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HomeMy WebLinkAbout01_031 PC ResolutionPC RESOLUTION NO. 2001-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 8 AND 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE TYPOGRAPHICAL 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 WHEREAS, the City has identified a need to amend the adopted Development Code; and WHEREAS, the Planning Commission considered the proposed amendment on August 1, 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. Approval. That the City of Temecula Planning Commission hereby recommends that the City Council approve an ordinance of the City Council of the City of Temecula amending Chapters 8 and 17 of the Temecula Municipal Code to make typographical and other minor changes to the Municipal Code that is substantially in the form attached to this resolution as Exhibit A. Section 2. 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 Report for the General Plan. The Checklist indicated that the proposed amendments would not result in impacts beyond those originally anticipated for the City General Plan and the supplemental analysis prepared for the original Development Code. As a 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. R:\DEVCODE\01-0120 Amendment\PC Resolution.doc 1 Section 3. Planning Commission th~s' 15th day of August 2001. ATTEST: PASSED, APPROVED AND ADOPTED by the City of Temecula ~iniaeff~ Debbie [Jbnoske, Secretary [SEAL] · STATE OF CALIFORNIA ) · ~'COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01-031 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of August, 2001, by the following vote: AYES: 4 NOES: 0 ABSENT: 1 ABSTAIN: 0 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Mathewson, Olhasso, Telesio, and Chairman Chiniaeff None Guerriero None Debbie Ubnoske, Secretary R:\DEVCODE~01-0120 Amendment\PC Resolution.dcc 2 EXHIBIT A ORDINANCE NO. 01- R:\DEVCODE~01-0120 Amendment\PC Resolution.doc 3 EXHIBIT A ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTERS 8 AND 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE MINOR CHANGES TO THE DEVELOPMENT CODE (PLANNING APPLICATION 01- 0129) 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 Co~e requires that a zoning ordinance shall be consistent with the adopted General Plan of the city; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 15, 2001, and recommended that the City Council approve the following 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 September 11, 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. Amendments To The City Municipal Code. The following minor code clarifications to Chapter 17 of the Temecula Municipal Code are hereby amended to read as follows: A. Amend Section 17.06.020.E read, "Medium Density Residential (M). The medium density residential zoning district is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes, with a density range of 7 - 12 dwelling units per acre." B. Amend Section 17.06.020.F to read, "High Density Residential (H). The high density residential zoning district is intended to provide for the development of attached residential development. Typical housing types may include townhouses, stacked dwellings and apartments, with a density range of 13 - 20 dwelling units per acre." C. Amend Section 17.06.040, Table 17.06.040, amend the portion with the heading "Minimum gross lot area (acres)" to read, "Minimum net lot area (acres)". R:\DEVCODE~01-0120 Amendment\PC Resolution.doc 4 D. Amend Tables 17.08.040A and B of Section 17.08.040 to add superscript numeral 1 to the end of the heading to read, "Minimum required landscaped open spaceTM. E. Amend Tables 17.08.040.A and B of Section 17.08.040 to include a notes section with a note that reads: "1. Minimum required landscaped open space area does not include the necessary planting within the right-of-way." F. Amend Section 17.08.070.C.2 to include an item d which reads, "Long unarticulated walls should be avoided. Wall planes should not extend in a continuous direction for greater than fifty (50) feet without an offset or enhanced architecture articulation." G. Amend Section 17.24.040.E., to read, "Compact Car Parking. Compact car parking spaces shall not be allowed." H. Amend Section 17.24.050.H.6 to read, "All interior landscaped islands adjacent to vehicle parking spaces shall be protected and enclosed in a 12 inch concrete curb no less than 6 inches in height." I. Amend Section 17.28.600.C.l.e to read, 'q'he maximum duration for attached promotional signs during the first through third quarters (January through September) of the year is one thirty (30) day period per quarter, with a consecutive sixty (60) day down period, during which time promotional signs are not permitted. During the fourth quarter (October through December) promotional signs are permitted for two thirty (30) day periods provided that the temporary sign is down for at least thirty (30) days before the temporary signage is used again." J. Amend Section 17.34.010 to read, '"'Lot coverage" means that portion of the lot that is covered by buildings and structures, which is derived as the quotient of the gross lot acreage divided by the area covered by the footprint(s) of the buildings or structures." Section 2. Amendments To The City Municipal Code. The following typographic error corrections to Chapters 8 and 17 of the Temecula Municipal Code are hereby amended to read as follows: A. Amend the first sentence of Section 8.16.060 to read, "If at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the board of appeals, compliance has not been accomplished, the officer issuing the notice or the agency of which he is an officer may order the hazardous vegetation to be removed by public officers or by employees of said ag.ency, or may cause removal to be carried out by a private contractor selected by the City in accordance with applicable statutes and in the manner and under the terms specified by the City Council." B. Amend the second sentence of Section 8.16.060 to read, 'q'he cost of such removal accompanied by a reasonable administrative charge may be imposed as a special assessment upon the property, and such property shall be subject to a special assessment lien for such purpose." C. Section 17.05.010.H, amend the first sentence of the paragraph to read, '"1'he approving authority may, upon an application being filed within thirty days prior to the expiration, grant a time extension of one year (up to three extensions may be granted)." R:\DEVCODE\01-0120 Amendment\PC Resolution.doc 5 "Slope". Section 17.080.060.C.5, modify the first word in the first sentence to read Eo Planning. Section 17.24.040.A, amend the last sentence by capitalizing Director of 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 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 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 Report 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 supplemental analysis prepared for the original Development Code. As a 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 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 Council members voting thereon, it shall be published in a newspaper published and circulated in said City. R:\DEVCODE~01-0120 Amendment\PC Resolution.doc 6 PASSED, APPROVED AND ADOPTED this _th day of ,2001. ATTEST: Jeff Comerchero, Mayor Susan Wo 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: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Susan W. Jones, CMC City Clerk R:\DEVCODE\01-0120 Amendment\PC Resolution.doc 7