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HomeMy WebLinkAbout08-11 CC Ordinance ' ORDINANCE NO. 08-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ZONING STANDARDS APPLICABLE TO EDUCATIONAL INSTITUTIONS AND SCHOOLS AND AMENDING THE TEMECULA MUNICIPAL CODE 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 September 17, 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. 08-41 recommending that the City Council approve the proposed amendments to Title 17 of the Temecula Municipal Code. D. On November 18, 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 LR08-0039, 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. RJOrds 20081Ords 08-11 1 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 Findings. 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 because the proposed Development Code Amendments are minor policy changes and clarifications to Title 17 of the City of Temecula Municipal Code. Staff has determined that the land use impact for a school does not change based on whether the school is public or private. Since private schools are permitted in certain Zoning Districts where public schools are not permitted and since public schools are permitted in certain Zoning Districts where private schools are not permitted, an Amendment is proposed to establish "Educational Institution" as the term for purposes of maintaining consistency between public and private schools in all zoning districts. Staff has further determined that all Educational Institutions, including kindergarten through grade twelve schools, and colleges and universities, shall be required to process a Conditional Use Permit which will require a site-specific review and CEQA analysis. The proposed Amendment will strengthen the City's ability to conduct a CEQA review for future Educational ' Institutions since certain Zoning Districts did not previously require a Conditional Use Permit analysis for Educational Institutions whereas the proposed amendment will require that no Educational Institution shall be permitted without analysis of a Conditional Use Permit, which requires a site-specific CEQA review for every application including colleges and universities where the City is the lead agency. These proposed amendments are minor clarifications of the Code and will ensure compliance with CEQA. 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 17.34.010.E by replacing the term "Educational institution" to read as follows: ""Educational institution" means a private or public kindergarten through grade twelve school, or college or university, to give general academic instruction." Section 5. The City Council of the City of Temecula hereby amends subsection 17.34.010.S by adding the term "Trade or vocational school" to be inserted alphabetically to read as follows: "Schools, trade or vocational" means a commercial establishment limited to offering specialized instruction in technical, commercial or trade skills, including but not ' limited to cosmetology school, mechanical school, driving school, real estate or other specialized instruction. This definition does not include a community college or university." RJOrds 2008/Ords 08-11 2 Section 6. The City Council of the City of Temecula hereby amends specific ' sections of Table 17.12.030 by deleting the rows "colleges and universities", "schools, public (elementary, jr. high, high school)" and "Schools, private" in their entirety; deleting the word "(Reserved)" immediately after the subheading "E"; and adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for conditionally permitted) inserted into the Public/Institutional District (PI) column to read as follows: Table 17.12.030 Schedule of Permitted Uses-Public/Institutional Districts Description of Use Public/Institutional District (PI) E Educational institution C Section 7. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: ' Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, without a day care P P P C P C C center or educational institution Section 8. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Officefindustrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, with an educational C C C C C C institution Section 9. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Religious institution, with a daycare" in ' its entirety with a new row to read as follows: RJOrds 2008/Ords 08-11 3 ' Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC CC HT SC PO BP LI Religious institution, with a day care C C C C C C center Section 10. The City Council of the City of Temecula hereby amends specific sections of Table 17.08.030 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 11. The City Council of the City of Temecula hereby amends specific sections of Table 17.08.030 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for conditionally permitted) inserted within the NC, CC, SC, PO and BP columns and a dash (for not permitted) inserted within the HT and LI columns to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts ' Description of Use NC CC HT SC PO BP LI E Educational institution C C - C C C Section 12. The City Council of the City of Temecula hereby amends a specific section of Table 17.08.030 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Officellndustrial Districts Description of Use NC CC HT SC PO BP LI Schools, trade or vocational - P P P P P C Section 13. The City Council of the City of Temecula hereby amends specific sections of Table 17.24.040 by replacing the rows "Elementary and junior high school", "High school" and "Trade school, business school, adult education" in their entirety with new rows to read respectively as follows: R:/Ords 200810rds 08-11 4 ' Table 17.24.040 Parking Spaces Required Description of Required Number of Spaces Use Educational Facilities Elementary and 1.5 spaces/classroom, plus 1 space/5 fixed seats in junior high school auditorium, gymnasium or similar public assembly facility (35 (kindergarten SF = 5 fixed seats) through eighth grade) High school (ninth 8 spaces/classroom through twelfth grade) Trade or vocational 2 spaces/3 people based on maximum number of students school and staff, or 1 s ace/35 SF of instruction GFA Section 14. The City Council of the City of Temecula hereby amends subsection 17.12.050.13.3 to read as follows: "3. The height limits of this section, with the exception of corner visibility areas, shall not apply to fences constructed around recreational facilities within educational institutional properties, public parks and recreation areas, or properties with jail or detention facilities." Section 15. The City Council of the City of Temecula hereby amends subsection 17.10.020.A.1.b.v to read as follows: "v. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures." Section 16. The City Council of the City of Temecula hereby amends subsection 17.10.020.A.1.d to read as follows: "d. Apiary; provided, that all hives or boxes housing bees shall be placed at least four hundred feet from any public streets or highways, day care center, educational institution, park, property line to a different ownership, or from any dwelling or place of human habitation other than that occupied by the owner or caretaker of the apiary. Additionally, a water source shall be provided on-site." Section 17. The City Council of the City of Temecula hereby amends ' subsection 17.10.020.6.3 to read as follows: RJOrds 200810rds 08-11 5 "I Businesses selling alcoholic beverages and requiring a conditional use ' permit shall not be located within five hundred feet of any religious or educational institution, day care center or public park. This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution, day care center or public park are both located within commercial or industrial zones." Section 18. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, without a day care center or educational C institution Section 19. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row 'Religious institution, with a private school' in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, with an educational institution C Section 20. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Religious institution, with a day care center C Section 21. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.106 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. ' Section 22. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.106 by adding a new row beneath the subheading "E" with RJOrds 20081Ords 08-11 6 "Educational institution" inserted into the Description of Use column and a dash (for ' use prohibited in the district) inserted into the PDO-1 column to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 E Educational institution - Section 23. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.106 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District -1 Description of Use PDO-1 Schools, trade or vocational _ Section 24. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row 'Religious institution, without a daycare ' or private school' in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 Religious institution, without a day care center or educational C institution Section 25. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Religious institution, with a private school" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 Religious institution, with an educational institution - RJOrds 2008/Ords 08-11 7 Section 26. The City Council of the City of Temecula hereby amends a specific ' section of Table 17.22.126 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 Religious institution, with a day care center - Section 27. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.126 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 28. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.126 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for permitted by conditional use permit in the district) inserted into the PDO-3 column to read as follows: ' Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 E Educational institution C Section 29. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.126 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.126 Schedule of Permitted Uses Northwest Corner of Nicolas and Winchester Roads Planned Development Overlay District - 3 Description of Use PDO-3 Schools, trade or vocational RJOrds 2008/Ords 08-11 8 Section 30. The City Council of the City of Temecula hereby amends a specific ' section of Table 17.22.1366 by replacing the row "Religious institution, without a daycare or private school" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4R PDO-4V Religious institution, without a day care center or educational C institution Section 31. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1368 by replacing the row 'Religious institution, with a private school' in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4R PDO-4V Religious institution, with an educational institution C - ' Section 32. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1368 by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4 PDO-4V Religious institution, with a day care center C Section 33. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.1366 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 34. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.13613 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and a dash ""(for use prohibited in the district) inserted into the PDO-4 and PDO-4V columns to read as follows: 1 RJOrds 2008/Ords 08-11 9 ' Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4 PDO-4V E Educational institution - Section 35. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.13613 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District - 4 Description of Use PDO-4 PDO-4V Schools, trade or vocational - Section 36. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.18613 by deleting the specific rows "Schools, private", "Schools, public (elementary, jr. high, high school)" and "Colleges and universities" in their ' entirety. Section 37. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.18613 by deleting the word "(Reserved)" immediately after the subheading "E" and adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C"(for permitted by conditional use permit in the district) inserted into the columns entitled Area 1A & B (EI), Area 2 (ER) and Area 3 (PI) to read as follows: Table 17.22.1866 Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area Description of Use Area 1A Area 3 & 1B rrea)2 ER(PI) EI E Educational institution C C C Section 38. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.1866 by replacing the row "Schools, business and professional" ' in its entirety with a new row to read as follows: RJOrds 2008/Ords 08-11 10 Table 17.22.18613 Schedule of Permitted Uses Linfield Christian School Planned Development Overlay District - 7 Description of Use Area Description of Use Area 1A rea 2 Area 3 8r 113 (ER) (PI) (EI Schools, trade or vocational C C C Section 39. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row 'Religious institution, without a daycare or private school' in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 Religious institution, without a day care center or educational C institution ' Section 40. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row 'Religious institution, with a private school' in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 Religious institution, with an educational institution - Section 41. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row `Religious institution, with a daycare' in its entirety with a new row to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 Religious institution, with a day care center RJOrds 20081Ords 08-11 11 Section 42. The City Council of the City of Temecula hereby amends specific ' sections of Table 17.22.196 by deleting the row "Schools, private (kindergarten through grade 12)" in its entirety. Section 43. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.196 by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and a dash (for use is prohibited in the district) inserted into the PDO-8 column to read as follows: Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 E Educational institution - Section 44. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.196 by replacing the row "Schools, business and professional" in its entirety with a new row to read as follows: ' Table 17.22.196 Schedule of Permitted Uses De Portola Road Planned Development Overlay District - 8 Description of Use PDO-8 Schools, trade or vocational P Section 45. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by replacing the row 'Religious institution, without a daycare or private school' in its entirety with a new row to read as follows: Table 17.22.216(6) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District -10 Description of Use PDO-10 Religious institution, without a day care center or educational C institution Section 46. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(6) by replacing the row 'Religious institution, with a private school' in its entirety with a new row to read as follows: 1 R:/Ords 2008/Ords 08-11 12 ' Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District - 10 Description of Use PDO-10 Religious institution, with an educational institution C Section 47. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(B) by replacing the row "Religious institution, with a daycare" in its entirety with a new row to read as follows: Table 17.22.216(B) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District -10 Description of Use PDO-10 Religious institution, with a day care center P Section 48. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.216(8) by deleting the specific rows "Schools, private (kindergarten through grade 12)", "Colleges and universities (private and public)", "Schools, business and professional", and "Trade and vocational schools" in their ' entirety. Section 49. The City Council of the City of Temecula hereby amends specific sections of Table 17.22.216(B) by adding a new row beneath the subheading "E" with "Educational institution" inserted into the Description of Use column and the letter "C" (for permitted by conditional use permit in the district) inserted into the PDO-10 column to read as follows: Table 17.22.216(6) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District - 10 Description of Use PDO-10 E Educational institution C Section 50. The City Council of the City of Temecula hereby amends a specific section of Table 17.22.216(B) by adding a new row beneath the subheading "S" to be inserted alphabetically with "Schools, trade or vocational" inserted into the Description of Use column and the letter "P" (for Permitted by right in the district) inserted into the PDO-10 column to read as follows: 1 RJOrds 2008/Ords 08-11 13 Table 17.22.216(6) Schedule of Permitted Uses Temecula Education Center Planned Development Overlay District -10 Description of Use PDO-10 Schools, trade or vocational P Section 51. 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, 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 52. 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 9th day of December, 2008. Michael S. Naggar, Mayo ATTEST: r§u-s n Jnes, MMC Cie c [SEAL] RJOrds 2008/Ords 08-11 14 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. 08-11 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 18th day of November, 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 gth day of December, 2008, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None L Susan . Jones, MMC City Clerk RJOrds 2008/Ords 08-11 15