The purpose of this chapter is to consolidate a variety of municipal code sections from Title
17 that provide supplemental development standards. Some of these standards will apply to development activities in residential, commercial or industrial zones. Other standards may apply to activities in multiple zoning districts.
(Ord. 02-11 § 2)
A. Agricultural
Uses.
1. Permitted
Uses. The following agricultural uses are permitted by right in all
zones, except the hillside residential and open space/conservation.
a. Farms of orchards, trees, field crops, truck gardening, flowering
gardening, and other similar enterprises carried on in the general
field of agriculture.
b. Raising, grazing, breeding, boarding or training of large animals
(cattle, horses and mules), small animals (burros, goats, pigs, ponies,
and sheep), except concentrated lot feeding and commercial poultry
and rabbit raising enterprises, are allowed on properties one-half
net acre or larger in size. Standards for the keeping of animals and
animal related land uses is located in Municipal Code Table 6.08.010
(Animal Keeping Standards) and Title 6.
c. Apiaries or Beekeeping, Outdoor Aviary, and Poultry. Standards for
the keeping of animals and animal related land uses is located in
Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title
6.
2. Conditional
Use Permit Required. The following agricultural uses are permitted
with a conditional use permit, except in the open space/conservation
zone.
a. Wholesale Distributor and Processor of Nursery-Plant Stock. Retail
nursery where incidental and contiguous to propagation of nursery
stock and/or wholesale distributor. Outdoor storage and display are
prohibited except for nursery-plant stock.
b. Animal Keeping. Requirements and standards for conditional use permits
relating to animal keeping is located in Municipal Code Table 6.08.010
(Animal Keeping Standards) and Title 6.
B. Alcoholic
Beverage Sales.
1. All
businesses or establishments offering the sale of alcoholic beverages
shall obtain and thereafter maintain the appropriate license from
the state of California Department of Alcoholic Beverage Control.
All businesses or establishments shall provide the ABC license, conditions
of the license, and the site plan upon request of law enforcement
or the city or, upon the request of the applicant after pre-compliance
review.
2. Grocery
stores, drug stores, specialty markets, and discount/department stores
("primary uses") may offer the incidental sale of alcoholic beverages
as a permitted use, unless the initial establishment, or amendment
thereof, of the primary use require a city of Temecula conditional
use permit pursuant to another provision of this title.
3. All
other businesses, establishments, or facilities offering the sale
of alcoholic beverages, shall require a conditional use permit.
4. Restaurants
shall operate under the following requirements:
a.
Restaurants that are open to the public for business and engaged
in the ancillary sale of alcoholic beverages shall provide restaurant
services to the public during all hours that the establishment is
open. Restaurant service shall include, but not be limited to, an
offering and the ability to order a varied menu of foods of not less
than five main courses with appropriate nonalcoholic beverages, desserts,
salads, and other attendant dishes.
b.
A conditional use permit is required for restaurants that plan
on offering, selling, or serving beer, wine, and distilled spirits
(typically a Type 47 California ABC license), unless otherwise regulated
by a current specific plan. Restaurants offering beer, wine, and distilled
spirits must cease alcohol sales one half hour prior to closing.
c.
Restaurants are permitted to serve beer and wine (typically
a Type 41 California ABC license) as a matter of right
d. Restaurants that desire to offer any form of entertainment, must obtain an entertainment license in accordance with Chapter
9.10.
e. Managers and staff shall obtain and maintain Responsible Beverage
Service certifications (as required by the California Department of
Alcoholic Beverage Control). The establishment shall maintain:
i. A current listing of all staff members that are certified to sell
alcohol;
ii. Responsible beverage service certification numbers and expiration
dates for all staff members that are certified to sell alcohol.
f. If a conditional use permit is required for alcoholic beverage sales,
a printed copy of the conditions of approval, including the approved
floor plan, shall be stored on the premises in a readily accessible
location and shall be made available upon request to the city or law
enforcement or, upon the request of the applicant after pre-compliance
review.
g. All restaurants shall make a copy of the approved ABC license, the
associated conditions, and the approved site plan available immediately
upon request to city staff or law enforcement or, upon the request
of the applicant after pre-compliance review.
h. All security guards shall operate in accordance with Chapter
9.11 (Regulation of Private Security Operators).
5. For
establishments with on-sale alcohol beverage sales that are not bona
fide eating establishments, the "bar area" may ONLY be an ancillary
use subject to the approval of a conditional use permit.
6. Businesses
selling alcoholic beverages that require a conditional use permit
shall not be located within six hundred feet of any religious or educational
institution, day care center or public park.
This distance shall be measured between the main entrance of
the alcohol selling business and the closest public entrance to the
religious or educational institution, day care center or public park.
This requirement shall not apply when the alcohol-selling business
and the religious or educational institution are both located within
commercial or industrial zones. This separation requirement shall
also not apply to restaurants (bona fide eating establishments).
7. Convenience
Markets and Beer/Wine Markets.
a. Only beer and wine may be sold, and only for off-site consumption.
This is the equivalent to an ABC Type 20 license type. Distilled spirits
and pre-mixed spirit cocktails are prohibited from being sold, gifted
or consumed on-site.
b. No displays of beer or wine shall be located within ten linear feet
from any building entrance or check-out counter. This prohibition
shall not apply if the display is not physically accessible to customers.
c. A security plan, including, but not limited to: product location,
cameras and similar monitoring system, aisle configuration, point
of sales location(s), exterior and parking lighting, measures to prevent
and discourage loitering and other reasonable factors shall be submitted
to the chief of police and be approved or conditionally approved prior
to public display or sales of beer or wine.
d. The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section
17.04.010 of this title.
8. Legal
Nonconforming Liquor Stores. Existing liquor stores are, upon the
effective date of the ordinance codified in this chapter, deemed legal
nonconforming uses.
9. Finding
of Public Convenience or Necessity.
a. Whether or not the proposed use is consistent with the general plan
and development code;
b. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses;
c. Whether or not the proposed use would have an adverse effect on adjacent
land uses;
d. Whether or not the proposed use would result in an excessive number
of similar establishments in close proximity.
10. Gas Stations—Concurrent Sale of Motor Vehicle Fuel and Alcoholic
Beverages.
a. To comply with the provisions of the
Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section
17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section
17.03.090 of the Temecula Municipal Code.
b. In addition to any other operational standards deemed necessary and
appropriate, the following supplemental standards shall be applied
to the concurrent sale of beer and wine products at a facility that
also offers motor vehicle fuel:
i. No beer or wine shall be displayed within five feet of the cash register
or building entrance.
ii. No sale of alcoholic beverages shall be made from a drive-up window.
iii.
No display or sale of beer or wine shall be made from an ice
tub or similar device or unit.
iv. No beer or wine advertising shall be located on motor fuel islands.
v. No beer or wine advertising shall be located on the building, windows,
doors, or on freestanding signage.
vi. No self-illuminated advertising for beer or wine shall be located
on buildings or freestanding signage.
vii.
Only employees on duty between the hours of ten p.m. and two
a.m. who are at least twenty-one years of age may sell alcoholic beverages.
viii.
Distilled spirits and pre-mixed spirit cocktails are prohibited.
11. Alcoholic Beverage Manufacturing.
a. Businesses manufacturing alcoholic beverages, which have a tasting
room, but do not have a bona fide eating establishment (as defined
by the California Department of Alcoholic Beverage Control) in conjunction
with the manufacturing business, shall have the appropriate license
from the California Department of Alcoholic Beverage Control and shall
be operated according to all applicable state and local health and
safety requirements and regulations.
b. All businesses manufacturing alcoholic beverages shall comply with
all land use regulations and site development standards of the zoning
district in which they are located.
c. All businesses manufacturing alcoholic beverages shall obtain a business
license with the city as set forth in Title 5 of the Temecula Municipal
Code.
d. Prior to an employee selling or serving alcohol, the alcohol licensee
or employer shall ensure that the employee has received Licensee Education
on Alcohol and Drugs (L.E.A.D) training from the California Department
of Alcoholic Beverage Control or similar training if available from
the Temecula police department.
e. An eight and one-half-inch by eleven-inch (or larger) sign listing
local transportation service providers and corresponding telephone
numbers shall be posted at a conspicuous location within the building.
f. The dispensing of alcohol may occur between the hours of 10:00 a.m.
and 10:00 p.m., unless otherwise specified as part of a temporary
use permit.
g. On-site alcohol sales shall be limited to product manufactured on-site.
h. There shall be no admission fee, cover charge, nor minimum purchase
required.
i. The retail area, including the tasting room, shall not exceed fifteen
percent of the total floor area of the business. The retail area shall
not include the area where typical alcoholic beverage manufacturing
functions occur.
j. In addition to the retail area (tasting room), an outdoor patio area
may be allowed, but may not exceed fifty percent of the total allowable
retail area.
k. The outdoor patio area must be secured, consistent with California
Department of Alcoholic Beverage Control requirements.
l. Signs shall be posted inside the building near the exit door of the
tasting room and exit door of the outdoor seating area stating: "No
alcohol allowed past this point."
m. All alcoholic beverage manufacturing equipment and storage activities
shall be located within a completely enclosed building within the
service commercial (SC) zoning district.
n. An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter
17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail.
o. The display of alcoholic beverages shall not be located outside of
a building or within five feet of any public entrance to the building.
p. There shall be no live entertainment, DJs, or amplified sound on
the alcoholic beverage manufacturer's licensed premises at any time
without issuance of a conditional use permit or temporary use permit.
q. The number of persons shall not exceed the maximum occupancy load
as determined by the Temecula fire department. Signs indicating the
occupant load shall be posted in a conspicuous place on an approved
sign near the main exit from the room.
r. The real property upon which an alcoholic beverage manufacturing
use is operated shall be permanently maintained in an orderly fashion
by the provision of regular landscape maintenance, removal of trash
and debris, and removal of graffiti within forty-eight hours from
the time of occurrence.
s. Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections
17.08.070 and
17.24.050 of the Temecula Municipal Code.
t. A security plan in a form satisfactory to the Temecula police department
shall be submitted to and approved by the Temecula police department.
The security plan shall be formulated to deter loitering, unlawful
conduct of employees and patrons, to promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent disturbances
to surrounding uses and the neighborhood by excessive noise created
by patrons entering or leaving the alcoholic beverage manufacturer's
licensed premises.
C. Arcades.
Arcades shall be approved subject to the approval of a conditional
use permit by the planning commission.
1. Applications
for an arcade shall include the following:
a. Three sets of typed gummed labels, listing the name and address of
all businesses within a shopping center and all landowners within
a three-hundred-foot radius of the shopping center or arcade.
b. A description of the types of machines, a floor plan and hours of
operation.
2. The
planning commission may apply any condition deemed necessary. These
conditions may address, but are not limited to, the following:
a. Need for adult supervision;
c. Inside and outside security measures;
D. Automobile,
Motorcycle and Truck Dealership Landscape Standards.
1. Landscape
Standards. The following standards shall be applied to all new automobile,
motorcycle and truck dealerships or substantial alterations to existing
automobile, motorcycle and truck dealerships:
a. Display Areas. A minimum five-foot wide landscape island shall be
required at the end of all display area lanes adjacent to the main
entry drive lane. A one-foot strip, made of concrete or other materials
acceptable to the community development director, shall be located
next to the curb immediately adjacent to the end display parking space.
Such landscape islands shall have a mixture of trees, shrubs and groundcover
and shall have automatic irrigation system consistent with the city's
adopted Water Efficient Landscape Design Ordinance.
b. Street Frontages. All portions of the property which have street
frontage shall meet one of the following criteria:
i. A minimum of twelve feet of landscaping shall be provided, measured
from the rear of the sidewalk to the display area length and shall
be surrounded by drought tolerant, low growing shrubs, groundcover;
or
ii. A minimum of twenty feet of landscaping shall be provided, measured
from the rear of the sidewalk to the display area, with display area
allowed to encroach into eight feet of the landscape area.
(A)
Display areas shall be of pervious hardscape, a maximum of twenty
feet in length and shall be surrounded by drought tolerant, low growing
shrubs and groundcover.
(B)
The number of display areas allowed shall be calculated in the
following manner: three display spaces per one hundred linear feet
of street frontage. Fractional spaces (0.5 and over) shall be rounded
up.
(C)
No display area shall be located immediately adjacent to another
display area. Landscaping shall be provided between display areas.
c. Development adjacent to existing and proposed residential uses. All
portions of the property which abut an existing or proposed residential
use shall have a minimum ten-foot wide landscape buffer.
d. All other portions of the property which do not abut a street or
existing or proposed residential uses shall have a minimum five-foot
wide landscape buffer.
e. All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage and shall be subject to the landscape requirements contained in Section
17.24.050(H) of the development code.
f. Service bays shall not be visible from a public street and shall
be adequately screened from adjacent residential uses.
g. Inventory and vehicle-in-repair storage areas on the site shall be
clearly identified and will not need to be internally landscaped.
If they are located on the perimeter or adjacent to residential development
or sensitive areas they shall be screened in the manner discussed
above.
E. Used
Motor Vehicle Sales (Without the Sales of New Motor Vehicles).
1. The
minimum lot width of any site supporting a used motor vehicle sales
business shall be one hundred feet.
2. The
minimum lot area shall be ten thousand square feet.
3. Buffer
walls and landscaping shall be as provided as required for the zoning
district in which the use is located.
4. A
building containing not less than two hundred square feet shall be
maintained on the lot supporting the business. The building shall
be a permanent structure; modular or portable buildings, or mobilehomes
are not permitted.
F. Bed
and Breakfast Establishments (B&Bs). Bed and breakfast establishments
shall be developed in the following manner:
1. The
facility shall comply with all land use regulations and site development
standards of the zoning district in which it is located.
2. The
use shall be incidental to the primary use of the residential structure
to ensure compatibility with adjacent residential uses.
3. Owner/lessee
shall reside in the primary residence and operate the business.
4. The
exterior appearance of the structure shall have a residential/single-family
character.
5. Service
of meals shall be for registered guests only.
6. There
shall be no separate/additional kitchens for the guests.
7. No
guest shall stay more than fourteen consecutive days in any thirty-day
period.
8. All
B&Bs shall be subject to the city's hotel/motel room tax.
9. B&Bs
shall meet all of the requirements of the city fire department and
county health department.
10. The B&B shall be developed on a site that has a minimum lot size
of sixty thousand square feet.
11. No receptions, private parties or similar activities, for which a
fee is paid shall be permitted.
G. Car
Washes. A conditional use permit shall be required for all full-service
or self-service car washes within the commercial districts. Car washes
shall comply with the following criteria:
1. Such
businesses shall be located at least two hundred feet from any residentially
zoned district property line. That distance shall be measured in a
straight line regardless of physical encumbrances, and shall be inclusive
of all:
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors;
2. Wash
bays and vacuum areas shall be screened from public view.
3. Regular
monitoring of the facility by an attendant shall be provided during
business hours to control noise, litter, and other nuisances.
4. Hours
of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off
of water and electrical systems, except for security and fire protection,
shall be provided during non-business hours.
H. Entertainment
Establishments.
1. Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section
9.20.040.
2. Entertainment establishments shall abide by Chapter
9.10 (Entertainment License).
3. The
city may apply additional requirements or limitations depending on
the location, surrounding uses and other considerations.
I. 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:
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.
2. Temporary
Structures. Modular buildings may be approved as a temporary structures
for non-profit community based organizations and religious institutions
in all zones, except the open space and conservation zone. The temporary
structure may be approved subject to the following requirements:
a. The approval of a development plan or conditional use permit (as
appropriate) for the permanent facilities;
b. The site shall be fully landscaped in conformance with the approved
landscape plan;
c. The term of the temporary approval shall not exceed five years. Additional
extensions up to five years in length may be approved if, at the city's
sole discretion, the temporary structure and landscaping have been
properly maintained and if the local circumstances have not changed
to make the temporary structure inappropriate;
d. A removal bond shall be provided to ensure the removal of the temporary
structure.
3. Building
Design and Screening. All modular units shall comply with the following
standards to soften the appearance of the structures.
a. If the modular is not visible from a street or a public gathering
place, the modular structure shall provide at least minimal design
compatibility with the surrounding area. Examples of minimal design
compatibility include the use of exterior trim elements, similar colors,
and other features to soften the modular appearance of the structure.
b. Modular buildings that are potentially visible from the public street
shall have architectural detailing similar to permanent structures.
Examples include: accentuated entrances, pop-out features, windows,
integrated with the minimal design compatibility components described
above. Supplemental landscaping, to further screening the structure
may also be required.
c. All accessory modular units shall be screened from the public streets
and gathering spaces in such a way as to be unnoticeable. This screening
may include a combination of the following: permanent buildings or
structures, screening walls, and landscaping.
4. Notwithstanding
these requirements, all other landscape and site layout criteria required
by the development code and design guidelines shall also apply to
modular buildings.
J. Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits. The outdoor display of merchandise accessory to an on-site business is addressed in subsection
K.
1. Automobile,
boat, trailer, camper, and motorcycle sales and rentals (subject to
a conditional use permit);
2. Building
material, supplies and equipment rental and sales (subject to a conditional
use permit);
3. Fruit
and vegetable stands (required temporary use permit);
4. Horticultural
nurseries (subject to a conditional use permit);
5. Gasoline
pumps, oil racks and accessory items when located on pump islands;
7. Parking
lot and sidewalk sales (subject to temporary use permit and regulations
set forth in this chapter); and
8. Other
activities and uses similar to those above as determined by the director
of planning.
K. Outdoor
Display of Merchandise Accessory to Current On-site Business. Any
outdoor display done in conjunction with the business being conducted
within the building may be permitted without a temporary use permit,
provided that the display complies with the following regulations:
1. The
items being displayed shall be of the same type that are lawfully
displayed and sold inside the building on the premises.
2. The
aggregate display area shall not exceed twenty-five percent of the
linear frontage of the store front or ten linear feet, whichever is
greater.
3. Items
shall not project more than four feet from the store front.
4. No
item, or any portion thereof, shall be displayed on public property;
provided, however, items may be displayed within the public right-of-way
if an encroachment permit has first been procured from the city.
5. Items
shall be displayed only during the hours that the business conducted
inside the building on the premises is open for business.
6. No
item shall be displayed in a manner that: causes a safety hazard;
obstructs the entrance to any building; interferes with, or impedes
the flow of pedestrian or vehicle traffic; is unsightly or creams
any other condition that is detrimental to the appearance of the premises
or any surrounding property; or in any other manner is detrimental
to the public health, safety or welfare or causes a public nuisance.
L. Permanent
Indoor Swap Meet Facilities.
1. Indoor
swap meets shall be established only in buildings containing five
thousand square feet or more of gross floor area.
2. City
business licenses and state seller permits shall be obtained by every
tenant operating a stall space.
3. No
more than one business license shall be granted per one hundred fifty
square feet of building floor area.
4. The
minimum average square footage of a partitioned cubicle or stall space
(booth) shall be one hundred fifty square feet. The minimum size for
an individual stall shall be one hundred square feet, and no more
than twenty-five stall spaces shall be permitted to contain one hundred
square feet.
5. No
adult business, as defined in the Temecula Municipal Code shall be
permitted.
6. No
loudspeakers or sound equipment which can be heard from exterior or
semipublic areas shall be used on the premises.
7. Each
stall space shall be partitioned with partition walls at a height
of not less than five feet, six inches. Scissor-type gating shall
not be used to separate vendors or vending areas.
8. All
floor areas of indoor tenant spaces, shall be covered with a high-grade
tile or carpeting.
9. Aisles
shall have a minimum width of seven feet.
10. Security personnel shall be provided during hours of operation.
M. Senior
Housing/Congregate Care Facilities. Senior housing and congregate
care facilities are permitted in the zoning districts identified in
the land use tables, subject to the approval of a development plan.
Senior housing and congregate care facilities shall comply with the
following:
1. Senior
housing shall comply with all the provisions of the development code,
unless modified by the following provisions:
a. The maximum densities for senior housing are as follows:
i. In the high density residential zoning district and the community
commercial, highway tourism, service commercial, public/institutional
district, and professional office zoning districts, the maximum density
shall be thirty units per acre.
ii. In the medium density residential zoning district and the neighborhood
commercial zoning district, the maximum density shall be twenty units
per acre.
iii.
In the low medium residential zoning district, the maximum density
shall be eight units per acre.
b. The net livable area for each dwelling unit shall not be less than
four hundred square feet for an efficiency unit, five hundred fifty
square feet for a one-bedroom unit, and seven hundred square feet
for a two-bedroom unit. Kitchenettes may be permitted, provided they
are sized to meet the immediate needs of the occupants of the unit.
c. Senior housing shall comply with the requirements for senior housing
developments set forth in
Civil Code Section 51.3 et seq.
2. Congregate
care projects shall comply with all the provisions of the development
code unless modified by the following provisions:
a. The maximum densities for congregate care facilities are not limited
specifically to density requirements so long as all the site development
standards are met (i.e., required setbacks, parking, landscaping,
open space, etc.).
3. The
provisions of this subsection shall apply to all approved specific
plans within the city of Temecula, unless the specific plan contains
specific standards for the type of housing being considered.
N. Self-Storage
or Mini-Warehouse Facilities.
1. Development
Standards. The following standards shall be applied to all new self-storage
or miniwarehouse facilities:
a. The design of the facility shall be compatible with the surrounding
area in terms of design, bulk and mass, materials and colors. Building
exteriors shall not be corrugated metal or similar surface, but shall
be of finished quality. Metal containers are prohibited;
b. In commercial zoning districts the rear and side yard setbacks shall
be a minimum of ten feet. In industrial zoning districts no rear or
side yard setbacks are required. The director of planning may increase
the setbacks to a maximum of twenty-five feet when adjacent to an
existing residential development project. The front yard setback shall
maintain the setback for the underlying zoning classification;
c. The maximum lot coverage and floor area ratio (FAR) shall be sixty-five
percent;
d. The development site shall provide a minimum of ten percent landscaped
open space for a project within commercial districts. In industrial
districts, the total landscaping shall be equal to the required setback
areas. No interior landscaping is required, but the setback areas
shall be landscaped;
e. A manager's residential unit may be provided, but is not required;
f. Required parking spaces may not be rented as, or used for, vehicular
storage. However, additional parking area may be provided for vehicles,
boats, buses, trailers, etc., provided that the storage area is adequately
screened from public view with enhanced landscaping, decorative walls,
fences, or other methods as deemed appropriate by the director.
2. Performance
and Use Regulations.
a. Any business activity, other than rental of storage units, including
the on-site sale of merchandise or garage sales, and transfer/storage
businesses which utilize vehicles as part of the business is prohibited.
No servicing or repair of motor vehicles, boats, trailers, lawn mowers,
or any similar equipment is permitted.
b. Storage units shall not be used for the storage of flammable liquids,
highly combustible or explosive materials, or hazardous chemicals.
c. Truck or vehicle rental is prohibited without obtaining all necessary
approvals subject to the development code schedule of permitted uses.
O. Drive-Thru
Facilities. Commercial uses including restaurants, financial institutions
or other business providing drive-thru facilities shall be subject
to the following requirements:
1. All
drive-thru facilities shall require the approval of a conditional
use permit;
2. Pedestrian
walkways should not intersect the drive-thru aisles. If pedestrian
walkways do cross the drive aisles, they shall be clearly marked with
paving or striping;
3. Drive-thru
aisle shall have a minimum width of eleven feet on the straight sections
and twelve feet on curved portions;
4. For
fast food restaurants, the drive-thru aisles shall have a sufficient
stacking area behind the menu board to accommodate six cars;
5. The
speakers shall be located so as to protect adjoining residential areas
from excessive noise.
P. Private
Heliports.
1. Conditional Use Permit Required. A conditional use permit approved by the planning commission shall be required for all private heliports. All conditional use permits for heliports shall comply with the requirements of Section
17.04.010 of this code.
2. Siting
and Design Criteria. All private heliports shall comply with the following
requirements:
a. Heliports shall not be located within one thousand feet (measured
from structure to structure) of an existing or designated public or
private primary, secondary or high school;
b. Heliports shall not be located within one thousand feet of an existing
or proposed public park (measured property line to property line);
c. Heliports shall not be located within one thousand feet (measured
structure to structure) of an existing or future assembly facility
having five hundred persons or more seating capacity. Private heliports
associated with hospitals shall be exempt from this requirement;
d. The touchdown liftoff area shall not be located within any required
yard area and in no circumstance shall it be located within ten feet
from all property lines. In addition, a minimum one hundred foot setback
shall be achieved from adjacent residentially zoned properties;
e. Ground heliports may be required to be surrounded by a fence or wall
at least four feet high and constructed in such a manner as to deflect
the horizontal wind velocities caused by the rotation of the rotor
blades, providing all FAR Part 77 imaginary surfaces and the surface
area remain obstruction free;
f. The touchdown liftoff area shall be surfaced with material that will
be free of dust, loose organic or inorganic material and particles
that may be blown about by the helicopter;
g. Any lighting used for nighttime operations shall be directed away
from adjacent residences.
3. Requirements
for Rooftop Heliports. Rooftop heliport facilities shall also comply
with the following standards:
a. No roof openings shall be permitted within twenty-five feet of the
touchdown liftoff area;
b. Rooftop exits shall not be located within twenty-five feet of the
touchdown liftoff area;
c. Rooftop heliport facilities shall be constructed in accordance with
the city building and fire code requirements in addition to applicable
state and federal heliport design standards and regulations.
4. Required
Finding. A conditional use permit may be approved only, if the following
finding is made:
a. The heliport is in compliance with the requirements described in
subsections (P)(2) and (P)(3) of this section.
5. Operational
Requirements.
a. Hours of flight operation shall be determined on a project specific
basis.
b. The touchdown liftoff area shall remain free of dust, loose organic
or inorganic material and particles that may be blown about by the
helicopter.
6. Enforcement Review. Upon receiving a public complaint regarding heliport operations, a biennial monitoring report shall be submitted by the applicant. The monitoring report shall be submitted within forty-five days from the date the complaint was submitted. The report shall include data on the types of helicopters using the facility, hours of operation, performance standards, number of monthly flights and any other necessary data. All enforcement reports shall be submitted to the planning commission for review. The modification or revocation of the conditional use permit shall comply with the provisions of Section
17.04.010(I) of this code.
Q. Density
Bonus Law.
1. In
addition to any other review required for a proposed housing development,
applications for a density bonus shall be filed with the planning
director on a form approved by the director. The application shall
be filed concurrently with an application for a development plan review
or administrative approval. At the time the application is submitted,
the applicant shall pay a density bonus application fee, established
by resolution of the city council.
2. City
staff shall process the application for a density bonus in the same
manner as, and concurrently with, the application for a development
plan review or administrative approval that is required by this code.
3. The
applicant shall submit reasonable documentation to establish eligibility
for a requested density bonus, incentives or concessions, waivers
or reductions of development standards, and parking ratios.
4. For
a housing development qualifying pursuant to the requirements of Government
Code Section 65915, the city shall grant a density bonus in an amount
specified by
Government Code Section 65915. Except as otherwise required
by
Government Code Section 65915, the density bonus units shall not
be included when calculating the total number of housing units that
qualifies the housing development for a density bonus. Except as otherwise
required by
Government Code Section 65915, the amount of the density
bonus shall not exceed 35 percent.
5. For
the purpose of calculating the density bonus, the "maximum allowable
residential density" shall be the maximum density allowed under the
zoning ordinance and land use element of the general plan, or, if
a range of density is permitted, the maximum allowable density for
the specific zoning range and land use element of the general plan
applicable to the project. Where the density allowed under the zoning
ordinance is inconsistent with the density allowed under the land
use element of the general plan, the maximum density allowed in the
general plan shall prevail.
6. The
city shall grant the applicant the number of incentives and concessions
required by
Government Code Section 65915. The city shall grant the
specific concession(s) or incentive(s) requested by the applicant,
unless it makes any of the relevant written findings stated in Government
Code Section 65915(d). Senior citizen housing developments that qualify
for a density bonus shall not receive any incentives or concessions,
unless
Government Code Section 65915 is amended to specifically require
that local agencies grant incentives or concessions for senior citizen
housing developments.
7. Except
as restricted by
Government Code Section 65915, the applicant for
a density bonus may submit a proposal for the waiver or reduction
of development standards that have the effect of physically precluding
the construction of a housing development incorporating the density
bonus and any incentives or concessions granted to the applicant.
A request for a waiver or reduction of development standards shall
be accompanied by documentation demonstrating that the waiver or reduction
is physically necessary to construct the housing development with
the additional density allowed pursuant to the density bonus and incorporating
any incentives or concessions required to be granted. The city shall
approve a waiver or reduction of a development standard, unless it
finds that:
a. The application of the development standard does not have the effect
of physically precluding the construction of a housing development
at the density allowed by the density bonus and with the incentives
or concessions granted to the applicant;
b. The waiver or reduction of the development standard would have a
specific, adverse impact, as defined in paragraph (2) of subdivision
(d) of Section 65589.5, upon health, safety, or the physical environment,
and for which there is no feasible method to satisfactorily mitigate
or avoid the specific adverse impact;
c. The waiver or reduction of the development standard would have an
adverse impact on any real property that is listed in the California
Register of Historical Resources; or
d. The waiver or reduction of the development standard would be contrary
to state or federal law.
8. The
applicant may request, and the city shall grant, a reduction in parking
requirements in accordance with
Government Code Section 65915(p),
as that section may be amended from time to time.
9. The
applicant shall comply with all requirements stated in Government
Code Section 65915.
10. The applicant shall enter into an agreement with the city to ensure
the continued affordability of all affordable units or the continued
reservation of such units for qualifying senior citizens. Prior to
receiving a building permit for any project that receives a density
bonus or any incentive, concession, waiver, or reduction of development
standards pursuant to this section, such agreement shall be recorded
as a covenant against the property.
11. For any development project that is granted a density bonus or other
benefit pursuant to this section, the affordable units that qualify
the project as eligible for a density bonus, must be constructed concurrently
with or prior to the construction of any market rate units. In addition,
the affordable units must be integrated with the market rate units
so that there is a mix of affordable and market rate units, if any,
in each building of the development project.
12. An applicant shall not receive a density bonus or any other incentive
or concession if the housing development would be excluded under Government
Code Section 65915.
13. The provisions of this subdivision shall be interpreted to fulfill
the requirements of
Government Code Section 65915. Any changes to
that
Government Code Section 65915 shall be deemed to supersede and
govern any conflicting provisions contained herein.
R. Emergency
Shelters. Emergency shelters shall be allowed in accordance with the
land use table for the specific zone and provided that the following
development standards are met:
1. The
minimum floor area per occupant shall be at least one hundred fifty
square feet and the maximum number of occupants to be served at any
given time shall not exceed fifty.
2. A
minimum distance of three hundred feet shall be maintained from any
other emergency shelter.
3. The
maximum stay per occupant at the facility shall not exceed ninety
days in a three hundred sixty-five day period.
4. On-site
client waiting and intake areas shall be located inside the building
and shall be screened from public and private property where feasible.
If not feasible, an exterior waiting area shall be provided that:
(a) contains a minimum of ten square feet per bed provided at the
facility; (b) is in a location not adjacent to the public right-of-way;
and (c) is visibly separated from public view by a minimum six foot
tall visual screening.
5. A
minimum of one employee per fifteen beds shall be on duty and remain
on site during operational hours whenever clients are on the site.
Licensed security personnel shall also be provided during operational
hours whenever clients are on the site and when people are waiting
outside the facility. The licensed security personnel shall be in
addition to the minimum employee requirement set forth above.
6. Exterior
lighting shall be provided for the entire outdoor area of the site,
and shall be stationary, shielded, and directed away from adjacent
properties and public rights-of-way. Lighting should be provided at
a minimum illumination of one footcandle across parking areas and
two footcandles at entrances.
7. A
minimum of one parking space for every ten beds, plus one-half parking
space for each bedroom designated for families with children, plus
one parking space for each employee/volunteer on duty, shall be maintained.
The number of parking spaces may be reduced by twenty-five percent
if the shelter is located within one thousand feet of a public transit
stop. Bicycle rack parking shall also be provided at the facility.
Notwithstanding the foregoing, these standards shall not apply if
they require more parking for emergency shelters than other residential
or commercial uses in the same zone.
8. The
facility may provide the following services and facilities to clients
in a designated area separate from the sleeping areas:
a. A recreation area either inside or outside the shelter. If located
outside, the area shall be screened from public view with landscaping.
b. A counseling center for job placement, educational, healthcare, legal,
or mental health services.
c. Laundry facilities to serve the occupants at the shelter.
d. A kitchen for the preparation of meals.
f. Client storage areas (i.e., for the overnight storage of bicycles
and personal items).
9. The
operator of the facility shall provide, at the city's request, an
annual report of the use of the facility and determination of compliance
with the city's development standards for the use.
10. A management plan shall be submitted to be reviewed, approved, and
enforced by the director of community development. The management
plan shall be approved before issuance of a building permit (including
those building permits solely utilized for occupancy only). The management
plan shall be comprehensive and shall address, at a minimum, hours
of operation, eligibility requirements, admission hours and process,
staff training, case management, neighborhood outreach and privacy,
resident counseling and treatment, maintenance plans, residency and
guest rules and procedures including rules pertaining to drugs, alcohol,
tobacco, weapons and fraternization, staffing and volunteer needs,
including job descriptions, procedures related to families with children,
policies related to personal effects, disciplinary procedures, safety
policy, grievance procedures, and emergency preparedness plan.
S. Trash
Enclosures. Trash enclosures shall be designed in a manner that incorporates
the following requirements:
1. Trash
enclosures shall be designed in a size, manner, and location that
is approved by the city's trash purveyor and the city.
2. Trash
enclosures shall be designed in accordance with the city's most recent
design standards.
3. Trash
enclosures shall incorporate architectural design features from the
surrounding architecture, including finishes, roofing, and colors.
4. Trash
enclosures shall incorporate a solid (non-permeable) roof and working
interior illumination (a minimum of one foot candle throughout the
interior).
5. Trash
enclosures shall have working locking mechanisms on all access gates,
including pedestrian access gates, that shall remain locked and accessible
only to authorized users (residents, commercial tenants, etc.) during
times when pick-up service is not scheduled.
6. Trash
enclosures shall have anti-dumping design features incorporated into
the design of the trash enclosure, which prevent: (a) the transfer
of materials over or around the trash enclosure; and (b) the unauthorized
entry into any portion of the trash enclosure or unauthorized dumping.
Anti-dumping features must be designed in complimentary design manner
to the existing or proposed building, and shall not include chain
link fence, razor wire, or barbed wire.
7. When
required by the public works department, the trash enclosures shall
have a drain that is tied into the sewer purveyor and designed to
the sewer purveyor's standards.
8. When
required by the public works department, trash enclosures shall have
a functioning hose bib located within the interior of the trash enclosure
to keep the trash enclosure free of potential pollutants. The hose
bib shall have a detachable key and/or locking mechanism. The hose
bib shall be designed in a manner where the hose bib is protected
from damage occurring from normal operations by location or another
physical barrier.
9. Upgrades
to existing trash enclosures may be required as determined by the
public works director, based upon the scope of tenant improvements
to an existing building, building additions or other similar modifications.
Tenant improvements at restaurants, automobile repair facilities,
and other uses with a higher likelihood of pollutants will require
upgrades to the existing trash enclosures.
T. Parking
Garages. All parking garages shall be designed in a manner that incorporates
the following requirements:
1. Elevators.
a. Elevators should be oriented to adjacent streets, when possible.
b. Elevators shall have glass backs and be glass enclosed with a minimum
of seventy-five percent visibility.
c. When it is impossible for glass backed elevator or glass enclosed
elevator, an active video surveillance system shall be required within
the elevator and adjacent to elevator entrances.
2. Stairwells.
a. Stairwells shall provide internal and external visibility, with a
minimum of seventy-five percent transparency.
b. Stairwells should be oriented to adjacent streets, when possible.
c. Stairwell walls shall be made of glass and/or have exterior openings
where the stairwell is open and visible to the exterior
d. Stairwell door use should be minimized; but when utilized, one-third
of the door must be made of clear durable glass to encourage transparency
and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
|
3. Security
Fencing. Security fencing shall be installed below stairwells to eliminate
unauthorized access. Fencing shall be compatible with the design of
the parking structure; no chain link fencing of any kind is permitted.
4. Safety.
Emergency call boxes shall be conspicuously dispersed throughout parking
garages, with a minimum of one call box on each level. Additional
call boxes may be required at the discretion of the chief of police
or director of community development.
5. Minimum
Floor Heights. The minimum height from the floor to the lowest ceiling
structure, support beam, or overhead fixture, such as a conduit, pipeline,
signage, lighting, or any other obstruction mounted on the ceiling
shall be eight feet two inches in height.
6. Interior
Treatment. The interior treatment of a parking structure shall be
of a light color. The treatment shall include a coordinated interior
sign program designed to identify parking levels and locate stairwells,
elevators, phones, exits and other interior features.
7. Mirrors
for Sight Distance. Blind corners shall be provided with viewing mirrors
maintained in a position and condition to provide adequate sight distance.
8. Integral
Design. Parking structures should be designed as an integral component
of the coordinated site plan and architectural theme. Rooftop solar
arrays and green roof technologies are encouraged.
9. Signage.
A well-designed graphics and signage system will effectively communicate
necessary information to patrons, reduce confusion, improve safety,
and enhance the overall user experience.
a. Vehicular Signs. Examples of vehicular signs include "Park" and "Exit"
directional signs. Vehicular signs are ten or twelve inches in height
with six or seven inch letters. Ten-inch signs are recommended for
precast structures where sign visibility can be a problem. Vehicular
signs should be centered over the drive lane or centered over the
drive aisle when signs are mounted back-to-back.
b. Pedestrian Signs. Examples of pedestrian signs include "Level #,"
"Remember Level #," "Row #," and "Stair" and "Elevator" identification
and directional signs. Pedestrian signs shall be light in color, easy
to read in day and night settings, and contain a number or memorable
icon/character for easy pedestrian wayfinding. Pedestrian signs shall
be clearly distinguishable from vehicle signs so as not to interfere
with vehicular traffic. Pedestrian signs in parking bays shall be
located perpendicular to traffic flow, and placed at the rear of parking
stalls. Color-coding shall be used to help patrons find their vehicles.
The elevator cour area shall include super graphics which are graphics
that cover a large area and are generally painted on a vertical surface,
such as painted walls or elevator doors, with level designation incorporated.
c. No off-site signage is permitted.
10. Bicycle Parking/Storage. Bicycle parking shall be provided in quantities
required in accordance with Temecula Municipal Code Section 17.24.040(F)(2),
Minimum bicycle parking requirements. All bicycle facilities are required
to be located exclusively on the ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle
conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry
control devices for parking shall provide a stacking analysis to demonstrate
such activities will not impact the flow of traffic surrounding the
parking structure.
13. Parking structures that exceed one hundred parking spaces, or greater
than two stories, to include below grade parking, shall be required
to provide a parking analysis or "counting" system to indicate total
number of spaces and total number of unoccupied spaces on the entrance(s)
of the parking structure.
14. Stall Width. When the side of any parking stall abuts a building,
fence, wall, support column or other obstruction which would interfere
in any way with access to a motor vehicle, the width of the stall
shall be increased to at least eleven feet.
15. Lighting.
Parking Structure Lighting Standards
|
---|
Area
|
Minimum Horizontal Illuminance on Floor (Footcandles)
|
Minimum Vertical Illuminance at 5 Feet (Footcandles)
|
Maximum to Minimum Uniformity Ratio
|
---|
Parking and Pedestrian Areas
|
2
|
1
|
10:1
|
Stairwells
|
2
|
1
|
10:1
|
Ramps and Corners—Day
|
1
|
0.5
|
10:1
|
Ramps and Corners—Night
|
1.0
|
1.0
|
10:1
|
Entrance Areas—Day
|
50
|
25
|
10:1
|
Entrance Areas—Night
|
1
|
0.5
|
10:1
|
U. Storage Containers.
1.
Purpose and Intent. The intent of this section is to provide
for the limited temporary use of storage containers for residential,
commercial/office/industrial, Planned Development Overlay (PDO) and
Specific Plan zoned properties.
2.
Definition. For the purposes of this chapter, storage container
shall mean any sturdy container greater than one hundred twenty square
feet with strength suitable to withstand shipment, storage, and handling
with or without utility connection(s). Any device or container that
meets this definition shall be considered a storage container, regardless
of its nomenclature, construction material, type of container, design,
original purpose or new/repurposed use.
3.
All Residential and Open Space Zoning Districts. Storage containers
are not a permitted use or accessory use in any residential or open
space zoning district throughout the city and therefore shall not
be permitted.
a.
Exemptions.
i.
Temporary placement to support the construction of a new primary
residence with a valid building permit.
(A) Required to obtain a Temporary Use Permit (TUP)
in accordance with Chapter 17.04.020 and subject to the requirements
of this section of the Temecula Municipal Code.
(B) Limited for use as storage only, no habitation
is permitted.
(C) Limited to the duration of construction or date
specified in the TUP, whichever is less.
(D) Shall be removed from the site prior to final inspection
of the new primary residence.
ii.
A storage container for the purpose of moving, storing, transporting
personal property for the purposes of moving residences or placing
items in long term storage can be placed on the private driveway of
any residence for a time not to exceed seven days without a TUP.
(A) Placement of storage containers in the public right-of-way shall not be permitted without an encroachment permit as specified in Chapter
18.12 of this code.
4.
Commercial, Business Park, Professional Office and Industrial
Districts. Storage containers may be permitted through a Temporary
Use Permit (TUP) for a limited duration subject to the requirements
of Chapter 17.04.020 and this section of the Temecula Municipal Code.
a.
Storage containers shall be placed in loading or service areas
only and shall not be visible from the public right-of-way.
b.
Storage containers shall not be located in any landscaped area.
c.
Storage containers shall not be placed in any parking stalls without a parking analysis demonstrating compliance with Chapter
17.24 of this code, to the satisfaction of the director of community development.
d.
Storage containers shall not have any signage or advertising.
e.
Utility connection(s) shall require a building permit.
f.
Containers may be required to be painted to match the existing
building, at the discretion of the director of community development.
g.
Containers must be maintained free of graffiti, vandalism, rust,
circumstances that may arise from a lack of maintenance.
h.
Any three violations during the effective period of the TUP
shall be cause for the revocation of the TUP.
i.
Where a zoning district addresses storage, those standards shall
apply to the extent they are inconsistent with the provisions of this
section.
5.
Mixed-Use Zoning Districts.
a.
Storage containers may be approved through a TUP as a temporary
accessory use for commercial land uses located on the first floor
in zoning districts that permits mixed use development and shall comply
with Section 17.10.020(U)(4) of this chapter.
b.
Storage containers are not a permitted accessory use for residential
land uses in zoning districts that permit mixed use development, without
exemption.
6.
Specific Plan Districts.
a.
Where a specific plan addresses the accessory use of storage
containers, those standards shall be applicable to all properties
subject to its requirements.
b.
Where a specific plan does not address the accessory use of
storage containers, the standards in this section shall apply.
c.
The director of community development shall have the sole discretion
to determine which standards shall apply when there is ambiguity in
the municipal code or specific plan related to zoning districts.
7.
Ancillary Use Only. Storage containers shall only be allowed
as a temporary ancillary use for property with a completed development
plan or on a property with all active and valid building permits for
the construction of new buildings.
8.
Time Duration. Placement of storage containers shall be set
by the TUP and in no case shall a storage container be placed or installed
on the site for longer than one year. Relocation or movement of the
storage container on the site does not impact the time limits set
by the TUP.
V. Energy Storage Standards.
1.
Purpose and Intent. Energy storage facility regulations are
adopted with the intent of advancing and protecting the public health,
safety, and welfare of the city of Temecula by establishing regulations
for the installation and use of energy storage systems. The regulations
herein are intended to protect the health, welfare, safety, and quality
of life for the general public, to ensure compatible land uses in
the areas affected by energy storage facilities and to mitigate the
impacts of energy storage facilities on the environment.
a.
Energy storage facilities shall be permitted through a conditional
use permit (CUP) only in the zoning specified in Table 17.08.030 Schedule
of Permitted Uses Commercial/Office/Industrial Districts.
2.
Definitions. The following words and phrases shall, for the
purposes of this chapter, have the meanings respectively ascribed
to them by this section as follows:
a.
Battery. A single cell, stack, core building block, or a group
of cells connected together electrically in series, in parallel, or
a combination of both, which can charge, discharge, and store energy
electrochemically. For the purposes of this chapter, batteries utilized
in consumer products are excluded from these requirements.
b.
Battery Management System. An electronic system that prevents
storage batteries from operating outside their safe operating parameters
and disconnects electrical power to the energy storage system or places
it in a safe condition if potentially hazardous temperatures or other
conditions are detected. The system generates an alarm and trouble
signal for abnormal conditions.
c.
Battery Energy Storage System. A system consisting of electrochemical,
kinetic, thermal, or other form of energy-storage technology storage
batteries, battery chargers, controls, power conditioning systems
and associated electrical equipment, assembled together, capable of
storing energy in order to supply electrical energy at a future time,
not to include a stand-alone twelve-volt car battery or an electric
motor vehicle.
d.
Cell. The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
e.
Commissioning. A systematic process that provides documented
confirmation that a battery energy storage system functions according
to the intended design criteria and complies with applicable code
requirements.
f.
Decommissioning Plan. A plan to retire the physical facilities
of the project, including decontamination, dismantlement, rehabilitation,
landscaping and monitoring. The plan contains detailed information
on the proposed decommissioning and covers the schedule, type and
sequence of decommissioning activities; waste management, storage
and disposal of the waste from decommissioning; the timeframe for
decommissioning and site rehabilitation.
g.
Energy Storage Facility. Are stationary commercial facilities,
that contain one or more energy storage system(s) for the purposes
of capturing or purchasing energy and releasing, selling, transferring
or trading energy back to the utility providers for monetary or other
gain. This definition does not include private residential energy
storage or backup systems.
h.
Energy Storage System. A system which stores energy and releases
it in the same form as was input.
3.
Applicability. The requirements of this section shall apply
to all energy storage facilities permitted, installed, or modified
after the effective date of the ordinance codified in this section
excluding general maintenance and repair. Energy storage facilities
constructed or installed prior to the effective date of the ordinance
codified in this section shall not be required to meet the requirements
of this chapter. Modifications to, retrofits or replacements of an
existing energy storage facility that increases the total energy storage
system designed discharge duration or power rating shall be subject
to this chapter. The continuation of legally established existing
utility-scale energy storage systems shall be subject to the regulations
and guidelines of Chapter 17.03.070 (Legal nonconformities) of this
code.
4.
Development Standards.
a.
Energy storage facilities must meet all applicable standards
of the adopted Building and Safety Codes and of the adopted Fire Codes.
b.
Energy storage facilities shall comply with the site design
requirements set forth below in addition to all other applicable chapters
of the Temecula Municipal Code:
i.
Where visible from public view, the site shall be fully enclosed
by a minimum six-foot, non-scalable solid wall. Where not visible
from public view, the site shall be enclosed by a minimum six-foot,
non-scalable solid wall or tubular steel or wrought iron fencing.
Said wall or fencing shall be located outside of the required yard
of the applicable zone. Walls shall consist of either decorative concrete
masonry block or decorative concrete tilt-up walls. Decorative concrete
masonry block means neutral colored slump stone block, split-face
block, or precision block with a stucco, plaster, or cultured stone
finish. Decorative concrete tilt-up wall means concrete with a combination
of paint and raised patterns, reveals, and/or trim lines.
When sound and visual attenuation requires a wall exceeding
six feet above the grade of the adjacent roadway, earth mounds shall
be used, such that no more than six feet of the wall is visible from
the roadway. The mounds shall not exceed a three-to-one (3:1) ratio
slope. The mounds may support the wall or be placed against the wall
on the street side.
Wall heights shall be limited to the standards in the applicable
zoning district.
ii.
No landscaping is required on the interior side of the screen
walls described in subparagraph (b)(i), above, regardless of the percentage
of open space landscaping required.
The minimum required open space, as required by this title,
shall be limited to the perimeter landscaping surrounding the perimeter
screening wall or fencing described in subparagraph (b)(i), above.
Said perimeter landscaping shall be no less than the applicable required
yard setbacks.
iii. Solid walls surrounding facilities which are below
grade of an adjacent street or property shall incorporate a berm/slope
along the entire length of the wall to ensure facilities are not visible
from public view.
iv.
Anti-graffiti coating or equivalent measure to prevent graffiti
shall be provided for all solid screen walls
v.
Except as set forth in subparagraph (vi), no equipment or appurtenances
not in an enclosed structure shall exceed the screen wall height described
in subparagraph (i), above, unless it can be demonstrated through
a line-of-sight analysis to the satisfaction of the director of community
development that the wall height will sufficiently screen said equipment
and/or appurtenances. Enclosures for batteries and other systems shall
not exceed fifteen feet in height.
vi.
Accessory structures such as utility poles or utility connection
equipment, substation switchyard and similar equipment, necessary
for the operation of the facility may exceed the height standards
of the applicable zone subject to the director of community developments
approval.
vii. Within the Business Park (BP) zone, all equipment
or appurtenances shall be located within an enclosed building. However,
accessory structures such as utility poles or utility connection equipment
substation switchyard, and similar equipment, necessary for the operation
of the facility is not required to be located within the enclosed
building.
viii. On-site parking shall be provided as specified
below:
(A) For sites occupied daily by employees or contractors,
one parking space per employee or contractor shall be provided.
(B) For unoccupied sites, one on-site parking space
shall be provided.
(C) All parking, fire access roadways, and drive aisles
shall be paved with asphalt or concrete, to the satisfaction of the
director of community development.
(D) All parking lots shall comply with Chapter
17.24 of this code.
(E) All facilities shall have an approved signage plan
including safety signage to be posted at the site.
(F) All improvements and site specifications shall
be subject to approval of a Hazard Mitigation Analysis. Said reports
shall be reviewed by the city of Temecula Fire Department and Building
and Safety Departments. These reports must be approved concurrently
with any entitlements. The purpose of this analysis is to evaluate
the potential for adverse effects to people or the environment related
to hazards and hazardous materials. The California Environmental Quality
Act (CEQA) requires the analysis of potential adverse effects of a
project on the environment. Consistent with Appendix G of the CEQA
Guidelines, a proposed project would cause adverse impacts related
to hazards and hazardous materials if they would create a significant
hazard to the public or the environmental through reasonably foreseeable
upset and accident conditions involving the release of hazardous materials
into the environment.
5.
Decommissioning.
a.
Decommissioning Plan. Prior to issuance of any building permits
related to decommissioning activities, the applicant shall submit
a decommissioning plan containing a narrative description of the activities
to be accomplished for removing the energy storage system from service,
and from the facility in which it is located. The decommissioning
plan shall also include:
i.
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all energy storage system components,
structures, equipment, security barriers, and transmission lines from
the site;
ii.
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
iii. The anticipated life of the battery energy storage
system;
iv.
The manner in which the battery energy storage system will be
decommissioned, and the site restored, including a description of
how any changes to the surrounding areas and other systems adjacent
to the battery energy storage system, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
v.
A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy storage
system from service that has been damaged by a fire or other event.
b.
Ownership Changes. If the owner of the battery energy storage
facility changes or the owner of the property changes, the project
approvals shall remain in effect, provided that the successor owner
or operator assumes in writing all the obligations of the project,
site plan approval, and decommissioning plan. A new owner or operator
of the battery energy storage facility shall notify the community
development department of such change in ownership or operator within
thirty days of the ownership change. A new owner or operator must
provide such notification to the community development department
in writing. The project and all approvals for the battery energy storage
facilities shall be void if a new owner or operator fails to provide
written notification to the community development department in the
required timeframe. Reinstatement of a voided project or approvals
will be subject to the same review and approval processes for new
applications under this chapter.
6.
Performance Measures and Standard Conditions of Approval. The
following measures shall be included as performance measures and standard
conditions of approval for all energy storage facilities.
a.
Facilities shall not store any products, goods, materials, or
containers outside of any building on site.
b.
Facilities shall comply with noise requirements in Chapter
9.20 of this code.
c.
Operators shall address any nuisance, safety issues or violations
of conditions of approval within forty-eight hours of being notified
by the city that an issue exists.
d.
Prior to the issuance of a certificate of occupancy or business
license, any operator of an energy storage facility shall sign a statement
acknowledging acceptance of all operational conditions of approval
associated with the approved entitlements for the facility.
7.
Finding of Economic Benefit; Public Benefit Agreement; Exempt
Projects.
a.
Consistent with
Public Resources Code Section 25545.9, and in
addition to all other findings and determinations necessary for the
grant of a CUP, no conditional use permit for an energy storage facility,
shall be granted unless the city finds that the construction and operation
of the facility will have an overall net positive economic benefit
to the city. For purposes of this subsection, economic benefits may
include, but are not limited to, any of the following:
iii. Infrastructure and environmental improvements.
iv.
Assistance to public schools and education.
v.
Assistance to public safety agencies and departments.
vi.
Property taxes and sales and use tax revenues.
b.
Consistent with
Public Resources Code Section 24454.10, no conditional
use permit for a battery energy storage facility, shall be granted
unless the city has entered into a legally binding and enforceable
agreement with, or that benefits, the city, where there is mutual
benefit to the parties to the agreement. The topics and specific terms
of the community benefits agreements may vary and may include funding
for or providing specific community improvements or amenities such
as park and playground equipment, urban greening, enhanced safety
crossings, and paving roads and bike paths.
c.
The city of Temecula finds and declares that, where a battery energy storage facility, utility scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the
Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the city, a community benefit agreement in the form described in subsection
a, above, shall satisfy the obligations on
Public Resources Code Section 24454.10.
(Ord. 02-11 §§ 1, 2, 3(K),
4(A)—(M); Ord. 04-11 §
2; Ord. 05-05 §§ 4, 5; Ord. 06-06 § 4; Ord. 07-15 § 11(I); Ord. 08-07 § 9; Ord. 08-08 § 7; Ord. 08-11 §§
15, 16, 17; Ord. 12-02 §§
6, 7; Ord. 14-01 §§ 16,
17; Ord. 16-05 § 7; Ord. 18-10 §§ 5, 6; Ord. 19-02 § 18; Ord.
20-05 § 3; Ord. 22-01 §§ 9—12; Ord. 22-06 § 9; Ord. 22-09 § 5; Ord. 23-03 §§ 17, 18; Ord. 23-11, 11/28/2023; Ord. 2023-13, 12/12/2023)
Any housing development project that, pursuant to state law,
requires ministerial approval or where the housing development project
is subject to discretionary review, but a specific plan or a planned
development overlay zoning district (PDO) does not otherwise set forth
objective design standards applicable to the project shall comply
with the Temecula Objective Design Standards for Multifamily and Mixed-Use
Developments.
(Ord. 22-02 § 8)