HomeMy WebLinkAbout08-08 CC Ordinance ORDINANCE NO. 08-08
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE
TEMPORARY USE PERMIT REQUIREMENTS, TO
ALLOW MORE FLEXIBILITY IN THE NUMBER OF DAYS
PER YEAR FOR OUTDOOR DISPLAY AND SALES,
ALLOW SECOND DWELLING UNITS TO BE LOCATED
WITHIN THE FRONT YARDS OF L-1, VL, RR, HR
RESIDENTIAL ZONING DISTRICTS, ELIMINATE
COVERED PARKING REQUIREMENT FOR
CONGREGATE CARE FACILITIES, ALLOW FUTURE
TENANT IDENTIFICATION SIGNS TO BE PERMITTED
UPON ENTITLEMENT, PROVIDE ADDITIONAL
STANDARDS FOR DETACHED TEMPORARY BANNER
SIGNS, AND MAKE OTHER MINOR CLARIFICATIONS OR
TYPOGRAPHICAL CORRECTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
' Section 1. Procedural Findings. 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 June 18, 2008, 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. 08-30 recommending that the City Council
approve the proposed amendments to Title 17 of the City of Temecula Municipal Code.
D. On July 22, 2008, 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 Findings. The City Council, in approving the proposed
Municipal Code amendments in Long Range Planning Project Number LR08-0032,
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hereby makes the following additional findings as required by Section 17.01.040
' ("Relationship to General Plan") of the Temecula Municipal Code:
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 Findinos. 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 concluded that there is no possibility that the
Code amendments may 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 allows additional flexibility in temporary use permits but
would not significantly effect the environment and does not preclude an independent
analysis of a site specific temporary use proposal. The remaining proposed
amendments do not result in a significant 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
subsection 17.04.020.B.2.a by replacing it in its entirety to read as follows:
"a. Outdoor display and sales of merchandise within commercial land use
districts, including sidewalk sales that exceed the regulations set forth in
subsection 17.10.020(K), shall not exceed 16 days per calendar year per
business or organization and are subject to the following provisions:
i. Merchandise displayed or sold must be customarily sold on the
premises by a permanently established business;
ii. The maximum number of consecutive days for any one event shall
not exceed nine calendar days;
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iii. Events exceeding five consecutive calendar days shall be fully
' enclosed in a tent so as to minimize any aesthetic impacts;
iv. Set-up and take-down of tents, lighting, fencing, merchandise
and/or items for the event shall not be counted towards the allowable
event days per calendar year, except that set-up shall not exceed one and
one-half days and take-down shall not exceed one and one-half days
unless otherwise authorized by the Planning Director;
v. Any event comprising of a partial day shall count as one calendar
day."
Section 5. The City Council of the City of Temecula hereby amends
subsection 17.04.020.B.2.c by deleting the first three words "Sidewalk sale and" and
capitalizing the "v" in "vendor" to read as follows:
"c. Vendor stands (nonmobile);"
Section 6. The City Council of the Ciry of Temecula hereby adds a new
subsection 17.04.020.B.2.g to read as follows:
"g. Automobile and truck dealerships located within Area B, as defined in this
section, are allowed up to four events per calendar year and of the duration
determined in subsection E of this section."
Section 7. The City Council of the City of Temecula hereby amends the title
paragraph of subsection 17.10.020.K by deleting "must be" and replacing."and shall
comply with the following regulations:" with "may be permitted without a Temporary Use
Permit, provided that the display complies with the following regulations:" to read as
follows:
"K. Outdoor display of merchandise accessory to current on-site business.
Any outdoor display done in conjunction with the business being conducted
within the building may be permitted without a temporary use permit, provided
that the display complies with the following regulations:"
Section 8. Intentionally deleted.
Section 9. The City Council of the City of Temecula hereby amends
subsection 17.28.050.D.5 to by deleting the last five words "with an active building
permit" and inserting in its place "immediately following entitlement for a period not to
exceed 120 days (and only thereafter with an active building or grading permit)" to read
as follows:
"5. They shall be permitted for sites immediately following entitlement for a
' period not to exceed 120 days (and only thereafter with an active building or
grading permit)."
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Section 10. The City Council of the City of Temecula hereby amends section
' 17.28.600 to read as follows:
"17.28.600 Temporary business advertising signs in commercial, office and industrial
districts.
A. Findings.
1. That there is a need to improve the competitiveness of service and
commercial businesses and maintain the aesthetic quality of all areas in the City;
and
2. That regulating temporary signage is an effective method to
improve the aesthetic quality of all areas in the City; and
3. That the overuse of temporary signs results in visual clutter, the
deterioration of the City's commercial and service districts, and the inefficient use
of business advertising resources;
B. Purpose. The purpose of this section is to set standards for temporary
business advertising signs in commercial, professional office and industrial districts in
the City. Temporary business advertising signs include promotional signs, grand
' opening signs, interim signs, special event signs, and other signs made up of temporary
materials or used in a temporary fashion.
C. Promotional signs in Commercial, Office and Industrial Districts.
Promotional signs are temporary business advertising signs intended to attract attention
to a use or activity for a limited number of events as identified in this section. The three
types of promotional signs include attached, detached and window signs. Attached
promotional signs, detached promotional signs and promotional window signs that
require a permit may not be used in combination during any quarter.
1. Attached Promotional Signs.
a. For each use or business activity up to one sign may be
allowed. Except for a use or business activity with frontage on two or
more major streets two signs may be allowed.
b. Maximum area shall be 100 square feet.
c. The vertical dimension of the sign shall not exceed five feet
and shall not exceed the top of the eave line or parapet wall.
d. The width (horizontal dimension) shall not exceed 60 percent
of the business or store frontage, whichever is smaller.
e. The maximum duration for attached promotional signs during
' the first through third quarters (January through September) of the year is
one 30-day period per quarter, with a consecutive 60-day down period,
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' during which time promotional signs are not permitted. During the fourth
quarter (October through December) promotional signs are permitted for
two thirty day periods provided that the temporary sign is down for at least
30 days before the temporary signage is used again.
f. All promotional signs shall be located on the site where the
use or activity is located.
2. Detached Promotional Signs.
a. Detached signs shall be located on the site where the use or
business activity is located. No more than one detached promotional sign
may be allowed at the same time per lot. If two or more lots are owned by
the same property owner within the same shopping or business center,
then no more than one detached sign may be allowed at the same time
per property owner per center.
b. One additional sign may be permitted per major street
frontage per lot or center, provided it is a community event sponsored by
the City or by a nonprofit organization as described in Section
17.28.600. F.
c. At no time shall the distance between detached promotional
signs be less than 30 feet.
' d. The Planning Director shall have the authority to increase or
reduce the requirements in subsections (2)(a), (b) or (c) of this section in
case of unusual physical characteristics of the site, such as presence of
driveways, landscaping, utility poles, lot configuration, etc.
e. Sign shall be mounted to a frame between one and four
inches thick that contours the top, bottom and sides of the sign. The
frame shall be constructed of quality durable materials and shall be
constructed so that the sign shall be securely fastened to the frame.
f. If more than one detached promotional sign is located on the
same lot, each sign shall be made to the same dimensions and mounted
to a frame between one and four inches thick (that contours along the top,
bottom and sides of the sign) and the frame shall be constructed of the
same color, material and design to provide consistency between
promotional signs.
g. Maximum sign area shall not exceed 32 square feet.
h. The maximum height to the top of the sign shall not exceed
six feet above the ground.
i. The vertical dimension of the sign area shall not exceed
three feet, and the horizontal dimension of the sign area shall not exceed
15 feet.
' j. Sign shall not block, restrict or impair any of the following:
i. The public's view of another business or activity;
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' ii. The public's view of the signage for another business
or activity;
iii. The view or visibility of the operator of any motor
vehicle;
iv. The movement of any pedestrian or motor vehicle.
k. The maximum duration for detached promotional signs is
fourteen consecutive days within any ninety day period
3. Requirements for Promotional Window Signs.
a. Signs located on non-door window surfaces shall not exceed
seventy-five percent of the non-door window area.
b. They may not be displayed for longer than a ninety day
period.
D. Grand opening signs in Commercial, Office and Industrial Districts. Grand
opening signs are temporary business advertising signs, bearing the words "Grand
Opening," or some similar message to announce the opening of a new business.
1. For each use or business activity up to one sign may be allowed.
Except for a use or business activity with frontage on two or more major streets
two signs may be allowed.
' 2. Maximum area shall not exceed sixty square feet.
3. The vertical dimension shall not exceed three feet. They shall not
exceed the top of the eave line or parapet wall.
4. They shall be attached to the building where the use or activity is
located.
5. The width (horizontal dimension) shall not exceed sixty percent of
the business or store frontage, whichever is smaller.
6. They may be allowed for any period of time during the first one
hundred twenty days of business or multifamily rental complex operation.
E. Interim signs. Interim signs are temporary business advertising signs
intended to provide interim signage while the permanent signage is being fabricated,
repaired or prepared for installation.
1. The maximum number of signs shall be the same number of
permanent signs permitted by this chapter.
2. They shall be the same as the size of permanent signs permitted by
' this chapter.
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3. They may contain only the business name and appropriate logo.
They shall be attached to the building where the use or activity is located.
4. They may be allowed for any period up to 90 days. The Director
may allow one time extension, for any period up to 30 days, with good cause. It is
the responsibility for the proponent of the extension to justify why the extension is
appropriate.
F. Special event signs in Commercial, Office and Industrial Districts. Special
event signs are temporary business advertising signs for special community activities or
seasonal events. By way of example only, such activities or events may include
charitable and community fundraising events, Christmas tree sales, the tractor races, or
the annual Temecula wine and balloon festival. In addition to the on-site signs permitted
by this section, community events sponsored by the City or by a nonprofit organization
may be allowed one off-site sign. Two types of special event signs include attached
and detached special event signs.
1. Attached special event signs in Commercial, Office and Industrial
Districts. Special event signs for events held in a building or structure shall be
attached to the building or structure where the use or activity is located.
a. The maximum area shall not exceed thirty-two square feet.
b. The vertical dimension shall not exceed three feet. They
' shall not exceed the top of the eave line or parapet wall of the building.
c. They shall be located on the site of the special event or
activity being advertised.
d. The width (horizontal dimension) shall not exceed 60 percent
of the business or store frontage, whichever is smaller.
e. Special event signs may be allowed for any period up to 45
days. The Director may allow aone-time extension, for any period up to
an additional 45 days, with good cause. It is the responsibility of the
proponent of the extension to justify why the extension is appropriate.
2. Detached special event signs in Commercial, Office and Industrial
districts.
a. Detached special event signs shall comply with Section
17.28.600. C.2.
b. Special event signs may be allowed for up to fourteen
consecutive days within any ninety day period.
c. Special event signs for special community-wide events, such
as the tractor races and wine and balloon festival, may be allowed
additional supplemental and/or directional temporary signage at the
' discretion of the director. Supplemental directional signage should not
exceed 32 square feet on major roadways and twenty-four square feet on
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' other roadways. The appropriate sizes and locations for all supplemental
and/or directional temporary signs shall be determined by the Director."
Section 15. The City Council of the City of Temecula hereby amends Table
17.06.050A Accessory Structures Setbacks as follows:
A. Add a new footnote 4 by inserting a superscript numeral 4 to the end of
the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column
of the "Detached second unit" row. The language for the new footnote 4 shall be
inserted after footnote 3 within the "Notes" section of Table 17.06.050A and shall read
as follows:
"4. Second dwelling unit in the L-1, VL, RR and HR zoning districts
may be located in the actual front yard and shall be subject to the front yard
setback requirements in Table 17.06.040, the Residential Performance
Standards as outlined in Section 17.06.070, and the Special Use Standards as
outlined in Section 17.06.050(L)."
B. Add a new footnote 5 by inserting a superscript numeral 5 to the end of
the word "yard" in "Not permitted in the actual front yard" within the "Front Yard" column
of the "Detached granny flat or guest house" row. The new footnote 5 shall be inserted
after the newly inserted footnote 4 within the "Notes" section of Table 17.06.050A and
shall read as follows:
' "5. Guest House in the L-1, VL, RR and HR zoning districts may be
located in the actual front yard and shall be compatible with the design of the
primary dwelling and the surrounding neighborhood in terms of height, bulk and
mass, landscaping, and architectural materials, shall be subject to the
Residential Performance Standards as outlined in Section 17.06.070, and subject
to the front yard setback requirements in Table 17.06.040."
C. The language of the title within Table 17.06.050A "Accessory Structures
Setbacks for the VL, L-1, L-2, LM, M and H Zoning Districts" shall be deleted in its
entirety and replaced with the new title as follows:
"Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and
H Zoning Districts"
Section 16. The City Council of the City of Temecula hereby amends
subsection 17.06.050.L.5 by revising the second sentence of subsection 17.06.050.L.5
by replacing the first word of the second sentence "The" with "A covenant shall be
recorded in the Riverside County Clerk's Office against the title declaring that the" to
read as follows:
"5. A secondary dwelling unit shall not be sold, but may be rented. A
' covenant shall be recorded in the Riverside County Clerk's Office against the title
declaring that the property owner must occupy either the primary residence or the
secondary dwelling unit."
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Section 17. The City Council of the City of Temecula hereby amends Table
' 17.24.040 by deleting "/congregate care" within the fragment "Senior citizens housing
complex/congregate care" that is within the "Description of Use" column and adding a
new row with "Congregate care housing" within the "Description of Use" column and
"0.5 uncovered space/unit plus 1 uncovered space per 5 units for guest parking" within
the "Required Number of Spaces" column as follows:
Table 17.24.040
Parking Spaces Required
Description of Use Required Number of Spaces
Residential Uses
Senior citizens housing complex 0.5 covered space/unit plus one uncovered
space per five units for guest parking
Congregate care housing 0.5 uncovered space/unit plus one uncovered
space per five units for guest parking
Section 18. The City Council of the City of Temecula hereby amends Table
17.08.030 as follows:
' A. Revise the first sentence within footnote 4 to delete the words "In addition
to any applicable supplemental development standards listed in Chapter 17.10," and
capitalize the "s" in the word "Senior" as the new first word of the first sentence of
footnote 4.
B. Delete the words "development and performance' and insert in its place
the words "residential performance and development" within the first and second
sentences within footnote 4 of table 17.08.030.
C. Add a new sentence to the end of footnote 4 within Table 17.08.030 as
follows:
"Congregate care facilities shall use the residential performance
standards."
D. Add a superscript comma and numeral "4" immediately after the
superscript numeral "1" within the "Congregate care housing for the elderly" within the
Description of Use column within Table 17.08.030 to indicate that "Congregate care
housing for the elderly" shall be subject to footnote 4 (as well as footnote 1).
E. Add a superscript numeral "1" and comma immediately before the
superscript numeral "4" within the "Senior citizen housing (see also congregate care)"
within the Description of Use column within Table 17.08.030 to indicate that
' "Congregate care housing for the elderly" shall be subject to footnote 1 (as well as
footnote 4).
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' Section 19. The City Council of the City of Temecula hereby amends Table
17.06.040 by revising footnote 1 to insert a comma directly after the words "Affordable
housing" and by adding the words "senior housing" directly after the new comma and
before the word "and" to read as follows:
"1. Affordable housing, senior housing and congregate care facilities may
exceed the stated densities pursuant to the provisions of Section 17.10.020(M) of this
title."
Section 20. The City Council of the City of Temecula hereby amends Table
17.08.030 by adding a new row with "Automobile sales (wholesale or autobroker only)
with no display/storage of vehicles" within the Description of Use column, and the letter
"C" (for conditionally permitted) shall be inserted into columns CC, HT, BP and LI and a
letter "P" (for permitted) shall be inserted into column SC and a dash "" (for not
permitted at all) shall be inserted into columns NC and PO to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Com
~ Description of Use ~ NC ~ CC ~ HT ~ SC ~ PO ~ BP ~ LI ~
Automobile sales (wholesale or autobroker only) - C C P - C C
with no outdoor/storage of vehicles
Section 21. The City Council of the City of Temecula hereby amends
subsection 17.28.350.6 by replacing the word "lineal" with "linear" to read as follows:
"B. Maximum area of signs shall not exceed one-half square feet per linear
feet of frontage; however, the sign area for each sign shall not exceed 50 square
feet."
Section 22. The City Council of the City of Temecula hereby amends
subsection 17.05.020.H by replacing the word "within" with "no later than" to read as
follows:
"H. Time Extension. The Director of Planning may, upon an application being
filed no later than 30 days prior to expiration and for good cause, grant a time
extension of up to 3 one-year extensions of time. Each extension of time shall be
granted in one-year increments only. Upon granting of an extension, Director of
Planning shall ensure that conditions of the administrative approval complies with
all current Development Code provisions."
Section 23. Severability. 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,
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' 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 any one or more other sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases hereof be declared invalid or unenforceable.
Section 24. Notice of Adoption. 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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 121h day of August, 2008.
~ ~- ~ ~
~ + Mich el S. Naggar, Mayor
ATTEST:
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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. 08-08 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 22"d day of July , 2008,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 121h day of August, 2008, by the following vote:
AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Washington,
Naggar
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Roberts
ABSTAIN: 0 COUNCIL MEMBERS: None
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