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HomeMy WebLinkAbout19-11 PC Resolution PC RESOLUTION NO. 19-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)." Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend portions of Title 17 Zoning of the Temecula Municipal Code to make minor revisions and clarifications to the Temecula Municipal Code (Planning Application No. LR18-0861). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code on March 20, 2019, 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. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit "A". F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt from further environmental review as there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 3. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR18-0861, a proposed Citywide Ordinance as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of March 2019. () kg,4 `' ary Watts, Chairman ATTEST: Luke atson Secretary [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 19-11 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of March 2019, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Guerriero, Watts, Turley-Trejo NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 2 PLANNING COMMISSIONERS: Telesio, Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None C j ,czt— Luke Watson Secretary EXHIBIT A DRAFT CITY COUNCIL ORDINANCE ORDINANCE NO. 19- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 1, 8, 10, 15, 16 AND 17 OF THE TEMECULA MUNICIPAL CODE TO ADD DEFINITIONS, MAKE MINOR POLICY CLARIFICATIONS AND MAKE MINOR TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3). 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 1 (General Provisions), Title 8 (Health and Safety), Title 10 (Vehicles and Traffic), Title 15 (Building and Construction), Title 16 (Subdivisions), and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code ("Ordinance") on March 20, 2019, 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 Resolution No. 19-11, recommending that the City Council approve the Title 17 amendments. D. The City Council, at a regular meeting, considered the Ordinance on , 2019, 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 1. The proposed use is 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. The proposed amendments to Title 17 of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed guest parking for multi-family residential developments of 13 or more units is consistent with establishing parking standards for the established residential land use designations of the General Plan All other proposed amendments are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed parking standards for multi-family residential developments are consistent with Goal 7 of the Circulation Element of the Temecula General Plan, which is to ensure"an adequate supply of private and public parking to meet the needs of residents and visitors to the City." The proposed guest parking for multi-family residential developments of 13 or more units, provides the standards needed to ensure adequate parking is available to residents and visitors to the City by establishing the parking standards based on the number of bedrooms per unit for multi-family development projects. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an contrary policy direction, or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed parking standards for multi-family residential developments will ensure adequate parking is available to residents and visitors to the City when future multi-family development proposals are reviewed by City staff through the entitlement process, thus maintaining the supply of adequate parking residents and visitors. The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and typographical edits and do not result in an inconsistency between the Temecula Municipal Code and the adopted General Plan. 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 proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently 2 allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection "C" of Section 1.21.050 (Procedure for serving administrative citation.) of Chapter 1.21 (Administrative Penalties - Citations) of Title 1 (General Provisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C The enforcement official shall attempt to obtain on the administrative citation the signature of the responsible person, or in cases in which the responsible person is a corporation or business, the signature of the person served with the administrative citation. If a responsible person or person served refuses or fallsfails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the citation or of subsequent proceedings." Section 5. Section 8.36.20 (Definitions) and Subsection "B" of Section 8.36.030 (Prohibition of smoking in public places, places of employment and other areas) of Chapter 8.36 (Smoking in Public Places) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended by replacing the definition of"smoking" or"to smoke" and adding location where smoking is prohibited to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "Smoking" or "to smoke" means holding or possessing a. lighted pipe, a lighted or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material. "Electronic cigarette" means an electronic and/or battery inhaled dose of nicotine or other substances and includes any such device, whether , other product name or description. "Electronic cigarette" does not include any inhaler prescribed by a licensed rdocte "Smoking" or"to smoke" means inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" or"to smoke" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking." "B Unenclosed Places. Smoking is prohibited in the following unenclosed places except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law in which case the state or federal law applies. 3 1. Places of employment; 2. Service areas; 3. Dining areas; 4. Parks, playgrounds, and recr-eational areas; 5. The grounds of any public or private elementary or secondary school and includes the possession of tobacco, nicotine, vapes, and smoking paraphernalia. This subsection does not prohibit the possession of smoking cessation products. 56. Ticket, boarding and waiting areas of transit depots; 67. Public plazas; and 78. The sites of public events including, for example, sports events, entertainment, artistic or speaking performances, ceremonies, pageants, and fairs, provided however that this prohibition shall not prevent the establishment of a separate, designated smoking area set apart from and no larger than the primary event area." Section 6. Section 10.16.050 (Parking for certain purposes prohibited.) of Chapter 10.16 (Stopping, Standing, and Parking) of Title 10 (Vehicles and Traffic) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "No person shall park a vehicle upon any roadway for the principal purpose of washing, waxing, wiping, greasing or repairing such vehicle, except repairs necessitated by an emergency. A. Displaying such vehicle for sale; inn axing iipinn greasing or r iring such chicle, except repairs f 1 f necessitated by an emergency " Section 7. Subsection "A.2." of Section 15.06.050 (Fee reduction.) of Chapter 15.06 (Public Facilities Development Impact Fee) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "A.2. Any developer whose development is subject to the public facilities development impact fee required by this chapter, including a developer who, in connection with the development, has constructed or financed regional or regionally significant public facilities substantially similar to those facilities that are listed or otherwise identified in the city's capital improvement plan, either through participation in a special district (e.g., a community facilities district or a special assessment district) or as a result of conditions of approval for the development, may apply to the director of community development for a reduction in that fee. The application shall be made in writing and fried filed with the director of community development no later than ninety days after the effective date of this section (the effective date of this section when originally enacted by Ordinance No. 97-09 was June 26, 1997), or ninety days after the city issues a building permit for the development, whichever is later. The application shall state in detail the 4 factual basis for the request for reduction. The city shall consider entering into an agreement, or modifying an existing agreement, with any developer applying for a reduction pursuant to this subsection (A)(2)." Section 8. Subsection "C" of Section 16.36.080 (Processing procedures.) of Chapter 16.36 (Lot Line Adjustment)of Title 16 (Subdivisions) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text): "C. Pursuant to the Subdivision Map Act Guidelines, the The applicant shall provide the City with new grant deeds which reflect the approved lot line adjustment. City shall record new grant deeds and provide copies to the applicant." Section 9. Subsection H of Section 17.04.010 (Variances) of Chapter 17.04 (Permits)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): "H. Time extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the flan-conditional use permit." Section 10. Subsection "B" of Section 17.04.020 (Temporary use permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "B. Permitted uses. Temporary uses are divided into three general categories: major, minor and master. 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. Master temporary uses are similar, in effect, to minor temporary uses; however, they commonly occur for longer time periods 1. Major temporary uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit. a. Real estate offices and model homes within approved development projects; b. Temporary construction offices in all zones, except the Open Space and Conservation Zone. c. On- and off-site contractors' construction yards in conjunction with an approved active development project; 5 d. Trailers, coaches or mobilehomes 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; e. Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license, provided such activity shall be only held from November 1st through December 31st; f. Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities; g. Pumpkin sales lots; h. Seasonal sale of agricultural products; i. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days." Section 11. Subsection "D" of Section 17.04.020 (Temporary use permits ) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text): "D. Findings. The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made: 1. The proposed temporary use is compatible with the nature, character and use of the surrounding area. 2. The temporary use will not adversely affect the adjacent uses, buildings or structures. 3. The nature of the proposed use is not detrimental to the health, safety, or welfare of the community " Section 12. Subsection "F" (Revocations) of Section 17 05.030 (Modifications to an approved development plan.) of Chapter 17.05 (Development Plans) 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): "G. Revocations. Approval of a modification to a development plan may be revoked or modified by the director of planning in accordance with Section 17.03.060 17.03.080." 6 Section 13. Section 17.05.030 (Modification to an approved development plan.) of Chapter 17.05 (Development Plans) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a new subsection "G" to read as follows: "G Time extensions. The Director of Community Development may, upon an application being filed prior to the expiration, grant a time extension of one year (up to five extensions may be granted). Upon granting the extension, the Director of Community Development shall ensure that the modification to an approved development plan complies with all Development Code provisions. 1. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the Director of Community Development's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner(as shown on the latest available equalized assessment roll of the County of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the County of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the Director of Community Development's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the Director of Community Development to be affected by the application. 2. For matters that are considered to have special significance or impact, the Director of Community Development may refer such items to the Planning Commission for consideration at a noticed public hearing 3. A request for an extension of time beyond the fifth approval of an extension of time may be granted by the City Council at a public hearing 4. A modification made to an approved development plan does not affect the original approval date of a development plan." Section 14. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts) of Section 17.06.050(D) (Accessory Structures and Uses.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended 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: 7 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' Accessory dwelling Not permitted in the Refer to the rear yard Refer to the side yard unit actual front yard setbacks in Table setbacks in Table unless it complies 17.06 0406 17.06.0406 with Section 17.06.050(L)(11)4 6 Detached guest Not permitted in the Refer to the rear yard Refer to the side yard house i actual front yards setbacks in Table setbacks in Table 17 06.040 17.06 040 4. Accessory Dwelling Unit in the L-1, VL, RR and HR zoning districts may be located in the actual front yard and shall be subject to the front yard setback requirements in Table 17.06.040, the residential performance standards as outlined in Section 17.06.070, and the special use standards as outlined in Section 17.06.050(L). 7. Only one detached quest house shall be permitted on any one lot with a single family dwelling. Section 15. Subsection "J.1." 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 as follows (additions appearing in underlined text): "J.1. Solid fences, hedges and walls within the front setback shall have a maximum height of three feet in order to maintain safe visibility for pedestrians and egress and ingress of vehicular traffic. A combination of solid and open fences not exceeding six feet in height may be located in a required front yard, corner, side yard, or visibility clearance area, provided such fences are constructed with at least ninety percent of the top three feet of their vertical surface open, and non-view obscuring. Chain link fencing with or without slats is prohibited." Section 16. Subsection "L" 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 add a new number "12" to read as follows. "12. Compliance with Building Code. Accessory dwelling units shall comply with local building code requirements that apply to detached dwellinqs." Section 17. Subsection "B" of Section 17.06.070 (Residential performance standards.) 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): "B. Additions and Remodeling and New Construction of Accessory Structures. Additions, renovations and new accessory structures should be designed to provide 8 variety and interest while creating an overall unified image. Building facades should be designed with consideration of appropriate materials, complementary colors, and by using materials with textures and depth of materials such as brick or stone. The additions or accessory structures should-shall be designed in a manner that is integrated with the existing structures and avoid the appearance of being simply tacked on by the owner. This can be accomplished by: 1. Using similar roof pitches and types; 2 Using complementary or consistent materials and colors; 3. Designing additions as an integral part of the building; 4. Maintaining appropriate proportions of the existing building design; and 5. Maintaining a balance between the proportions of the existing building in terms of building mass and scale. Avoiding placing architectural elements that are visually more massive or heavier above elements that are visually lighter or less massive." Section 18. 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 Section 17.08.030 remaining unchanged: "The land uses list in the following Table 17.08.030 shall be permitted in one or more of the commercial zoning districts as indicated in the columns corresponding to each recital commercial district. Where indicated with a letter "P," the use shall be a permitted use. Where indicated with a "-," the use is prohibited within the zone. A letter "C" indicates the use shall be conditionally permitted subject to the approval of a conditional use permit." Section 19. Subsection "I" of Section 17.10.020 (Supplement development standards.)of Chapter 17.10 (Supplemental Development Standards)of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text): Modular Buildings and Structures. Modular buildings may be allowed in some circumstances as described in this section if they comply with the following requirements: 1. Accessory Structure. Modular buildings may be approved as accessory structures to a larger permanent building.The accessory buildings or structures shall be smaller in size than the main permanent building Accessory structures can be allowed, subject to the approval of a development plan, for the following uses or activities: 9 a Religious institutions in all zones, except the open space and conservation zone. b. Industrial uses in the business park, light industrial, and service commercial zones. c. Temporary facility and construction offices in all zones except the open i space-and-co nserya'tion zzone." Section 20. Table 17.24.040 (Parking Spaces Required) in 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 as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.24.040 remaining unchanged. Table 17.24.040 Parking Spaces Required Description of Use Required Number of Spaces Residential Uses Multiple-family residential-13 or more units 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 1 covered parking space plus 1 uncovered parking space for 2 bedroom units. In addition, 1 quest space for every 6 units. 2 covered parking spaces and 0.5 uncovered parking space for three bedroom (or more) units In addition, 1 quest space for every 6 units. In addition, 1 guest space for every 6 units, A minimum of 4 guest spaces is required for all multi-family residential with 13 or more units. Section 21. Subsection "F" of Section 17.24 050 (Parking facility layout and dimensions) 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): "F. Lighting Lighting of outdoor parking areas shall be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential zone. A minimum of one footcandle of illumination shall be provided throughout the parking area, including all drive aisles and pedestrian paths of travel. Light standards shall conform to design specifications as determined by the director 10 of public works. Lighting shall be consistent with the requirements established by Riverside County to reduce impacts upon the Mount Palomar Observatory Section 22. Section 17.34.010 (Definition and illustration of terms.) of Chapter 17.34 (Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to delete the definitions of "caretaker's residence" and to add the definition of "California Room" in alphabetical order, and to amend the definitions of"large family day care home" and guest house" as follows (deletions shown in strikethrough text, additions shown in underline), with all other provisions of Section 17.34.010 remaining unchanged: , T der Jenne" means a d Melling snit accessor i to the principal se en n i generally requiring residence on the site. ""California Room" means an attached outdoor living space, enclosed by three or more walks and a roof that includes indoor amenities such as cooking facilities and heating. A California Room shall be considered part of the living space and shall be subject to the same setbacks of the primary structure for rear and side yard setbacks. "Large family day care home" means a home which provides family day care to seven to feteentwelve children, including children under the age of ten years who reside in the home, as defined in Chapter 3.4, Division 2 of the California Health and Safety Code, and up to fourteen children under specified conditions as provided in Section 1597.465 of the California Health and Safety Code. "Guest house" means an additional structure to a primary residence on a parcel zoned for single-family residential, designed to provide accommodations for visitors, attached or detached, utilized an incidental „se to the primary residence' but shall not be utilized as self contained living guartters era secondary dwelling unit (see Secondary dwelling „nit` an accessory dwelling unit, and shall not contain provisions for the preparation of food, cooking, facilities or wet bar, w -require outside venting per the A guest house shall not exceed one thousand two hundred square feet in area and shall contain a bathroom with a toilet, sink, and a bathtub and/or shower if it is over eight hundred square feet." Section 23. 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 24. 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. 11 Section 25. 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 the_day of , 2019. Michael S. Naggar, Mayor ATTEST: Randi Johl City Clerk [SEAL] 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. 19- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2019, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2019, by the following vote: AYES: COUNCIL MEMBERS. NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS. ABSTAIN. COUNCIL MEMBERS. Randi Johl City Clerk 12