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HomeMy WebLinkAbout99-03 CC OrdinanceORDINANCE NO. 99-O3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA ON THE EAST SIDE OF PALA ROAD SOUTH OF THE INTERSECTION WITH RAINBOW CANYON ROAD AND KNOWN AS ASSESSOR'S PARCEL NOS. 950-110-018, 019, 020, AND 032, AND ADDING SECTIONS 17.22.100 THROUGH 17.22.108 TO THE DEVELOPMENT CODE FOR PLANNED DEVELOPMENT OVERLAY DISTRICT NO. I (PLANNING APPLICATION NO. PA97-0237) 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 private property and to be consistent with the adopted General Plan; and WHEREAS, the Planning Commission held duly noticed public hearings on December 15, 1997, and 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 Zoning Map The City Council hereby amends the Zoning Map for the City of Temecula as specified below: A. For the parcels identified as APN 950-110-018, 019, and 032: change the Zoning designation from Professional Office (PO) to Planned Development Overlay No. I (PDO-1). B. For the parcel identified as APN 950-110-020, change the Zoning Designation from Neighborhood Commercial (NC) to Planned Development Overlay No. I (PDO-1). Section 2. Planned Development Overlay No. I The City Council hereby adopts the supplemental standards and requirements for PDO-1, Planned Development Oveday District No. I as contained in Exhibit A of this ordinance. R:/Ords99-03 1 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 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. PASSED, APPROVED AND ADOPTED this 26th da~/~nu/;ry, 1999~ Steven J. Ford, Mayor ATTEST: Susan W Jone CMC [SEAL] R:/Ords99-03 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. 99-03 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: I COUNCILMEMBERS: Stone Sus n W. Jones, CMC City Clerk R:/Ords99-03 3 EXHIBIT "A " PALA ROAD PLANNED DEVELOPMENT OVERLAY DISTRICT 17.22.100 Title Sections 17.22.100 through 17.22.108 shall be known as "PDO-I" (Pala Road Planned Development Overlay District). 17.22.102 Purpose and intent The Pala Road Planned Development Overlay District (PDO-1) is intended to provide regulations for the safe and efficient operation, and creative design of a unique commercial area within the city. The area is significantly constrained with easements, flood plains, potential fault zones, and adjacent residential development. This special overlay zoning district regulation is intended to permit a range of neighborhood convenience uses, with selected outdoor storage and other appropriate rural serving commercial uses. Supplemental performance standards have also been provided to ensure compatibility with the adjacent neighborhoods and to protect adjoining uses from excessive noise, odor, smoke, toxic materials, and other potentially objectionable impacts. It is the intent of the City to use these special regulations to supplement the regulations of land uses and development already existing within the adopted Development Code. 17.22.104 Relationship with the Development Code and Citywide Design Guidelines A. The list of permitted, conditionally permitted, and prohibited uses for the Pala Road Planned Development Overlay District is contained in Table 17.22.106. B. Except as modified by the provisions of Section 17.22.108, the following rules and regulations shall apply to all planning applications in this area. 1. The development standards in the Development Code that would apply to any development within a Neighborhood Commercial zoning district that are in effect at the time an application is deemed complete. 2. The citywide Design Guidelines that are in effect at the time an application is deemed complete. 3. The approval requirements contained in the Development Code that are in effect at the time an application is deemed complete. 4. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.106 Use Regulations The list of permitted land uses for the Pala Road Planned Development Oreday district is contained in Table 17.22.106. 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. ViTEMEC_FS 201 \DATA~DEPTS\PLANNING\STAFFRPT\237pa97 .CC I .doc 13 Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use A Adult business Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) P Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft.) Airports Alcoholism or drug treatment facilities Alcohol and drug treatment (outpatient) Alcoholic beverage sales C~ Ambulance services Animal hospital (indoor only) C Antique restoration Antique sales P Apparel and accessory shops P Appliance sales and repairs (household and small appliances) P Arcades (pinball and video games) Art supply stores P Auction houses - Auditoriums and conference facilities - Automobile dealers (new and used) - Automobile sales (brokerage)-showroom only (new and used)-no outdoor display - Automobile Oil Change/Lube Services with no major repairs - Automobile painting and body shop - Automobile repair services - Automobile rental - Automobile salvage'~ards/impound ~;ards - Automobile service stations with or without an automated car wash - Automotive parts -sales p Automotive service stations selling beer and/or wine -with or without an automated car wash ' B Bakery goods distribution Bakery retail Bakery wholesale Banks and financial institutions \\TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT\237pa97.CC1 ,doc 14 PDO-1 P P Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Barber and beauty shops Bed and breakfast Bicycle (sales, rentals, services) Billlard parlor/pool hall Binding of books and similar publications Blood bank Blueprint and duplicating and copy services Bookstores Bowling alley Building material sales Butcher shop C '~'~inet shop Camera shop (sales/minor repairs) Candy/confectionery sales Car wash, full service Carpet and rug cleaning Catering services Clothing sales Coins, purchase and sales Cold storage facilities Communications and microwave installations2 Communications equipment sales Community care facilities Computer sales and service Congregate care housing for the elderly Construction equipment sales, service or rental Contractor's equipment, sales, service or rental Convenience market Costume rentals Crematoriums Cutlery D Data proC'~s~n~ equipme~t~'~S'terns'' Day care 'Centers ........... \\TEMEC FS201 \DATA\DEPTS\PLANNING\STAFFRPT\237pa97.CC1 .doc 15 IPDO-1 P C P P P C5 C P P P C5 P P P C5 C5 C P P P C Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Delicatessen Discount/department store Distribution facility Drug store/pharmacy Dry cleaners Dry cleaning plant E Emergency shelters Equipment sales and rentals (no outdoor storage) Equipment sales and rentals (outdoor storage) F Feed and grain sales Financial, insurance, real estate offices Fire and police stations Floor covering sales Florist shop Food processing Fortune telling, spiritualism, or similar activity Freight terminals Fuel storage and distribution Funeral parlors, mortuary Furniture sales Furniture transfer and storage PDO-1 P P P P P P P P P P P G Garden supplies and equipment sales and service Gas distribution, meter and control station General merchandise/retail store less than 10,000 sq. ft. Glass and mirrors, retail sales Govemmental offices less than 5,000 sq. ft. Grocery store, retail Grocery store, wholesale Guns and firearm sales C5 P P H 'Hardware st~re~ V~TEMEC_FS201 \DATA\DEPTS\PLANNING\STAFFRPT\237pa97 .CC 1 .doc 16 P Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Health and exercise clubs (less than 5,000 sq. ft.) Health and exercise clubs (greater than 5,000 sq. ft.) Health food store Health care facility Hellports Hobby supply shop Home and business maintenance service Hospitals Hotels/motels I Ice cream parlor Impound yard Interior decorating service J Junk or salvage yard K Kennel L Laboratories, film, medical, research or testing centers Laundromat Laundry service (commercial) Libraries, museums and galleries (private) Liquefied petroleum, sales and distribution Liquor stores Lithographic service Locksmith M Machine shop Machinery storage yard Mail order businesses PDO-1 C P P P P P P P \\TEMEC FS201 \DATA\DEPTS\PLANNING\STAFFRPT\237pa97 .CC 1 .doc 17 Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Manufacturing of products similar to, but not limited to, the following: Custom-made product, processing, assembling, packaging, and fabrication of goods within enclosed building (no outside storage), such as jewelry, furniture, art objects, clothing, labor intensive manufacturing, assembling, and repair processes which do not involve frequent truck traffic. Compounding of materials, processing, assembling, packaging, treatment or fabrication of materials and products which require frequent truck activity or the transfer of heavy or bulky items. VVholesaling, storage, and warehousing within enclosed building, freight handling, shipping, truck services and terminals, storage and wholesaling from the premises of unrefined, raw or semirefined products requiring further processing or manufacturing, and outside storage. Uses under 20,000 sq. ~. with no outside storage Massage Medical equipment sales/rental Membership clubs, organizations, lodges Mini-storage or mini-warehouse' Mobile home sales and service Motion picture studio Motorcycle sales and service Movie theaters Musical and recording studio N Nightclubs/taverns/bars/dance club/teen club Nurseries (retail) Nursing homes/convalescent homes IPDO-1 P P C C5 O Office eqUi'p~n~t/supplies, ~S~Services P Offices, administrative or corporate headquarters with greater than 50,000 sq. ~. - Offices, professional services with less than 50,000 sq. ~., including, but not limited to, business law, medical, dental, veterinarian, chiropractic, architectural, P engineering, real estate, insurance P Paint and wallpaper stores Parcel delivery services \\TEMEC_FS 201 \DATA\DEPTS\PLANNING\STAFFRPT\237pa97 .CC 1 .doc 18 P Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Parking lots and parking structures Pawnshop Personal service shops Pest control services Pet grooming/pet shop Photographic studio Plumbing supply yard (enclosed or unenclosed) Postal distribution Postal services Printing and publishing (newspapers, periodicals, books, etc.) Private utility facilities (Regulated by the Public Utilities Commission) Q Reserved R Radio and broadcasting studios, offices Radio/television transmitter Recreational vehicle parks Recreational vehicle sales Recreational vehicle, trailer, and boat storage within an enclosed building Recreational vehicle, trailer and boat storage-exterior yard Recycling collection facilities Recycling processing facilities Religious institution, without a day care or private school Religious institution, with a private school Religious institution, with a day care Residential (one dwelling unit on the same parcel as a commercial or industrial use for use of the proprietor of the business) Residential, multiple-family housing Restaurant, drive-in/fast food Restaurants and other eating establishments Restaurants wit~ lounge or live entertainment ......... Retail support use (15 percent of total development square footage in BP and LI) Rooming and boarding houses S Scale, public \\TEMEC_FS2Ol\DATA\DEPTS\PLANNING\STAFFRPT\237pa97.CC1 .doc 19 IPDO-1 P P P C C C C P Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Schools, business and professional Schools. private (kindergarten through Grade 12) Scientific research and development offices and laboratories Senior citizen housing (see also congregate care) Solid waste disposal facility Sports and recreational facilities Swap Meet, entirely inside a permanent building3 Swap Meet, outdoor Swimming pool supplies/equipment sales T Tailor shop Taxi or limousine service Tile sales Tobacco shop Tool and die casting Transfer, moving and storage Transportation terminals and stations Truck rentals (no sales or/service) TVNCR repair U Upholstery shop V Vending machine sales and service W Warehousing/distribution Watch repair Wedding chapels Welding shop Welding supply and service (enclosed) Y Reserved PDO-1 C P P P P P C5 J P P \\TEMEC_FS 201 \DATA\DEPTS\PLANNING\STA FFR PT\237pa97 .CC 1 .doc 20 Table 17.22.106 Schedule of Permitted Uses Pala Road Planned Development Overlay District Description of Use Z 'Reserved PDO-1 1. The CUP will be subject to Section 17.08.050(G), special standards for the sale of alcoholic beverages. 2. Subject to citywide antenna standards. 3. See Section 17.08,050.(E), special standards for indoor swap meets. 4. See Section 17.080.050(R), special standards for self-storage or mini-warehouse facilities. 5. Subject to the special setback provisions contained in Section 17.22.108. 17.22.108 Supplemental Design and Setback Standards A. In addition to the standard setback and landscape requirements of the Neighborhood Commercial Zone contained in Chapter 17.08, the following special setback provisions shall be required for all uses identified with a ,,s "in the Permitted Use Matrix and for all other similar outdoor use and storage activities. 1. Outdoor use and storage activities shall be located on the rear portions of each site and shall be fully screened from public view and from adjacent residences. 2. When it is not possible (due to site or use constraints) to locate outdoor use and/or storage activities in the rear portions of the property, a landscaped buffer area, not less than twenty feet in width and backed with an architecturally integrated screening wall shall be installed. No parking or loading areas are allowed in this visual buffer area. The height of the wall shall be six feet. The height of the wall may be increased to eight feet if deemed necessary and appropriate by the Community Development Director. B. All development within PDO-1 shall also comply with the following supplemental buffering requirements: 1. When adjacent to residential uses: a transitional landscaped area, not less than five feet in width shall be installed. The landscaping shall include (at a minimum) trees, shrubs, and appropriate ground cover and should be located outside of the walls used to screen these commercial uses. 2. When adjacent to Temecula Creek: an additional transitional landscaped area, outside of any fences or walls, not less than five feet shall be installed and shall be planted with appropriate native tree and shrub plant species commonly found within Southern California riparian areas. Temporary irrigation may be required to ensure plant establishment. \%TEMEC_FS201\DATA~DEPTS\PLANNING',STAFFRPT\237pa97.CC1 .doc 21