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HomeMy WebLinkAbout2025-12 CC Ordinance ORDINANCE NO. 2025-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING 1) MINOR REVISIONS TO BUSINESS LICENSE REQUIREMENTS, 2) REDUCE TIMELINE FOR NUISANCE ABATEMENT COST RECOUPMENT, 3) AMEND REQUIREMENTS FOR MODIFICATIONS TO CONDITIONAL USE PERMITS TO COMPLY WITH CHAPTER 9.10 AND CHAPTER 17.09, 4) LIMIT HOME OCCUPATION BUSINESS APPOINTMENT FREQUENCY, 5) ADD A NOTE FOR RELIGIOUS INSTITUTIONS IN RESIDENTIAL ZONES TO FOLLOW EXISTING STANDARDS, 6) LIMIT ACCESSORY STRUCTURES TO A SINGLE STORY, 7) CLARIFY SHED SETBACK REQUIREMENTS, 8) AMEND BICYCLE PARKING REQUIREMENTS FOR MULTI-TENANT RESIDENTIAL DEVELOPMENTS, 9) REMOVE BARBER/BEAUTY SHOP AND PERSONAL SERVICE SHOP AS A PERMITTED USE IN THE LIGHT INDUSTRIAL AND BUSINESS PARK ZONING DISTRCITS, 10) AMEND ENERGY STORAGE STANDARDS, 11) PROHIBIT EXPOSED RACEWAYS FOR SIGNAGE, 12) PROHIBIT BUSINESS ADVERTISING ON COMMUNITY FEATURES, 13) ADD VARIOUS DEFINITIONS, AND 14) MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3), (LONG RANGE PROJECT NO. LR25-0004) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 5 (Business Licenses and Regulations),Title 8 (Health and Safety), Title 16 (Subdivisions and Title 17 (Zoning) of the Temecula Municipal Code. B. As required by State law, the Planning Commission considered the proposed amendments to Title 17(Zoning)of the Temecula Municipal Code("Code Amendments")on June 4, 2025, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted PC Resolution No. 2025-21, recommending that the City Council approve the Code Amendments. D. The City Council, at a regular meeting, considered the Ordinance on July 22,2025, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code: 1. The proposed uses are allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. Except for the amendments pertaining to the Business Park (BP) and Light Industrial (LI) Zoning designations, none of the proposed Code Amendments change the types of uses allowed in the city. The Code Amendments remove barber/beauty shops and personal service shops as permitted uses in the BP and LI zoning designations.These uses are inconsistent with the Business Park and Light Industrial land use designations and are being removed. All other proposed amendments are operational clarifications and administrative corrections and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed uses are in conformance with the goals, policies, programs, and guidelines of the elements of the general plan. The proposed changes to Titles 5, 8, 16,and 17 conform with the goals,policies,programs, and guidelines of the elements of the General Plan. The proposed changes make minor revisions to business license requirements,which furthers Policy 1.2 of the Economic Development Element of the Temecula General Plan, which is to "Encourage the growth and expansion of industry by providing high quality municipal services, facilities, and economic development assistance." The proposed changes amend commercial sign requirements to ensure design excellence is met which is consistent with Goal 1 of the Community Design Element of the Temecula General Plan which states, "Design excellence in site planning, architecture, landscape architecture and signs." The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and administrative corrections and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed uses are to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The majority of the Code 2 Amendments do not create or allow new uses where they were not previously allowed. Only the revisions to the Industrial and Business Park Zoning Districts impact the use of land. The Code Amendments remove barber/beauty shops and personal service shops as permitted uses in the LI and BP zoning designations. These uses are inconsistent with the types of uses permitted in the LI and BP Zoning districts and are being removed to ensure these zones are being appropriately used. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA")pursuant to Title 14 of the California Code of Regulations,Section 15061(b)(3)because it can be seen with certainty that there is no possibility that the Code Amendments would have a significant impact on the environment. The Code Amendments add various definitions, impose regulations on existing businesses, and make various typographical and clerical errors. but the proposed ordinance does not increase the intensity or density of any land use or allow any development where it was not otherwise permitted. Additionally,the proposed ordinance does not allow or authorize any construction or physical changes to the environment as such. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Item 11 of Subsection 5.04.140(A) of Section 5.04.140 (Certificate Application — Contents) of Chapter 5.04 (Business Licenses Generally) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 5.04.140 remaining unchanged: 11. Evidence that any and all state, federal or county permits or certificates required to conduct the applicable business or profession have been lawfully acquired. No application shall be deemed final until adequate evidence of such permits or certificate has been shown. Applicants shall provide certificate numbers as evidence. Except in cases where a city business license is required prior to issuance of another agency's approval whether a permit,license or similar;at the sole discretion of the Director of Finance or their designee. Section 5. Subsection B of Section 8.12.120(Cost accounting-Notification)of Chapter 8.12 (Nuisances) of Title 8 (Healthy and Safety) of the Temecula Municipal Code to read as follows with all other provisions of Section 8.12.120 remaining unchanged: B.Costs shall be assessed at the conclusion of the abatement;.in In the case of an abatement by any method which takes more than f,ix two months, costs may be assessed at any time after c nths, but o nt n e tha.. two times o r. two months, and again every two months thereafter. Section 6. Subitem "a" of Item 1 (Vehicle access easements serving a maximum of two units shall meet the following)of Subsection"A"of Section 16.59.050 (Access standards.)of Chapter 16.59 (Urban Lot Split) of Title 16 (Subdivisions) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text), with all other provisions of Section 16.59.050 remaining unchanged: 3 a. Easement width shall be a minimum of twenty sixteen feet and a maximum of sixteen twenty feet,unless a wider driveway is required by the California Fire Code due to distance of the structure from the easement,or as needed to meet the driveway and parking standards in the city's Parking Standards in Section 17.06.120(E)(14); Section 7. Table 17.03.010 (Planning and Zoning Approval Authority) of Section 17.03.010(Purpose and intent.)of Chapter 17.03 (Administration of Zoning)of Title 17 (Zoning) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 17.03.010 remaining unchanged: Table 17.03.010 Planning and Zoning Approval Authority Administrative Planning Planning City Application Approval Director Commission Council CUP modification(all changes) X' Notes: 6. Any proposed modification to a CUP shall require all entertainment and alcohol provisions contained therein to be removed and CUP modified to comply with Chapter 9.10 (Entertainment License) and 17.09 (Alcohol), without exception. Section 8. Item 16 is hereby added to Subsection D (Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit) of Section 17.04.030 (Home occupation permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code (with additions appearing in underlined text and deletions shown in underlined text), with all other provisions of Section 17.04.030 remaining unchanged: D. Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit. 16. Appointments for in home services that require client visitation to the residence shall be scheduled individually (1:1) and nonconsecutive so that not more than one (1) client is on the premises at any given time. Section 9. Footnote 16 is hereby added to Table 17.06.030 (Residential Districts) of Chapter 17.06 (Residential) of Title 17 (Zoning) of the Temecula Municipal Code(with deletions appearing in strikethrough and additions appearing in underlined text),with all other provisions of Section 17.06.030 remaining unchanged: Nonresidential Religious institutions16 CCCCCCCCC 16. Shall comply with Section 17.06.050(L), Religious Institutions. Section 10. Item 2 (Height.) of Subsection "D" (Accessory Structures and Uses.) of Section 17.06.050(Special use standards and regulations.)of Chapter 17.06(Residential Districts) 4 of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text),with all other provisions of Table 17.06.050 remaining unchanged: 2. Height. Accessory structures shall be one(1) story maximum and not exceed a height of sixteen feet. Accessory structures shall not exceed the maximum height allowed for the zone, if located in the HR, RR, VL, L-1 and L-2 zones. Section 11. Table 17.06.050A (Accessory Structures Setbacks) of Section 17.06.050 (Special use standards and regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.06.050A remaining unchanged: Table 17.06.050A Accessory Structures Setbacks for the HR,RR,VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard' Storage - shed/utility Not permitted 3 ft. 3 ft. enclosure Section 12. Table 17.08.030(Schedule of Permitted Uses Commercial/Office/Industrial Districts)of Section 17.08.030 (Use regulations.)of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows(with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI B Barber and beauty shops PP P P P P= P= Personal service shops PP P P P P= P S Sports and recreational or training facility I' CCCCC C C Notes: 18. Parking requirements are on a case-by-case basis and a parking analysis shall be required to the satisfaction of the Director of Community Development. Section 13. Subitem "e" of Item 1 of Subsection "D" (Hours.) of Section 17.09.040 (Permits required.) of Chapter 17.09 (Alcohol) of Title 17 (Zoning) of the Temecula Municipal 5 Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.09.040 remaining unchanged: e. Class IV entertainment establishments shall have last call at 10:29:59 p.m. 11:29:59 p.m. Section 14. Bullet "ix" is hereby added to Subitem "b" of Item 4 (Development Standards) of Subsection 17.10.020(U) (Energy Storage Standards) of Section 17.10.020 (Supplemental development standards.)of Chapter 17.10(Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.10.020 remaining unchanged: ix. Storage enclosures shall be designed as follows: (A) Enclosures shall have anti-dumping design features incorporated into the design of the enclosure, which prevent: (1) the transfer of material over or around the enclosure; and(2)the unauthorized entry into any portion of the enclosure or unauthorized dumping. Anti-dumping features shall not include chain link fence, razor wire, or barbed wire. Section 15. Subitems a and b of Item 2 (Minimum Bicycle Parking Requirements) of Subsection F(Bicycle Parking Facilities)of Section 17.24.040(Parking requirements.)of Chapter 17.24 (Off-Street Parking and Loading) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text)with all other provisions of Section 17.24.040 remaining unchanged: a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class Use Parking Facility Class Employees,Visitors,or Residents All commercial and 1 bicycle space for every 20 vehicle Class I lockers or Class II service uses not spaces required racks otherwise listed Dinner restaurants, 1 bicycle space for every 20 vehicle Class I lockers or Class II cocktail lounges spaces required racks Industrial 1 bicycle space for every 20 vehicle Class I lockers or Class II spaces required racks Retail 1 bicycle space for every 20 vehicle Class I lockers or Class II spaces required racks Multi-tenant residential 1 bicycle space for every 5 Class I lockers or Class II residential units or 10% of total racks with direct access to 6 spaces, whichever is greater residential entries b. The minimum number of bicycle spaces to be provided shall be three employee bicycle spaces and five resident.,patron, or visitor spaces. Section 16. Section "T" (Exposed raceways) is hereby added to Section 17.28.040 (Prohibited signs.) of Article I (General) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows with all other provisions of Section 17.28.040 remaining unchanged: T. Exposed raceways. Section 17. Subitem "f' of Item 3 (Design) of Subsection A (Standards for Permanent Freestanding Signs.) of Section 17.28.070 (General requirements for permanent signs.) of Article I (General) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.28.070 remaining unchanged: f. If a tenant, buildings or center identification sign is proposed within seventy-five feet of a major intersection, it shall incorporate a community feature (i.e., water features, public art,unique landscape designs,public spaces).Community features are intended as a benefit to the public and shall not include any commercial advertising or business identification. Section 18. Section 17.34.010 (Definitions and illustrations of terms) of Chapter 17.34 (Definition of Terms)of Title 17 (Zoning)of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Section 17.34.010 remaining unchanged: "Auto salvage yard/impound yard/wrecking yard" means an operation or business that buys, stores, and/or sells used vehicles and/or their parts. This includes dismantling vehicles and machines to sell parts as used car parts or scrap metal, to include refurbishment of parts." "Personal service shops"mean o a' es that p ide R oas and so es to meet the daily , , travel agent. establishments primarily engaged in the provision of services for the non-medical enhancement of personal appearance.Example uses may include,but are not limited to,nail salons, tanning salons, and tattoo shops. "Storage-shed/Utility Enclosure"means a roofed one-story enclosed structure used for storage or workspace that does not include plumbing. "Vending machine"means an automated machine that dispenses items to consumers after cash, a credit card, or other forms of payment are inserted into the machine. Vending machines may not be visible from the public right of way and are to be located indoor only. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 19. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 20. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of August, 2025. Brenden Kalfus, Mayor ATTEST: Randi Johl, er [SEAL] 8 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2025-12 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 22nd day of July, 2025, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2025,by the following vote: AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Rahn Randi Johl, City Clerk I I