Temecula City Zoning Code
CHAPTER 17
01 GENERAL PROVISIONS
§ 17.01.010 Authority for this development code.
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)
§ 17.01.020 Short title.
This development code shall be known as the "city of Temecula development code," hereafter referred to as the "development code."
(Ord. 95-16 § 2)
§ 17.01.030 Purpose.
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)
§ 17.01.040 Relationship to general plan.
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)
§ 17.01.050 Relationship to the California Environmental Quality Act.
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)
§ 17.01.060 Relationship to other regulations.
A.
The provisions of this development code shall not be interpreted to repeal, amend, modify, alter or change any other regulation that is not specifically repealed, amended, modified, altered or changed.
B.
Nothing in this development code shall be interpreted to authorize the use of a lot or parcel in any way that is in violation of any other applicable statute, ordinance or regulation.
C.
When provisions of various adopted regulations are different, the more restrictive provisions shall apply.
D.
To the extent required by law, the rights given by any permit, license, or other approval under any ordinance repealed by this code may be continued. However, in the event of changes or modifications of the project or development plans, the modified project must be consistent with this code as adopted.
E.
Any use or structure that is in violation of the existing zoning ordinance as adopted by the city, upon the effective date of the ordinance codified in this development code, shall continue to be a violation, unless the standards, the use or structure violated are modified, and the use or structure conforms to the modified code.
(Ord. 95-16 § 2)
§ 17.01.070 Relationship to existing specific plans and Riverside Land Use Ordinance.
The development code shall repeal those portions of the Riverside County Land Use Ordinance formerly adopted by reference by the city. Existing specific plans No. 1, 2, 3, 4, 6, 9, 10, and 12 have been approved under the Riverside County Ordinance shall be designated and zoned based upon Table LU-1 (Land Use Designations) of the Land Use Element of the General Plan and Chapter 17.02 (Establishment of Zoning Districts) of this code. All land use determinations shall be at the sole discretion of the Director of Community Development per Section 17.03.020 of this code. The specific plan shall provide the development regulations for that area. However, if the specific plan does not address a particular standard, use, condition, or technological advancement, then the provisions of this title shall apply.
(Ord. 95-16 § 2; Ord. 2024-06, 10/8/2024)
§ 17.01.080 Effect of code.
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)
§ 17.01.090 Terminology.
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)
§ 17.01.100 Minimum requirements of the code.
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)
§ 17.01.110 Reference to any provision of this development code.
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)
§ 17.01.120 Severability of any provision of this development code.
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)
§ 17.01.130 Nuisances.
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)
§ 17.01.140 Titles and headings.
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)
