HomeMy WebLinkAbout06-06 CC Ordinance
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ORDINANCE NO. 06-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE THE
PUBLIC HEARING AND NOTICING REQUIREMENTS,
RESTRICT CERTAIN LAND USES WITHIN THE NICOLAS
VALLEY RURAL PRESERVATION AREA, REVISE
MINIMUM SETBACK REQUIREMENTS IN RESIDENTIAL
ZONING DISTRICTS, REMOVE THE TARGET FLOOR
AREA RATIO FOR HOTEUMOTEL DEVELOPMENT,
UPDATE THE AFFORDABLE HOUSING DENSITY
BONUS REQUIREMENTS, ADD NEW SIGN STANDARDS
FOR EXISTING DEVELOPMENT PROJECTS, AND TO
MAKE OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING APPLICATION PA05-
0041)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula herby amends Subsection
17.03.040.C.1 by revising the number of public hearing signs that are posted on a
property that is the subject of a development proposal to read as follows:
"C. Posting of Property.
1. Standard Notice. The property, which is the subject of the proposed
development, shall be posted with informational signs that are four feet by
four feet in size, and shall include a description of the proposed
development, the date, time, and location of the public hearing, and the
location where further information can be obtained.
For properties less than five acres in size, one sign per improved street
frontage shall be posted on site. For properties greater than five acres in
size, two signs per improved street frontage shall be posted on site. For
properties that are unusually shaped or within a unique location, the
director of planning may determine the location for sign posting or require
additional noticing of the proposed project."
Section 2. The City Council of the City of Temecula herby amends Chapter
17.06 by making the following changes:
A.
Amend portions of Table 17.06.030 by adding footnote number 7 to
"Secondary dwelling units," adding footnote number 8 adjacent next to the
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"C" for the various land uses under the VL Residential District, and by
adding footnotes 7 and 8 to the footnote section at the end of the table to
read as follows:
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-1 L-2 LM M H
Residential
Mobilehome park - - c. c c c c C
Alcoholism or drug abuse recovery or C C c. c c c P P
treatment facility (seven or more)
Secondary dwelling units 7 P P P P P P P P
Emergency shelters C C c. c c c P P
Transitional housing C C c. c c c P P
Non-Residential
Libraries C C c. c c c c C
Museums and art galleries (not for profit) C C c. c c c c C
Recreational Vehicle Storage Yard 3 - C c. c c c c C
Golf courses C C c. c c c c C
Notes:
7. Secondary dwelling units are permitted in accordance with the requirements contained in Section
17.06.050.L.
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.
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B.
Amend portions of Table 17.06.040 by reducing the minimum lot depth for
the M zoning district from 100 feet to 80 feet, deleting the footnote for
variable front yard setbacks, and by revising the footnote section to
encourage architecture forward design and to provide clarification for
variable side yard setbacks to read as follows:
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 (square - - - - - 7,200 7,200 2 -
feet)
LOT DIMENSIONS
Minimum lot depth (feet) 150 150 120 100 90 80 80 100
SETBACKS
Minimum front yard (feet) 20 Ave.
40 40 25 25 15 3 10 3 10 3
4
Minimum interior side yard (feet) 25 25 10 10 10 Variable Variable Variable
5 5 5
Notes:
1. Affordable housing and congregate care facilities may exceed the stated densities pursuant to the provisions
of Section 17.10.020.M.
2. Lot sizes below 7,200 square feet can be accommodated with the approval of a planned development
overlay.
3. Garages with entrances facing the street shall be set back no less than 20 feet.
4. In the H residential zoning district, dwelling units with entrances that have direct access to the street, such
that the predominate features of the home fronting the street are the windows and the front door, may have
a minimum setback of 15 feet.
5. In order to allow for more flexible site planning, variable interior side yard setbacks are permitted in the LM ,
M and H zoning districts, as described below:
LM zoning district: The combined interior side yard setback for both sides must equal at least 15 feet. One
side shall have at least five feet and the other side shall have at least 10 feet and shall be located on the
same side as the driveway to provide for potential vehicular access to the rear of the property.
M and H zoning district: The combined interior side yard setbacks shall not be less than 10 feet and the
distance between adjacent structures shall not be less than 10 feet. This is intended to permit a zero lot line
arrangement with a zero setback on one side yard and 10 feet on the opposite site yard.
Section 3. The City Council of the City of Temecula herby amends portions of
Table 17.08.040 A and B by adding footnote number two to the end of "Target floor area
ratio" under the column heading Development Standards and to the footnote section to
read, "For hotels/motels, the target floor area ratio does not apply; however one of the
three criteria described in Subsection 17.08.050.A shall apply."
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Section 4. The City Council of the City of Temecula herby amends portions of
Subsection 17.1 0.020.M.1.a, and 3.a and b. to read as follows:
"M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior
housing, congregate care facilities, and affordable housing projects are permitted
in the zoning districts identified below subject to the approval of a development
plan. Affordable senior housing projects shall comply with the affordable housing
provisions contained in Subsection M.3.
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 projects are as follows:
i. In the High Density Residential zoning district and the
Community Commercial, Highway Tourism, Service
Commercial and Professional Office zoning districts, the
maximum density shall be thirty (30) units per acre.
ii. In the Medium Density Residential zoning district and the
Neighborhood Commercial zoning district, the maximum
density shall be twenty (20) units per acre.
iii. In the Low Medium Residential zoning district, the maximum
density shall be eight (8) units per acre.
iv. In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area."
"3. Affordable housing and affordable senior housing projects are entitled to
receive various incentives provided the project meets the requirements of
Section 65915 of the California Government Code. Affordable housing
projects are entitled to receive qualifying density incentives from
Subsection 3.a and may also receive qualifying concessions from
Subsection 3.b. The project incentives and concessions are as follows:
a. Density Incentives. Affordable housing projects are entitled to
receive an increase in the allowable density for the following zoning
districts. The maximum densities for affordable housing projects
are as follows:
i.
In the High Density Residential and the Professional Office
zoning districts, the maximum density shall be thirty (30)
units per acre.
In the Medium Density Residential zoning district, the
maximum density shall be eighteen (18) units per acre;
however, for affordable senior housing, the maximum
density shall be twenty (20) units per acre.
ii.
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iii.
In the Low Medium Density Residential zoning district, the
maximum density shall be nine (9) units per acre.
In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area.
iv.
b.
Development Standard Concessions.
development standard concessions
approval authority for the project.
The following number of
may be granted by the
Percentage of Affordable Housing
10 Percent Lower Income
5 Percent Very Low Income
10 Percent Moderate Income
20 Percent Lower Income
10 Percent Very Low Income
20 Percent Moderate Income
30 Percent Lower Income
15 Percent Very Low Income
30 Percent Moderate Income
Number of Concessions
1
2
3
An applicant may select from the following concessions, unless a
finding is made that these concessions would result in specific
adverse health or safety impacts or the physical environment or
real property listed on the California Register of Historical
Resources cannot be mitigated:
i. An increase in the amount of required lot coverage;
ii. A modification to the setback or required yard provisions;
iii. An increase in the maximum allowable building height;
iv. A reduction in the amount of required on-site parking;
v. A reduction in the amount of onsite landscaping, except that
no reduction in on-site recreational amenities may be
approved unless the affordable housing is close and easily
accessible to a public park with recreational amenities;
vi. A reduction in the minimum lot area; or,
vii. Approval of an affordable housing project in the Professional
Office zone with the approval of a conditional use permit."
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Section 5. The City Council of the City of Temecula herby amends Subsection
17.28.080.A to read as follows:
"A. Sign Program Required
In addition to the sign permits required by Section 17.28.030, certain types of
signs and developments require a sign program to ensure that all proposed signs
are in harmony with other on-site signs, buildings and surrounding developments.
For existing developments, the purpose of this provision is to bring existing
centers without sign programs into conformance with the Development Code,
while allowing existing legal signage to remain until new signage is proposed.
1.
For new developments, and for existing developments that propose to
replace a permanent freestanding or wall mounted sign, or propose a
development plan or major modification to the site, and where any of the
following circumstances exist, a sign program in accordance with this
Section shall also be concurrently filed and considered for approval with
the Development Plan:
a. Whenever five (5) or more temporary and/or permanent signs (not
including signs exempt from permits) are proposed or exist for a
single tenant development occupying an entire parcel;
b. Whenever two (2) or more businesses are proposed or exist in a
multi-tenant development;
c. Whenever wall signs are proposed or exist on buildings with three
(3) stories or more, or on buildings with heights greater than 32
feet; or,
d. Whenever the development contains a historic structure.
Section 6. The City Council of the City of Temecula herby amends Title 17 of
the Temecula Municipal Code, to make the following miscellaneous minor clarifications
and typographical corrections to read as follows:
A. Amend Subsection 17.03.090.E to read as follows:
"Notice of Appeal-Time Limit. A notice of an appeal by any individual, who is
aggrieved by or dissatisfied with a decision on an application made by him or in
his behalf, or with any action, order, requirement, decision or determination, shall
not be acted upon unless filed within fifteen days following the date of action
taken by the approving body."
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B. Amend Subsection 17.04.020.B.1.d. to read as follows:
"Christmas tree sale lots, however, a permit shall not be required when such sale
is in conjunction with a business operating from a permanent building on a
developed commercial site, holding a valid business license, provided such
activity shall be only held from November 1 through December 31."
C. Amend Subsection 17.05.010.H by deleting the duplicate part of the first
sentence that reads, "may upon an application being filed within thirty days prior
to the expiration."
D. Amend Subsection 17.05.030.D by adding a second paragraph to read as
follows:
"Construction plans that do not adhere to the exact details of an approved
development plan shall not be administratively approved without filing an
application for a major or minor modification, whichever is applicable. However,
if the director of planning determines that changes to an approved development
plan are insignificant and they are not specifically cited in Subsection
17.05.030.B.2 and 3, then an application for a minor modification may not be
necessary."
E. Amend Subsection 17.06.020.0 to read, "Low Medium Density Residential
(LM). The Low medium density residential zoning district is intended to provide
for the development of single-family homes. Typical density for the low medium
density residential development is from three to six dwelling units per net acre,
with a target density of 4.5 dwelling units per acre."
F. Amend portions of Table 17.06.050A by revising the column headings for
front, rear and interior yards, adding "Guest House" to the Accessory Structure
listing, clarifying the setback requirements for garages and gazebos, and by
removing footnote number 3 from the footnote section of the table to read as
follows:
Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Garage
Front Yard
Interior Side Yard 1
Rear Yard
20 ft. (entrance faces
street)
10ft. (entrance from side
not facing front yard)
5 ft. min. but no less
than 15 ft. from
centerline of alley
5 ft. min.
Gazebo/garden structure Not permitted
5 ft.
5 ft. if interior side yard
10ft. if street side yard on
corner lot
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Table 17.06.050A
Accessory Structures Setbacks for
the VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure
Rear Yard
Interior Side Yard 1
Front Yard
Detached Second Unit
Not permitted in the actual
front yard.
Refer to the rear yard
setbacks in Table
17.06.040
Refer to the rear yard
setbacks in Table
17.06.040
Refer to the side yard
setbacks in Table 17.06.040
Refer to the side yard
setbacks in Table 17.06.040
Detached Granny Flat or
Guest House
Notes:
1.
2.
Not permitted in the actual
front yard.
On a corner lot, accessory structures are not permitted unless otherwise noted above.
Accessory structures with walls must be separated from other accessory and primary structures by at
least six feet.
G. Amend portions of Table 17.08.030 by replacing the reference to Chapter
17.08 with Chapter 17.09 for Adult business, deleting the listings for "Alcohol and
drug treatment (outpatient)" and "Offices, administrative or corporate
headquarters, by adding "administrative corporate headquarters" to the listing for
"Offices", by replacing the listings for "Automobile dealers <new and used) 1" and
"Automobile sales (brokerage)-showroom only <new and used)-no outdoor
display" and by conditionally permitting Automobile Sales
RetaillWholesale/Brokerage (indoor display/storage of vehicles only) in the BP
zoning district, by adding the words "and rental" after "Recreational vehicle
sales", by permitting "Senior Citizen Housing" in the Service Commercial zoning
district, and by adding "Sports and Recreational Facility" to the description of use
and conditionally penmitting it in all commercial zoning districts to read as
follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Officellndustrial Districts
Description of Use NC CC HT SC PO BP LI
Adult business-subject to Chapter 17.09 of the
Temecula Municipal Code
Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage) - - - C - - C
with outdoor display/storage of vehicles 1
Automobile Sales (Retail/Wholesale/Brokerage) - C C P - C C
with only indoor display/storage of vehicles
Offices, administrative, corporate headquarters P P P P P p5.6 p5.6
and professional services including, but not
limited to, business law, medical, dental,
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Table 17.08.030
Schedule of Permitted Uses
Commercial/Officellndustrial Districts
Description of Use NC CC HT SC PO BP LI
veterinarian, chiropractic, architectural,
engineering, real estate and insurance
Recreational vehicle sales and rentals - - C C - - C
Senior Citizen Housing (also see Congre9ate P P P P P - -
Care) 4
Sports and Recreational Facility C C C C C C C
H. Amend portions of Table 17.08.040A by adding a development standard
for "Accessory structure- maximum height" to read a follows:
Table 17.08.040A
Development Standards - Commercial/Office/Industrial Districts
For Develo ments within Planned Sho in Centers or Industrial/Business Parks
Development Standards NC CC HT SC PO BP LI
Accessory structure- 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft. 12 ft.
maximum height
I. Amend portions of Table 17.24.040 by adding "Basketball or volleyball
court" to Recreation Uses to read as follows:
Description of Use
Recreation Uses
Basketball or VOlleyball court
Table 17.24.040
Parking Spaces Required
Required Number of Spaces
8 spaces per court, with other uses calculated
separately
J. Amend Subsection 17.24.040.F.5 by deleting the duplicate part of the
sentence that reads, "(5) Credit."
K. Amend portions of Table 17.24.050 by revising the heading for compact
parking spaces to read, "Existing Compact Size Parking Spaces (new compact
parking spaces are not allowed)."
L. Amend Subsection 17 .28.070.A.1.b by replacing the reference to
Subsection "17.06.050.L" with "17.06.050.K."
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M. Amend Subsection 17.28.230.B.3 by replacing the reference to
Subsection "(5) a. and b." with Subsection "(4) a. and b."
N. Amend Subsection 17.32.060.C by replacing the word "less" with the word
"more".
O. Amend portions of Section 17.34.010 as follows:
1.
follows:
Revise the last sentence of the introductory paragraph to read as
"The word "shall" is mandatory and not discretionary; the word "may" is
permissive and discretionary."
2. Revise the definition for "Acreage, Net" to read as follows:
''''Acreage, Net" net acreage means the gross project or lot area, less that
portion of the site to be used for arterial and collector roads and/or the
f100dway portion of a flood plain."
3. Revise the definition for "Density" to read as follows: ""Density"
means the number of residential dwelling units per acre of land."
4. Replace heading for "Drug abuse recovery or treatment facility" with
"Alcoholism and/or drug treatment facility."
5. Revise the definition for "Health care facility" to read as follows:
""Health care facility" means a facility or institution, public or private
principally engaged in providing a wide range of outpatient medical
services, for health maintenance and the treatment of medical and
physical conditions, and may include laboratory and pharmaceutical uses
as secondary or supporting uses."
6. Delete the second sentence in the definition for "Lot Area, Net."
7. Delete the definition for "Office Professional."
P. Amend Subsection 17.40.080.B.3 by adding the word "of' between the
words "co-location" and "a."
Section 7. 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.
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Section 8. Environmental Compliance. The City Council hereby finds that this
amendment to the Temecula Municipal Code represents a series of minor changes
mostly regulating the implementation of the zoning procedures and requirements. The
proposed amendments do not allow additional development to occur or allow for
changes to the physical environment. As a result, the adoption of this ordinance is
exempt from further environmental review pursuant to Section 15061(b)(3) of the
California Environmental Quality Act, a general rule of CEQA that allows a jurisdiction to
determine that a project is exempt from CEQA, if that jurisdiction can determine with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
Section 9. The City Clerk of the City of T emecula 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 13th day of June, 2006.
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ATTEST:
LJ
nes, MMC
[SEAL]
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 06-06 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 23rd day of May, 2006, and
that thereafter, said Ordinance was duly adopted by the City Council of the City of
T emecula at a meeting thereof held on the 13th day of June, 2006, by the following vote:
AYES: 4
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar,
Washington
NOES: 0
COUNCIL MEMBERS:
None
ABSENT: 1
COUNCIL MEMBERS:
Roberts
ABSTAIN: 0
COUNCIL MEMBERS:
None
. Jones, MMC
City Clerk
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