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HomeMy WebLinkAbout032095 PC AgendaCALL TO ORDER: ROLL CALL: PUBLIC COMMENTS AGENDA TEMECULA PLANNING COMMISSION March 20, 1995, 6:00 PM Rancho California Water District's Board Room 42135 Winchester Road Temecula, CA 92390 Chairman Ford Blair, Fahey, Slayen, Webster and Ford A total of 15 minutes is provided so members of the public can address the commissioners on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commissioners about an item tt0t listed on the Agenda, a pink "Request to Speak" form should be fdled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name and address. For all other agenda items a "Request to Speak" form must be fried with the Planning Secretary before Commission gets to that item. There is a three (3) minute time limit for individual speakers. COMMISSION BUSINESS 1. Approval of Agenda PUBLIC HEARING ITEMS Case No.: Applicant: Location: Proposal: Planner: Recommendation: Development Code City of Temecula City Wide Introduce the Draft Development Code John Meyer Approval to City Council Next meeting: April 3, 1995, 6:00 p.m., Rancho California Water District's Board Room, 42135 Winchester Road, Temecula, California. PLANNING DIRECTOR'S REPORT PLANNING COMMISSION DISCUSSION OTHER BUSINESS ADJOURNMENT R:\WIMBERVG~PLANCOMM\AGENDAS\3-20-95 3/16195 vgw ITEM #2 MEMORANDUM TO: FROM: DATE: Planning Commission Gary Thornhill, Director of Planning March 20, 1995 SUBJECT: Draft Development Code Prepared by: John Meyer RECOMMENDATION: Staff recommends the Planning Commission review the draft Development Code, take public testimony, and direct staff to make any modifications in order to make a recommendation of approval to the City Council. INTRODUCTION On July 9, 1991 the City Council approved a contract with The Planning Center to assist the City in preparing its first General Plan and Development Code. The General Plan was adopted in November of 1993. The Development Code is the primary instrument for implementing the General Plan. Temecula's General Plan is a 20-year plan, while the Development Code and the Zoning Map respond to shorter-term needs and conditions. Each of the residential, commercial, business park, and other land use designations are detailed by land use zones which specify permitted uses, conditional uses, and development standards for each zone. The Code was developed pursuant to the authority granted to the City of Temecula by the Constitution of the State of California and in compliance with the requirements of Section 65800 et.seq. of the Government Code, Planning, Zoning and Development Laws. The power to zone or regulate is given to the City to promote and protect the communities health, safety and general welfare. It is the aim of the Code to provide a serviceable, attractive and economically viable city. State law requires that a city zoning ordinance be consistent with a City's adopted General Plan. The City desired a development code that established straight forward processes and standards put forth in a manner understandable by both professionals and the public. To accomplish this, the consultant was directed to seek out successful zoning ordinances from other communities and draft a hybrid suitable for the City of Temecula. To assist the staff and The Planning Center prepare the Development Code, the City Council appointed a Development Code Advisory Committee. The Advisory Committee consisted of seven appointees by the Council, past Planning Commissioner Dennis Chiniaeff and Councilmember Mu~oz. The Council Appointees were Larry Markham, Vince DiDonato, Don Rohrbacher, David Christian, Doug Scott, Csaba Ko and Kevin McKenzie. The Advisory Committee met and reviewed a screen-draft code between July 1993 and August 1994. During this process, the Advisory Committee deliberated many issues and provided significant direction to staff. The consensus of the Advisory Committee is that the draft code is a solid, well organized document. A VISION FOR TEMECULA The General Plan expresses a vision of the future of the City and prescribes techniques to manage growth and development so that the vision can be achieved. The challenge of the General Plan is to establish clear and sustainable direction. The vision for Temecula represents the values of the community that will contribute to Temecula's future image and physical character. The Vision Statement draws upon the City's Mission Statement which was developed by the City Council. The Vision Statement will enable future community leaders and citizens to recall and endorse the meaning of the Plan and maintain diligence in carrying out its intent. Key aspects of the Vision Statement include: · Maintain a safe, secure, clean, healthy and orderly community; · Balance residential, commercial and industrial opportunities; · Concentrate retail and business development within Village Centers; · Provide a convenient and effective transportation system which includes vehicular circulation, transit, bicycles and pedestrian modes of travel; · Provide an outstanding open space and parks system; · Preserve community values, neighborhood conservation and public safety; · Support opportunities for community activities for a wide array of interests, ages and lifestyles; · Preserve and enhance historical and cultural resources within the community; · Assure adequate public services are provided concurrently with development; · Capitalize on the community's greatest asset, it's people, by encouraging community involvement and community responsibility. REPORT/PUBLIC HEARING FORMAT This report is intended to provide a brief introduction and background of Temecula's Draft Development Code. The Public Hearings for the draft Development Code will be spread over three to four Planning Commission meetings starting March 20, 1995 and will likely be held on the third Monday of each subsequent month. Additional meetings will be scheduled as required. The Commission will then forward a recommendation to the City Council. Additional Public Hearings will be held by the Council. R:\DEVCODE\DRAI~fDC,PC 3/16/95 kJb 2 The following is a proposed schedule of review: ITEMS FOR DISCUSSION Chapter 9.01 General Provisions Chapter 9.02 Establishment of Zoning Districts Chapter 9.03 Administration of Zoning Chapter 9.04 Permits Chapter 9.05 Development Plan Process Chapter 9.06 Residential Districts Chapter 9.08 Commercial/Industrial Districts Chapter 9.12 Public/Institutional Districts Chapter 9.14 Open Space/Recreation Districts Cha )ter 9.16 Specific Plan Overlay District Cha ~ter 9.18 Village Center Overlay District Cha )ter 9.20 Floodplain Overlay District Cha )ter 9.22 Planned Development Overlay District Cha ~ter 9.24 Off-street Parking and Loading Cha ~ter 9.26 Covenants for Easements Cha )ter 9.34 Definition of Terms Consistency Zoning (Zoning Map) General Plan Amendment MEETING DATES Meeting I March 20, 1995 Meeting II Meeting III Meeting IV DRAFT DEVELOPMENT CODE CHAPTERS The following sections address each chapter individually. Each section contains a purpose summary, a brief description of the key aspects of the chapter, and any recommended changes to the draft section. Although only highlights of the Code are discussed here, staff envisions a broad discussion of each chapter as determined by the commission. Section 1. General Provisions and Establishment of Zoning Purpose These two chapters provide the legal framework for the establishment of zoning. Description These sections are written to establish the legal format of the Code and defines the Code's relationship to the General Plan and California Environmental Quality Act (CEQA). The zoning districts and Official Zoning Map are also established in this section. Changes Staff is not recommending any changes. SECTION 2. Administration of Zonin~l Purpose This chapter outlines the procedures for the processing of land use permits and other discretionary approvals. Description This chapter builds on the streamlining established by the Approval Authority Matrix last amended in late 1993. The City is going from 26 different processes under the Matrix, to just 11 under the Development Code. This section implements a Supplemental Noticing requirement for significant projects as outlined in the Code. The intent of the supplemental notification is to advise the public of controversial projects early in the development review process. Consistent with previous Council direction, the Code has been written to provide a passive approach to legal non-conforming uses and structures. The Code does not include an amortization schedule. Non-conforming uses generally may be continued indefinitely, bought or sold, so long has they are not enlarged or their degree of non-conformity increased. Changes The following changes are proposed: Section 9.03.070 (g)(3) on page 16 ... which was abandoned for a period of ~ii~i~i~:~:~... Section 9.03.090 (b)(3) on page 18 ,,. or undelivered after ~;~... SECTION 3. Permits Purpose This chapter provides the framework for processing various applications that relate to the use of property and exceptions from various standards. Description A key difference between the Development Code and County Ordinance 348 is the distinction between the use of property and the development of property. This chapter establishes that distinction. The Code maintains the provision for public hearings before either the Planning Director or Planning Commission. New findings, which respond to recent changes in State and Case law have been included in this chapter. The Temporary Use Permit consolidates the major and minor outdoor event permits and establishes findings and conditions for their approval. Attached is a letter received from the president of the Rainbow Canyon Villages Homeowners Association regarding home occupation permits. The letter recommends a series of minor changes to this section. The City Attorney has reviewed the requested changes and determined them to be policy issues. Based on this review, Staff is not recommending inclusion of the proposed changes. Should the Commission wish to support any of them, Staff will bring back appropriate language to facilitate the changes. Changes The following changes are proposed: Section 9.04.010 (c)(1) page I If the Conditional Use Permit involves an existing building, Section 9.04.010 (g) page 3 Replace with Within three (3) years of approval of a Conditional Use Permit, commencement of the use shall have occurred or the approval shall be subject to expiration. Commencement of the use shall be defined by the issuance of a building permit for conditional uses involving new construction or the actual occupancy of an existing structure for a conditional use not involving new construction. If after three years, the commencement of the use for which a Conditional Use Permit was issued has not occurred, the Planning Director may provide a notice to the permit holder that the Conditional Use Permit is subject to expiration and that a public hearing before the Planning Commission will be held to determine whether or not the Planning Commission shall determine that the Conditional Use Permit expired. Notice of the hearing shall be given in accordance with Section 9.03.040. The Planning Commission shall take evidence regarding what use, if any, the permit holder has made of the Conditional Use Permit and determine if such use is significant to justify extending or continuing the Conditional Use Permit. Additionally, if after commencement of the use under the Conditional Use Permit, the active use of the Conditional Use Permit is discontinued for a period of three (3) years, then the Conditional Use Permit shall be deemed abandoned." Sectson 9.04.020 (b)(12) page 6 Outdoor temporary swap meets or auctions, events per calendar, not exceeding 4 consecutive days. SECTION 4. DeveloDment Plan Process Purpose This section establishes the processing requirements and procedures for the development of property within the City of Temecula. Description As stated above, this Code distinguishes between the use of property and the development of property. The development plan process replaces what was the plot plan process under the Ordinance 348. Three levels of review have been established consistent with the existing approval authority. These levels are staff, Director's Hearing and the Planning Commission. The provisions of each authority is outlined in the Code. Under this Code, single family residential development will require Development Review approval. Previously, single family residential development in an R-2 district required plot plan review. Changes The following changes are proposed: Section 9.05.010 (d)(1) page 2 Approval bv the Director of Plannine: When a proposed project is less than 10,000square feet of new building area, ~ii~ii~i~!iii~i~i~ii and requires ... Attachment: 1. March 5, 1995 letter from Rainbow Canyon Villages Homeowners Association - Blue Page 7 ATTACHMENT NO. 1 MARCH 5, 1995 Lhl IER FROM RAINBOW CANYON VILLAGES HOMEOWNERS ASSOCIATION RAINBOW CANYON VILLAGES HOMEO WNERS ASSOCIATION FO Box 1674 Teraecula, CA 92593 Telephone 694~)822 March 5, 1995 City of Temecula 43174 Business Park Drive, Temecula, CA 92590 t?ECEiVEo ;. ? .e35 Atm: Mr. John Meyer, Senior Planner In accordance with the offer of Linda Beaudoin, there is enclosed with this letter my comments to the Draft Development Code 9.04.030 dated July 6, 1994. Our HOA is concerned with the developing issue of home occupations. At the moment, we are trying to dislodge a hair salon and an automotive repair facility because of complaints of neighbors regarding the excessive vehicle traffic and parked cars. Additionally, we have a resident who periodically raises dogs for sale and the noise and odor of the dogs is offensive to several nearby residents. It is these cases that sensitizes us to the necessity of regulating home occupations in a way that permits inoffensive occupations, such as bookkeeping, computer design, consulting, arts and crafts and light woodworking, but does not permit offensive or disturbing activities such as those noted above. Therefore, speaking for the Board of Directors and most of our members, I am grateful for the opportunity to comment on the draft regulation and hope that it will lead to maintaining the residential character and value of our neighborhood. My special thanks to Linda for her helpfulness. It is also importam that the Home Occupation Certification list all the criteria contained in the Development Code. Also, the Certification must contain a section that describes the exact namm of the occupation being certified in addition to the name of the business, which we all know does not always tell what the business really does. I am fully retired and spend much of my time at home tending to the business of the HOA, so if you have any questions or comments, I can always be reached at (909) 695-2278. ~m~Theurich, Presihe~ent Enclosure cc: Linda Beaudoin w/encl. 3/5/95 Comments and Recommendations for City of Temecula Development Code 9.04.030 (Draft) Introduction: It is the purpose of this note to offer thoughtful comments and helpful recommendations to the draft of the Home Occupation Permits section of the City of Temecula Development Code. For ease of understanding, the outline of this note follows the same paragraph structure as the draft. Comments are made in relation to noted paragraph and the recommended wording changes are shown in bold face type. The comments and recommendations are derived largely from our experiences within the Rainbow Canyon Villages HOA, which contains 429 homes composed of 372 owner occupied residences and 57 rentals. 1. Paragraph (a) Purpose and Intent Comment: This section's first paragraph is an intention and not a purpose. Additionally, the second paragraph does not state its purpose or intention and contains vague and poorly defined language, too subject to misinterpretation, i.e. "...does not require frequent customer access..." Who defines what is "frequent", and what is "frequent" versus "normal, usual or customary. It also implies that customers and the associated trafftc are welcomed at home occupations, which is one of the most irritating features of some home occupations and one which has one of the most direct impact on reducing the surrounding residents' enjoyment of their residence and neighborhood. I hope this is not the intent and purpose of the proposed permit. Recommendation: I recommend replacing the entire paragraph (a) with the following: (a) Purpose and Intent: It is the purpose of this section to regulate home occupations in residential zones in a manner that will ensure they are used only as accessory uses that are incidental to the primary residential use of the premises upon which they are found. It is the intent of this section that home occupations shall not be inconsistent with nor disruptive of the normal residential usage of the premises nor shall home occupations cause external effects that are detrimental to neighboring properties or which are incompatible with the characteristics of the residential area. 2. Paragraph (b) Application Requirements and Procedure Comment: I believe in the second sentence there should be a period after "...Planning Director ". Recommendation: Change the last sentence to read: A Home Occupation Permit and Home Occupation Certification shall state the exact nature of the home occupation and shall be granted ONLY if the request conforms to ALL of the requirements listed below. 3. Paragraph (8) Comment: Needs strengthening. Recommendation 1.: After "No use shall...", add: "be detrimental the residential neighborhood and shall not...". Recommendation 2.: After "...public nuisances due to..." add: "vehicle or pedestrian traffic,..." 4. Paragraph (9) Comment: This paragraph should limit customers, clients, parmers and non-resident employees. Recommendation: To the end of the existing language, add the following: "Non-resident employees, customers, clients and partners may not be on the premises." 5. Paragraph (10) Comment: Too vague and subjective; what is "excessive or unsightly". Recommendation: Delete paragraph (10) in its entirety and replace with the following: "Outdoor storage of materials or products associated with the home occupation on the premises is not permitted. Indoor storage of materials or products associated with the home occupation shall not exceed one thousand (1,000) cubic feet for the entire premises or any more restrictive limitation imposed by the Building and Housing Codes, or the County Health Department." 6. Paragraph (11) Comment: Too vague. Additional vehicle or pedestrian traffic is addressed in paragraph 3, above. Recommendation: Delete this paragraph. 7. Paragraph (14) Comment: A simple agreement seems weak. Application for a Driver's License requires taking an oath, under penalty of perjury, that the information is true. Why not the same here? Recommendation: Replace (14) with the following: "The applicant shall take an oath that the home occupation complies with all the requirements of this section before signing the application." 8. Add the following paragraphs: "Home occupations, except for horticultural uses, shall be conducted within a structure on the premises." "Home occupations shall not cause the elimination or reduction, in any manner, of off-street parking." "Garage, yard, alley, swap meet and similar sales in residentially zoned areas shall be limited to three (3) per year not to exceed two (2) days each per premises." "Failure to comply with this regulation shall constitute a violation of the Municipal Code and be subject to prosecution under Municipal Code Section XXX.YYY." A. Theurich, President Rainbow Canyon Homeowners Association