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HomeMy WebLinkAbout06-07 CC Ordinance I I I ORDINANCE NO. 06-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO THE OLD TOWN SPECIFIC PLAN (PA04-0596) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Aooroval. The City Council for the City of Temecula hereby amends the Old Town Specific Plan as described in Exhibit A of this Ordinance. Section 2. Environmental Determination. An Initial Environment Study (IES) was prepared to assess the potential impacts associated with the proposed amendment to the Old Town Specific Plan, including expanding the historic preservation provisions to selected properties outside of Old Town Temecula. The IES identified no potentially significant impacts from the proposed amendment. The IES and the Notice of Intent to Adopt a Negative Declaration were circulated for public review between March 30, 2006 and April 19, 2006. No significant comments were received. Based upon the information contained in the Agenda Report and the testimony received at public hearing, the City Council hereby adopts a Negative Declaration for the proposed amendment to the Old Town Specific Plan. Section 3. The parking and in-lieu parking requirements imposed by Subsection III.F.3.b.vi. of the Amendments to the Old Town Specific Plan, as set forth in Exhibit A of this Ordinance, shall apply to all projects for which a planning application or an application for building permit is received on or after July 14, 2006 and shall not apply to projects for which the Redevelopment Agency of the City of Temecula has approved an Owner Participation Agreement or a Disposition and Development Agreement or for which an application for a planning approval or building permit was received on or before July 13, 2006. Section 4. 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 5. The City Clerk of the City of Temecula 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. R:/Ords 200B/Ords 06-07 I I I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13th day of June, 2006. ATTEST: ~ [SEAL] " / STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Gal--- \ Ron Roberts, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 06-07 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 Temecula at a meeting thereof held on the 13th day of June, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAIN: R:/Ords 2006l0rds 06-07 u Susan W Jones, MMC City Clerk 2 I EXHIBIT A 1. Amend second paragraph in Subsection III.C as follows: "Permitted uses for the Medium Density Residential (MDR), High Density Residential (HDR), and Open Space (OS) Planning Areas shall be the same as identified in the Development Code for the Medium Density Residential, High Density Residential and Opens Space/Conservation zones, respectively, as periodically amended. except that "for profit museums" shall also be conditionally permitted in the Medium Density and High Density Residential Planning Areas." 2. Amend portion of Table 111-1 by adding "Mixed Use Projects" and "Day Spa" to the list of uses and by adding footnote number 6 as follows: D Da Sa I M Mixed Use Projects 6 6. Individual uses within each mixed use project shall be determined by this land Use Matrix. 3. Amend footnote Number 2 in Table 111-1 to read as follows: "2. These uses are limited to either the second floor (or higher) or to a location that does not front upon or open directly onto either Old Town Front Street or Main Street." . 4. Amend Footnote Number 3 in Table 111-2 to read as follows: "3. Buildings shall be setback exactly ten feet if no covered arcade or porch is provided at the front of the building except in cases of exceptional building- design and material quality and when the Director of Planning determines that a lesser distance will achieve the streetscape goals of this Specific Plan." 5. Amend Footnote Number 6 Table 11I-2 to read as follows: "6. Landscaping of the front yard for residential projects in the TSR Planning Area is required. Limited accent landscaping shall be provided whenever possible in all other circumstances, and always between the front of the building and the public right-of-way." I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 1 I 6. Amend Table 11I-2 by replacing the minimum private opens space per unit in the TRCITSR zoning district from 150 to 75 square feet per unit and by adding a footnote number 7 beside the "75 sq. ft." under the Minimum Private Open Space/Unit for the TRCITSR Planning Area to read as follows: "7. In lieu of providing 75 square feet of private opens space per unit for mixed use projects, the amount of private open space may be reduced if combined with common private open space, as long as the total open space required for the project remains the same." 7. Amend the Title for Section III.E.3. by replacing the second "Codes" with "Regulations". 8. Remove Subsection III.F.3.b and renumber the subsequent subsection. 9. Amend Subsection III.F.3.b.iv to read as follows: "iv. Structures with heights greater than three stories shall set back on the street frontage sides for the fourth floor portion of the structure a minimum of 10 feet except in cases of exceptional building-design and material quality or when the Director of Planning detenmines that a distance of less than 10 feet is appropriate. " 10. Amend Subsection III.F.3.b.vi. as follows: I "One parking space per residential unit shall be provided on site and screened from public view. If this parking requirement cannot be met, then the applicant may petition the Director of Planning to accept an "in lieu" parking fee in an amount set by resolution of the City Council. Acceptance of an "in-lieu" parking fee is at the discretion of the Director of Planning. Separate access drives and parking facilities should be provided for residential uses and commercial uses whenever possible." 11. Amend Section III.F.7 to read as follows: "7. Loading Facilities Loading and unloading facilities shall be visually screened from access streets and adjacent properties and constructed in a manner to reasonably contain and restrict emission of noises typically attributed to such function. When screening of loading and unloading facilities is physically not possible, the facilities shall be architecturally integrated into the overall design of the building. Loading and unloading areas in or adjacent to the alleys do not require additional visual screening." 12. Amend a new Section III.F.15 to read as follows: "15. Alleys I Designated alleys within Old Town shall be maintained and protected for future public use. The design and components within each alley shall be consistent with the purpose identified within this Specific Plan. Development projects adjacent to the designated alleys will be required to construct improvements in and adjacent to the alley. These improvements shall include paving, lighting, or other necessary components to ensure the functionality and safety of the designated alleys. Limited landscaping should be C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 2 I provided when feasible provided that the functionality of the alley is not effected. When resident or business parking is established in the rear yard areas adjacent to the alleys, access to these parking spaces may be provided directly from the alleys." 13. Amend Subsection G of Section III to read as follows: "G. SIGN REGULATIONS The intent of these regulations is to establish specific standards for all exterior signage that will ensure continuity, consistency, and hanmony with the architectural quality of the Old Town environment as it may have appeared in the early 1900's. 1. Applicability These regulations shall apply to all signage within the Tourist Retail Core and Tourist Serving Residential areas of the Specific Plan. Signage within the Highway Tourist Commercial District, Community Commercial, Medium Density Residential District, and High Density Residential Land Use Districts shall comply with the sign requirements contained in the Development Code and the Signage Design Guidelines contained in Section IV.J of the Specific Plan. 2. Permit Required I Unless specifically stated in these regulations, a sign penmit is required prior to placing. erecting, moving, reconstructing, altering, or displaying any sign within the Specific Plan. 3. Prohibitions No person shall erect, re-erect. construct. enlarge, alter, move, improve, remove, convert, or equip any sign or sign structure or cause or penmit the same to be done contrary to, or in violation of. the provisions of these sign regulations. All signs not expressly penmitted by this Section are prohibited. No application for sign penmit or other application for a prohibited sign shall be accepted, acted upon, or approved. 4. Prohibited Signs in Old Town I Freestanding signs on lots with less than 150' of road frontage (except for mini monument signs) Roof mounted signs Animated signs, including time and temperature displays Rotating. moving, emitting, or flashing signs Balloon signs Ambient air balloons Internally illuminated signs, including front and back lit awning and window locations Neon tube signs Window signs above the second story Paper, cloth, or plastic streamers or bunting - except holiday decorations Formed plastic or injection molded signs Statues used for advertising C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 3 I I I Traffic sign replicas Vehicle signs Any sign not permitted by this Specific Plan Any sign prohibited by the Development Code and not expressly permitted in this Specific Plan 5. Permitted Signs Mini-monument Signs (for buildings constructed before 1994) Wall Mounted Signs (business identification) Hanging Signs Rear and Interior Facing Signs Supergraphics Freestanding Signs Window Signs Under Canopy Signs Awning Signs Projecting Signs Indirectly Illuminated Signs Temporary A-Frame or Sandwich Board Signs Accessory Signs (examples include building name, directional, menu board, and daily special signs) Painted Building Signs (The appropriate location is at the discretion of the Director of Planning) 6. Sign Standards a. Allowable Sign Area. Unless specifically exempted for this requirement, the total amount of signage for each business shall be limited to the following. i. Business establishments having a single frontage onto a public street, or buildings with one building entrance. are penmitted a maximum of 1.5 square feet of sign per linear foot of business establishment frontage. Each business may use any combination of the following signs to arrive at the total allowable square footage. However, each sign shall not exceed the maximum square footage described in this Section. ii. Business establishments having frontage onto two public streets are permitted a maximum of 1.5 square feet of sign per linear foot of business establishment frontage along the primary street and 0.5 square feet of sign area per linear foot of business establishment frontage along the secondary street. Business establishments that have frontage along the Murrieta Creek shall also be permitted a maximum of 1.5 square feet of sign per linear foot of business establishment frontage along the creek frontage. Each business may use any combination of the following signs to arrive at the total allowable square footage. However, each sign shall not exceed the maximum square footage described in this Sectil:m. b. Building Surface Signs. Except as specified below, all building surface signage shall be counted toward the maximum allowable sign area. C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 4 I I. Wall Mounted Sions. Maximum of one square foot per linear frontage foot of business establishment. To be located no higher than the lowest of the following points: . 25 feet above grade; . Bottom of the sill line of the second floor windows: or . Cornice line ofthe building. Hanoino Sions. As an alternative to the standard wall sign, an under canopy hanging sign may be used. Hanging signs must be parallel to the street and, in addition. hanging signs may not exceed 75% of the width of the business frontage or be more than 12 inches in height. If located over a walkway, the vertical clearance between the bottom of the sign and walking grade shall be a minimum of 7 feet. iii. Rear Facino Sions. If a building has parking or pedestrian access at the rear, each business is penmitted a maximum of one sign, not to exceed 3 square feet. The rear facing sign can either be located adjacent to the entry point. or on the exterior rear facing wall of the business. ii. c. iv. Interior Facino Sions. Where a building has a courtyard or interior plaza that can not be viewed from the public right of way, each business shall be penmitted a maximum of one sign, not to exceed 5 percent of the total interior courtyard wall area of the business. Interior facing signage shall not be counted toward the overall total sign area permitted for the business or building. v. SUDerqraDhics. The purpose of allowing wall supergraphics is to allow the advertising or depiction of products that may have been available in an 1890's marketplace. A supergraphic is a mosaic. mural. painting, graphic art, or combination thereof which is professionally applied to a building that does not contain any brand name, product name, letters of the alphabet spelling or abbreviating the name of any. product. company, profession, or business. or any logo, trademark, trade name, or other commercial message. Maximum size shall not exceed 60% of wall surface. Supergraphics shall not be counted toward the overall total sign area permitted for the business or building. Other Buildino Sions. All window, awning and projecting signs shall be counted toward the maximum allowable sign area. i. Permanent Window Sions. On ground level: coverage shall not exceed 20 percent of the total window and door area visible from the exterior of the building: on second level: coverage shall not exceed 30 percent per window. (No window signs are penmitted above second floor). I I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 5 I I I ii. Awnino Sions. On ground floor level: coverage shall not exceed 20 percent of the total exterior surface area of each awning. On the second floor level and above: coverage shall not exceed 10 percent of the total exterior surface area of each awning. Internal illumination prohibited. iii. Proiectino Sions. One per business allowed; maximum size may not exceed 6 square feet and shall not extend more than 4 feet from the wall surface. No illumination is allowed. Projecting signs shall only be attached to buildings. not to poles or other signs. and shall maintain at least 7 feet of vertical clearance between the bottom of the sign and walking grade. Projecting signs may encroach into the public right-of-way a maximum of 3 feet subject to the approval of the Director of Planning. Each tenant may have a projecting sign. No tenant may have both a projecting and mini- monument sign. C:\WINDOWSlapsdoclnettemp\6004I$ASQpdf804512.doc 6 I I d. I iv. Under CanoDv SiQns. One per business allowed. Permitted under a canopy, roof, covered walkway, or porch; maximum size of 3 square feet; minimum of 7 feet of vertical clearance shall be required from walking grade to the bottom of the sign. 1 , / '..... '" ~ ".: FreestandinQ SiQns. Freestanding signs shall not be counted toward the overall total sign area penmitted for the business or building. Only one freestanding sign is allowed per site. For this purpose, "site" is defined as any single parcel or a group of parcels developed under a unified development plan, whichever covers the larger area. I. Multi-tenant SiQns. A maximum of one double sided sign per street frontage if said street frontage is over 150 feet. Height of sign shall not exceed 6 feet above grade. Width shall not exceed 4 feet. Each tenant placard shall not exceed 12 inches in height. Sign may only be indirectly illuminated; internal illumination is prohibited. No monument signs are allowed if the street frontage is less than 150 feet. Mini-Monument SiQns. A maximum of one double face mini- monument sign is penmitted if the street frontage is less than 150 feet. if the building existed prior to 1994. and if the building is set back more that ten feet from the street. The maximum sign area shall not exceed 6 square feet. Sign may only be indirectly illuminated; internal illumination is prohibited. The height of the sign shall not exceed 4 feet. If a sign is placed on a creative, time appropriate architectural element such as a covered wagon, wagon wheel, railroad cart, etc, the height may be increased consistent with period element at the sole discretion of the Director of Planning. If a building has more than one tenant or ii. C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 7 I I I e. building per lot, there shall still only be one mini-monument sign allowed. TemDorarv Sians. Temporary signs shall not be counted toward the overall total sign area permitted for the business or building. The types of temporary signs are as follows. I. TemDorarv Banners. Temporary grand opening and special event signs are allowed for each business establishment on the exterior wall. Signs shall not be attached to any other freestanding element (porch balustrade. garden wall, tree, monument sign. vehicle. etc.). Signs shall be constructed of cloth, canvas, or other durable material. Plastic or vinyl banner signs are not penmitted. The use of neon colored/day glow banner signs are also prohibited. All temporary signs, except for A-Frame/Sandwich Boards, shall abide by the provisions of the Ordinance Regulating Temporary Signs, as amended. ii. A-Frame/Sandwich Board Sian. One A-frame or sandwich board sign allowed per property on Friday, Saturday, Sunday, and designated Monday holidays. The size shall not exceed 3.5 feet high and 2 feet wide. A-frame signs shall not block the sidewalk and shall not be illuminated. No permit is required for A-frame and sandwich board signs which comply with these provisions. Accessorv Sians. Accessory signs shall not be counted toward the overall total sign area penmitted for the business or building. The types of accessory signs are as follows. i. Buildina Name Sian. The purpose of allowing building name signs is to allow for the identification of buildings. The maximum size shall not exceed 10 percent of the wall surface. In the event that the building name advertises one or more businesses located within the building, the signage will not be considered a building name sign but will be included in the total square footage penmitted for the business or building. ii. Directional Sians. Interior project directional signage may be allowed in interior courtyards or adjacent to stairways or elevators, to guide patrons to rear area and upstairs tenants. The maximum size may not exceed 3 square feet. iii. Menu Boards. One menu board is allowed for each restaurant or other eating establishment. The maximum size may not exceed 4 square feet. Menu Boards may contain only the name of the establishment and the food available inside. The menu board must be located on a wall adjacent to the main customer entrance. f. C:\WINOOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 8 I .ApprtJj:J~'CJ1e r,,~tlli.....to,. men... b<>",~ .~~" I 14. iv. Dailv SDecial SiQns. One display area size near the primary entrance is allowed for each restaurant or other eating establishment. The maximum size is 4 square feet. g. FlaQs. A maximum of three colored flags may be displayed at anyone time. The maximum size is 6 square feet. These flags may not contain writing, insignias, or logos." Amend Section IV.B.1 by adding a new bullet item to the list of discouraged materials to read as follows: ". Plywood" 15. Amend Section IV.B.1 by revising the last bullet item for Guideline 7 to read as follows: ". Rough textured vertical wood siding with appropriately spaced wooden battens." 16. Amend Sections IV.B.1 and 3 by replacing the words "Heritage Colors" with "Preservation Exterior Palette." 17. Amend Section IV by adding a new Subsection L to read as follows: "L. ALLEY GUIDELINES I The alleys in Old Town Temecula were originally created with the original plat and subdivision in the 1880's. Since that time, many of the alleys have been eliminated. As part of the revitalization efforts in Old Town. it has been determined that the remaining alleys should be preserved and integrated into the Specific Plan, unless vacated by the City Council. Under special circumstances. an existing alley may be proposed to be vacated, when extraordinary architecture and site planning result in exceptional pedestrian and vehicular circulation and public access to the proposed project and surrounding uses. The purpose of this Section is to provide guidance on the use of alleys within the Old Town Temecula. C:\WINOOWSlapsdoclnettemp\6004I$ASQpdf804512.doc 9 I The primary purposes of the remaining alleys are either for vehicular access or pedestrian access. The primary goal of the vehicular access alleys is to provide service and rear area parking access to adjacent properties. The majority of these alleys are located between Old Town Front Street and Mercedes Street. The primary purposes of the pedestrian access alleys are to enhance the pedestrian connections between Old Town Front Street and Murrieta Creek. The following alleys between Old Town Front and Mercedes Streets will retain a primarily vehicular function: o Between First and Second Streets o Between Third and Main Streets o Between Fourth and Fifth Streets o Between Fifth and Sixth Streets The following alleys between Old Town Front Street and Murrieta Creek will retain a primary pedestrian function: o Between Fourth and Fifth Streets The locations of these alleys is shown on Exhibit IV-1. Guideline 1 - Functional Desiqn for Vehicular Access A1levs I The alleys designated for primary vehicular access should comply with the following criteria: . The minimum width of the alley travelway shall be at least a twenty (20) feet. . Parking spaces may back into the alleys with at least 12 feet between the centerline of the alley and the back of the parking space. . Pedestrian amenities may be provided along the vehicular access alleys when the use of the alley for vehicular access is not impaired or restricted. . Additional landscaping may be provided but is not required along the alleys, unless adjacent to pedestrian or resident seating areas and when additional screening is determined to be necessary. . Businesses may establish patron entrances from vehicular access alleys if an area of at least six feet in width is provided to accommodate door swing and safe pedestrian movement into and out of the business. Guideline 2 - Functional Desiqn for Pedestrian Access Allevs The alleys designated for primary pedestrian access should comply with the following criteria: . Pedestrian amenities such as fountains, landscaping and seating areas should be provided when limited vehicle use is anticipated. . Businesses may take access from pedestrian alleys. . Portions of pedestrian alleys used for limited vehicular access should conform to the requirements for vehicular access alleys." I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 10 I Old Town Temecula Specific Plan Exhibit IV-1 Alleys I ~t:;;:;.:' R"~~~d f#. t3~:r:':~" ~'.- .".,~-- ~- ..,.t' I C:\WINDOWSlapsdoc\nettemp\6004\$ASQpdf804512.doc 11 I Amend Section V to read as follows: "V. TEMECULA LOCAL HISTORIC PRESERVATION DISTRICT CONTENTS A. B. C. D. E. F. G. H. Purpose Establishment of the District Bui/ding Permits and Prohibitions Old Town Loca/ Review Board (OTLRB) Temecu/a Local Historic Register Finding of Historic Appropriateness Care and Maintenance Additiona/ Violation Provisions for Historic Structures Page V-x Page V-x Page V-x Page V-x Page V-x Page V-x Page V-x Page V-x A. PURPOSE I Protecting the cultural heritage and historical architectural resources found in Old Town and elsewhere in Temecula is part of the overall goal for the revitalization of Old Town and the protection of the community's heritage. The Old Town Specific Plan also gives owners of eligible historic properties relief from the contemporary municipal codes. ordinances. taxes, and laws levied on newer contemporary structures. Historic structures on the Temecula Local Historic Register that are located outside of Old Town Temecula are also eligible to receive relief from contemporary municipal codes. ordinances, taxes. and laws levied on newer contemporary structures. B. ESTABLISHMENT OF THE DISTRICT The boundary of the T emecula Local Historic Preservation District shall be cotenminous with the boundary of the Old Town Specific Plan. In addition, the Temecula Local Historic Preservation District also includes the following historic structures outside of Old Town Specific Plan: 1. Vail Ranch Headquarters complex located at 32095 Highway 79 South 2. Vail Ranch House located at 31658 Via San Carlos 3. WolfTomb located at 45334 Maguey Court 4. Gonzalez Adobe located at 27645 Jefferson Avenue C. BUILDING PERMITS AND PROHIBITIONS 1. Within the boundaries of the Temecula Local Historic Preservation District no person shall demolish. remove, relocate, or cause to be relocated, alter, or cause to be altered. construct, or cause to be constructed or modify any designated historic building or structure. except in strict compliance wnh the plans approved in conjunction with a Finding of Historic Appropriateness. I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 12 I 2. Within the boundaries of the Old Town Historic Preservation District, no person shall relocate, or cause to be relocated, alter, or cause to be altered, construct. or cause to be constructed, any building or structure, except in strict compliance with the plans approved in conjunction with the Finding of Historic Appropriateness. 3. Within the boundaries of the Temecula Local Historic Preservation District, no building permit shall be issued unless a Finding of Historic Appropriateness is first made in compliance with the provisions of this Chapter. 4. Interior building changes to non-historic building and structures that do not affect the buildings exterior are required to obtain a building permit; however are not required to obtain a Finding of Historic Appropriateness. 5. Nothing in this section shall be construed so as to exempt any person from complying with any other provision of law. D. OLD TOWN LOCAL REVIEW BOARD (OTLRB) I I 1. The Temecula Local Historic Preservation District shall have an advisory review board known as the Old Town Local Review Board to provide input into all major projects within the Old Town Specific Plan and to review any proposed modifications to any historic structure. The Director of Planning may also provide the Old Town Local Review Board with information on major projects that are either: adjacent to Old Town that may have the potential to affect the Old Town area or that are adjacent to or have the potential to affect any historic structure or site. 2. The Old Town Local Review Board shall be composed of five members and one alternate (who shall serve in the absence of any member). Board members shall be appointed by the City Council for terms of 3 years. The member tenms shall be staggered so that all the members of the Old Town Local Review Board are not appointed at the same time. All members shall exhibit an interest in and knowledge of the history and architecture of the T emecula Local Historic Preservation District. At least one member shall be knowledgeable in architectural and construction techniques. Members shall serve without pay. 3. The Old Town Local Review Board shall hold regular public meetings and establish such rules as may be appropriate or necessary for the orderly conduct of its business. Three members shall constitute a quorum. At its first meeting of the year, the Board members shall elect a Chairman and Vice Chairman (who will officiate the meetings when the Chainman is absent), who shall serve for tenms of one year. 4. The Old Town Local Review Board shall have the following powers and duties in addition to those otherwise provided in this ordinance: a. Provide for pre-application conferences with individuals interested in constructing or altering property within the T emecula Local Historic Preservation District. The purpose of these conferences C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 13 I I shall be to familiarize the applicant with the historic significance and related architectural themes of the district. For historic structures within Old Town Temecula, utilize the adopted Old Town Specific Plan Design Guidelines in the review of applications as part of process to make determinations of consistency and appropriateness with the Specific Plan. Use the Design Guidelines as a basis for approving or denying applications for a Finding of Historic Appropriateness. For historic structures outside of Old Town Temecula. utilize the best available infonmation for the architectural style of the historic structure to maintain the integrity of existing historic architecture as well as preserve its local historic context. Explore means for the protection, retention. and use of any significant structures, natural features. sites, and areas in the district including but not limited to appropriate legislation and financing by independent funding organizations. or other private, local. state, or federal assistance. Serve as an advisory resource to all agencies of the City in matters pertaining to the Temecula Local Historic District, and to encourage efforts by, and cooperation with individuals. private organizations, and other governmental agencies concerned with preservation of the district's architectural, environmental. and cultural heritage. Render advice and guidance. upon request of the property owner or occupant regarding construction. restoration. alteration. decoration, landscaping, or maintenance of any structure, natural feature. site or area within the district. f. Encourage pUblic understanding and appreciation of the unique architectural, environmental, and cultural heritage of the district through educational and interpretative programs. b. c. d. e. E. TEMECULA LOCAL HISTORIC REGISTER 1. The City Council has identified the following historic buildings and structures in Temecula. These buildings and structures are officially designated on the Local Historic Register for the City of Temecula. All buildings on this list are eligible to receive any and all benefits authorized by the State of Califomia for designated historic structures. The use of the Historic Building Code is specifically authorized for all historic structures. (The dates for the historic structures are approximate based upon the best available infonmation.) 2. The list of Designated Historic Buildings and Structures is proVided below. The locations of the designated historic buildings and structures in Old Town Temecula are shown on Exhibit V-1. Non-Old Town sites are shown on Exhibit V-2. I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 14 I a. Structures in Old Town Temecula A. Saint Catherine's Church, 1920 28314 Mercedes Street B. Welty Building. 1897 28659 Old Town Front Street C. Machado Store, 1910 28656 Old Town Front Street D. Clogstone Restaurant, 1932 28676 Old Town Front Street E. First National Bank, 1914 28645 Old Town Front Street F. Palomar Hotel, 1915 28522 Old Town Front Street G. Alec Escallier House. 1927-28 41852 Main Street H. Burnham Store, 1902 42051 Main Street I. Friedeman Meat Market, 1901 42050 Main Street J. Welty Hotel, 1891 42100 Main Street K. J.D. Welty, 1936 42081 3rd Street L. Arviso House, 1920 41915 4th Street M. Unnamed residence. 1928 42251 6th Street N. Bill Friedeman House. 1922 42291 6th Street O. Nienke House, 1936 28575 Pujol Street P. McConville House, early 1890's 28585 Pujol Street Q. Albert Nienke House, early 1920's 28649 Pujol Street R. G.A. Burnham House, early 1880's 28653 Pujol Street S. AI Otto House. 1882 28717 Pujol Street b. Structures outside of Old Town Temecula I Vail Ranch Headquarters Complex 32095 Highway 79-South (formerly addressed as 32100) Vail Ranch House 31658 Via San Carlos WOlfTomb,1887 45334 Maguey Court Gonzalez Adobe, 1879 27645 Jefferson Avenue I C:\WINDOWSlapsdoc\nettemp\6004\$ASQpdf804512.doc 15 I Old Town Temecula Specific Plan ExhibitV-1 Historic Structures Map I ~ ~ \,';\ :f.., \~.\ . ...-.... ..../ " , , , '. " \ , ... , ',; :'i.fl-,'"t,.th..! "'11'" ."'1;11 ~ ~:i'.~:.~.~~7~~i'; 1,i;::'.: .0, ".~_'~Jl~'~"".'r;l.,-,f"1I-''''I.1'' - =lIl....b.:,tr:.i'lI- "'I.... :: P';I_:''l',lI~I::1. ';,1~ ~. .-.b -:::-,u::, lI.i. ,,: ""':.;:: I 1;t.jf~::~1~'d,,:~' r.lIH::::"'l.C1 ,,~..t'l;... ~: i~~~'~~~lA~[~~,~'~r:~~;t ,-."~l:: "I!;'_ r.;,'" . "!!;'.W'.;...,...".,;-;;lh" ;::.':=;;;,.~I.IT::.....tJ:I.. .~'::it ;;"'~':"'~ ,~~IT::.;.', H" ~ '::;1 ;:'R~" _~I~: T.'......J:,::J ~'..::l ;!!ft.t'=;; -"" T,...~.'-t=.:;lt :"':;.::i ""::!";C;'-:;"'i::_',.'II:';":" .J1!t~t_hi,:;",.' ~~~! ;iJ/~~~::~ ..; o:~.. :..,.~ ...;w.,!t;,'1'::.1 ..;'1!..t':;...; ......;..."1:;.::.. ~"';",l f'h'1.'::.l M;!Pd1..:::;t '~gi;.~t~~ ~'::~'~~ ;~r~npi-::J'1:::i:I ..'.- -.... .....f \ \...-., \. \~:<:~';;;'-:'~<~:8; " \. / / / / '. \. -..---. :..:. , :\ .\ ;,,',;.,;;.--...,'-.- _._<~_,i~'~, . ~ -:~' :~,x, !\~,;:.~-'_. ~\.'" .~, '\ ,;..4, , , ~J) ~ ~)). AC ,u, .....'F...t~":'".~~;"",',.~_....:..JlJ>..,........~""""'.'~ 3. The following historic structures in Old Town Temecula have been moved from their original locations. Saint Catherine's Church building (Historic Building "A") was relocated to Sam Hicks Monument Park in 1992. The Bill Freideman House (Historic Building "0") was relocated on the same site in 2003 as part of housing project sponsored by the City Redevelopment Agency. I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 16 I EXHIBIT V-2 , , ~~~Otoric ~;es.:~~~:~~~~ of Old Town ~-r _ ~.: .....T.:... ~'-/.,..;.:., ~... ..... .--"".-,' ,"'.J. _"'1' '~:'I"'l t;..~ " }. .!fl"..- .I. l' -_, ....1 t- ." ~.l"!.... - - ...,...~ '" '..'!',;:- . {, ~/ /~t;~:-,~.,~~::. '/\ . '. . (-~ ..."I.:I")'....t-.:..-,....~,".;.l" "'/"--~-..., ;. '. '. ",;.'. .. ."~ .".. '\; - ".''7,-:., . ':.;:/f":II.... . H '.' '}:~/"'.-....'~ \'.' ,,=<"':.' f...:.~;>::~:\...:J:<<......c:..1:..jl <, ,v:;~~~p~;~,::~:;., ~:~-;.::,::,:j~~~~~~1:~;i~:t(:~t~1: /,.." ^'....i..v..~ ..~~l, T"'. . ,f_ ..\:.'''....... ,-.,....'_,jll'l'''?.1.. \?~~~~~~~;~~ .~ CloIiI.......).Ij""..... I. '.".. Y .,.... ,};l1t~~,~i.~..~',:.,..:4;;i~:~!5s~~~+~{;~,: ~: .. ~);-,.....~,~~.....-!..^-?~{.......~:!..:.........,' ~'." ,,,. . ;-." .", ,'.' i", . 0 .". . V., ., JNutf JOJll'f_''V)~' .t,..,~>. " ?':i,e;" '- I ;:,.:'K :(, ~ ')Jh~'~};~$~l~~t. ('<'~:i:~ ,,) ,;i'~~.. ~;~ ;; ~ .'i~r:,,:::,'/,~~L~~~1J~..:..;;;2J~~~, .1, e / / >....:J . <.""'.' " . ""l''>'~ . ',_";''l,.~... . ~..' ( ~) : '6;:::;:--,. .. >' J , , I ,'d'''''', :uIx.. "'. "............_..;..:lIo...._....._ ..:::=..;....i:.~~~~~,::~ ........-..-.............-- '__._.' +..~._~......"'l'" --..-.-..."...........- ..,""..."""......'................- ,...-,....................-..... :~~~.":F.:::f.:~,~:.~, 0\_........................___ a, .~...~'s'~ .........~~~. _:.:on r-=.:'.: 4. Additions and removals of structures on the Historic Structures Map shall be at the direction of the Director of Planning upon all requirements for said removal or addition being completed. 5. Since the initial adoption of the Old Town Specific Plan, a number of previously designated historic structures in Old Town Temecula were detenmined to be substantially dilapidated and/or unsafe and it was determined that these historic structures could not be rehabilitated. The following is a list of designated historic structures that were demolished since the Plan's initial adoption 1994. This listing has been provided for historic documentation purposes only. I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 17 I- a. Harry Walters House, 1930's, 28535 Pujol Street Removed in 1996 Unnamed residence, 1920,28735 Pujol Street Removed in 1999 Knott's Garage, 1910.28545 Old Town Front Street Removed in 2000 Angel Ramirez House, 1926,28731 Pujol Street Removed in 2002 Fred Ramirez House. 1920,28725 Pujol Street Removed in 2002 b. c. d. e. F. FINDING OF HISTORIC APPROPRIATENESS I I 1. No existing building or structure may be altered or demolished, and no new building or structure constructed without a Finding of Historic Appropriateness pursuant to the provisions of this Section prior to the alteration or demolition. The Finding shall be incorporated into the review and approval process for the requested change. 2. Finding of Historic Appropriateness within Old Town Temecula may be issued either by the Director of Planning or the Planning Commission or City Council as part of the approval process for any development within the Old Town Specific Plan. The approval authority for Finding of Historical Appropriateness shall be based upon the approval authority established by the Development Code for the accompanying application. No development application for Level Two projects in Old Town. as described below, may be approved without a recommendation from the Old Town Local Review Board. 3. Finding of Historic Appropriateness for structures located outside of the Old Town Specific Plan may be approved by the Director of Planning for Level One projects and by the Planning Commission for Level Two projects. The Old Town Local Review Board shall review and provide comments on all requests to alter any historic structure. 4. For the purposes of implementing the provisions of the Old Town Specific Plan and the requirements of the T emecula Local Historic Preservation District. there are two levels of Old Town development project. The first category is the ministerial or minor projects, referred to as Level One projects. The second category is for non-ministerial and major projects, also called Level Two projects. a. Level One Proiects do not require the review and recommendation of the Old Town Local Review Board. Level One projects may be approved by administrative (staff only) review following the Director of Planning's detenmination to grant a Finding of Historical Appropriateness. Typical examples include the following: Interior alterations to historic structures; Re-Iandscaping around existing structure; Re-roofing of an existing building; Additions and remodels to non-historic single family residences; C:\WINDOWSlapsdoclnettempI6004I$ASQpdf804512.doc 18 I b. Exterior architectural modifications to an existing commercial, office, or residential building effecting less than 25% of the front or street side exterior facade; The demolition to non-historic buildings and structures; New individual signs up to 12 square feet in size; and . Changes in the copy of previously approved signs. The Director of Planning, at his/her sole discretion, may forward Level One projects to the Old Town Local Review Board when unique circumstances, or the sensitivity of adjacent historic structures or land uses indicate the potential for an adverse aesthetic impact. Level Two Proiects have the potential for significant aesthetic impacts. Level Two Projects shall always require review by the Old Town Local Review Board prior to action by the approving authority. Typical examples of Level Two projects include. but are not limited to. the following: . Multi-family residential projects; New commercial and office projects; Exterior architectural modifications to an existing commercial. office, or residential building when 25% or more of the front or street side exterior facade is affected; The alteration to a designated historic structure; . The demolition of, or substantial alteration to. a designated historic structure (requires Planning Commission approval); . New individual signs over 12 square feet: Mini-monument signs located on architectural features that exceed the standard height requirement of four feet: and, . The removal of a specimen oak tree with a 10 inches or greater trunk diameter. I 5. All applications shall be filed in a manner detenmined by the Director of Planning. Requests for a Finding of Historic Appropriateness shall not be accepted unless they are accompanied by the appropriate filing fee and such information and drawings as may be required by the Director of Planning. All applications for Finding of Historic Appropriateness shall be signed by either the owner of the property or a person authorized by the owner. All drawings shall be signed by the architect responsible for the design and must be in sufficient detail to show the proposed design for the site. This includes the architectural design and elevations (including signs), , proposed materials, textures and colors (including material samples), and the site layout (including all improvements affecting appearances, such as walls, walks, terraces, plantings, accessory buildings, signs. lights, and other similar elements). I 6. Following the receipt of a complete application, the Director of Planning shall schedule a meeting of the Old Town Local Review Board within 60 days and provide the Board with a staff report, including a copy of the site plan and elevations. The Board shall review the application material and C:IWINOOWSlapsdoclnettempl6004\$ASQpdf804512.doc 19 I I make a recommendation to approve or deny, with or without conditions, any requests for a Finding of Historic Appropriateness to the approval authority designated by the Development Code. 7. In considering requests for Findings of Historic Appropriateness, the Old Town Local Review Board shall make the following findings: a. That the proposed structure is in conformance with the General Plan for T emecula and with all applicable requirements of state law and other ordinances of the city and is designed for the protection of the public health. safety, and general welfare. b. That the proposed structure is in confonmance with the requirements of the Old Town Specific Plan. including the goals. objectives and policies. and architectural guidelines and standards. c. In the event of the proposed demolition of a designated historic building or structure, the Board shall also be required to find that applicant has submitted substantial evidence that the structure is imminently dangerous or unsafe and that the structure can not be effectively repaired or retrofitted. 8. The expiration date for a Finding of Historic Appropriateness shall be the same as expiration date for the accompanying planning application. as may be extended pursuant to the provisions of the Development Code. If the Development Code does not specify an expiration date, the project for which the Finding of Historic Appropriateness was approved shall commence construction within three years of the date of approval or the Finding of Historic Appropriateness shall become null and void. No extensions of time will be allowed for these projects. G. MAINTENANCE AND CARE I 1. The owner, occupant, or other person in actual charge of an building or structure on Temecula Local Historic Register shall keep in good repair all of the exterior portions of such improvement, building, or structure, all of the interior portions thereof when subject to control as specified in the designation statement, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature. 2. Nothing in the requirements of section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated T emecula Local Historic Register building of structure that does not involve a change in design. material. or external appearance thereof. C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 20 I H. ADDITIONAL VIOLATION PROVISIONS FOR HISTORIC STRUCTURES 1. In addition to the general violation provisions in Section III.H.7 of the Specific Plan. any person who demolishes. alters or removes a building or structure on the T emecula Local Historic Register. that person and the owner shall be required to restore the building, site. or structure to its original condition and setting prior to the violation within ninety days. Any action to enforce this provision may be brought by the city or any other interested party. This civil remedy shall be in addition to, any criminal prosecution and penalty and any other remedy provided by law. 2. If any person demolishes or removes a building or structure on the Temecula Local Historic Register in violation of this section, no building or construction related (including grading) permits or permits to use the property as a parking area or other commercial venture shall be issued for a period of up to seven years, at the City Council's discretion, based on the significance of the resource from the date of demolition. except to replicate the lost resource. The failure to adequately maintain a designated historic building or structure can also be considered to constitute the unauthorized demolition of a building or structure on the Temecula Local Historic Register. I For the purpose of this section. the demolition shall be presumed to have occurred on the date the city has actual knowledge of the demolition. The owner shall have the burden of providing an earlier date. if entitlement to an earlier date is claimed. The owner shall have the affinmative obligations to plant and maintain turf grass, to provide a temporary irrigation system to maintain such landscaping, and prevent t1he accumulation of debris and waste on the property during the interim period." I C:\WINDOWSlapsdoclnettemp\6004\$ASQpdf804512.doc 21