HomeMy WebLinkAbout07_038 PC Resolution
PC RESOLUTION NO. 07 ~38
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF TITLE 17 OF THE
TEMECULA MUNICIPAL CODE TO REVISE SPECIAL
USE REGULATIONS FOR AN INCREASE IN FLOOR
AREA RATIOS, REQUIREMENTS FOR SWIMMING
POOLS, AMEND PARKING STANDARDS FOR MEDICAL
OR DENTAL OFFICES, INCORPORATE REFERENCES
TO WATER QUALITY MANAGEMENT PLAN
REQUIREMENTS, PROVIDE CONSISTENCY WITH THE
AMERICANS WITH DISABILITIES ACT, AND MAKE
OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING ACTIVITY LRP21 07)"
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 12, 2005, the City Council of the City of Temecula adopted a
comprehensive update to the City General Plan and Certified the Final Environmental
Impact Report.
B. On January 25, 1995, the City Council of the City of Temecula first
adopted the City's Development Code.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 19, 2007, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Activity No. LRP2107 subject to
and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Recommendation of Approval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an ordinance amending
portions of Title 17 of the Temecula Municipal Code substantially in the form attached to
this resolution as Exhibit A.
Section 3. Environmental Findinas. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of Planning Activity LRP2107:
R:\Development Code\2007 AmendmentIPCIPC RESOLUTION EXEMPT FROM CEOA final.doc1
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
per Section, 15061{b)(3), 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 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
p,,",;,, Comm;"~' tho ," day of Seplem~~
Dennis Chini , airman
ATTEST:
7)dh14-~~
Debbie Ubnoske, Secretary
[SEAL]
-<
'/ . "/
STAT~ ~F CALlF6RN\A~> )
COUNTY OF-: RIVERf)IDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-38 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
19th day of September 2007, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Harter
ABSTAIN: 0 PLANNING COMMISSIONERS: None
7JdhJ-?" tf~iJ Pc-
Debbie Ubnoske, Secretary
R:\Development Code\2007 AmendmentlPCIPC RESOLUTION EXEMPT FROM CEOA final.doc2
EXHIBIT A
DRAFT CITY COUNCIL ORDINANCE 07-_
R:\Development Code\2007 AmendmentlPCIPC RESOLUTION EXEMPT FROM CECA fina1.doc3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE
SPECIAL USE REGULATIONS FOR AN INCREASE IN
FLOOR AREA RATIOS, REQUIREMENTS FOR
SWIMMING POOLS, AMEND PARKING STANDARDS
FOR MEDICAL OR DENTAL OFFICES, INCORPORATE
REFERENCES TO WATER QUALITY MANAGEMENT
PLAN REQUIREMENTS, PROVIDE CONSISTENCY WITH
THE AMERICANS WITH DISABILITIES ACT, AND MAKE
OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE
DEVELOPMENT CODE (PLANNING ACTIVITY LRP21 07)
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 Tables
17.08.040A and 17.08.040B of the Temecula Municipal Code by replacing footnote
number 2 of each table to read as follows:
"2. All projects proposing an increase in FAR beyond the target FAR are
required to comply with the criteria described in Section 17.08.050A"
Section 2. The City Council of the City of Temecula hereby amends
Subsection 17.08.050.A of the Temecula Municipal Code by replacing it in its entirety
and by adding Table 17.08.050A to read as follows:
"A. Commercial/Office/Industrial Incentives - Increases in the Floor Area
Ratio. As part of the process of reviewing and approving an application for a
development plan or conditional use permit, the approval authority may consider
an increase in the maximum allowable intensity as indicated in Tables
17.08.040A and B. The amount of the increased intensity shall not exceed the
maximum of the density range or floor area ratio stated for the specific land use
designation. The requested increase may not be approved if the City engineer
determines that the increased intensity would create an unmitigatable impact
upon traffic circulation or would overburden any utilities serving the area. To be
eligible for an increase in the floor area ratio, the applicant must meet the
following:
1. A traffic impact analysis shall be prepared for the project as
determined by the City engineer.
2.
follows:
Provide for FAR increase justifications from Table 17.08.050A as
"
i. Projects proposing an FAR increase of 0.01 to 0.10 shall
incorporate two justifications from Category I, one
justification from Category III, and one justification from
. Category IV ofTable 17.08.050A.
ii. Projects proposing an FAR increase of 0.11 to 0.20 shall
incorporate two justifications from Category I, one
justification from Category II, one justification from Category
III, and one justification from Category IV of Table
17.08.050A.
iii. Projects proposing and FAR increase of 0.21 to 0.30 shall
incorporate two justifications from Category I, two
justifications from Category II, two justifications from
Category III, and two justifications from Category IV of Table
17.08.050A.
iv. Projects proposing and FAR increase of 0.31 or more shall
incorporate two justifications from Category I, three
justifications from Category III, and three justifications from
Category IV ofTable 17.08.050A."
Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Community Benefit Conservation Amenities LandscaDe & Art
Uses which generate Utilize LEED Provide Provide trees at
significant sales tax, or (Leadership in Energy bicycle 40% 36" box,
uses that generate and Environmental lockers or 40% 24" box, and
transient occupancy tax Design) eligible recycled lockable 20% 15-gallon
building materials (such indoor sizes with all
as exterior siding, storage, street and parking
roofing materials, and changing lot tree sizes at a
carpet - 20% minimum rooms, and minimum 24-inch
recycle content) showers box size at the
time of plantino
The project generates a Utilize LEED eligible Provide a Increase
significant number of energy efficient location for landscaped open
higher paying jobs (higher materials and design to an on-site space area
paying jobs are include: roofing, daycare (increase must be
considered skilled and insulation, exterior facility or equal to or
professional jobs that siding, shading from provide a greater than 2%
provide incomes of at awnings and deep location for a of the site area for
least one-half the median recessed windows, daycare each 0.05
household income for the automated sensors and orovider increase in FAR)
Table 17.0B.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Communi tv Benefit Conservation Amenities LandscaDe & Art
City ofTemecula) controls for lighting,
heating, and air
conditioning, waterless
urinals, low-flow toilets
and faucets, and
aerators and timers on
faucets
Provide enhanced public Provide for on-site Provide Increase
facilities that are needed renewable energy parking landscaped
by the City beyond (minimum of 10% of the designated setback (at least
required mitigation impact facilities energy needs) as a park two feet additional
measures. Examples and ride for each 0.05
include: the provision of facility increase in FAR)
community meeting
centers, enhanced
transportation
improvements, police or
fire stations, and public
recreation facilities
Utilize "green roof' Provide a Provide an on-site
technology landscaped public art feature
courtyard of equal or
open to a greater value than
public street required by the
(minimum City's Public Art
area equal to Ordinance and in
10% of the compliance with
ground floor the City's Public
area) Art Ordinance
Provide water quality
mitigation in excess of
minimum NPDES
reauirements
Provide all air
conditioning equipment
at an SEER rating that
exceeds the minimum
California Building Code
reauirement
Section 3. The City Council of the City of Temecula hereby amends
Subsection 17.06.050.E by allowing swimming pools and spas within the buildable area
of front yards within the Very Low Residential, Rural Residential, and Hillside
Residential Zoning Districts to read as follows:
A. Amend Table 17.06.050A by adding footnote number 3 as follows:
. Acce$$Q Str'uttl.lr.
Swimming pool
Swimming pool equipment
Spa
Notes:
3. Swimming pools, spas and pool and spa equipment in the VL zoning district
may be located in the front yards as outlined in Section 17.06.050.E
Not permitted 3
Not permitted 3
Not permitted 3
5 ft.
3 ft.
3 ft.
5 ft.
3 ft.
3 ft.
B. Amend Subsection 17.06.050.E as follows:
"E. Swimming Pools. Swimming pools and spas which are capable of holding
water to a depth of eighteen inches or deeper shall be located as follows:
1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and
spas shall be located only in the side or rear yards and shall have a
minimum setback of five feet from any property line or building. Pools and
spas shall be enclosed by walls or fences no less than five feet in height.
Pool and spa equipment may be located in side or rear yards with a
minimum setback of at least three feet from any property line and shall be
screened from the front yard areas.
2. For the VL, RR and HR zoning districts swimming pools and spas
may be located within in the side or rear yards and shall have a minimum
setback of five feet from any property line or building. Pool and spa
equipment located in the side or rear yards shall have a minimum setback
of three feet from any property line and shall be screened from the front
yard areas. For the VL, RR and HR zoning districts, pool sand spas may
also be located within the buildable area of the front yard. Pools and spas
shall be enclosed by a non-climbable barrier per the Department of
Building and Safety requirements. Pool and spa equipment located in the
buildable area of the front yard shall be screened from public view and
from ground view from adjacent dwelling units."
Section 4. The City Council of the City of Temecula hereby amends Table
17.24.040 by increasing the parking standards for medical and dental offices as follows:
Health Care Facilities
Medical and dental offices
1 space/200 SF-GFA
Section 5. The City Council of the City of Temecula hereby amends
Subsection 17.28.280.B.3 by adding the sentence, "Logos shall not exceed 25 percent
of the overall sign area" to the end of the sentence, and hereby amends Subsection
17.28.280.C by inserting between the second and third sentence, "They shall only
include letters, logos and arrows. Logos shall not exceed 25 percent of the overall sign
area" and to re-enumerate the subsection.
Section 6. The City Council of the City of Temecula hereby amends Section
17.28.070.A.4 by revising the requirement for landscaping for single and multi tenant
freestanding identification signs as follows:
"i. Single tenant and building identification signs shall include landscaping
that extends out from the base of the sign in all four directions, a distance
equal to one-half of the overall height of the sign.
ii. Multi-tenant identification signs shall include landscaping that extends out
from the base of the sign in all four directions, a distance equal to one-half
of the overall height of the sign."
Section 7. The City Council of the City of Temecula hereby amends the
following Subsections of the Code to be consistent with Water Quality Management
Plan requirements as follows:
A. Amend Subsection 17.06.060 by adding a paragraph to the beginning of
the Landscape Standards for Residential Zoning Districts to read as follows:
"Landscaping in residential zoning districts shall be consistent with the
Water Efficient Landscape standards established in Chapter 17.32, and
shall be consistent with Water Quality Management Plan requirements."
B. Amend Subsection 17.08.060 by adding a paragraph to the beginning of
the Landscape Standards for Commercial Zoning Districts to read as follows:
"Landscaping in residential zoning districts shall be consistent with the
Water Efficient Landscape standards established in Chapter 17.32, and
shall be consistent with Water Quality Management Plan requirements."
C. Amend Subsection 17.24.020.D.c of the Off-Street parking and Loading,
General Provisions as follows:
"c. All parking areas within public view from the street, public right-of-
way or adjacent properties shall be paved with an appropriate surface
approved by the Department of Public Works. Such area shall be
maintained in a usable condition free of potholes and broken sections
sufficient to prevent mud and/or dust, without accumulation of loose
material or other deterioration."
D. Amend Subsection 17.24.050.G and H of the Off-Street parking and
Loading, Parking Facility Layout and Dimensions as follows:
"G. Drainage. All areas used for the movement, parking, loading of
vehicles shall be graded to convey surface water consistent with the
Water Quality Management Plan requirements (if applicable). Drainage
shall not be permitted across the surface of walkways or driveways."
"H. Landscaping. All landscape areas shall include tree, shrub and
ground cover plantings. Layout of plant material shall be consistent with
the City's adopted Water Efficient Landscape Ordinance and with Water
Quality Management Plan requirements (if applicable)."
Section 8. The City Council of the City of Temecula hereby amends the
following Subsections and Tables of the Code to be consistent with terminology used
with the Americans with Disabilities Act as follows:
A. Amend the Industrial Use parking regulations in Table 17.24.040 for Self-
storage/mini-storage warehouse facilities by replacing the word "handicap" with the
word "disabled."
B. Amend Residential Use regulations in Table 17.22.116 for Facilities for the
mentally disordered, handicapped or dependent or neglected children (six or fewer),
and for Facilities for the mentally disordered, handicapped or dependent or neglected
for children (seven to twelve) by replacing the words "handicapped" with the word
"disabled."
C. Amend the Residential Use regulations in Table 17.06.030 for Facilities for
the mentally disordered, handicapped, or dependent or neglected children (six or
fewer), and for Facilities for the mentally disordered, handicapped, or dependent or
neglected children (seven to twelve) by replacing the words "handicapped" with the
word "disabled."
D. Amend the Parking for Handicapped requirements in Subsection
17.24.040.D.1 through 3 by replacing words "handicapped" in this Section with the
words "disabled."
E. Amend the Parking for Handicapped requirements in Subsection
17.24.040.C.4 to read as follows:
"4. Disabled Parking Stall Size. Each parking space designated for use
by the disabled shall conform to the California Building Code and the
Americans with Disabilities Act."
F. Amend the heading for "Parking Spaces for the Handicapped" in Table
17.24.050 with "Parking Spaces for the Disabled."
G. Amend Subsection 17.24.050.K for Wheel Stops by replacing the word
"handicapped" with the word "disabled."
H. Amend the definitions in Subsection 17.34.010 for "Community care
facility", "Congregate care", and for "Handicapped housing" by replacing the words,
"handicapped" with the words "disabled."
I. Amend the Supplemental Development Standards in Subsection
17.10.020.M by replacing the word "handicapped" with the word "disabled."
Section 9. Amend Table 17.08.030 by adding number "1" to following uses,
Bed and Breakfast, Car wash (full service), Convenience market (with the sale of
alcoholic beverages), Heliports, Kennels, Liquor stores, Motorcycle sales and services,
Nightclubs/taverns/bars/dance/teen club, Restaurants and other eating establishments
(with or without the sale of beer and wine), Restaurants with lounge or live
entertainment, and Truck sales/rentals/service to read as follows:
Bed and breakfast 1 C P C
Car wash, full service 1 C C C C
Convenience market (with sale of alcoholic C C C C C
beverages) 1
Heliports 1 C C
Kennels 1 C C p P
Liquor stores 1 C C C
Motorcycle sales and services 1 p C
Nightclubsltavems/bars/dancelteen club C C C
, ^MJ
'.' & " d' . Table17.08,030 '.'
. '.'rdU:' ":SChedille<>fPermlftedlise$ · .
. .'CammerciallOfficellndustrial Districts
~escrlptionof 6se.: NC CC HT
Restaurants and other eating establishments (with or P P P
without the sale of beer and wine) 1
Restaurants with lounge or live entertainment1
Truck sales/rentals/service 1
Notes:
1.
scPO BP
P P P
L1.
P
C
C
C
C
C
C
Subject to the supplemental development standards contained in Chapter 17.10 of this
code.
Section 10. Amend Table 17.08.030 for automobile sales to read as follows:
Description of Use
LI
Automobile sales with outdoor display/storage of
vehicles
Automobile sales with no display/storage of vehicles
C
C
C
C
P
C
C
Section 11. The City Council of the City of Temecula hereby makes the
following typographical corrections to the following Subsections of Title 17 as follows:
A. Amend the definition for "Density" in Subsection 17.34.010 to be
consistent with the definition used in the General Plan by adding the word "net" between
the words "per" and "acre."
8. Amend Subsection 17.28.6000.3 by replacing the word "leave" with the
word "eaves."
C. Amend footnote number 1 and footnote number 4 in Table 17.22.1368 by
replacing the reference to "Subsection 17.08.050(G)" with "Subsection 17.10.020.8 and
by replacing the reference to "Subsection 17.080.050(R)" with "Subsection
17.10.020.N.".
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
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. was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , by the following vote:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
AYES:
NOES:
ABSENT:
Susan W. Jones, MMC
City Clerk