HomeMy WebLinkAbout01_042 PC ResolutionPC RESOLUTION NO. 2001-042
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TEMECULA RECOMMENDING THAT THE CITY
COUNCIL NOT APPROVE AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE STANDARDS FOR
SECONDARY DWELLING UNITS (PLANNING
APPLICATION 01-0566)"
WHEREAS, on November 9, 1993, the City Council of the City of Temecula adopted
the General Plan; and
WHEREAS, on January 25, 1995, the City Council of the City of Temecula adopted
the City's Development Code; and
WHEREAS, the City has identified a need to amend the adopted Development Code
to better address second dwelling units; and
WHEREAS, the Planning Commission considered the proposed amendment on
December 5, 2001, at a duly noticed public hearing as prescribed by law, at which time the
City staff and interested persons had an opportunity to, an did testify either in support or
opposition to this matter;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recommendation. That the City of Temecula Planning Commission
hereby recommends that the City Council not approve an ordinance amending Chapter 17
of the Temecula Municipal Code to modify the provisions regulating the size of Secondary
Dwelling Units within the City of Temecula.
Section 2. Reasons for the Recommendation of Denial. In making this
recommendation for denial to the City Council, the Planning Commission stated the
following reasons.
A. Allowing larger secondary dwelling units on large lots would create a
situation that is not consistent with the intent of State law. The Commission felt that the
creation of a rental income possibility for the property owner was not intended by the State
Legislature.
B. The larger secondary dwelling units would result in significant
negative impacts to existing neighborhoods. Specifically, that these larger units would result
in significant additional traffic, parking, noise, and public safety impacts.
C. That larger secondary dwelling units would result in an intensity of use
and development that would be inconsistent with the character of large lot areas within the
City.
D. That larger secondary dwelling units would result in additional
opportunities for rental housing and the potential for increases in overcrowding.
E. That the need for the proposed amendment to allow larger Secondary
Dwelling Units had not been demonstrated and that insufficient justification for this
ordinance changes had been provided.
Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of December, 2001.
Dennis Chiniaeff,
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 5th day of
December, 2001, by the following vote of the Commission:
AYES: 4
NOES: 0
ABSENT: 1
ABSTAIN: 0
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
Chiniaeff, Matthewson, Ohlasso,
Telesio
Guerriero
Debbie Ubnbs~k~e, Secreta. ht
EXHIBIT A
ORDINANCE NO. 01-
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EXHIBIT A
ORDINANCE NO. 01-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MODIFY THE STANDARDS FOR SECOND
DWELLING UNITS (PLANNING APPLICATION 01-0566)
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, the Planning Commission held duly noticed public hearing on August 15, 2001,
and recommended that the City Council approve the attached amendments to the City Municipal
Code; 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 ,2001 to
consider the proposed amendments to the City Zoning Map and the Temecula Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Section 17.06.050.M is hereby amended as follows:
A. Amend Subparagraph 3 to read as follows, "A secondary dwelling unit on a
residential lot may be either attached to or detached from the primary dwelling unit."
B. Amend Subparagraph 4 to read as follows: "A secondary dwelling unit on a
lot less than 1 acre shall not exceed 75 percent of the floor area of the primary dwelling .unit and
shall not exceed 1,200 square feet."
C. Add a new Subparagraph 5 to read as follows, "A secondary dwelling unit on
a lot of 1 acre or greater shall not exceed not exceed 75 peFcent of the floor area of the primary
dwelling unit and shall not exceed 2,000 square feet."
D. Renumber Subparagraphs 5, 6 and 7 to 6, 7 and 8, respectively.
Section 2. The following definition in Chapter Section 17.34 are hereby amended to read as
follows: ""Secondary dwelling unit" means an additional dwelling unit to a primary residence on a
parcel zoned for single-family residence which may be rented and provides complete independent
living facilities' for one or more persons."
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Section 3. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shatl 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 4. Environmental Compliance An Environmental Checklist was prepared for this
project to determine if the proposed amendments would result in any environmental impacts beyond
those impacts identified in the Final Environmental Impact Repod for the General Plan and the
supplemental analysis prepared for the original Development Code. The Checklist indicated that
the proposed amendments would not result in impacts beyond those originally anticipated for the
City General Plan and the supplementalanalysis prepared fortheoriginaIDevelopmentCode. Asa
result, the Planning Commission recommends that the City Council make a determination that the
potential impacts of these changes were adequately addressed by the Final Environmental Impact
Report for the General Plan and that no further environmental analysis is required.
Section $. 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 Council members
voting thereon, it shall be published in a newspaper published and circulated in said City.
PASSED, APPROVED AND ADOPTED this __th day of ,2001.
ATTEST:
Jeff Comerchero, Mayor
Susan W. Jones, CMC
City Clerk
[SEAL]
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. 01- was dully introduced and placed upon its first reading at a regular
meeting of the City Council on the __th day of ,2001 and that thereafter, said Ordinance was
duly adopted and passed at a regular meeting of the City Council on the th day of
2001, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Susan W. Jones, CMC
City Clerk
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