU is located in an area where on -street parking permits are required but not
offered to an ADU occupant; or
e. The ADU is located within one block of a city -approved and dedicated parking space
for a car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered
parking structure, replacement of parking space(s) eliminated by the construction of the
ADU shall not be required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection "K" is hereby added to Section 17.04.010 (Conditional
Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to
read as follows, (with additions appearing in underlined text) with all other provisions of Section
17.04.010 remaining unchanged:
K. "All Conditional Use Permits that include the onsite consumption of alcohol shall be
Physically posted on site in a conspicuous manner viewable to customers, patrons or guests
and presented upon request to any Law Enforcement or City Staff authorized to enforce this
Chapter. The posting shall include the approval letter. Conditions of Approval, and approved
site plan.'
Section 17. Subsection G (Car Washes) 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 17.23.050 remaining unchanged:
G. Car Washes. A conditional use permit shall be required for all full -service or self-service car
washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred 2f 00) feet from any residentialll �
zoned district property line. That distance shall be measured in a straight line regardless
of physical encumbrances, and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units:
c. Air compressors and hydraulic. electric, or pneumatic motors;
d. Parking areas: and
e. Drive or queuing isles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours
C to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off of water and
electrical systems, except for security and fire protection, shall be provided during non -
business hours.
Section 18. A new Subsection "T" (Parking Garage Standards) 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 additions appearing in underlined text) with all other provisions of Section
17.10.020 remaining unchanged:
"T. Parking Garages. All oarkinc garages shall be desicned in a manner that incorporates the
following requirements:
1. Elevators
a. Elevators should be oriented to adjacent streets, when possible.
b. Elevators shall have glass backs and be glass enclosed with a minimum of 75%
visibili
c. When it is impossible for glass backed elevator or glass enclosed elevator, an
active video surveillance system shall be required within the elevator and adjacent
to elevator entrances.
2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75%
transparency.
b. Stairwells should be oriented to adjacent streets, when possible.
c. Stairwell walls shall be made of glass and/or have exterior openings where the
stanwell is open and visible to the exterior
d. Stairwell door use should be minimized; but when utilized, one third of the door
must be made of clear durable glass to encourage transparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
1
3.
Security fencing
a. Security fencing shall be installed below stairwells to eliminate unauthorized
access. Fencing shall be compatible with the design of the parking stmcture; no
chain link fencing of any kind is permitted.
4.
Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking
Runes, with a minimum of one call box on each level. Additional call boxes may
be required at the discretion of the Chief of Police or Director of Community
Development.
5.
Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure support beam.
or overhead fixture such as a conduit, oineline, signage, lighting, or anv other
obstmetion mounted on the ceiling shall be eight (8) feet two (2) inches in height.
6.
Interior Treatment. The interior treatment of aparking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify
owking levels and locate stairwells, elevators, phones exits and other interior features.
7.
Mirrors for Sight Distance. Blind comers shall be provided with viewing mirrors
maintained in a position and condition to provide adequate sight distance.
8.
Integral Design Parking structures should be designed as an integral component of the
coordinated site plan and architectural theme. Rooftop solar arrays and green roof
'
technologies are encouraged.
C 9. Signage A well -designed graphics and signage system will effectively communicate
necessary information to patrons reduce confusion improve safety, and enhance the
overall user experience.
a. Vehicular Signs Examples of vehicular signs include "Park' and "Exit"
directional signs Vehicular signs are ten or twelve inches in height with six or
seven inch letters Ten 00)-inch signs are recommended for precast structures
where sign visibility can be a problem Vehicular signs should be centered over
the drive lane or centered over the drive aisle when signs are mounted back-to-
back.
b. Pedestrian Signs Examples of pedestrian signs include "Level #," "Remember
Level # " "Row #:'and "Stair" and "Elevator" identification and directional signs.
Pedestrian signs shall be light in color, easv to read in day and night settings, and
contain a number or memorable icon/character for easy pedestrian wavfinding.
Pedestrian signs shall be clearly distinguishable from vehicle signs so as not to
interfere with vehicular traffic. Pedestrian signs in parking bays shall be located
perpendicular to traffic flow, and placed at the rear of parking stalls Color -coding
shall be used to help patrons find their vehicles. The elevator tour area shall
include super graphics which are graphics that cover a large area and are
eg ncrallxpainted on a vertical surface, such as painted walls or elevator doors,
with level designation incorporated.
c. No offsitc siege is permitted.
10. Bicycle parking/storage Bicycle parking shall be provided in quantities required in
accordance with Temecula Municipal Code Section 17.24.040(F)(2) `Minimum Bicycle
Parking Requirements' All bicycle facilities are required to be located exclusively on the
ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle
conflicts.
12. Parkine structures that propose to charge a fee or propose gates/entry control devices for
parking shall provide a stacking analysis to demonstrate such activities will not impact
the flow of traffic surrounding the parking structure.
13. Parkine structures that exceed one hundred (100) parking spaces, or greater than two
stories to include below prade parking,shall be required to provide a parking analysis or
"counting" system to indicate total number of spaces and total number of unoccupied
spaces on the entrance(s) of the parking structure.
14. Stall width
a. When the side of any parking stall abuts a building, fence, wall, support column
or other obstruction which would interfere in any way with access to a motor
vehicle, the width of the stall shall be increased to at least eleven (1 1) feet.
15. Lighting
'
Parkin ,, Structure Li
htin Standards
Area
Minimum
Horizontal
Minimum
Vertical
Maximum to
Minimum
Illuminance on
Illuminance at 5
Uniformity Ratio
F-
L
Floor
Footcandles
Feet
Footcandles
Parkine and
Pedestrian Areas
2
1
10:1
Staimells
2
1
10:1
Rarnps and Corners
1
0.5
10:1
-Da
Ramps and Corners
1.0
1.0
10:1
-Ni ht
Entrance Areas -
Da
50
25
10:1
Entrance Areas —
1
0.5
10:1
Night
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I
(General) of Chapter 17.28 (Sign 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 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Municipal
C Code Section 17.08.050(H).
2. A single flag of the United States of America and two of the following flags shall be
permitted per parcel or center:
a. The state of California, or another state of the United States.
b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations.
f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet.
Section 20. Subsection H (Flagpoles) of Section 17.08.050 (Special Use Regulations
and Standards) of Chapter 17.08 (Commercial/Office/Industrial Districts) 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 17.08.050 remaining unchanged:
H. Flag Poles. A maximum height of seventy-five (75) feet.
C Section 21. 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)
C of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing
in underlined text) with all other provisions of Table 17.03.010 remaining unchanged:
C
C
Table 17.03.010
Planning and Zoning Approval rity
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
General plan amendment
Recommendation'
X'
Zoning amendment: text changes
Recommendation'
X'
Zoning amendment: map changes
Recommendation'
X'
Zoning amendment: specific plan,
includes specific plan amendments
Recommendation'
X
Conditional use permit (CUP)—
existing building
X1,2
Conditional use permit with a
development plan
X'�•r
X',s
CUP modification all chan es
X'
Development plan
10,000 s . ft. or eater
X'
Development plan
less than 10,000 sq. ft.
X'
Major modifications
X2,4
VA
Minor modifications
Xr
Administrative development plan
X'-
Home occupation plan
X'-
Minor exceptions
Xt
Sin permits
X'
Sign programs, including sign
program modifications
Xt
Temporary use permits
Xt
Variance
X'
Accessory dwelling unit
Xt
Hillside development permit
X'
Notes:
1. Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning
may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the
development plan.
4. Major modifications of projects which were approved by the planning commission or city council
C shall be considered by the original approval body. Increases in building square footage that results in a
building larger than 10,000 square feet shall be considered by the planning commission.
C
5. State law requires the administrative consideration of secondary dwelling units. These
Section 22. Table 17.08.030 (Schedule of Permitted Uses) of Section 17.08.030 (Use
regulations.) of Chapter 17.08 (Commereial/Office/Industrial 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
17.08.030 remaining unchanged:
Table 17.08.030
Schedule of Permitted Uses
COmmercial/O1Tice/Industrial Districts
Description of Use INCICCIHTISCIPOIBPJ
LI
A
Adult businesses —subject to Chapter 5.09 of the
Temecula Municipal Code
-
C
C
C
-
-
-
Aerobics/dance/gymnastics/jazzemise/martial arts
studios (greater than 5,000 s . ft.
P
P
P
C
Section 23. 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 24. 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 25. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
C PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 14' day of March, 2023.
ATT
Randi Johl, City Clerk
[SEAL]
I
Zak Schwank, Mayor
VA
i
I
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. 2023-03 was duly introduced and placed upon its first reading at a meeting of the
City Council of the City of Temecula on the 281" day of February, 2023, and that thereafter, said
Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held
on the 14' day of March, 2023, by the following vote:
AYES:
4
COUNCIL MEMBERS:
NOES:
1
COUNCIL MEMBERS:
ABSTAIN:
0
COUNCIL MEMBERS:
ABSENT:
0
COUNCIL MEMBERS:
Brown, Kalfus, Schwank, Stewart
Alexander
None
None
Randi Johl, City Clerk
23