HomeMy WebLinkAbout05-07 CC Ordinance
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ORDINANCE NO. 05-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING THE OFFICIAL ZONING
MAP OF THE CITY OF TEMECULA AND AMENDING
PORTIONS OF TITLE 17 OF THE TEMECULA
MUNICIPAL CODE TO ACHIEVE CONSISTENCY WITH
THE PROVISIONS AND REQUIREMENTS OF THE
UPDATED CITY GENERAL PLAN (PAOS-OOSS)
WHEREAS, Section 65800 of the Government Code provides for the adoption and
administration of zoning laws, ordinances, rules and regulations by cities to implement such
general plans as may be in effect in any such city;
WHEREAS, the City of Temecula has undergone an extensive process of
comprehensively updating the City General Plan;
WHEREAS, the City Council for the City of Temecula approved a comprehensive update
to the City General Plan on April 12, 2005;
WHEREAS, the City of Temecula desires to ensure that the City Zoning Map and
Municipal Code are consistent with the updated General Plan;
WHEREAS, the Planning Commission held a duly noticed public hearing on May 4,
2005, and recommended that the City Council approve these amendments to the Official Zoning
Map and Municipal Code;
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 Official Zoning Map and 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 Table 17.02.010 to
add the following zones into the Zoning Districts Established table:
Zoning District Description
Rural residential
Tribal trust
District Abbreviation
RR
TT
Code Chapter
17.06
17.13
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Section 2. The City Council of the City of Temecula hereby replaces Table 17.02.020
with the following:
Table 17.02.020
Consistency Between the General Plan and the Zoning Districts
General Plan Land Use Designation Zoning District
Hillside residential Hillside residential (HR)
Rural residential Rural residential (RR)
Very low density residential Very low density residential (VL)
Low density residential Low density residential (L-1)
Low density residential (L-2)
Low medium density residential Low medium density residential (LM)
Medium density residential Medium density residential (M)
High density residential High density residential (H)
Neighborhood commercial Neighborhood commercial (NC)
Community commercial Community commercial (CC)
Highway/tourist commercial Highway/tourist commercial (HT)
Service commercial Service commercial (SC)
Professional office Professional office (PO)
Industrial park Business park (BP)
Light industrial (L1)
Public/institutional Public Institutional (PI)
Tribal trust lands Tribal trust (TT)
Open space (OS)
Open space/recreation Public park and recreation (PR)
Conservation (OS-C)
Specific Plan (SP-X)
These special Zoning Districts may be Planned Development Overlay (PDO-X)
used to represent any combination of Village Center Plan (VC-X)
General Plan Land Use Designations:
Floodplain Overlay District (FP)
Section 3. The City Council of the City of Temecula hereby amends Subsection
17.03.060.B.1 by adding the following sentence to the end of the Subsection:
"Encroachments into the required yard areas that are not normally allowed within the HR
and RR Zones may be allowed up to the maximum encroachment identified in Table
17.06.050.B."
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Section 4. The City Council of the City of Temecula hereby amends Chapter 17.06 by
making the following changes.
A. Section 17.06.020 is hereby amended by adding a new subsection "B",
and the renumbering of the subsequent subsections, to read as follows:
"Rural Residential (RR). The rural residential zoning district is intended to provide for
the development of single-family detached home on large lots with a distinct rural
character. Some of these areas may include severe constraints for development, such
as hillside areas with slopes over twenty-five percent. Typical lot sizes in the RR district
are 5 acres and larger." .
B. Table 17.06.030 is hereby amended as depicted in Exhibit "A".
C. Table 17.06.040 is hereby amended as depicted in Exhibit "B".
D. Amend Subsection 17.06.050.D.2 to include the reference to the "RR"
between "HR" and "VL".
E. Amend Subsection 17.06.050.DA to read as follows:
"Setbacks. Setback requirements and the placement of accessory structures in the required
yards for the VL, L-1, L-2, LM, M, and H Zones are set forth in Table 17.06.050A, Accessory
Structures Setbacks. In the HR and RR Zones. no accessory structures are allowed within the
required yards."
F. Amend the title for Table 17.06.050A to read as follows: "Accessory
Structure Setbacks for the VL, L-1, L-2, LM, M, and H Zoning Districts."
G. Amend Subsection 17.06.050.F to read as follows:
"Maximum Encroachments into Yard Areas. The items indicated in Table 17.06.050B,
Maximum Encroachments into the Required Yard Areas, for the VL, L-1, L-2, LM, M, and H
Zones may encroach into the required yards subject to the conditions placed upon those items
by the table. In the HR and RR Zones, no encroachments are allowed into the required yards."
H. Amend the title for Table 17.06.050B to read as follows: "Maximum
Encroachments into Required Yard Areas for the VL, L-1, L-2, LM, M, and H Zoning Districts"
Section S. The City Council of the City of Temecula hereby adopts Chapter 17.13 to
read as follows:
"CHAPTER 17.13
TRIBAL TRUST DISTRICT
SECTIONS:
17.13.010
17.13.020
Purpose and intent.
Tribal trust lands district.
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17.13.010
PURPOSE AND INTENT.
The tribal trust district is intended to recognize federal tribal trust status of lands within
the City of Temecula.
17.13.020
TRIBAL TRUST LANDS DISTRICT.
The city exercises no development or zoning control over properties designated as tribal
trust lands in the general plan. These properties are under the sole jurisdiction and
control of the Pechanga Band of Luiseno Indians."
Section 6. The City Council of the City of Temecula hereby amends Chapter 17.14 by
adding the following land use listing to Table 17.14.030:
Schedule of Uses
Golf course resort (including accessory visitor supporting
accommodations and commercial uses such as hotels,
fractional ownership units, day spa, restaurants, and
conference center.)
PR
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OS OS.c
Section 7. The City Council of the City of Temecula hereby amends the Official Zoning
Map for the City of Temecula to reflect the changes to the Updated General Plan as contained
in Exhibit "C", except that no changes were made to the property identified with Assessor's
Parcel Number 919-340-004.
Section S. Council Member Roberts and Council Member Washington did not
participate in the public hearing and Council discussion of changes to the Official Zoning Map in
within the Meadowview Community. Both own homes within the Meadowview Community and
both are part owners of open space properties under the control of the Meadowview
Homeowners Association. Based on this conflict of interest, Mayor pro tem Roberts and
Council Member Washington each hereby abstain from the approval of the amendments to the
Official Zoning Map for areas within the Meadowview Community.
Section 9. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
Section 10. Mayor Pro Tem Roberts and Council Member Washington did not
participate in the discussions, considerations or vote concerning zoning and General Plan Land
Use designations in the Meadowview Tract as each owns a home in the Meadowview Tract.
Section 11. Environmental Compliance. The Final Environmental Impact Report for the
Update of the General Plan and related amendments to the Development Code was certified on
April 12, 2005. The City Council hereby makes the following findings: (1) that this Ordinance is
part of the consistency re-zoning process was included in the project assessed by the
environmental impact report for the General Plan Update, and (2) that since the Certification of
the EIR, there have been no changes in circumstances or setting that would require the
preparation of an addendum, subsequent or supplement to an EIR. As a result. the City Council
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hereby finds that this Ordinance is exempt from further environmental review because it is
included as part of a project for which an environmental impact report was prepared.
Section 12. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Council members voting thereon, it shall be published in a newspaper published and circulated
in said City.
PASSED, APPROVED AND ADOPTED this 9th day of
st, 2005.
ATTEST:
.~
,
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. 05-07 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 26th day of July, 2005 and that thereafter, said
Ordinance was duly adopted and passed at a meeting of the City Council on the 9th day of
August, 2005, by the following vote:
AYES:
4
COUNCILMEMBERS: Edwards, Naggar, Washington, Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
1
COUNCILMEMBERS: Roberts
ABSTAIN:
o
COUNCILMEMBERS: None
Susan W. Jon ,CMC
Ity Clerk
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EXHIBIT A
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Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Residential
Single-family detached P P P P P P P -
Duplex (two-family dwellings) - 2 2 2 P P
- - - - -
Single-family attached (greater than two - - - - - p p p
units)
Multiple-family - - - - - - p p
Manufactured homes P P P P P P P P
Mobilehome park - - C C C C C C
Facilities for the mentally disordered, P P P P P P P P
handicapped, or dependent or neglected
children (six or fewer)
Facilities for the mentally disordered, C C C C C C P P
handicapped, or dependent or neglected
children (seven to twelve)
Alcoholism or drug abuse recovery or P P P P P P P P
treatment facility (six or fewer)
Alcoholism or drug abuse recovery or C C C C C C p P
treatment facility (seven or more)
Residential care facilities for the elderly P P P P P P P P
(six or fewer)
Residential care facilities for the elderly C C C C C C p p
(seven or more)
Congregate care residential facilities for - - - - p p p p
the elderly 6
Boarding, rooming and lodging facilities - - - - - - C C
Secondary dwelling units P P P P P P P P
Granny Flat P P P P P P p4 p4
Guest House P P P P P P p4 p4
Family day care homes-small P P P P P P P P
Family day care homes-large 1 C C C C C C C C
Day care centers C C C C C C C C
Bed and breakfast establishments 6 C C C C C C C C
Emergency shelters C C C C C C P P
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Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Transitional housing C C C C C C P P
Non-Residential
Agriculture/open space uses 6 P P P P P P P P
Religious institutions C C C C C C C C
Public utility facilities C C C C C C C C
Educational institutions C C C C C C C C
Public libraries C C C C C C C C
Public museums and art galleries (not for C C C C C C C C
profit)
Kennels and catteries 6 C C C - - - - -
Noncommercial keeping of horses, P P P P P - - -
cattle, sheep and goats 6
Temporary real estate tract offices P P P P P P P P
Recreational Vehicle Storage Yard 3 - 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
Construction Trailers 5.6 P P P P P P P P
Notes:
1. Subject to the provisions of Section 17.04.050 and Section 17.06.050.1, Family Day
Care Home Design Standards.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22.
3. Subject to the provisions of Section 17.24.020(D)(2).
4. Allowed only with a single-family residence.
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.
Legend p= Permitted by right in the district
c= Permitted by conditional use permit
- - Use is orohibited in the district
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EXHIBIT B
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Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR RR VL L-1 L-2 LM M H
LOT AREA
Minimum net lot area 7,200 7,200 4
(square feet) - - - - - -
Minimum net lot area 10 5 2.5 1 Yo
(acres) - - -
Dwelling units per net acre' - - - - - - 12 20
LOT DIMENSIONS
Minimum lot frontage at 50 50 40 40 30 30 30 30
front property line (feet)
Minimum lot frontage for a
flag lot at the front property 40 40 30 30 25 20 20 20
line (feet)
Minimum width at required 100 100 100 70 50 50 40 30
front setback area (feet)
Minimum average width 100 100 80 70 60 50 50 50
(feet)
Minimum lot depth (feet) 150 150 120 100 90 80 100 100
SETBACKS
Minimum front yard (feet) 40 40 25 25 25 20 20 20
Avo' Avo.2 Avo.2 Ave.2
Minimum corner side yard 40 40 15 15 15 15 15 15.
(feet)
Minimum interior side yard 25 25 10 10 10 Vari- Vari- Vari-
(feet) abies abies abies
Minimum rear yard (feet) 25 25 20 20 20 20 20 20
OTHER REQUIREMENTS
Maximum height (feet) 35 35 35 35 35 35 40 50
Maximum percent of lot 10% 15% 20% 25% 25% 35% 35% 30%
coverage
Open space required 90% 75% 70% 60% 40% 25% 25% 30%
Private open space/per unit NA NA NA NA NA NA 200 150
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Table 17.06.040
Development Standards - Residential Districts
Residential Development
Standards HR RR VL L-1 L-2 LM M H
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities
pursuant to the provisions of Section 17.10.020.
2. Variable front yard setbacks: In order to allow for a more interesting visual image
and more flexible site planning variable setbacks may be permitted in the L-2, LM, M
and H districts. Front yard setbacks shall have an average of at least twenty feet.
Garages with entrances not facing the front yard area may be setback a minimum of
ten feet. Other portions of a structure may have a front yard setback of a minimum of
ten feet; however, the average setback of twenty feet shall be maintained.
3. Variable side yard setbacks: In the LM zoning district, the combined side yard
setback for both sides must equal at least fifteen feet with one side having at least ten
feet to provide potential vehicular access to the rear of the property and shall be
located on the same side as the driveway. In the M and H zoning districts, variable
side yard setbacks may be permitted provided the sum of the side yard setbacks is not
less than ten feet and the distance between adjacent structures is not less than ten
feet. This permits a zero lot line arrangement with a zero setback on one side yard
and ten feet on the opposite site yard.
4. Lot sizes below 7,200 square feet can be accommodated with the approval of a
planned development overlay.
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EXHIBIT C
OFFICIAL ZONING MAP
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.
Zoning Map Amendments
City of T emecula
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