HomeMy WebLinkAbout07-15 CC Ordinance
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ORDINANCE NO. 07.15
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 LRP2107)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOllOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. The proposed amendments to Title 17 of the Temecula Municipal Code
were processed and an environmental review was conducted as required by the
California Environmental Quality Act.
B. The Planning Commission of the City of Temecula held a duly noticed
public hearing on September 19, 2007, to consider the proposed amendments at which
time the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to the matter.
C. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed amendments, the Planning
Commission adopted Resolution No. 07-38, recommending that the City Council
approve the proposed amendments to Title 17 of the City of Temecula Municipal Code.
D. On October 23,2007, the City Council of the City of Temecula held a duly
noticed public hearing on the proposed amendments at which time all persons
interested in the proposed amendments had the opportunity and did address the City
Council on these matters, and following receipt of all public testimony closed the
hearing.
Section 2. Further Findinas. The City Council, in approving the proposed
Municipal Code amendments in Planning Activity lRP2107, hereby makes the following
additional findings as required by Section 17.01.040 ("Relationship to General Plan") of
the Temecula Municipal Code:
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A. The proposed amendments to Title 17 of the Temecula Municipal Code
are allowed in the land use designations in which the uses are located, as shown on the
land use map, or are described in the text of the General Plan.
B. The proposed amendments to Title 17 of the Temecula Municipal Code
are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan.
C. The proposed amendments to Title 17 of the Temecula Municipal Code
are consistent with the general plan and all applicable provisions contained therein.
Section 3. Environmental Findinas. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA") pursuant to Title 14 of the California Code of Regulations, Section
15061(b)(3) because it can be seen with certainty that there is no possibility that the
proposed amendments to Title 17 of the Temecula Municipal Code may have a
significant effect on the environment. Staff prepared an Initial Study for the proposed
project, and based on that Initial Study, staff concluded that there is no possibility that
the Code amendments my have a significant effect on the environment. The proposed
Development Code Amendments are minor policy changes, clarifications, and
typographical corrections to Title 17 of the City of Temecula Municipal Code. One of
the proposed amendments establishes performance criteria for projects that propose an
increase in Floor Area Ration (FAR) above the Target FAR and does not change the
target or maximum FAR, nor does it preclude an independent analysis of a site specific
development project. The remaining proposed amendments do not result in an
increase in the intensity or density of any land use above what is currently allowed in
accordance with the Development Code. These proposed amendments are minor
clarifications of the Code or typographical corrections. As such, there is no possibility
that the proposed amendments to Title 17 of the Temecula Municipal Code will have a
significant effect on the environment.
Section 4. 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 5. 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
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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. Provide for FAR increase justifications from Table 17.08.050A as follows:
a. 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 of Table
17.08.050A.
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 ofTable 17.08.050A.
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 ofTable 17.08.050A.
Projects proposing an FAR increase of 0.31 or more shall
incorporate two justifications from Category I, three justifications
from Category II, three justifications from Category III, and three
justifications from Category IV of Table 17.08.050A."
b.
c.
d.
Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
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
box size at the
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Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
recycle content) showers time of planting
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 provider increase in FAR)
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 eaual to Ordinance and in
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Table 17.08.050A
Justifications for an FAR Increase
Category I Category II Category III Category IV
Amenities Landscape & Art
Community Benefit Conservation
10% of the compliance with
ground floor the City's Public
area) Art Ordinance
Provide water quality
mitigation in excess of
minimum NPDES
requirements
Provide all air
conditioning equipment
at a SEER rating that
exceeds the minimum
California Building Code
requirement
Section 6. The City Council of the City of Temecula hereby amends Table
17.06.050A and 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:
Table 17.06.05&A
A.c<<~ssory $tructures Setb~cks for
the VL, b1, L-2, lM, M, and H Zonin . >Sistricts
Accesso Structure
Swimming pool
Swimming pool equipment
Spa
Interior Side Yard1
5 ft.
3 ft.
3 ft.
Front 'lfard
Not permitted 3
Not permitted 3
Not permitted 3
Rear Yard
5 ft.
3 ft.
3 ft.
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. 'f-abte,.~.06:05ltA
. Acc~ssoryS~~~~resSetbac~~,(gt
. the Vt.~L4, L-2, lMi., andH Zonin~e:r$tricts
.,'
Acce.ssorv Structure Front Yard Rear Yard. Interior Side Yard1
Notes:
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR
zoning districts may be located in the front yards as outlined in Section
17.06.050.E
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 within 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 within the 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 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 within 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, pools and 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 7. 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:
Description of Use
Health Care Facilities
Medical and dental offices
r'.'"''
Tablef7.24.040
Parking Spaces Required
Required Number of Spaces
1 space/200 SF-GFA
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Section 8. 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 9. 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 10. 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.1.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 areas 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."
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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
groundcover 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 11. 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 the words "handicapped" in this Section with the
words "disabled."
E. Amend the Parking for Handicapped requirements in Subsection
17.24.040.D.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."
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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 12. 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:
Table>17.08.030
Schedule of Permitted Uses
~orRmerciatfOfflcellndustrialDistricts
Description of Use NC CC HT 5 PO BP LI
C
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
Nightclubs/taverns/bars/dance/teen club - C C C - - -
Restaurants and other eating establishments P P P P P P P
(with or without the sale of beer and wine) 1
Restaurants with lounge or live entertainment1 - C C C - C -
Truck sales/rentals/service 1 - - - C - - C
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
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Section 13. Amend Table 17.08.030 for automobile sales to read as follows:
pescdption of Use
Table 17.08.030
Schedule olgermitted UseS" .
COQlmerciatlOfficellndu~triat DlsiJ!fc$
- "",,' ',.:-,:',./\, "':.-" -
NC €G tiT S PO BP
C
LI
Automobile sales with outdoor display/storage of
vehicles 1
Automobile sales with no display/storage of
vehicles
C
C
C
C
P
C
C
Section 14. 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."
B. Amend Subsection 17.28.600D.3 by replacing the word "leave" with the
word "eave."
Section 15. Severabilitv. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases of this
Ordinance, or its application to any other person or circumstance. The City Council of
the City of Temecula hereby declares that it would have adopted each section,
subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of
the fact that anyone or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 16. Notice of AdoDtion. 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.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 6th day of November, 2007.
ATTEST:
LJ
[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. 07-15 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 October, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 6th day of November, 2007, by the following
vote:
AYES: 4
COUNCIL MEMBERS:
Comerchero, Edwards, Naggar,
Washington
NOES: 0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
ABSENT: 1
Roberts
ABSTAIN: 0
COUNCIL MEMBERS:
None
W. Jones, MMC
City Clerk
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