HomeMy WebLinkAbout99-24 CC OrdinanceORDINANCE 99-24
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING THE SEVERAL CHAPTERS OF TITLE
17 TO RE-CATEGORIZE TEMPORARY USES, AMEND YARD
AND SETBACK REQUIREMENTS FOR ACCESSORY
STRUCTURES IN RESIDENTIAL ZONES, CLARIFY FLOOR
AREA RATIO BONUS PROVISIONS, AND MAKE NUMEROUS
MINOR MODIFICATIONS TO TITLE 17 OF THE TEMECULA
MUNICIPAL CODE (PLANNING APPLICATION PA99-0197)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 17.04.020.B of the Temecula Municipal Code is hereby amended
to read as follows:
61Bo
Permitted Uses. Temporary uses are divided into two general categories, minor
and major. Major temporary uses have a potential to create health and safety
problems, can occur on undeveloped property, could create traffic problems,
and/or could potentially disrupt community life. Minor temporary uses occur on
developed private property, generally commercial, for very short time periods.
These temporary uses produce little noise, and have no impacts to adjacent
properties or to traffic and public safety.
Major Temporary Uses. The following major temporary uses may be
permitted, subject to the issuance of a temporary use permit.
am
Real estate offices and model homes within approved
development projects.
On- and off-site contractors' construction yards in conjunction with
an approved active development project.
Trailers, coaches or mobile homes as a temporary residence of
the property owner when a valid residential building permit is in
force. The permit may be granted for up to one hundred eighty
days, or upon expiration of the building permit, whichever first
occurs.
Christmas tree sales lots, however, a permit shall not be required
when such sale is in conjunction with an established commercial
business holding a valid business license, provided such activity
shall be only held from November 1st through December 31st.
ee
Fairs, festivals and concerts, when not held within premises
designed to accommodate such events, such as auditoriums,
stadiums, or other public assembly facilities.
f. Pumpkin sales lots.
g. Seasonal sale of agricultural products.
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Outdoor temporary swap meets or auctions, limited to two events
per calendar year, not exceeding four consecutive days.
Minor Temporary Uses. The following minor temporary uses may be
permitted, subject to the issuance of a temporary use permit.
Outdoor display and sales of merchandise within commercial land
use districts, limited to two events per calendar year, not
exceeding four consecutive days, including only merchandise
customarily sold on the premises by a permanently established
business.
Public health and safety activities including emergency clinics and
temporary inoculation centers.
c. Sidewalk sale and vendor stands (non-mobile).
d. Flower sales (non-mobile).
e. Special lighting exhibits including spotlights.
f=
Veterinary clinics on developed sites that are not in conjunction
with a veterinary facility (i.e., pet store, groomer).
For temporary uses that are not listed in Subsections B.1 and B.2, the
director of planning may, at his/her sole discretion, determine whether an
unlisted temporary use should be classified as major or minor. This
determination shall be based upon the similarities and differences with
the above listed uses and an assessment of the proposed temporary
use's compatibility with the zoning district and surrounding land uses."
SECTION 2. The following changes are hereby made to Chapter 17.06.
A. Section 17.06.050.D.3 is hereby amended to read as follows:
"Separation. Accessory structures shall maintain a minimum separation of at least three feet
from all other structures unless attached to the main structure. Except that storage and utility
structures that are larger than 120 square feet shall not be located within six feet of another
structure. Eaves or roof overhangs may not extend more than 1 foot into this six foot area from
either direction."
B. Add the following lines to Table 17.06.050D:
Accessory Structure
Detached Second Unit
Detached Granny Flat
Front Setback Rear Setback Side Setback
Not permitted in Refer to the rear Refer to the side
the actual front yard setbacks in yard setbacks in
yard. Table 17.06.040 Table 17.06.040
Not permitted in Refer to the rear Refer to the side
the actual front yard setbacks in yard setbacks in
yard. Table 17.06.040 Table 17.06.040
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C. In Table 17.06.050.D, add a footnote 2 to the Storage/Utility enclosure
accessory structure line description, and add the following text to the end of the table. "2.
Accessory structures with walls must be separated from other accessory and primary structures
by at least six feet."
D. To the end of Table 17.06.050D, add a Footnote 3 that reads as follows:
"Second units and granny fiats that are attached to the main structure shall comply with the
setback and yard requirements contained in Table 17.06.040."
E. Amend Paragraph 17.06.050.M.3 to read as follows: "An attached
second unit on a residential lot shall have a floor area between four hundred and one thousand
two hundred square feet."
SECTION 3. Section 17.06.050.H is hereby amended to read as follows:
l~FI'
Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing,
congregate care facilities, and affordable housing projects are permitted in the
zoning districts identified below subject to the approval of a development plan.
Affordable senior housing projects shall comply with the affordable housing
provisions contained in Subsection 17.06.050.H.3.
Senior housing shall comply with all the provisions of the Development
Code unless modified by the following provisions:
a. The maximum densities for senior housing projects are as follows:
In the H residential zoning district, the maximum density
shall be thirty (30) units per acre.
ii.
In the M residential zoning district, the maximum density
shall be twenty (20) units per acre.
iii.
In the LM residential zoning district the maximum density
shall be eight (8) units per acre.
iv,
In all approved Specific Plans, the maximum density shall
not exceed 50% of the target density in the planning area.
The net livable area for each dwelling unit shall not be less than
four hundred (400) square feet for an efficiency unit, five hundred
fifty (550) square feet for a one-bedroom unit, and seven hundred
(700) square feet for a two-bedroom unit. Kitchenettes may be
permitted, provided they are sized to meet the immediate needs of
the occupants of the unit.
Congregate care projects shall comply with all the provisions of the
Development Code unless modified by the following provisions:
The maximum densities for congregate care facilities are not
limited specifically to density requirements so long as all the site
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=
development standards are met (i.e. required setbacks, parking,
landscaping, open space, etc.)
be
The handicapped units shall comply with the standards set forth in
Title 24 of the California Code of Regulations.
Affordable housing and affordable senior housing projects are entitled to
receive various incentives provided the project meets the requirements of
Section 65915 of the California Government Code. Affordable housing
projects will receive at least one incentive from Subsection
17.06.050.H.3.a and at least one concession from Subsection
17.06.050.H.3.b. The project incentives and concessions are as follows:
Density Incentives. Affordable housing projects are entitled to
receive an increase in the allowable density of at least 25% over
the density target in each residential zoning district. After
receiving the required density bonus, the maximum densities for
affordable housing projects are as follows:
In the H residential zoning district, the maximum density
shall be thirty (30) units per acre.
ii.
In the M residential zoning district, the maximum density
shall be eighteen (18) units per acre.
iii.
In the LM residential zoning district, the maximum density
shall be eight (8) units per acre.
iv.
In all approved Specific Plans, the maximum density bonus
shall not exceed 50% of the target density in the planning
area.
Development Standard Concessions. Any of the following
development standard concessions may be granted by the
approval authority for the project, unless a finding is made that
these concessions are not necessary to provide the affordable
housing units being proposed:
An increase in the amount of required lot coverage;
ii. A modification to the setback or required yard provisions;
iii. An increase in the maximum allowable building height;
iv. A reduction in the amount of required on-site parking;
A reduction in the amount of onsite landscaping, except
that no reduction in on-site recreational amenities may not
be approved unless the affordable housing is in a close
and easily accessible proximity to a public park with
recreational amenities;
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vi. A reduction in the minimum lot area; or,
vii.
Approval of an affordable housing project in the
Professional Office zone with the approval of a conditional
use permit.
The provisions of this Subsection also applies to all approved specific
plans within the City of Temecula unless the specific plan contains
specific standards for the type of housing being considered."
SECTION 4. The following provisions related to senior and congregate care housing are
also amend as described below:
A. Amend Footnote 1 of Table 17.06.040 to read as follows: "Affordable
housing and congregate care facilities may exceed the stated densities pursuant to the
provisions of Section 17.06.050.H.'
B. In Table 17.08.030, add a notation for Footnote 5 to the "Congregate care
housing for the elderly" and "Senior citizen housing" uses in the Description of Use category and
add a Footnote 5 that reads as follows: "In the CC, SC, HT and PO Zones, all senior housing
residential projects shall use the development and performance standards for the High Density
Residential zone and the provisions contained in Section 17.06.050.H. In the NC Zone, all
senior housing residential projects shall use the development and performance standards for
the Medium Density Residential zone and the provisions contained in Section 17.06.050.H."
C. To Table 17.08.030, add the following line:
Description of Use
Affordable housing
NC CC I HT SC I PO BP ILl
- - - }C - -
D. Add Footnote 6 to the end of Table 17.08.030: "6. Subject the provisions
contained in Subsection 17.06.050.H.'
SECTION 5. The following provisions of the Temecula Municipal Code are also
amended as follows:
follows:
The first three lines of Table 17.06.040 are hereby amended to read as
Residential
Development Standards
LOT AREA
Minimum net lot area
(square feet)
Minimum gross lot area
(acres)
Maximum number of
1
dwelling units per acre
HR VL L-1 L-2
10 2.5 1
LM M I H
7,200 7,200 7,200
12 20
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B. In Table 17.08.030, delete the phrase "less than 5,000 sq. ft." from
"Governmental offices" description of use.
C. Section 17.08.050.A is hereby amended to read as follows:
Commercial/Office/Industrial Incentives - Increases in the Floor Area Ratio. As a
part of the process of reviewing and approving an application for a development
plan or conditional use permit, the approval authority may consider an increase in
the maximum allowable intensity as indicated in Tables 17.08.040.A and B. The
amount of the increased intensity shall not exceed the maximum of the density
range or floor area ratio stated for the specific land use designation. The
requested increase may not be approved if the community development director,
upon the advice of the city engineer, determines that the increased intensity
would create an unmitigatable impact upon traffic circulation or would overburden
any utilities serving the area. To be eligible for an increase in the floor area ratio,
the applicant must meet at least one of the following criteria.
The project includes use(s) which provide outstanding and exceptional
benefits to the city with respect to the employment, fiscal, social and
economic needs of the community. Examples include: the provision of
affordable housing that is easily accessible to and within close proximity
to convenient shopping and employment, accessibility to mass transit
facilities, and creative mixtures of land uses, housing types and densities.
The project provides exceptional architectural and landscape design
amenities which reflect an attractive image and character for the city.
Examples include: extraordinary architectural design and landscaped
entry features (may be within the public right-of-way), public trail systems,
public plazas or gathering spaces, and recreational features in excess of
what is required by this code.
The project provides enhanced public facilities that are needed by the
city, beyond those required mitigation impact measures. Examples
include: the provision of community meeting centers, enhanced
transportation improvements, police or fire stations, public recreation
facilities, and common parking areas or structures to serve the
community."
D. Section 17.24.040.G is hereby amended to read as follows: "Facilities
with over twenty-five vehicle parking spaces shall provide a minimum of one motorcycle parking
space, plus one space for each additional twenty five required parking spaces. After the initial
one hundred (100) parking spaces, one additional motorcycle parking space for each additional
one hundred required spaces shall also be provided."
E. In Table 17.03.010, Conditional Use Permits - new building, less than
10,000 sq. ~ or greater, delete the words "less than".
F. In Section 17.08.050.P.6, change the word "creams" to "creates".
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G. In Section 17.16.070, incorporate the following specific plan references
adopted by Ordinance 98-13:"SP-9 Redhawk Specific Plan (Previous reference: SP #217)"
and "SP-10 Vail Ranch Specific Plan (Previous reference: SP #223)."
H. In Section 17.22.040, the second sentence is hereby amended to read as
follows: "When an application for a planned development overlay district is filed, the concurrent
preparation and approval of a development plan may be required by the director of planning to
ensure that all appropriate site development details and compatibility issues are addressed."
In the first sentence of 17.24.020.E, change the word "my" to "any".
J. In Section 17.24.050.A, after the words "within enclosed garages shall"
insert the words "have an interior dimension of at least".
K. In the title and first sentence of Section 17.24.050.1, change the words
"From" to "Front" and "from" to "front".
Modify the building size column in Table 17.24.060 to read as follows:
"10,000 or less
10,001 to 20,000
20,001 to 50,000
50,001 or greater"
"17.28.060".
In Section 17.28.040.Q, correct the code citation from "17.12.060" to
SECTION 6. 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 7. 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 8. 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.
SECTION 9. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
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PASSED, APPROVED AND ADOPTED this 28th day of Sep r, 199/~ Z
n J Ford
S ve , Mayor
ATTEST:
Susan W Jon s CMC/AAE
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC/AAE, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 99-24 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 14th day of September, 1999 and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 28th
day of September, 1999, by the following vote:
AYES:
4 COUNCILMEMBERS:
Comerchero, Lindemans, Stone, Ford
NOES:
0 COUNCILMEMBERS: None
ABSENT: 1
COUNCILMEMBERS:
Roberts
Susan Jones "MC/AAE
ity Clerk
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