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HomeMy WebLinkAbout13-042 PC Resolution PC RESOLUTION NO. 13-42 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 PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORREC- TIONS TO THE TEMECULA MUNICIPAL CODE" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 17, 1990, the City Council of the City of Temecula adopted the City's first Municipal Code. B. Staff identified a need to amend portions of Title 6, Title 8, Title 16 and Title 17 of the Temecula Municipal Code to revise the definition of a cattery and the definition of smoking, allow certain uses among various zoning districts, revise procedures for zoning appeals and extensions of time for tentative maps, revise descriptions for residential districts, revise agricultural uses within residential districts, revise use regulations for Planned Development Overlay PDO-4, revise bicycle parking requirements, revise standards for permanent wall signs, clarify setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code. C. The Planning Commission considered the proposed amendment on November 6, 2013, 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. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Long Range Planning Project No. LR13-0007 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Recommendation of Approval. The City of Temecula Planning Commission hereby recommends, the City Council adopt an ordinance entitled, "An Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a cattery and the definition of smoking, allowing certain uses among various zoning districts, revising procedures for zoning appeals and extensions of time for tentative maps, revising descriptions for residential districts, revising agricultural uses within residential districts, revising use regulations for Planned Development Overlay PDO-4, revising bicycle parking requirements, revising standards for permanent wall signs, clarifying setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code (Long Range Planning Project NP. LR13-0007)" Section 3. Environmental Compliance. 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 amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of November, 2013. ce John Telesio, Chairman ATTEST: A�L— Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF-RIVERSIDE ) ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13-42 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of November 2013, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Carey ABSTAIN: 0 PLANNING COMMISSIONERS: None Patrick Richardson, Secretary EXHIBIT A CC ORDINANCE ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE 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 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 6, Title 8, Title, 16 and Title 17 of the Temecula Municipal Code ("Ordinance") on November 6, 2013, 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. 13- recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance and on , 2013, 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. 1 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: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. 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 amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. Section 6.02.010 of Chapter 6.02 of Title 6 of the Temecula Municipal Code is hereby amended by revising the definition of "cattery" to read as follows: "'Cattery' means any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained." Section 5. Section 8.36.020 of Chapter 8.36 of Title 8 of the Temecula Municipal Code is hereby amended by revising the definition of "smoking" to read as follows: "'Smoking' or to `Smoke' means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating 2 electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material." Section 6. Section 16.09.200 of Chapter 16.09 of Title 16 of the Temecula Municipal Code is hereby amended to read as follows: "16.09.200 Extensions of time for tentative maps. Notwithstanding Section 16.09.180, the initial three-year term of tentative maps may be extended as follows: A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current City standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed by the original approving authority and the City may impose other conditions or amendments to the tentative map or the conditions of approval including the then-current standards and requirements for approval of tentative maps. D. If a subdivider is required to expend the amount specified in Section 66452.6 of the Government Code to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonable related to the development of that property, each filing of a final tract map authorized by Section 66456.1 of the Government Code shall extend the expi lation of the approved or conditionally tentative map by thirty-six months from the date of its expiration or the date of a previously-filed final tract map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval." Section 7. Section 16.33.120 of Chapter 16.33 of Title 16 of the Temecula Municipal Code is hereby amended to amend the example for a single family dwelling unit's calculation for dedication of land as follows: 3 "Example for a single family dwelling unit (DU): 3.12 x .005 = .0156 acres/DU" Section 8. Section 17.03.090 of Chapter 17.03 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal — Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the planning commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal — Contents. 1. The notice of appeal shall set forth: 4 a. The specific decision appealed from; b. Except for the city manager or members of the city council, the grounds for the appeal; and C. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing — Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. I. Hearing — Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken." Section 9. Section 17.04.010.E.1.e of Chapter 17.04 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal." 5 Section 10. Section 17.06.020 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Hillside Residential District (HR). The Hillside Residential Zoning District is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the HR district is 10 net acres. B. Rural Residential (RR). The Rural Residential Zoning District is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the RR district is 5 net acres. C. Very Low Density Residential (VL). The Very Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum lot size in the VL Zoning District is 2.5 net acres. D. Low Density Residential (L-1 and L-2). The Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the Low Density Residential Zoning District is further divided into the L-1 Zoning District and the L-2 Zoning District. The minimum lot size in the L-1 Zoning District is 1 net acre. The minimum lot size in the L-2 Zoning District is 0.5 net acres. E. Low Medium Density Residential (LM). The Low Medium Density Residential Zoning District is intended to provide for the development of single-family homes. The minimum lot size in the LM Zoning District is 7,200 square feet, with a density range of 3 - 6.9 dwelling units per net acre, and a target density 4.5 dwelling units per net acre. F. 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. The minimum lot size in the M Zoning District is 7,200 square feet, with a density range of 7 — 12.9 dwelling units per net acre, and a target density of 10 dwelling units per net acre. G. High Density Residential (H). The High Density Residential Zoning District is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13 — 20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H Zoning District. 6 H. Hillside Residential-Santa Margarita (HR-SM). The Hillside Residential- Santa Margarita Zoning District is intended to provide for development of very low density residential uses. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and limited emergency access. The minimum lot size in the HR –SM Zoning District is 10 net acres." Section 11. Table 17.06.040 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the row for "Dwelling units per net acre"' to read as follows: Table 17.06.040 Develo ment Standards—Residential Districts Residential HR RR VL L-1 L-2 LM M H HR-SM Development Standards Lot Area Density range (dwelling < 0.1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- < 0.1 units per net acre) 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Section 12. Table 17.06.050A of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the rows for "Swimming pool" and "Spa" to read as follows: 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' Swimming pool Not permitted3 5 ft. to water's edge 5 ft. to water's edge Spa Not permitted 3 3 ft. to water's edge 3 ft. to water's edge Section 11. Section 17.06.050.E of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper, shall be located as follows: 1. For the H, M, LM, L-2, and L-1 Zoning Districts swimming pools and spas shall be located only within the side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor 7 exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from view from the front yard areas. 2. For the VL, RR and HR Zoning Districts swimming pools and spas may be located within the front, side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height. " Section 14. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula Municipal Code is hereby amended as follows: A. Amend the row titled "Delicatessen" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use I NCICCI HTISCIPOI BPI LI D Delicatessen P P I P I P I P I P I P B. Amend the row titled "Kennels"' in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC ICC I HT I SCIP01 BPI LI K Kennels - C - C - C I C C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, 8 veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIHTISCIPOI BPI LI O Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, P P P P P p5,6 p5,6 medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance D. Remove the row titled "Financial, insurance, real estate offices" in Table 17.08.030 in its entirety. E. Amend the row titled "Affordable housings" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use INCICCIHTISCIPOI BPI LI A Affordable Housing - - - - P I - I - Section 15. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: i. Large animals (cattle, horses and mules). Two animals per half-acre plus one additional animal for each additional half-acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. 9 ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half-acre plus three additional animals for each additional half-acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM Zoning District. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one-half acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. Only two poultry are allowed in the LM Zoning District. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined." Section 16. Section 17.10.020.M.3.b.vii of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "vii. Approval of an affordable housing project in the professional office zone." Section 17. Table 17.22.136.B of Chapter 17.22 of Title 17 of the Temecula Municipal Code for the rows titled "Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)" and "Restaurants with live entertainment' are hereby amended to read as follows: Table 17.22.1361B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District-4 Description of Use PD04R PDO-4V6 R Restaurants and other eating establishments Ca Ca with the sale of beer, wine and distilled spirits) Restaurants with lounge or live entertainment c4 C Section 18. Section 17.24.040.E of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit." 10 Section 19. Section 17.24.040.F.2.a of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees & Visitors Parking Facility Class All commercial and 1 bicycle space for every 20 Class I lockers or Class II service uses not vehicle spaces required racks otherwise listed Dinner restaurants, 1 bicycle space for every 20 Class I lockers or Class II cocktail lounges vehicles aces required racks Industrial 1 bicycle space for every 20 Class I lockers or Class II vehicles aces required racks Retail 1 bicycle space for every 20 Class I lockers or Class II vehicles aces required racks Section 20. Section 17.24.040.F.2.b of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. The minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces." Section 21. Section 17.24.040.F.4 (entitled "Exemptions") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended by deleting it in its entirety. Section 22. Section 17.24.040.F.5 (entitled "Credit for Provisions of Bicycle Parking Spaces") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby renumbered as Section 17.24.040.F.4. Section 23. Section 17.28.070.B.3 of Article I of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not extend more than seventy-five percent of the suite length for multi-tenant buildings or building frontage for single tenant buildings." 11 Section 24. Section 17.28.240.13 of Article III of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage." Section 25. Section 17.28.350.B of Article IV of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage." Section 26. Section 17.28.450.B of Article V of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of business frontage." Section 27. 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 28. 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 29. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 12 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of 120 Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - 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 , 20 , 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 , 20 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 13