HomeMy WebLinkAbout96_031 PC ResolutionPC RESOLUTION NO. 96-31
A RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE
AN ORDINANCE ENTITLE~ "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TEMECULA AMENDING CHAPTER 17 OF THE
TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND
OTHER MINOR CHANGES TO THE DEVELOPMENT CODE"
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
WItEREAS, the City has identified a need to amend the adopted Development Code; and
WftEREAS, notice of the proposed Ordinance was posted at City Hall, County Library,
Rancho California Branch, the U.S. Post Office and the Temecula Valley Chamber of Commerce;
and,
WHEREAS, a public heating was conducted on September 30, 1996, at which time
interested persons had an opportunity to testify either in support or opposition.
NOW, THEREFORE, THE PLANNING COMMISSION FOR THE CITY OF
TEMECULA DOES HEREBY RECOMMENDS THAT THE COUNCIL APPROVE AN
ORDINANCE ENTITLED AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA MUNICIPAL CODE TO
MAKE TYPOGRAPHIC AND OTHER MINOR CHANGES TO THE DEVELOPMENT
CODE" THAT IS SUBSTANTIALLY IN THE FORM ATTACHED TO THIS
RESOLUTION AS EXHIBIT A.
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PASSED, APPROVED, AND ADOPTED this 30th day of September, 1996.
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 30th day of
September, 1996 by the following vote of the Commission:
AYES:
PLANNING COMMISSIONERS:
NOES:
PLANNING COMMISSIONERS:
ABSENT:
PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
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ATTACHMENT NO. 1
ORDINANCE NO. 96-
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ATTACHMENT NO. 1
ORDINANCE NO. 96-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING CHAPTER 17 OF THE TEMECULA
MUNICIPAL CODE TO MAKE TYPOGRAPHIC AND OTHER MINOR
CHANGES TO THE DEVELOPMENT CODE
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. F_Jadiag~ The City Council of the City of Temecula hereby makes the
following findings:
A. That 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 plan as may be in effect in any such city; and
B. That there is a need to amend the Development Code to ensure its clarity and
completeness; and
C. That this Ordinance complies with all the applicable requirements of State law and
local ordinances.
Section 2. The following minor typographic errors and incorrect Code references of
Chapters 17.01 through 17.34 of the Temecula Municipal Code are hereby amended to read as
follows:
A. Section 17.02.010/Table 9.02(a) Relabel as Table 17.02(a).
B. Section 17.02.020/Table 9.02(b) Relabel as Table 17.02(b).
C. Section 17.02.030 Fill in the date blank with "December 19, 1995".
D. Section 17.03.010/Table 9.03a Relabel as Table 17.03(a).
E. Section 17.03.020(a)(4)
"17.01" to "17.03.090".
At the end of this item, amend Code reference from
F. Section 17.03.060 (c)O)
"17.03" to "17.03.090".
At the end of this item, amend Code reference from
G. Section 17.03.060(e) Replace the word "Action" with "Decision" in the title and
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amend this section to read as follows: "Notice of decision upon an application for a Minor
Exception shall be in accordance with Section 17.03.040(e) of this Development Code."
H. Section 17.03.0900) At the end of this item, amend Code reference from
"17.03.040(f)" to" 17.04.040(f)".
I. Section 17.04.010(a) Replace the code reference in the second sentence of the
second paragraph from "17.03.100" to "17.03.090".
J. Section 17.04.010(0 Replace the word "Action" with "Decision" in the title and
amend this section to read as follows: "Notice of decision upon an application for a Conditional
Use Permit shall be in accordance with Section 17.03.040(e) of this Development Code."
K. Section 17.04.020 (c)
"17.03.100" to "17.03.090".
At the end of this item, amend Code reference from
L. Section 17.04.020(0 At the end of this item, amend Code reference from
"17.03.090" to "17.03.080".
M. Section 17.04.030(a) In line two, replace "to those which" with "that".
N. Section 17.04.030(d)(2) In line two, after the words "is likely" add "to be".
O. Section 17.04.030(e) At the end of this item, amend Code reference from
"17.03.090" to "17.03.080".
P. Section 17.04.040 (c)
'17.03.100" to "17.03.090".
At the end of this item, amend Code reference from
Q. Section 17.04.040 (e)
"17.03.100" to "17.03.090".
At the end of this item, amend Code reference from
R. Section 17.04.040 Relahel the second section 17.04.040 "(f)' to '(h)" and
amend the Code reference from "17.03.090" to "17.03.080".
S. Section 17.04.040(g) Replace the word "Action" with "Decision" in the title and
amend this section to read as follows: "Notice of decision upon an application for a Variance shall
be in accordance with Section 17.03.040(e) of this Development Code."
T. Section 17.05.010(e) Replace the word "Action" with "Decision" title and amend
this section to read as follows: "Notice of decision upon an application for a Development Plan
shall be in accordance with Section 17.03.040(e) of this Development Code."
U. Section 17.05.010(i) At the end of this item, amend Code reference from
"17.03.090" to "17.03.080".
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V. Section 17.05.020(b) Delete" reviewed by the approval body" from the end of the
last sentence.
W. Section 17.05.020 (c)
"17.03.020" to "17.03.030".
At the end of this item, amend Code reference from
X. Section 17.05.020 (i)
"17.03.090" to "17.03.080".
At the end of this item, amend Code reference from
Y. Section 17.06.030/Table 17.06(a) Replace the "-*" for Duplex (two-family
dwellings) in the L-l, L-2, and LM Zones with the following symbol ,_2,,.
Z. Section 17.06.030/Table 17.06(a) Replace the unnumbered "*" footnote with the
follow'mg: "2 A Duplex or two family dwelling may be permitted on comer lots with a Planned
Development Overlay pursuant to the provisions of Chapter 17.22."
AA. Section 17.06.050/Table 17.06(e) Add the words "and air conditioning units"
after the word "Chimneys".
BB. Section 17.06.050(e) At the end of the first sentence, add "or building" after
"property line".
CC. Section 17.06.060(b)(3) Amend this subsection to read as follows: "Street trees
shall be planted along all streets in residential areas. On any street, at least one (i) street tree shall
be provided at the front of each residential lot and in street side yard, slope, landscape, and similar
areas, at least (1) street tree per forty five (45) linear feet of street shall also be provided."
DD. Section 17.06.070/Table 17.06(e) Should be relabeled as Table 17.06 (f).
EE. Throughout Title 17 Change all references from "I-ITC" to "I-IT".
FF. 17.08.040/Table 17.08 (b) Add the following lines from Table 17.08(c) to Table
17.08Co): "Interior Side Yard, Rear Yard, and Accessory Structure" between "Yard Area adjacent
to a street" and uYard Areas adjacent to a residentially zoned property".
GG. Section 17.08.050(g)(2)(b) At the end of this item, amend Code reference from
u17.03.100" to "17.03.090".
I-IH. Section 17.08.050(i)(1) Between "be" and "screened" in the second sentence
add "located on appropriate paving and be"
II. Section 17.08.050(m)(1) Add the word "be" between "shall" and "required".
J1. Section 17.08.060(d)(1) Replace the first sentence with the following:
"Setback areas that are not used for vehicular and pedestrian access shall be landscaped."
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KK. Section 17.08.070/Table 17.08(e) Should be relabeled as Table 17.08(d).
LL. Section 17.16.020Co)At the end of this item, amend Code reference from
"17.03.100" to "17.03.040".
IVlM. Section 17.18.020Co)Replace the second sentence of this subsection with the
following: "Notice of heatings shall be given pursuant to the requirements of Section 17.03.040
of the Development Code".
NN. Section 17.22.060 Delete the second "by the same procedure" in the second
sentence.
OO. Section 17.24.020Co) Replace the word "site" with "development" in the first
sentence.
PP. Section 17.24.020Co) At the end of this item, amend Code reference from "Section
17.03.020" to "Chapter 17.05".
QQ. Section 17.24.020(d)(1)(h) In line two, change "11.2 tons" to "lV2 tons".
RR. Section 17.24.020(d)(4) (c) In the fourth e, replace "; or" with ,.,
SS. Sections 17.24.030(a) and 17.24.030Co) At the end of these items, amend the
Code references from "17.24.010(e)" to "17.24.020(e)".
Tr. Section 17.24.050 (c) Between "parking spaces" and "and" add the
following: ", recreational vehicle storage areas, material storage yards,".
UU. Section 17.24.060 (c)
"17.24(c)"to "17.24(a)".
In the first sentence, replace the table reference from
VV. Section 17.26.025 (e)
"17.03.100" to "17.03.090".
At the end of this item, amend Code reference from
WW. Section 17.34(s) In the definition of Secondary Dwelling Unit, delete the
second sentence of the definition that reads: "The floor space of an attached Secondary Dwelling
Unit may not exceed thirty (30) percent of the floor area of the living space of the primary
residence nor shall the floor space of a detached second unit exceed one thousand two hundred
(1,200) square feet."
XX. Section 17.06.050(m)(3) Add after the comma add the following "and may not
exceed thirty (30) percent of the floor area of the living space of the primary residence."
Section 3. The following minor changes to Chapters 17.01 through 17.34 of the
Temecula Municipal Code are hereby amended to read as follows:
A. Section 17.06.060(d)(5) Amend this Section to read as follows: "Slope banks
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five feet or greater in vertical height with slopes between 5:1 and 2:1 shall, at a minimum, be
irrigated and landscaped with an appropriate groundcover for erosion control.
a. Slope banks five (5) feet or greater in vertical height with slopes greater than or
equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate groundcover for
erosion control and to soften their appearance as follows:
1. One fifteen (15) gallon or larger tree per each 600 square feet of slope area;
slope area; and
One (1) gallon or larger shrub for each one hundred (100) square feet of
3. Appropriate ground cover.
b. Slope banks in excess of eight (8) feet in vertical height with slopes greater or equal
to 2:1 shall also provide one five (5) gallon or larger tree per each 1,000 square feet of slope area
in addition to the requirements of subsection a. above.
c. All trees and shrubs shall be planted in staggered clusters to soften and vary the
slope plane. Slope planting required by this Section shall include a permanent irrigation system
to be installed by the developer prior to occupancy."
B. 17.08.040/Table 17.08 (b) Add the following lines to the Table:
Fence, wall or hedge screening
outdoor storage - Minimum
Height
Fence, wall or hedge screening
outdoor storage - Maximum
Height
NC CC HT SC PO BP LI
6 ft 6 ft No, 6 ft 6 ft
allowed
6 ft 8 ft 8 ft 12 ft Not 12 ft 12 ft
allowed
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C. 17.08.040/Table 17.08 (c)
NC
Fence, wail or hedge screening
outdoor storage - Minimum
Height
Fence, wail or hedge screening
outdoor storage - Maximum
Height
Add the following lines to the Table:
CC HT SC PO BP L!
6 ft 6 ft sot 6 ft 6 ft
allowed
6 ft 8 ft 8 ff 12 ft Not 12 ft 12 ff
allowed
D. Section 17.08.060(d)(5) Amend this Section to read as follows: "Slope banks
five feet or greater in verticai height with slopes between 5:1 and 2:1 shail, at a minimum, be
irrigated and landscaped with an appropriate groundcover for erosion control.
a. Slope banks five (5) feet or greater in vertical height with slopes greater than or
equai to 3:1 shail, at a minimum, be irrigated and landscaped with appropriate groundcover for
erosion control and to soften their appearance as follows:
slope area; and
3.
One fifteen (15) gallon or larger tree per each 600 square feet of slope area;
One (1) gallon or larger shrub for each one hundred (100) square feet of
Appropriate ground cover.
b. Slope banks in excess of ten (10) feet in vertical height with slopes greater or equal
to 2:1 shall also provide one five (5) gallon or larger tree per each 1,000 square feet of slope area
in addition to the requirements of subsection a. above.
c. All trees and shrubs shail be planted in staggered clusters to soften and vary the
slope plane. Slope planting required by this Section shall include a permanent irrigation system
to be installed by the developer prior to occupancy."
Section 4. The land use matrix contained in Chapter 17.08/Table 17.08(a) of the
Temecula Municipal Code is hereby amended as follows:
A. Add the "C" symbol for Automotive Service Stations with or without an Automated
Car Wash in the PO and BP Zones.
Section 5. Severability The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shail hold any
sentence, paragraph, or Section of this ordinance to be invalid, such decision shail not affect the
validity of the remaining parts of this ordinance.
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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. The City
Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption
of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish
a summary of this Ordinance, together with the names of the Councilmembers voting for and
against the Ordinance, and post the same in the office of the City Clerk.
Section 7. PASSED, APPROVED, AND ADOPTED this 12th day of November,
1996.
Karel F. Lindemans, Mayor
ATrEST:
June S. Greek, City Clerk
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA
I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that
the foregoing Ordinance No. 96- was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the __ day of , 199__, and that
thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council
of the City of Temeeula on the __. day of , by the following roll call vote:
AYES:
COUNC1LMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
June S. Greek, City Clerk
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