This development code is adopted pursuant to the Constitution
of the state of California and in compliance with the requirements
of Section 65800 of the
Government Code, Planning and Zoning Law,
for the purpose of promoting the health, safety and general welfare.
(Ord. 95-16 § 2)
This development code shall be known as the "city of Temecula
development code," hereafter referred to as the "development code."
(Ord. 95-16 § 2)
The purposes of this development code are:
A. To
implement the goals, and policies and programs of the Temecula general
plan, and to manage future growth and change in accordance with that
plan;
B. To
promote health, safety, welfare and general prosperity with the aim
of preserving a wholesome, serviceable and attractive community in
accordance with the general plan for the city;
C. To
attain the physical, social and economic advantages resulting from
comprehensive and orderly land use and resource planning;
D. To
encourage, classify, designate, regulate, restrict and segregate the
most compatible and beneficial location and use of buildings, structures
and land;
E. To
limit the height, number of stories, and size of buildings and other
structures hereafter designed, erected or altered;
F. To
regulate and determine the setbacks and other open spaces;
G. To
regulate and limit the density of population;
H. To
facilitate adequate provisions for community facilities, such as transportation,
water, sewage, and parks.
(Ord. 95-16 § 2)
This development code is intended to provide the legislative
framework enhancing and implementing the goals, policies, plans, principles
and standards of the Temecula general plan.
A. A proposed
use is considered to be consistent with the general plan when the
following conditions exist:
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.
2. The
proposed use is in conformance with the goals, policies, programs
and guidelines of the elements of the 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.
B. An
application for use of land, buildings or structures is not to be
considered complete under this development code unless it is consistent
with the general plan or is accompanied by a concurrent general plan
amendment request.
C. All
subdivisions within the city shall be consistent with the Temecula
general plan and all approved development plans.
(Ord. 95-16 § 2)
All projects subject to the provisions of the California Environmental
Quality Act (CEQA) shall be reviewed in accordance with the provisions
of this development code, the California Environmental Quality Act,
and the city implementation guidelines for CEQA.
(Ord. 95-16 § 2)
The development code shall repeal those portions of the Riverside County Land Use Ordinance formerly adopted by reference by the city. Existing specific plans located within the city that have been approved under the Riverside County Ordinance shall be designated and zoned as specific plans under the provisions of Chapter
17.16. The specific plan shall provide the development regulations for that area. However, if the specific plan does not address a particular standard, the provisions of this title shall apply.
(Ord. 95-16 § 2)
No person shall use any premises except as specifically permitted
by and subject to the regulations and conditions of this development
code. Except as otherwise permitted herein, wherever this development
code prohibits the use of property for a particular purpose, those
premises and any improvements on those premises shall not be used
for that purpose, and no structure or improvement shall be constructed,
altered, or moved onto the premises which is designed, arranged, or
intended to be occupied or used for that purpose.
(Ord. 95-16 § 2)
For the purpose of carrying out the intent of this development
code, unless the content clearly indicates to the contrary, the following
words, phrases and terms shall have the following meaning:
A. The
word "city" means the city of Temecula.
B. The
words "city council" mean the city of Temecula city council, the governing
body of the city.
C. The
words "planning commission" mean the city of Temecula planning commission.
D. The
word "county" means the county of Riverside.
E. The
word "state" means the state of California.
F. The
words "development code" refer to Title 17 of the municipal code of
the city of Temecula.
G. The
word "shall" is mandatory and is not discretionary. The word "may"
is permissive and discretionary.
H. References
in the masculine and feminine genders are interchangeable.
I. Words
in the present and the future tense are interchangeable, and words
in the singular and plural are interchangeable.
J. The
following conjunctions shall be interpreted as follows:
1. "And"
indicates that all connected items or provisions apply.
2. "Or"
indicates that the connected items or provisions may apply singularly
or in any combination.
3. "Either...or"
indicates that the connected items or provisions shall apply singularly
but not in combination.
K. The
word "use" shall include arrange, design, construct, alter, convert,
rent, lease, occupy or intend to utilize.
L. Other terms used as a part of this development code are defined in Chapter
17.34, Definition of Terms.
(Ord. 95-16 § 2)
The provisions of this development code shall be interpreted
and applied as the minimum requirements for the promotion of the public
health, safety, and general welfare of the city.
(Ord. 95-16 § 2)
Wherever reference is made to any provision of this development
code, or to any other law or ordinance, the reference shall apply
to that law or ordinance any amendments or additions made thereto.
(Ord. 95-16 § 2)
If any section, subsection, sentence, clause, or phrase of this
development code is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions
of this development code.
(Ord. 95-16 § 2)
Neither the provisions of this development code nor the granting
of any permit provided for in this development code authorizes or
legalizes the maintenance of any public or private nuisance.
(Ord. 95-16 § 2)
The titles, chapter headings and section headings are provided
for the use and convenience of the reader and user. The titles, chapter
headings, section headings and subsection headings are not intended
to have legal significance or be binding upon the city. The actual
text of each chapter and each section shall be binding and have legal
significance.
(Ord. 95-16 § 2)