HomeMy WebLinkAbout10-004 PC Resolution PC RESOLUTION NO. 10 -04
A RESOLUTION OF THE PLANNING COMMISSION OF
O 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 FAMILY
DAYCARE REQUIREMENTS TO BE CONSISTENT WITH
STATE LAW, UPDATE PUBLIC NOTICING
REQUIREMENTS, REQUIRE A CONDITIONAL USE
PERMIT FOR CERTAIN WINE TASTING
ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT
SIGNS, STREAMLINE EXTENSION OF TIME
APPLICATION REQUIREMENTS, REMOVE THE TERM
`GRANNY FLAT', REVISE GUEST HOUSE
REQUIREMENTS AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09- 0001)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 17, 2010, the Planning Commission identified a need to
amend portions of Title 17 of the Temecula Municipal Code to revise family daycare
requirements to be consistent with State law; update public noticing requirements,
require a Conditional Use Permit for certain wine tasting establishments, modify sign
program regulations, clarify governmental exempt signs, streamline extension of time
application requirements, remove the term "granny flat," revise guest house
requirements and make other minor clarifications or typographical (Long Range
Planning Project No. LR09- 0001).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on February 17, 2010, 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 recommended that the City Council approve Long
Range Planning Project No. LR09 -0001 subject to and based upon the findings set forth
hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other Ordinances of the
City.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula.
Section 3. Environmental Compliance. Pursuant to California Environmental
Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Ordinance amending portions of Title 17 of the
Temecula Municipal Code to revise family daycare requirements to be consistent with
State law, update public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time application requirements,
remove the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections Application, as described in the Initial Study
( "the Project'). Based upon the findings contained in that study, City staff determined
that there was no substantial evidence that the Project could have a significant effect on
the environment and a Negative Declaration was prepared.
A. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on July 16, 2009, and expired on August 15, 2009.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall 43200 Business Park Drive,
Temecula, California 92590.
B. No written comment(s) were received during the public comment period.
C. The Planning Commission has reviewed the Negative Declaration and any
written comments received regarding the Negative Declaration prior to and at the
February 17, 2010 public hearing, and based on the whole record before it finds that:
(1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no
substantial evidence that the Project will have a significant effect on the environment;
and (3) Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
D. Based on the findings set forth in the Resolution, the Planning
Commission hereby adopts the Negative Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Long Range Planning Project No.
LR09 -0001, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto,
and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 17 day of February 2010.
Carl rey, Chairman
ATTEST:
Patrick Richardson, Secretary
• ;SPATE OF•r6ALIFORNIA )
COUNTY-OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10 -04 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 17th day of February 2010, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Guerriero
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A
DRAFT CC ORDINANCE
ORDINANCE NO. 10-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY
DAYCARE REQUIREMENTS TO BE CONSISTENT WITH
STATE LAW, UPDATE PUBLIC NOTICING
REQUIREMENTS, REQUIRE A CONDITIONAL USE
PERMIT FOR CERTAIN WINE TASTING
ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT
SIGNS, STREAMLINE EXTENSION OF TIME
APPLICATION REQUIREMENTS, REMOVE THE TERM
`GRANNY FLAT', REVISE GUEST HOUSE
REQUIREMENTS AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09 -0001)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES 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 amendment to Title 17 of the Temecula Municipal Code
was 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 February 3, 2010, to consider the proposed amendment 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 amendment, the Planning
Commission adopted Resolution No. 10- recommending that the City Council
approve the proposed amendments to Title 17 of the Temecula Municipal Code.
D. On , the City Council of the City of Temecula held a duly noticed
public hearing on the proposed amendment 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
Temecula Municipal Code amendments in Long Range Planning Project No. LR09-
0001, 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 Findings. Pursuant to California Environmental
Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Ordinance amending portions of Title 17 Of the
Temecula Municipal Code to revise family daycare requirements to be consistent with
State law, update public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time application requirements,
remove the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections Application, as described in the Initial Study
( "the Project'). Based upon the findings contained in that study, City staff determined
that there was no substantial evidence that the Project could have a significant effect on
the environment and a Negative Declaration was prepared.
A. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on July 16, 2009, and expired on August 15, 2009.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall 43200 Business Park Drive,
Temecula, California 92590.
B. No written comment(s) were received during the public comment period.
C. The Planning Commission has reviewed the Negative Declaration and any
comments received regarding the Negative Declaration prior to and at the February 17,
2010 public hearing, and based on the whole record before it finds that: (1) the
Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3)
Negative Declaration reflects the independent judgment and analysis of the Planning
Commission.
D. Based on the findings set forth in the Resolution, the Planning
Commission recommended on February 17, 2010 that the City Council adopt the
Negative Declaration prepared for this project.
Section 4. The row "Large family day care home facility' of Table 17.03.010
(Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03
(Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to delete footnote 1 in the row under "Large family day care home
facility" and relocate the "X" (for Approval Authority) to the column "Administrative
Approval' to read as follows:
Table 17.03.010
Planning and Zoning Approval Authority
Application Administrative Planning Planning City
Approval Director Commission Council
Large family day care home X
facilit
Section 5. Section 17.04.050 (Large family day care permits) of the Temecula
Municipal Code is hereby deleted in its entirety.
Section 6. The row "Family day care homes — large" of Table 17.06.030
(Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06
(Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows:
Family day care homes — large P P P P P P P P
Section 7. Note I" of Table 17.06.030 (Residential Districts) of Section
17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows:
11 1. Subject to the provisions of Section 17.06.050(1) of this Chapter."
Section 8. Subsection I (Family Day Care Homes) of Section 17.06.050
(Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title
17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
11 1. Family Day Care Homes.
1. Small family day care homes. Small family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all residential zoning districts. Although no specific permit is required,
compliance with the performance standards contained in Section 17.06.050(1)(3)
is required.
2. Large family day care homes. Large family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all single family zoning districts with the approval of a permit for a large family
day care home pursuant to the provisions of Section 17.06.050(1)(4).
Compliance with the performance standards contained in Sections
17.06.050(1)(3) is also required.
3. All family day care homes shall comply with the following requirements:
a. All family day care homes shall be state licensed and shall be
operated according to all applicable state and local health and safety
requirements and regulations; and
b. All family day care homes shall comply with all land use regulations
and site development standards of the zoning district in which they are
located.
4. In addition to the provisions of Section 17.06.050 (1)(3) above, large family
day care homes shall comply with the following requirements:
a. Standards. The Planning Director shall issue a use permit to a
large family day care home if the large family day care home meets the
following standards and requirements as prescribed by State law:
i. There shall be a minimum distance of five hundred feet
(500') between the exterior property line of the site on which the
large family day care home is located and the exterior property line
of the nearest large family day care home. The foregoing minimum
distance requirements shall not apply to small family day care
homes or school day care facilities.
ii. The operation of the large family day care home shall
comply with all applicable noise regulations of this Code or the
General Plan. The use of amplified music which can be heard from
a public right of way or neighboring property is prohibited during the
large family day care home's hours of operation.
iii. In addition to the parking otherwise required for a single -
family home, one off - street parking space shall be provided for
each nonresident employee, nonresident aide and any other
nonresident person engaged in the operation of the day care home.
The parking space may be in the third space of an extra wide
driveway or in the garage. At least two driveway spaces shall be
open for access and loading.
iv. At least one loading space, either in the driveway of the
home, or at the curb immediately in front of the home, must be
available for passenger loading and unloading, provided that the
use of the driveway will not block the public right -of -way and all
traffic laws are obeyed. Where street parking is available for
residential uses, that shall be sufficient for this purpose provided
that all traffic and parking regulations are obeyed and double
parking is prohibited.
b. Procedure. An application for a permit to operate a large family day
care home shall be filed with the Planning Director in a form provided by
the Director. Such application shall be completed and processed in
accordance with Section 17.03.030 and pursuant to the following
procedures as required by state law:
i. Notice. Notice of the Planning Director's decision to approve
or deny a large family day care home shall be shall be mailed, by
United States mail, postage prepaid, to the applicants and all
owners shown on the last equalized assessment roll as owning real
property within one hundred feet (100') of the exterior boundaries of
the proposed large family day care home ten (10) days prior to the
effective date of the decision.
ii. Hearing. No public hearing on the application shall be held
unless a hearing is requested in writing by the applicant or by an
affected party owning real property within one hundred feet (100')
of the exterior boundaries of the proposed large family day care
home. The hearing, if requested, shall be conducted by the
Planning Director.
iii. Appeal. The applicant or any interested party may appeal
the decision of the Planning Director to the Planning Commission.
The appellant shall pay the cost, if any, of the appeal."
Section 9. The term "family day care home" under Subsection F ( "F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home" means a home which regularly provides care, protection,
and supervision of fourteen (14) or fewer children, in the provider's own home, for
periods of less than twenty -four (24) hours per day, while the parents or guardians are
away. This includes large and small family day care homes."
Section 10. The term "family day care home, small" under Subsection F ( "F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, small. "Small family day care home" means a home
which provides family day care to eight (8) or fewer children, including children under
the age of ten (10) years who reside in the home, as defined in Chapter 3.4, Division 2
of the California Health and Safety Code."
Section 11. The term "family day care home, large" under Subsection F ("I"'
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, large. "Large family day care home" means a home
which provides family day care to seven (7) to fourteen (14) children, including children
under the age of ten (10) years who reside in the home, as defined in Chapter 3.4,
Division 2 of the California Health and Safety Code."
Section 12. Section 17.03.040 (Public hearing and notification) of Chapter
17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to read as follows:
"17.03.040 Public hearing and notification.
A. Setting Public Hearing. A public hearing for an application shall be in
accordance with the California Government Code. The hearing date will be set before
the appropriate hearing body only when the following have occurred:
1. The Planning Department has determined that the application is complete.
2. All required procedures of the California Environmental Quality Act
(CEQA) and Temecula guidelines for the implementation of CEQA have been
met.
B. Notice of Hearing for Review of Applications. Not less than ten days prior
to the date of a public hearing, the City Clerk shall give notice including the time, place,
identity of the approval body, nature of the application, and the general location of the
property under consideration. The approval body shall observe the noticing
requirements set forth as follows:
1. A copy of the notice shall be posted in at least three publicly accessible
locations in the City or published at least once in at least one local newspaper of
general circulation as required by State law and the municipal code.
2. The notice shall be mailed first class and postage pre -paid to the applicant
and representative; to the property owner or the owner's agent; to all persons
whose names and addresses appear on the latest available assessment roll of
the county of Riverside as owners of property within a distance of 600 feet from
the exterior boundaries of the site for which the application is filed (a minimum of
thirty property owners); to anyone filing a written request for notification; and to
such other persons whose property might, in the Planning Commission's
judgment, be affected by the establishment of the use or zone requested.
3. All posted, published or mailed notices of public hearings to be conducted
by the Planning Director, Planning Commission or City Council, or any other
body of the City, shall contain the following:
Any petition for judicial review of a decision of the Temecula City Council,
[Planning Commission, Planning Director, or other body as appropriate] is
controlled by the statute of limitations provisions set forth in Sections
1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or
proceeding to attack, review, set aside, or void any decision of the
Temecula City Council [Planning Commission, Planning Director, or other
body as appropriate] is controlled by Chapter 2.36 of the Temecula
Municipal Code. In any such action or proceeding seeking judicial review
of, which attacks or seeks to set aside, or void any decision of the
Temecula City Council [Planning Commission, Planning Director, or other
body as appropriate] shall be limited to those issues raised at the hearing
or in written correspondence delivered to the City Clerk at, or prior to, the
public hearing described in this notice, as provided in Chapter 2.36 of the
Temecula Municipal Code. Copies of the procedures for the conduct of
City Council, Planning Commission, and Planning Director public hearings
are available from the City Clerk.
4. Notices shall be sent to public departments, bureaus, or agencies which
are determined by the director of planning to be affected by the application or
otherwise requiring notice.
5. All noticing requirements required by the California Environmental Quality
Act (CEQA) and the City guidelines for the implementation of CEQA shall be
followed.
C. Posting of Property.
1. Standard Notice. The property, which is the subject of the proposed
development, shall be posted with informational signs that are four feet by four
feet in size, and shall include a description of the proposed development, the
date, time, and location of the public hearing, and the location where further
information can be obtained. For properties less than five acres in size, one sign
per improved street frontage shall be posted on site. For properties greater than
five acres in size, two signs per improved street frontage shall be posted on site.
For properties that are unusually shaped or within a unique location, the Director
of Planning may determine the location for sign posting or require additional
noticing of the proposed project. For for projects that may change or intensify the
existing use or zoning, the Director of Planning may require supplemental and /or
larger signs.
D. Continuances. If, for any reason, testimony on a case cannot be heard or
completed at the time set for such hearing, the chair of the hearing body may continue
or extend the hearing to another time. Before adjournment or recess, the chair shall
publicly announce the time and place at which the hearing will be continued. If the
hearing is continued to a specific time and place, no further notice shall be required.
E. Notice of Decision. The Planning Commission or Director of Planning
shall hear relevant testimony from interested persons and shall make its decision within
fifteen days after the close of the public hearing. Notice of the decision shall be filed by
the Director of Planning with the City Clerk, together with a report of the proceedings,
not more than fifteen days after the decision. A copy of the notice of decision shall be
mailed to the applicant and to any person who has made a written request for a copy of
the decision.
F. Withdrawal of an Application. Any application may be withdrawn at any
time prior to a public hearing by filing with the approving body a written request for
withdrawal. The request for withdrawal shall be signed by all persons who signed the
original application or their designated agents or current fee owner. Any such
application or petition may be withdrawn after commencement of a public hearing
thereon, with approval of the hearing body. At the time of the withdrawal of the
application, consideration may be given for refunding of application fees in whole or in
part, based upon the time expended by the City staff up to the time of withdrawal of the
application. Refunding policies shall be established by the City Council."
Section 13. Section 17.28.080 (Sign Programs) of Chapter 17.28 (Sign
Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
read as follows:
"17.28.080. Sign Programs.
A. Sign Program Required. In addition to the sign permits required by this
Chapter, certain types of signs and developments require a sign program to ensure that
all proposed signs are in harmony with other on -site signs, buildings and surrounding
developments. For existing developments without sign programs, the purpose of this
provision is to bring centers or buildings without sign programs into conformance with
the development code, while allowing existing legal signage to remain until new signage
is proposed.
1. New Sign Program. For new developments (and for approved or existing
developments that propose a major modification or propose to replace or
construct a new permanent freestanding or wall mounted sign), a new sign
program is required only if any of the following circumstances exist:
a. Whenever a shopping center, neighborhood commercial center,
office center, building, or development is greater than 100,000 square feet
in total building area and has more than a total of four permanent signs
counting wall mounted and free standing signs;
b. Whenever the development contains a historic structure; or
C. Whenever a proposed permanent sign exceeds or cannot comply
with the standards required by this Chapter due to unique characteristics
of the site or building fagade upon which the sign is placed.
2. Existing Sign Program. All approved sign programs for existing or
approved developments shall remain in full force and effect and any revision to
an approved sign program shall require a Minor Modification.
B. Findings. The following findings must be made by the approval body prior
to approving a sign program:
1. The proposed signs enhance the development, and are in harmony with,
and visually related to:
a. All of the signs included in the sign program. This shall be
accomplished by incorporating several common design elements such as
materials, letter style, colors, illumination, sign type or sign shape,
b. The buildings and /or the developments they identify by utilizing
materials, colors or design motifs included in the building being identified,
and
C. Surrounding development by not adversely affecting surrounding
land uses or obscuring adjacent approved signs;
2. The sign program accommodates future revisions which may be required
due to changes in building tenants; and
3. The proposed sign program satisfies the intent of this chapter, in that the
sign program complies with all the regulations of this chapter, except that
flexibility is allowed with regard to sign area, number, location and height.
Further, to the extent the sign program does not comply with the requirements of
this chapter as to sign area, number, location and height, the proposed sign
program enhances the development and more fully accomplishes the objectives
of this chapter."
Section 14. Subsection B (Standards for Permanent Wall Mounted Signs for
Buildings with Two Stories or Less) of Section 17.28.070 (General requirements for
permanent signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories
or Less.
1. Location. Wall signs shall not be located on windows or doors.
2. Number.
a. For multitenant buildings, only the major tenant within the suite is
permitted to have a wall sign. Subleasing tenants are not permitted to
have wall signs.
b. Maximum of four signs per business shall be allowed including all
wall mounted business identification signs, freestanding signs and freeway
signs (if any permitted). However, businesses with freestanding freeway
signs shall only be permitted a maximum of three signs, or four signs as
permitted by Section 17.28.210(A)(1)(a).
3. Area.
a. For businesses with more than one permitted wall mounted sign,
the second sign shall not exceed 80 percent, third 37 percent, and fourth
60 percent of the maximum allowable for the corresponding frontages.
This standard shall not apply to a permitted wall mounted freeway oriented
signs.
b. Wall signs shall not cover more than one square foot of sign area
per linear foot of the architectural fagade upon which the sign is located
(and no more than 75 percent of the surface of the building face that the
sign is located on excluding window and door areas). Maximum area of
sign shall also not exceed one square foot of sign area per linear foot of
business frontage.
C. Wall signs shall not extend more than 75 percent of the suite length
for multitenant buildings or building frontage for single tenant buildings.
4. Letter Height. Minimum letter height shall be eight inches. For wall signs
in two lines or more the second line may have a minimum letter height of six
inches.
5. Design.
a. A diversity of letter types and colors shall be encouraged for wall
signs within centers to create interest.
b. The use of graphics consistent with the nature of the product to be
advertised shall be encouraged, i.e., hammer symbol for a hardware store,
mortar and pestle for a drug store.
C. Sign colors shall be selected that provide a significant contrast
between the background colors and the letters.
6. Illumination.
a. Internal illumination for wall signs is acceptable in the following
forms:
i. Internally illuminated channel letters;
ii. Internally illuminated reverse channel letters; or
iii. Exposed neon if used in channel letters with transparent
face or no face with the inside of channel lettering colored the same
color as the neon;
iv. Other exposed neon applications.
b. External illumination is not permitted unless approved as part of a
planning application (sign program, minor modification, major modification
or development plan as applicable)."
Section 15. Subsection B of Section 17.28.240 (Requirements for wall mounted
business or building identification signs for buildings with two stories or less in
commercial districts) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum area of signs shall not exceed one square foot of linear foot of
architectural fagade upon which the sign is located (and shall not cover more than 75
percent of the surface of the building face that the sign is located on excluding window
and door areas). Maximum area of sign shall also not exceed one square foot of sign
area per linear foot of business frontage."
Section 16. Section 17.28.325 (Freeway oriented signs in professional office
district) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows:
17.28.325 Freeway oriented signs in professional office district.
Only travel oriented commercial uses such as gas stations, restaurants, fast food
establishments and hotels /motels with freeway frontage are permitted to have freeway
oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted
signs. Freestanding signs may identify centers, multiple tenants, and /or single tenants.
The provisions included in Section 17.28.210 shall apply to all signs permitted by this
subsection."
Section 17. Subsection F (Government Signs) of Section 17.28.050 (Exempt
signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to read as follows:
"F. Government Signs. Any official government sign, including a
governmental directional sign, or a public notice or warning required by an applicable
federal, state or local law, regulation or ordinance.
1. Offsite directional signs for public college or public universities.
a. General Requirements.
i. Each campus shall be permitted no more than three (3)
signs within the City of Temecula. The Planning Director may
authorize additional signs if it is determined necessary to serve the
public.
ii. Any sign proposed within the public right -of -way must obtain
an encroachment permit and approval by the Public Works
Director.
iii. Maximum height of the pole shall be ten feet.
iv. The edge of the bottom of the sign shall not be lower than
seven feet above ground level.
V. Maximum sign area for each sign shall be six square feet.
vi. Signs shall have a royal blue background with white letters
consistent with the governmental directional signs located within the City of Temecula
and shall not contain any logos or any information other than the name of the public
college or public university and an arrow indicating direction of the school. Maximum
letter height shall be eight inches.
b. Findings.
i. Public colleges and public universities attract a constant
influx of new visitors to the area and adequate directional signage
is necessary to ensure the safety of the community by providing
guidance to nonresidents or the general public unfamiliar with the
area. These directional signs help to ensure the general public can
safely and easily find the school.
ii. Higher public education is a local as well as a regional
priority driven by public needs and coordination between City
government and public colleges /public universities will support and
benefit the general public's pursuit of higher education.
iii. The sign is intended to serve a public college or public
university located within the City and conforms to the intent and
language of the City's General Plan. The size, shape, color, visual
elements and placement of the described sign shall be compatible
with the surrounding area and with other lawful signs and will not
detract from the character or quality of the surrounding properties."
Section 18. The entire row "Wine tasting shop (including product sale for off -site
consumption)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 19. Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add two additional rows inserted
alphabetically within Subsection W within Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial /Office /Industrial Districts
Description of Use NC I CC I HT I SC PO BP LI
W
Wine tasting shop, with or without product
sale for off -site consumption (Department C P P P
of Alcoholic Beverage Control Type 02
onl
Wine tasting shop, with or without product
sale for off -site consumption (Department C C C C
of Alcoholic Beverage Control License
Types other than Type 02
Section 20. The entire row "Alcoholic beverage sales in conjunction with an
otherwise allowable use (examples include: bowling alleys, golf courses and wine
tasting establishments)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 21 Table 17.08.030 (Schedule of Permitted Uses
Commercial /Office /Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial /Office /Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add one additional row inserted
alphabetically within Subsection A within Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial /Office /Industrial Districts
Description of Use NC I CC I HT I SC PO BP LI
A
Alcoholic beverage sales in conjunction with
an otherwise allowable use (examples C C C C C C C
include: bowling alleys and golf courses'
Section 22. Section 17.05.020.H (Time Extension) of 17.05.020 (Administrative
approval of development plan) of Chapter 17.05 (Development Plans) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"H. Time Extension. The director of planning may, upon an application being
filed prior to expiration and for good cause, grant a time extension of up to three one -
year extensions of time. Each extension of time shall be granted in one -year increments
only. Upon granting of an extension, the director of planning shall ensure that conditions
of the administrative approval comply with all current development code provisions."
Section 23. Section 17.05.010.1-1 (Time Extension) of 17.05.010 (Administrative
approval of development plan) of Chapter 17.05 (Development Plans) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"H. Time Extensions. The director of planning may, upon an application being
filed prior to the expiration, grant a time extension of one year (up to three extensions
may be granted). Upon granting the extension, the director of planning shall ensure that
the development plan complies with all development code provisions."
Section 24. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 25. Effective Date. This ordinance shall take effect thirty (30) days
after its adoption.
Section 26. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2010.
Jeff Comerchero, 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. 10- 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 the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk