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HomeMy WebLinkAbout99-01 CC OrdinanceORDINANCE NO. 99-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP TO ADD A PLANNED DEVELOPMENT OVERLAY NO. 2 (PDO-2) TO THE PROPERTY LOCATED ON THE SOUTH SIDE OF MARGARITA ROAD APPROXIMATELY 1,400 FEET EAST OF MORAGA ROAD, KNOWN AS ASSESSOR'S PARCEL NO. 921-370-004, AND ADDING SECTION 17.22.110 THROUGH 17.22.118 TO THE DEVELOPMENT CODE FOR PLANNED DEVELOPMENT OVERLAY NO. 2 FOR PLANNING APPLICATION NO. PA97- 0397. WHEREAS, 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 plans as may be in effect in any such city; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted General Plan of the city; and WHEREAS, there is a need to amend the Zoning Map to accurately reflect pdvate property and to be consistent with the adopted General Plan; and WHEREAS, the Planning Commission held duly noticed public hearings on December 2, 1998, and recommended that the City Council approve the attached amendments to the City Zoning Map; and WHEREAS, this Ordinance complies with all the applicable requirements of State law and local ordinances; and, WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on January 12, 1999 to consider the proposed amendments to the City Zoning Map. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendments To The City Zonin.a MaD The City Council hereby amends the Zoning Map for the City of Temecula as specified below: A. For the parcel identified as APN 921-370-004: change the Zoning designation from High Density Residential (H) to Planned Development Overlay No. 2 (PDO-2). Section 2. Planned Development Overlay No. 2 The City Council hereby adopts the supplemental standards and requirements for PDO-2, Planned Development Oveday District No. 2 as contained in Exhibit A of this ordinance. Section 3. Environmental Review. The City Council, based upon the information contained in the Initial Environmental Study, finds that the impacts of the proposed amendments Ords 99-01 1 are accurately described and discussed within the Final Environmental Impact Report (FEIR) for the General Plan and that the FEIR accurately reflects the impacts of the amended General Plan on City of Temecula and its surrounding areas. Section 4. 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 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 6. Effective 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 and cause copies of this Ordinance to be posted in three designated posting places. Section 7. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. this 26th day anuary, 1999. PASSED, APPROVED AND ADOPTED "7 :~~ Steven J. Ford, Mayor ATTEST: usan . Jones, Cr~,,~ [SEAL] Ords 99-01 2 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 99-01 was dully introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of January, 1999 and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26th day of January, 1999, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone / san W. Jones, CMC City Clerk Ords 99-01 3 EXHIBIT A MARGARITA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.110 Title Sections 17.22.110 through 17.22.118 shall be known as "PDO-2" (Margarita Road Planned Development Overlay District). 17.22.112 Purpose and intent The Margarita Road Planned Development Overlay District (PDO-2) is intended to provide regulations for a pedestrian oriented small-lot transitional development. It is the intent of the City to create special regulations that will allow for a specific small-lot single family residential product to serve as a transitional development between adjacent attached and detached residential areas. It is expected that any detached or zero lot-line residential product will conform to the Planning Commission's approved building footprints and elevations. For the purposes of this regulation, duplexes and two-family attached residential units can be approved as detached residential units. 17.22.114 Relationship with the Development Code and Citywide Design Guidelines A. The list of permitted, conditionally permitted, and prohibited uses for the Margarita Road Planned Development Overlay District is contained in Table 17.22.116. B. The development and design standards are contained Section 17.22.118. this area. In addition, the following requirements shall also apply to all planning applications in 1. The citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time an application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.116 Use Regulations The list of permitted land uses for the Margarita Road Planned Development Overlay district is contained in Table 17.22.116. Where indicated with a letter "P" the use shall be a permitted use. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit. Where indicated with a "-", the use is prohibited within the zone. Residential Single-family detached Duplex (two-family dwellings) Table 17.22.116 Residential Districts Description of Use Single-family attached (greater than two units) i PDO-2 p1 \\TEMEC FSg01\DATA\DEFl"S\PLANNING\STAFFRPT\397pa98 cc staff rcport.doc 7 Table 17.22.116 Residential Districts Description of Use Multiple-family Manufactured homes Mobilehome park Facilities for the mentally disordered, children (six or fewer) Facilities for the mentally disordered, children (seven to twelve) handicapped, or dependent or neglected handicapped, or dependent or neglected Alcoholism or drug abuse recovery or treatment facility (six or fewer) Alcoholism or drug abuse recovery or treatment facility (seven or more) Residential care facilities for the elderly (six or fewer) Residential care facilities for the elderly (seven or more) Congregate care residential facilities for the Elderly Boarding, rooming and lodging facilities Secondary dwelling units Granny Flat Guest House Family day care homes-small Family day care homes-large Day care centers Bed and breakfast establishments Emergency shelters Transitional housing Nonresidential Agriculture/open space uses Religious institutions Public utility facilities Educational institutions Public libraries Public museums and art galleries (not for profit) Kennels and catteries Noncommercial keeping of horses, cattle, sheep and goats Temporary real estate tract offices Recreational Vehicle Storage Yard Parking for commercial uses Nonprofit clubs and lodge halls Convalescent facilities Golf courses Home occupations Construction Trailers 4 \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT\397pa98 cc staff rcpon.doc 8 PDO-2 P P P P P P P P P C p3 p3 P P C P P P P C2 P P P o Legend Table 17.22.116 Residential Districts Description of Use PDO-2 Detached residential or zero lot-line units, duplexes and two-family dwellings are permitted only with the approval of the Planning Commission. Subject to the provisions of Section 17.24.020(D)(2). Allowed only with a single-family residence. The Community Development Director shall have the discretion to waive submittal of an Administrative Development Plan if it is determined that the construction trailer will not have an adverse impact on adjacent residences or businesses. P = Permitted by right in the district C = Permitted by conditional use permit - = Use is prohibited in the district 17.22.118 DEVELOPMENT STANDARDS. A. The development standards listed below are the minimum standards for development with the respective zoning districts. It is intended that these standards will be met in addition to the residential performance standards of Section 17.06.070. Considerations for approval of development plans and for awarding density bonuses will be based upon both the development standards and the degree of conformance with the performance standards. In the event of a conflict between the development standards and the performance standards, the director of planning shall determine which requirement best implements the intent of the development code. Table 17.22.118 Development Standards Residential Districts Residential Development Standards Minimum net lot area Minimum average net lot area per dwelling unit Dwelling units per net acre~ LOT DIMENSIONS Minimum lot frontage at front property line Minimum lot frontage for a flag lot at front property line Minimum width at required front setback area Minimum average width Minimum lot depth Minimum front yard Minimum corner side yard Minimum interior side yard Minimum rear yard Maximum height Maximum percent of lot coverage Open space required Private open space/per unit SETBACKS PDO-2 2,700 sq. ft. 2,400 sq. ft. 20 30 ft. 12fi. 40 ft. 40 ft. 55 ft. 8 ft. Ave.2 0~.2 0~.3 5~. 35 ft. 50% 4 30% 5 120 sq. ft. \\TEMEC_FS201\DATA\DEPTS\PLANNING\STAFFRPT\397pa98 cc staff report.doc 9 Table 17.22.118 Development Standards Residential Districts Residential Development Standards Notes: PDO-2 Senior citizen housing or congregate care facilities: For attached residential products: up to thirty dwelling units per acre are permitted. For detached residential products: up to twenty units per acre are permitted. Variable front yard setbacks: For attached residential products: Front yard setbacks shall have an average of at least twenty feet. For detached residential products: Garage entrances facing the street shall have a minimum setback of sixteen feet from the back of the curb. Variable interior side yard setbacks: For attached residential products: variable side yard setbacks may be 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 site yard. For detached residential products: variable side yard setbacks may be permitted provided in a zero lot line arrangement with a zero setback on one side and a minimum of three feet on the opposite side yard. No encroachments are permitted within the three foot side yard setback area. Maximum Lot Coverage': For attached residential products the maximum lot coverage shall be thidy percent. Open Space Requirements: Shall apply only to attached residential developments. B. Supplemental Design and Setback Standards. The following additional requirements shall also apply to detached residential products constructed in this zone. 1. Detached accessory structures shall be located only in the within specific allowable buildable areas. 2. Attached accessory structures attached to the primary residential units shall maintain a minimum separation of three feet from all other structures. \\TEMEC FS201\DATA\DEPTS\PLANNING\STAFFRPT\397pa98 cc staff report.doe I0