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97-17 CC Ordinance
ORDINANCE NO 97-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMF_,CULA AMENDING CHAFFER 17 OF THE TEMECULA MUNICIPAL CODE TO REVISE THE APPROVAL AUTHORITY TABLE, REQUIRE CONDmONAL USE PERMITS FOR RECREATIONAL VEHICLE STORAGE YARDS IN CERTAIN RESIDENTIAL ZONING DISTRICI~, INDOOR SWAP MEETS IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, AND AUTOMOBILE OIL CHANGE/LUBE SERVICES IN CERTAIN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, TO DELETE THE REQUIREMENT FOR A CONDITIONAL USE PERMIT FOR MASSAGE ESTABLISItMENTS AND PERMIT 'IHEM IN CERTAIN ZONING DISTRICTS, PERMIT GREATER SETBACK ADJUSTMENTS FOR RESIDENTIAL CUL-DE-SAC LOTS, ESTABLISH MOTOR CYCLE PARKING SPACE DIMENSIONS, ESTABLISH SELF-STORAGF. IMINI-WAREItOUSE STANDARDS, AND OTHER MINOR CLARIFICATIONS TO THE DEVELOPMENT CODE (PLANNING APPLICATION PA97-00~ THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Findin[,~. The City Council of the City of Temecula hereby makes the following findings: A. That Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plan as may be in effect in any such city; and B. That there is a need to amend the Development Code to protect the public health, safety, and welfare; and C. That this Ordinance complies with all the applicable requirements of State law and local ordinances. Section 2. Amend the Development Code to make the following minor clarifications to the Development Code: A. In Section 17.03.040(b)(2) delete the word "or" in the second set of parenthesis of this section. Orda\97-17 1 B. In Section 17.24.020(d)(2), Subsection b: add the word 'not' between 'pans are' C. In Section 17.24.050(h)(4) the first sentence shall read as follows: 'The interior of all parking lots shall include landscaped planters. These planters shall have an inside dimension width of five (5) feet and shall have a length equal to the length of the adjoining parking spaces. These planters shall be placed at both ends of each row of parking spaces.' D. In Section 17.08.020(f), in the last sentence, replace "15 (15) percent' with 'fifteen percent (15%)'. E. Add the following footnote to Table 17.06(a): "3 Subject to the provisions of Section 17.24.020(d)(2).' F. In Table 17.06(b) add footnote '1' to the Dwelling Unit Per Net Acre. G. In Table 17.06(b) replace footnote '2' shown for the Minimum Front Yard for the L-2, LM, M, and H Zoning Districts with a footnote '2' for the Minimum Front Yard. H. In Table 17.06(b) replace Footnote 3 with the following: 'Variable Side Yard Setbacks: In the 1.-2 Zoning Districts, the combined side yard setback for both sides must equal at least 15 feet with one side having at least 10 feet to provide potential vehicular access to the rear of the property. In the M and H Zoning Districts, Variable side yard setbacks maybe permitted provided the sum of the side yard setbacks is not less than ten feet and the distance between adjacent structures is not less than ten feet. This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard.' I. In Table 17.06(b) delete Footnote 4. J. In Table 17.06(b) delete Footnote 3 and 4 for the Minimum Interior Side Yard for the LM, M, and H Zoning Districts.' Section 3. Amend the following Sections of the Development Code to make minor changes to the Development Code: A. In Section 17.03.060(b)(1) add the following to the end of the subsection: UThe required size of the set backs for residential lots accessing onto a cul-de-sac may be modified by up to twenty percent (20 %) of the Code requirement.' B. At the end of Section 17.04.020(e)(1) add the following u, except that residential model home complexes may be approved for any appropriate period of time.' Orda\97-17 2 C. In Section 17.08.050(g)(1), between 'alcoholic beverages' and ' shall require' add 'except for the incidental sale of beer and wine at a restaurant,'. D. Add Footnote 4 to the end of the Table 17.08(a) to read as follows: 'See 17.080.50 Special Use Regulations and Standards Section (r) Self-Storage or Mini-Warehouse Facilities'. Section 4. Amend Chapter 17.06 of the Temecula Municipal Code as follows: A. Add the following line to Table 17.06(a): HR VL L-1 L-2 LM M H . Recreational Vehicle Storage - C C C C C C Yard ' Section 5. Amend Chapter 17.08 of the Temecula Municipal Code as follows: A. Add the following lines to Table 17.08(a): Swap Meet, entirely inside a permanent building ' NC CC HT SC PO BP LI C C Swap Meet, Outdoor B. Add the following line to Table 17.08(a): NC SC PO BP CC I-IT C P Automobile Oil Change/Lube - P - - Services with no Major R~airs LI P C. Amend the Massage portion of Table 17.08(a) to read as follows: I Massage NC CC HT SC PO BP LI Ords\97-17 3 D. Add the following line to Table 17.08(a): Mini-Storage or Mini Warehouse Facilitiesn NC CC HTC $C PO BP -- C -- P -- C LI P Section 6. Amend the Conditional Use Permit-New Building Section of Table 17.03 (a) to read as follows: Approval ** * * * Admin. ** Planning City Council Approval Planning Commission Director Conditional Use Permit-(New Building 10,000 sq. ft. or greater) Conditional Use Permit-(New Building Less than 10,000 sq. ft.) X X Section 7. Amend Section 17.04.010 © to read as follows: UConditional Use Permits shall require a public hearing as follows: (1) If the Conditional Use Permit involves an existing building the Director of Planning shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. (2) If the Conditional Use Permit involves a new building with less than 10,000 square feet, the Director of Planning shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Director of Planning may be appealed to the Planning Commission, pursuant to Section 17.03.090. Ords\97-17 4 (3) If the Conditional Use Permit involves a new building with 10,000 square feet or greater, the Planning Commission shall have the authority to approve, conditionally approve, or deny an application for Conditional Use Permit. Decisions of the Planning Commissions may be appealed to the City Council, pursuant to Section 17.03.090.' Section 8. Section: Amend Section 17.03.040 (b) (2) to add the following to the end of this Except that Conditional Use Permits requiring Director approval shall be noticed to a radius of six hundred (600) feet from the exterior boundaries for the site. Section 9. Amend Chapter 17.24 to make the following Sections: A. Replace the current Mini-Storage Warehouse parking requirements in Table 17.24 (a) with the following: Self-StoragelMini- Warehouse Facilities 1 space for every 200 storage units (a minimum of 4 spaces including the handicap space), and 2 covered parking spaces if a manager's residential unit is provided. _ B. Amend Section 17.24.050(a) by adding the following: "Motorcycle parking spaces shall have a minimum dimension of at least four (4) feet in width and seven (7) feet in length and shall be accessed by a drive aisle at least eight (8) feet in width." Section 10. Add the following Section to 17.080.50 Special Use Regulations: '(r) Self-Storage or Mini-Warehouse Facilities The following standards shall be applied to all new self-storage or mini-Warehouse facilities: (1) Development Standards: (a) The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited. (b) In Commercial Zoning Districts the rear and side yard setbacks shall be a minimum of 10 feet. In Industrial Zoning Districts no rear or side yard setbacks are required. The Director may increase the setbacks to a maximum of 25 feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification. 0rds\97-17 5 (c) The maximum lot coverage shall be 65 percent. The development site shall provide a minimum of 10% landscaped open space for project within Commercial Districts. In Industrial Districts the total landscaping area shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped. (e) A manager's residential unit may be provided, but is not required. (0 Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for recreational vehicles, boats, buses, and trailers, provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the Director. (2) Performance and 11se Reimlations: Any business activity, other than rental of storage units, including the on-site sale of merchandize, or garage sales, and lxansfer/storage businesses which utilize vehicles as part of the business are prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted. Co) Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals. Truck or vehicle rental businesses are prohibited without first obtaining all necessary approvals subject to the Development Code Schedule of Permitted Uses." Section 10. Severability The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or Section of this ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this ordinance. Section 11. g. ffective Date This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Ords\97-17 6 Section 12. PASSED, APPROVED, AND ADOS'rED this 7th day of October, 1997. ATFEST: Patricia H. Birdsall, Mayor City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 97-17 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of September, 1997, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 7th day of October, by the following roll call vote: AYES: 5 COUNCILMEMBERS Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS None ABSENT: 0 COUNCILMEMBERS None June S. ' ~-} City Clerk Ords\97-17 7