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HomeMy WebLinkAbout91-036 CC ResolutionRESOLUTION NO. 91-36 A RESOLU~ON OF THE CITY OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ZONE NO. 5621 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. 1 AMENDING THE BOUNDARIES AND LAND USE DESIGNATIONS OF PLANNING AREA 1, 2, 5 AND 6 OF SPECIFIC PLAN NO. 219 FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79; AND BOUND BY DE PORTOLA ROAD TO THE NORTH AND KNOWN AS ASSESSOR'S PARCEL NO. 910-100-007 WHEREAS, Bedford Properties filed Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 in accordance with Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on March 18, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission heating, the Commission recommended approval of said Change of Zone and Specific Plan Amendment; WHEREAS, the City Council conducted a public hearing pertaining to said Change of Zone and Specific Plan Amendment on April 9, 1991, at which time interested persons had opportunity to testify either in support or opposition to said Change of Zone and Specific Plan Amendment; and WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Change of Zone and Specific Plan Amendment; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findings. That the Temecula City Council hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the Resos 91-36 -1- following requirements are met: plan. 1. The city is proceeding in a timely fashion with the preparation of the general 2. The planning agency findings, in approving projects and taking other actions, including the issuance of building permits, each of the following: There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. Go The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the are now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The City Council in approving the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: ao There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of SP 219. Do There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's Future General Plan. Resos 91-36 -2- The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No. 219. The proposed will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. D. The Change of Zone and Specific Plan Amendment are compatible with the health, safety and welfare and of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula City Council hereby approves Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Area 1, 2, 5, and 6 of Specific Plan No. 219 for the subject property located on the northeast comer of Margarita Road and Highway 79; and bound by De Portola Road to the north and known as Assessor's Parcel No. 910-100-007, subject to the following conditions: mo Exhibit A (Specific Plan Text); Exhibit B (Conditions of Approval); and Exhibit C (Specific Plan Development Standards. SECTION 4. The City Clerk shall certify the adoption of this Resolution. Resos 91-36 -3- PASSED, APPROVED AND ADOPTED this 9th day of April, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA ) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 9th day of April, 1991 by the following vote: AYES: 4 COUNCIL MEMBERS: Birds all, Moore, Munoz, Parks NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Lindemans eek, City Clerk Resos 91-36 -4- CITY OF TEMECULA CONDITIONS OF APPROVAL SPECIFIC PLAN NO. 219. AMENDMENT NO. 1 Planninq Department 1. Specific Plan No. 219, Amendment No. 1 shall consist of the'following: a. Exhibit "A"' Specific Plan Text b. Exhibit "B" : Specific Plan Conditions of Approval c. Exhibit "C": Specific Plan Development Standards If any of the following conditions of approval differ from the specific plan text or exhibits, the conditions enumerated herein shall take precedence. The development of the property shall be in accordance with the mandatory requirements of all City of Temecula ordinances including Ordinance Nos. 348 and 460 and state laws; and shall conform substantially with adopted Specific Plan No. 219, Amendment No. 1 as filed in the office of the Planning Department, unless otherwise amended. No portion of the specific plan which purports or proposes to change, waive or modify any ordinance or other legal requirement for the development shall be considered to be part of the adopted specific plan. o The project shall comply with the conditions set forth in the following agency letters and/or the requirements set forth by these agencies at the development stage: do Road Department Flood Control Fire Department Parks County Administrative Offices Water Agency Sewer Agency Temecula School District Department of Health June 2, 1988 May 26, 1988 January 8, 1988 and February 25, 1991 May 25, 1988 April 5, 1988 May 23, 1988 May 24, 1988 January 26, 1988 July 20, 1990 Impacts to the Temecula Union School District shall be mitigated at the development application stage in accordance with the District policies in effect at the time of tract submittal. STAFFRPT\SP219 13 10. 11. Common areas identified in the specific plan shall be owned and maintained as follows: ao A permanent master maintenance organization shall be established for the specific plan area, to assume ownership and maintenance responsibility for all common recreation, open space, circulation systems and landscaped areas. The organization may be public or private. Merger with an area-wide or regional organization shall satisfy this condition provided that such organization is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. bo Unless otherwise provided for in these conditions of approval, common areas shall be conveyed to the maintenance organization as implementing development is approved or any subdivision is recorded. The maintenance organization shall be established prior to or concurrent with the recordation of the first land division, or issuance of any building permits for any approved development permit (use permit, plot plan, etc. ) Development applications which incorporate common areas shall be accompanied by design plans for the common area. Such plans shall specify the location and extent of landscaping, irrigation systems, structures, and circulation (vehicular, pedestrian and/or equestrian I. The following special studies/reports shall accompany implementing development applications in the planning areas listed below: Study/Report Planninq Areas Archeological Report Mitigation for Stephens Kangaroo Rat (See Condition No. 16) As per the County Historian's requirements 1- and 25 A land division filed for the purposes of phasing or financing shall not be considered an implementing development application; provided that if the maintenance organization is a property owners association, the legal documentation necessary to establish the association shall be recorded concurrently with the recordation of the final map. Prior to the issuance of a building permit for the construction of any use contemplated by this approval, the applicant shall first obtain clearance from the Planning Department that all pertinent conditions of approval have been satisfied with the specific plan for the phase of development in questions. STAFFRPT\SP219 14 12. 13. 14. 15. An environmental assessment shall be conducted for each tract, change of zone, plot plan, specific plan amendment, or any other discretionary permit required to implement the specific plan. At a minimum, the environmental assessment shall utilize the evaluation of impacts addressed in the EI R prepared for Specific Plan No. 219. Prior to the recordation of a final map, the land divider shall submit to the Planning Department an agreement with the appropriate parks and recreation district which demonstrates to the satisfaction of the City that the land divider has provided for the payment of fees and/or offer of dedication of lands in accordance with Section 10.35 (Parks and Recreation Fees and Dedications) of Land Division Ordinance No. 460. Prior to the recordation of any final subdivision map or issuance of building permits in the case of use permits and plot plans, the applicant shall submit to the Planning Department the following documents which shall demonstrate to the satisfaction of the City that individual appropriate owners associations will be established and will operate in accordance with the intent and purpose of the specific plan. a. The document to convey title. b. Covenants, Conditions, and Restrictions to be recorded. Co Management and maintenance agreements to be entered into with the unit/lot owner of the project. The master property owners association, commercial property owners association, and the business park owners association shall be charged with the unqualified right to assess their own individual owners who own individual units for reasonable maintenance and management costs which shall be established and continually maintained. The individual owners association shall have the right to lien the property of any owner who defaults in payment of their assessment fees. Such lien shall not be subordinate to any encumbrance other than a deed of trust, provided such deed of trust is made in good faith and for good value, and is of record prior to the lien of the individual owners association. The applicant or its successor shall defend, indemnify, and hold harmless the City of Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees to attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, appeal boards or legislative body concerning Specific Plan No. 219, Amendment No. 1, which action is brought within the time period provided for in California Government Code Section 66499.37. The City of Temecula will promptly notify the applicant or its successor of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the applicant or its successor of any such claim, action, or proceeding or fails to cooperate fully in the defense, the applicant or its successor shall not, STAFFRPT\SP219 15 16. 17. 18. thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. Trapping studies have indicated the presence of existing habitat (occupied by Stephens Kangaroo Rat) for Planning Areas 10 and 25. Prior to issuance of grading permits for this planning area, the applicant shall provide mitigation for removal of the SKR habitat as follows: ao Memorandum of Understanding between the developer and the California Department of Fish and Game, or be Compliance with an adopted County Program for the mitigation of removal of Stephens Kangaroo Ran habitat. Within forty-eight (48) hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One Thousand, Two Hundred, Seventy-Five Dollars ($1,275.00), which includes the One Thousand, Two Hundred, Fifty Dollars ($1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711.4(d1(2) plus the Twenty- Five Dollar ($25.00) County administrative fee to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (481 hour period the applicant/developer has not delivered to the Planning Department the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code Section 711 .~(c). Prior to the issuance of grading permits and/or building permit, the developer or his successor's interest shall submit a mitigation monitoring program to the Planning Department for approval, which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. STAFFRPT\SP219 16 Medium Density Residential Planning Areas 4, 8, 9, 10, 17, 18, 25, 26, 28 & 33 Medium Density Residential Zone The following regulations shall apply in all Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the Medium Density Residential Zone: (1) One family dwellings. (2) Two-family dwellings. (3) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (4) Home occupations. (5) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). bo The following uses axe permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION 6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium Density Residential Zone, except that planned residential developments shah comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 5,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 4,500 sq. ft. per dweIling unit. The minimum lot area -1- do eo shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. The minimum average width of that portion of the lot to be used as a building site shall be 45 feet with a minimum average depth of 85 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 85 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 45 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -2- Medium Density Residential Planning Area 31 Medium Density Residential Zone The following regulations shall apply in all Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the Medium Density Residential Zone: (1) One family dwellings. (2) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (3) Home occupations. (4) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Do Lot area shall be not less than 7,200 sq. ft. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -3- Co The minimum average width of that portion of a lot to be used as a building site shall be 60 feet with a minimum average depth of 100 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 20 feet, measured from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 10% of the width of the lot, but not less than 3 feet in width in any event, and need not exceed a width of 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing sweet line or from any future sweet line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 10 feet. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. fo Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -4- Medium Hi ,h Density Residential Planning Areas 3, 5, 13, 14, 15, 16, 20, 21, 22 & 23 Medium High Density Residential Zone The following regulations shall apply in all Medium High Density Residential Zones: SECTION 6.1. USES PERMITrED. The following uses shall be permitted in the Medium High Density Residential Zone: (1) One family dwellings. (2) Two-family dwellings. (3) Public parks and public playgrounds, golf courses with standard length fairways and country clubs. (4) Home occupations. (5) Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Medium High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. Lot area shall be not less than 4,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 3,500 sq. ft. per dwelling unit. The minimum lot area -5- shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. The minimum average width of that portion of the lot to be used as a building site shall be 40 feet with a minimum average depth of 80 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 75 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 40 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right-of-way street line or from any future public right-of-way sweet line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing street line or from any future street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Very Hi ,h Density Residential Planning Areas 2 and 6 Very High Densfly Residential Zone The following regulations shah apply in all Very High Density Residential Zones: SECTION 8.1. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) (2) (3) (4) (5) Any use permitted in the Medium High Density Residential Zone. Apartment houses. Nursery schools for preschool day care. Institutions for the aged licensed by the California State Department of Social Welfare or the County Department of Public Welfare. Congregate care residential facilities. Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change the character of that use. Go On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent (5%) of the surface area of the exterior face of the wall upon which the sign is located. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance: (1) Evening nursery school, child care and babysitting facilities, where 13 or more unrelated children are kept under supervision by a person licensed by the State Department of Social Welfare or Riverside County Department of Public Welfare during any hours between 5 p.m. and 8 a.m. (2) Congregate care residential facilities, developed pursuant to City Ordinance, County and State Codes and Ordinances. Planned residential developments, provided a land division is approved pursuant to the provisions of Riverside County Ordinance No. 460 (1991) and the development standards in Section 18.5 or 18.6 of Riverside County Ordinance No. 348 (1991). -7- SECTION 8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Very High Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). The minimum lot area shall be 7,200 square feet with a minimum average width of 60 feet and a minimum average depth of 100 feet, unless different minimums are specifically required in a particular area. The minimum front and rear yards shall be I0 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from the front and rear lot lines no less than 10 feet plus 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from any existing or future public right-of-way street line as shown on any specific street plan of the City. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. The minimum side yard shall be 5 feet for buildings that do not exceed 35 feet in height. Any portion of a building which exceeds 35 feet in height shall be set back from each side lot line 5 feet plus 2 feet for each foot by which the height exceeds 35 feet; if the side yard adjoins a street, the side setback requirement shall be the same as required for a front setback. No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. High density multi-family dwelling units shall be setback a minimum of 18 feet from any existing or future public fight-of-way street line as shown on any specific street plan of the City. Said setback shall be applicable for front, rear and side yards should they adjoin a street. No lot shall have more than 50 percent of its net area covered with buildings or structures. f. The maximum density shall be twenty (20) units per acre. All buildings and structures shall not exceed 50 feet in height. ho Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -8- Commercial/Neighborhood Commercial Planning Areas 1 and 27 Commercial/Neighborhood Commercial Zone The following regulations shall apply in all Commercial/Neighborhood Commercial Zones: SECTION 9.1. USES PERMITTED. (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) The following uses are permitted, only in enclosed buildings with not more than 200 square feet of outside storage or display of materials appurtenant to such use, provided a plot plan shall have been approved pursuant to provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991). (1) Ambulance services. Antique Shops. Appliance stores, household. Art supply shops and studios. Auction houses. Auditoriums and conference rooms. Automobile repair garages, not including body and fender shops or spray painting. Automobile parts and supply stores. Bakery goods distributors. Bakery shops, including baking only when incidental to retail sales on the premises. Banks and f'mancial institutions. Barber and beauty shops. Bars and cocktail lounges. Billiard and pool halls. Blueprint and duplicating services. Book stores and binders. Bowling alleys. Catering services. Cleaning and dyeing shops. Clothing stores. Confectionery or candy stores. Costume design studios. Dance halls. Delicatessens. Department stores. Drug stores. Dry goods stores. -9- (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) (42) (43) (44) (45) (46) (47) (48) (49) (50) (51) (52) (53) (54) (55) (56) (57) (58) (59) (60) (61) (62) (63) (64) (65) (66) (67) Employment agencies. Escort bureaus. Feed and grain sales. Florists shops. Food markets and frozen food lockers Gasoline service stations, not including the concurrent sale of beer and wine for off-premises consumption. Gift shops. Hotels, resort hotels and motels. Household goods sales, including but not limited to, new and used appliances, furniture, carpets, draperies, lamps, radios and television sets, including repair thereof. Hobby shops. Ice cream shops. Ice sales, not including ice plants. Interior decorating shops. Jewelry stores, including incidental repairs. Labor temples. Laboratories, ~m, dental, medical, research or testing. Laundries and laundromats. Leather goods stores. Liquor stores. Locksmith shops. Mail order businesses. Manufacturer's agent MarkeL food, wholesale or jobber. Massage parlors, turkish baths, health centers and similar personal service establishments. Meat markets, not including slaughtering. Mimeographing and addressograph services. Mortuaries. Music stores. News stores. Notions or novelty stores. Offices, including business, law, medical, dental chiropractic, architectural, engineering, community planning and real estate. One on-site operator's residence, which may be located in a commercial building. Paint and wallpaper stores, not including paint contractors. Pawn shops. Pet shops and pet supply shops. Photography shops and studios and photo engraving. Plumbing shops, not including plumbing contractors. Poultry markets, not including slaughtering or live sales. Printers or publishers. Produce markets. -10- Go (68) (69) (70) (72) (73) (74) (75) (76) (77) (78) (79) (80) (81) (82) (83) (84) (85) (86) (87) (88) (89) (90) (9D (92) (93) (94) (95) (96) Radio and television broadcasting studios. Recording studios. Refreshment stands. Restaurants and other eating establishments. Schools, business and professional, including art, barber, beauty, dance, drama, music and swimming. Shoe stores and repair shops. Shoeshine stands. Signs, on-site advertising. Sporting goods stores. Stained glass assembly. Stationer stores. Stations, bus, railroad and taxi. Taxidermist. Tailor shops. Telephone exchanges. Theaters, not including drive-ins. Tire sales and service, not including recapping. Tobacco shops. Tourist infomarion centers. Toy shops. Travel agencies. Typewriter sales and rental, including incidental repairs. Watch repair shops. Wholesale businesses with samples on the premises but not including storage. Car washes. Fortune telling, spiritualism, or similar activity. Recycling collection facilities. Convenience stores, not including the sale of motor vehicle fuel. Day care centers. The following uses are permitted provided a conditional use permit has been granted pursuant to City Ordinance. (1) Convenience stores, including the sale of motor vehicle fuel. (2) Gasoline service stations with the concurrent sale of beer and wine for off- premises consumption. (3) Liquid petroleum service stations with the concurrent sale of beer and wine for off-premises consumption, provided the total capacity of all tanks shall not exceed 10,000 gallons. Any use that is not specifically listed in Subsections a. and b. may be considered a permitted or conditionally permitted use provided that the Planning Director finds that the proposed use is substantially the same in character and intensity as those listed in the designated subsections. Such a use is subject to the permit process which governs the category in which it falls. -11- SECTION 9.2. PLANNED COMMERCIAL DEVELOPMENTS. Planned Commercial Developments are permitted provided a land division is approved pursuant to the provision of Riverside County Ordinance No. 460 (1991). SECTION 9.3. (DELETED.) SECTION 9.4. DEVELOPMENT STANDARDS. The following standards of development are required in the Commercial/Neighborhood Commercial Zones: There is no minimum lot area requirement, unless specifically required by zone classification for a particular area. bo There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public right-of-way street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public right-of-way street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line. c. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. -12- Day Care Center/Information Center Planning Area 34 Day Care Center/Information Center Zone The following regulations shall apply in all Day Care Center/Information Center Zones: SECTION 8.1. USES PERMITtED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) (2) (3) (4) (5) Nursery schools for preschool day care. Institutions for the aged licensed by the California State Department of Social Welfare or the County Department of Public Welfare. Architectural, engineering and community planning offices; provided there is no outdoor storage of materials, equipment or vehicles, other than passenger cars. Congregate care residential facilities. Information center. Do Accessory buildings, to a specific permitted use, provided that the accessory building is established as an incident to a principal use and does not change the character of that use. Go On-site signs, affixed to building walls, stating the name of the structure, use or institution, not to exceed five percent (5%) of the surface area of the exterior face of the wall upon which the sign is located. The following uses shall be permitted provided a conditional use permit is obtained pursuant to this ordinance: (1) Evening nursery school, child care and babysitting facilities, where 13 or more unrelated children are kept under supervision by a person licensed by the State Department of Social Welfare or Riverside County Department of Public Welfare during any hours between 5 p.m. and 8 a.m. (2) Congregate care residential facilities, developed pursuant to City Ordinance, County and State Codes and Ordinances. SECTION8.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the Day Care Center/Information Center Zone. There is no minimum lot area requirement, unless specifically required by zone classification for a particular area. -13- Go There are no yard requirements for buildings which do not exceed 35 feet in height except as required for specific plans. Any portion of a building which exceeds 35 feet in height shall be setback from the front, rear and side lot lines not less than 2 feet for each foot by which the height exceeds 35 feet. The front setback shall be measured from the existing public fight-of-way street line unless a specific plan has been adopted in which case it will be measured from the specific plan street line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a sweet, the rear setback requirement shall be the same as required for a front setback. Each side setback shall be measured from the side lot line, or from an existing adjacent public fight-of-way street line unless a specific plan has been adopted, in which case it will be measured from the specific plan street line. All buildings and structures shall not exceed 50 feet in height. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All roof mounted mechanical equipment shall be screened from the ground elevation view to a minimum sight distance of 1,320 feet. -14- do The minimum frontage of a lot shall be 60 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements axe as follows: (1) The front yard shall be not less than 20 feet, measured from the existing public right-of-way street line or from any future public right-of-way sn'eet line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 10% of the width of the lot, but not less than 3 feet in width in any event, and need not exceed a width of 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 10 feet. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). -16- Elementary School Planning Area 11 School/Medium Density Residential Zone The following regulations shall apply in all School/Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the School/Medium Density Residential Zone: (1) (2) (3) (4) (5) One family dwellings. Two-family dwellings. Public schools. Public parks and public playgrounds, golf courses with standard length fairways and country clubs. Home occupations. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate wact offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION 6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the School/Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. bo Lot area shall be not less than 4,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 3,500 sq. ft. per dwelling unit. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -17- do fo The minimum average width of that portion of the lot to be used as a building site shall be 40 feet with a minimum average depth of 80 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 75 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 40 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public fight-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed comer lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as requited by Section 18.12 of Riverside County Ordinance No. 348 (1991). -18- Elementary School and Junior Hi_ h School Planning Areas 29, 30 and 32 School/Medium Density Residential Zone The following regulations shall apply in all School/Medium Density Residential Zones: SECTION 6.1. USES PERMITTED. The following uses shall be permitted in the School/Medium Density Residential Zone: (1) (2) (3) (4) (5) One family dwellings. Two-family dwellings. Public schools. Public parks and public playgrounds, golf courses with standard length fairways and country clubs. Home occupations. The following uses are permitted provided a plot plan has been approved pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Beauty shops operated from a home by its inhabitants where no assistants are employed and the on-site sign is unlighted and does not exceed two square feet in area. (2) Temporary real estate tract offices located within a subdivision, to be used only for and during the original sale of the subdivision, but not to exceed a period of 2 years in any event. (3) Nurseries, horticultural. SECTION6.2. DEVELOPMENT STANDARDS. The following standards of development shall apply in the School/Medium Density Residential Zone, except that planned residential developments shall comply with the development standards contained in Section 18.5 of Riverside County Ordinance No. 348 (1991). a. Building height shall not exceed 3 stories, with a maximum height of 40 feet. bo Lot area shall be not less than 5,000 sq. ft. However, the lot area for two-family dwellings shall be not less than 4,500 sq. ft. per dwelling unit. The minimum lot area shall be determined by excluding that portion of a lot that is used solely for access to the portion of a lot used as a building site. -19- The minimum average width of that portion of the lot to be used as a building site shall be 45 feet with a minimum average depth of 85 feet. However, for two-family dwelling lots, the minimum average width shall be 40 feet with the same minimum average depth of 80 feet. That portion of a lot used for access on "flag" lots shall have a minimum width of 20 feet. The minimum frontage of a lot shall be 45 feet, except that lots fronting on knuckles or cul-de-sacs may have a minimum frontage of 35 feet. Lot frontage along curvilinear streets may be measured at the building setback in accordance with zone development standards. Minimum yard requirements are as follows: (1) The front yard shall be not less than 10 feet, measured from the existing public right of way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure. (2) Side yards on interior and through lots shall be not less than 5 feet. Side yards on comer and reversed corner lots shall be not less than 10 feet from the existing public right-of-way street line or from any future public right-of-way street line as shown on any Specific Plan of Highways, whichever is nearer the proposed structure, upon which the main building sides, except that where the lot is less than 50 feet wide, the yard need not exceed 20% of the width of the lot. (3) The rear yard shall be not less than 15 feet. In addition, the following standard shall also apply: (a) No lot shall have more than 55% of its net area covered with buildings or structures. (4) No structural encroachments shall be permitted in the front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). Neil, hborhood Park Planning Area 24 Park Zone The following regulations shall apply in all Park Zones: SECTION 8.100. USES PERMITTED. ao The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Public parks. (2) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (3) Noncommercial community association recreation and assembly buildings and facilities. (4) Lakes, including noncommercial fishing therefrom. (5) Picnic grounds. (6) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (7) Water wells an appurtenant facilities. (8) On-site identification signs, maximum size - 10 square feet. Do The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 25 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buildings. No structural encroachmenu shall be permitted in the -21- Co do eo front, side or rear yard without approval of a setback adjustment pursuant to City Ordinance. Trash Areas. All txash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or structures shall not exceed 40 feet in height. -22- Recreation Area Planning Areas 12 and 19 Recreation Area Zone The following regulations shall apply in all Recreation Area Zones: SECTION 8.100. USES PERMITTED. ao The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (2) Noncommercial community association recreation and assembly buildings and facilities. (3) Lakes, including noncommercial fishing therefrom. (4) Picnic grounds. (5) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (6) Water wells an appurtenant facilities. (7) On-site identification signs, maximum size - 10 square feet. The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Do Yards. Whenever a bufiding is to be constructed on a lot in this zone, it shall have a front yard, side yard and mar yard, each of which shall be not less than 25 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buildings. No structural encroachments shall be permitted in the front, side or rear yard except without approval of a setback adjustment pursuant to City Ordinance. -23- Go do eo Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or structures shall not exceed 40 feet in height, unless a height. -24- Community Open Space Planning Area 35 Community Open Space Zone The following regulations shall apply in all Community Open Space Zones: SECTION 8.100. USES PERMITTED. The following uses shall be permitted provided approval of a plot plan shall first have been obtained pursuant to the provisions of Section 18.30 of Riverside County Ordinance No. 348 (1991): (1) Undeveloped and manufactured open space. (2) Golf courses and appurtenant facilities, including clubhouses. A clubhouse is permitted to have customary retail shop and restaurant facilities. (3) Noncommercial community association recreation and assembly buildings and facilities. (4) Lakes, including noncommercial fishing therefrom. (5) Picnic grounds. (6) Parking lots, only for above-listed permitted uses, pursuant to the provisions of Section 18.12 of Riverside County Ordinance No. 348 (1991), except that not less than five percent of the interior of such parking lots shall have distributed landscaping in addition to the landscaping requirements of Section 18.12 of Riverside County Ordinance No. 348 (1991). (7) Water wells an appurtenant facilities. (8) On-site identification signs, maximum size - 10 square feet. Do The following uses are permitted provided a conditional use permit has been granted: (1) Riding academies and stables. SECTION 8.101. DEVELOPMENT STANDARDS. Lot Area. This zone is to be applied to those areas within subdivisions and other residential developments that provide open space and recreational area and facilities for the project. Therefore, no minimum lot size is established for the zone. Yards. Whenever a building is to be constructed on a lot in this zone, it shall have a front yard, side yard and rear yard, each of which shall be not less than 50 feet. If more than one building is constructed on one lot, there shall be not less than a 20-foot separation between the buiIdings. No structural encroachments shall be permitted in the -25- front, side or rear yard except without approval of a setback adjustment pursuant to City Ordinance. Trash Areas. All trash collection areas shall be enclosed with a solid fence or wall no less than 6 feet high. Automobile storage space shall be provided as required by Section 18.12 of Riverside County Ordinance No. 348 (1991). All buildings or structures shall not exceed 50 feet in height. -26-