HomeMy WebLinkAbout05-06 CC Ordinance
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ORDINANCE NO. 05-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTERS 17.04 AND 17.28 OF
THE TEMECULA MUNICIPAL CODE TO ALLOW MINOR
WEEKEND PROMOTIONAL EVENTS, TO CHANGE THE
MINOR TEMPORARY USE PERMIT REQUIREMENTS WITHIN
THE AUTO MALL AREA, AND TO ALLOW LARGER
FREESTANDING TENANT IDENTIFICATION SIGNS FOR
AUTOMOBILE AND TRUCK DEALERSHIPS. (PLANNING
APPLICATION NO. PA05-0047)
WHEREAS, The City has identified a need to allow automobile and truck dealerships in
the auto mall area to conduct more promotional events while maintaining high quality urban
design standards; and
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such City; and
WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance
shall be consistent with the adopted General Plan of the City; and
WHEREAS, the Planning Commission held a duly noticed publiC hearing on April 20,
2005, and recommended that the City Council approve the following amendments to the City
Municipal Code; and
WHEREAS, this Ordinance complies with all the applicable requirements of State law
and local ordinances; and,
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce;
and,
WHEREAS, the City Council has held a duly noticed public hearing on May 24, 2005 to
consider the proposed amendments to the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Section
17.04.020.A of the Temecula Municipal Code to read as follows:
"A. Purpose and Intent. The temporary use permit allows for short-term activities, typically
less than one year in duration, which may be appropriate when regulated. Some
activities associated with a Master Temporary Use Permit for automobile and truck
dealerships may exceed one year in duration."
Section 2. The City Council of the City of Temecula hereby amends Section
17.04.020.8 of the Temecula Municipal Code to read as follows:
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"B.
Permitted Uses. Temporary uses are divided into three general categories, major,
minor and master. Major temporary uses have a potential to create health and safety
problems, can occur on undeveloped property, could create traffic problems, and/or
could potentially disrupt community life. Minor temporary uses occur on developed
private property, generally commercial, for very short time periods. These temporary
uses produce little noise, and have no impacts to adjacent properties or to traffic and
public safety. Master temporary uses are similar, in effect, to minor temporary uses,
however, they commonly occur for longer time periods."
Section 3. The City Council of the City of Temecula hereby amends Section
17.04.020.8.2.a of the Temecula Municipal Code to read as follows:
"a. Outdoor display and sales of merchandise within commercial land use districts are
limited to two events per calendar year not exceeding four consecutive days, including
only merchandise customarily sold on the premises by a permanently established
business. Except that automobile and truck dealerships located within Area 8, as
defined in this Section, are allowed up to 4 events per calendar year and of the
duration determined in Section 17.04.020.E."
Section 4. The City Council of the City of Temecula hereby amends Section
17.04.020.8 of the Temecula Municipal Code by adding a Subsection 4 that reads as follows:
"4.
Master Temporary Use Permits. Minor Weekend Promotional Events at automobile
and truck dealerships are allowed within Area 8, as shown in Exhibit 17.04.020, with
the approval of a master temporary use permit. For purposes of this Subsection, a
dealership site means an automobile sales business on one or more contiguous legal
parcels of land, selling one or more brand names under the management of a single
business name. All Master Temporary Use Permits shall be consistent with the
following provisions:
a. Duration.
Minor Weekend Promotional Events may begin at 12:00 p.m. on Friday and be
completely removed by 10:00 a.m. the following Monday. If the following
Monday is a state holiday, then the event must terminate by 10:00 a.m. on the
day after the following Monday.
b. Canopies.
i. The maximum number of canopies per site is two (2).
ii. The maximum square footage of each canopy may not exceed 399
square feet.
iii. Canopies shall not be located within 20 feet of property lines or in the
right-of-way.
iv. Canopies shall be adequately braced and anchored to prevent weather-
related collapse.
v.
Canopies must be in good condition. Weathered or dilapidated
canopies shall not be used.
Canopies shall be composed of flame-resistant material or shall be
treated with a flame retardant in an approved manner and shall have
vi.
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c.
permanently affixed labels bearing the identification of flame retardant
fabric and/or the date and type of flame retardant applied.
vii. Open flames (cooking equipment, heating sources, etc.) shall not be
located within 20 feet of a canopy.
viii. Portable Fire Extinguishers (Type 2A:10B:C) shall be kept within 75 feet
of each canopy used on site.
ix. No signage or advertising shall be attached to the canopies.
Banners.
i. The maximum number shall be 2 banners per site.
ii. The maximum area for each banner shall not exceed 32 square feet.
iii. The vertical dimension shall not exceed 3 feet and shall not be located
more than 6 feet above the ground, unless the banner is attached to the
building.
iv. Banners shall be mounted to a frame. The frame shall be constructed
of attractive permanent materials and shall be constructed so that no
additional supports or bracing is required.
Jolly Jumps.
The maximum number of Jolly Jumps, or other similar child entertainment
devices, shall be one (1) per site.
Food Services.
Food services are allowed subject to all rules and regulations of the Riverside
County Health Department.
Balloons.
The standards for helium and ambient balloons shall be the same as those
standards defined in Chapter 17.28.
Activities associated with Minor Weekend Promotional Events shall not block,
restrict or impair any of the following:
i. The public's view of another business or activity.
d.
e.
f.
g.
ii. The public's view of the signage for another business or activity.
iii. The view or visibility of the operator of any motor vehicle.
iv. The movement of any pedestrian or motor vehicle.
v. The points of ingress and egress to a site."
Section 5. The City Council of the City of Temecula hereby amends Section
17.04.020.B.4 of the Temecula Municipal Code by adding Exhibit 17.04.020 as follows:
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"EXHIBIT 17.04.020
AREA B
FOR MINOR WEEKEND PROMOTIONAL EVENTS AT
AUTOMOBILE AND TRUCK DEALERSHIPS"
Section 6. The City Council of the City of Temecula hereby amends Section
17.04.020.E.1 of the Temecula Municipal Code to read as follows:
"1. Provision for a fixed period not to exceed ninety days for a temporary use not
occupying a structure, including promotional activities, or one year for all other uses or
structures, or for a shorter period of time as determined by the director, except that
residential model home complexes and automobile and truck dealerships may be
approved for any appropriate period of time."
Section 7. The City Council of the City of Temecula hereby amends Section
17.28.050.G.3 of the Temecula Municipal Code to read as follows:
"3. They shall not be displayed for more than three days for each calendar month and in
no case for more than three consecutive days at a time, except that automobile and
truck dealerships may display balloons pursuant to Section 17.04.020.B.4."
Section 8. The City Council of the City of Temecula hereby amends Section
17.28.230 of the Temecula Municipal Code by adding Subsection C that reads as follows:
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"C.
Requirements for Freestanding Tenant Identification Signs at Automobile and Truck
Dealerships.
Freestanding tenant identification signs are intended to identify automobile and truck
dealerships in commercial districts and shall comply with the following provisions. For
purposes of this Subsection, a dealership site means an automobile sales business on
one or more contiguous legal parcels of land, selling one or more brand names under
the management of a single business name.
1. The maximum number of freestanding tenant identification signs (multi or single
tenant sign) is one per street frontage. A reasonable separation distance
between multiple signs shall be as determined by the director of planning at the
time of approval.
2. The maximum area for freestanding tenant identification signs or building
identification signs shall be 72 square feet (including the area for all makes of
vehicles and the dealership name).
3. The maximum sign structure height for all freestanding tenant identification
signs shall be 8 feet.
4. The maximum sign structure width all freestanding tenant identification signs
shall be 12 feet."
Section 9. Sunset Provision. The Development Code amendments contained in
Sections 1, 2, 3, 4, 5, 6 and 7 of this Ordinance shall expire November 14, 2006, unless the
City Council affirmatively determines to continue or extend these provisions.
Section 10. Environmental Comoliance. The proposed amendment represents a
minor change to the Development Code to establish a master temporary use permit that
allows automobile and truck dealerships to conduct minor weekend promotional events, to
increase the number of allowable minor temporary use permits from 2 to 4 per year, and to
increase the allowable size of freestanding tenant identification signs for automobile and truck
dealerships. When a site-specific application is filed with the City, a determination will be
made at that time, as to the type of environmental review necessary to comply with the
provisions of the California Environmental Quality Act. The City Council has reviewed the
information contained in the Initial Environmental Study and hereby finds that the adoption of
this ordinance could have no potential for an adverse effect on the environment and the
adoption of this ordinance is exempt from review under the California Environmental Quality
Act pursuant to Section 15061 (b)(3) of the CEQA Guidelines.
Section 11. Severabilitv. If any sentence, clause or phrase of this ordinance is for
any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the
validity of the remaining provisions of this ordinance. The City Council hereby declares that
the provisions of this Ordinance are severable and if for any reason a court of competent
jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such
decision shall not affect the validity of the remaining parts of this Ordinance.
Section 12. Notice of Adootion. The City Clerk shall certify to the adoption of this
Ordinance and shall cause the same to be posted as required by law.
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Section 13. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three design!lted posting places.
Section 14. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED AND ADOPTEZ:"
//
of June, 2005.
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~..-~
ATIEST:
"
.,
Jeff Comerchero, Mayor
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-06 was duly introduced and placed upon its first reading at a
meeting of the City Council on the 24th day of May, 2005 and that thereafter, said Ordinance
was duly adopted and passed at a meeting of the City Council on the 14th day of June, 2005,
by the following vote:
AYES:
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COUNCIL MEMBERS: Edwards, Naggar, Roberts, Washington,
Comerchero
NOES:
ABSENT:
ABSTAIN:
o
COUNCIL MEMBERS: None
o
o
COUNCIL MEMBERS: None
COUNCIL MEMBERS:
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