Temecula City Zoning Code

Projects that comply with the requirements of this chapter are permitted by right.

Form of Application. An application for a project pursuant to this chapter shall be completed on a form provided by the planning department for an administrative review. The administrative review application shall be reviewed by the planning director and shall be granted if the planning director finds that the application complies with all of the requirements in this chapter.

Notice of Decision. A notice of decision for an administrative review application shall be mailed first class and postage pre-paid to both the applicant and its representative (as shown on the application) and to any person who has made a written request for a copy of the decision.

Expiration of Administrative Approval. Within three years of the date of approval for the administrative review application, commencement of construction shall have occurred or the approval shall become null and void.

Revocation. Approval of an administrative review application may be revoked or modified by the planning commission in accordance with Section 17.03.080.

The applicant shall enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe, and provide a copy of this agreement to the city before the director approves the administrative review application. This Agreement shall address the following:

The applicant shall comply with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the MSHCP implementing agreement, and pay any applicable fees including any local development mitigation fee.

The applicant shall comply with all requirements of the building codes adopted by the city, pursuant to Chapter 15.04 of this code.

The applicant shall enter into an agreement with the city, approved and executed by the city manager in a form approved by the city attorney, whereby the applicant agrees to:

The applicant shall comply with the requirements of the city's public art ordinance, as set forth in Chapter 5.08 of this code.

The applicant shall pay any applicable transportation uniform mitigation fees, as set forth in Chapter 15.08 of this code.

The applicant shall pay any applicable development impact fees, as set forth in Chapter 15.06 of this code.

The applicant shall comply with all requirements of the NPDES MS4 permit and Chapter 18.06 herein, including preparing a water quality management plan, paying all fees, obtaining all permits, and entering into any necessary operating and maintenance agreements related thereto. The property owner shall provide for the effective establishment, operation, management, use, repair, and maintenance of all drainage facilities and pollution prevention devices outlined in the WQMP for the project.

The applicant shall comply with the city's sign standards, as set forth in Chapter 17.28 of this code. All projects approved pursuant to this chapter shall comply with the standards applicable to signs in residential districts, even if the underlying zoning district for the property is professional office, public-institutional, or another nonresidential zoning district, except that any project in the Uptown Temecula specific plan area shall follow the sign standards in the Uptown Temecula specific plan.

The applicant shall comply with the requirements of the city's water efficient landscape ordinance, as set forth in Chapter 17.32 of this code.

The applicant shall comply with all objective health and safety standards, as determined by the Riverside County environmental health department.

If determined applicable by the city, the applicant shall submit a geotechnical report by a certified engineer, geologist or civil engineer practicing within their area of competence. The applicant also shall pay all fees associated with a city or city-contracted third party review of said geotechnical report. The applicant shall mitigate all seismic risks in compliance with the Alquist-Priolo Act, Seismic Hazards Mapping Act, and any subsequent seismic legislation.

Where no subdivision is required, and if determined applicable by the city, the applicant shall enter into a reciprocal access easement, maintenance agreement, or other agreement, in a form approved by the city attorney, ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features. Prior to the issuance of the grading permit, the applicant shall record a copy of this agreement in the public records of the county of Riverside, and a copy of the agreement shall be filed with the office of the city clerk, and a copy shall be provided to the planning department.

The purpose of this section is to establish standards and requirements for dedications and improvements in connection with the development of land pursuant to this chapter in which no subdivision is involved.

Dedications Required. Applicants who propose a development pursuant to this chapter shall provide, by means of an offer of dedication or other appropriate conveyance as approved by the city attorney, the rights-of-way necessary for the construction of any street as shown on the circulation plan in the general plan, any applicable specific plan, or otherwise required by the director of public works in compliance with an established street system or plan. Rights-of-way shall be provided for improvements to existing facilities, including rights-of-way for storm drains or other required public facilities. All rights-of-way shall be accompanied by a title report and be free of all liens and encumbrances. Dedications required by this section shall be made before the issuance of a building permit.

Public Improvements Required. Applicants who propose a project pursuant to this chapter shall cause to construct all necessary public improvements in compliance with city specifications upon the property and along all street frontages adjoining the property, unless adequate public improvements already exist. In each instance, the director of public works shall determine whether or not the necessary improvements exist and are adequate.

Construction of Public Improvements. If the director of public works determines that public improvements are required, these public improvements shall be designed to city standards and their construction guaranteed by an improvement agreement secured by a bond or cash deposit before issuance of a building permit. If the building permit is not exercised, the improvement obligation shall terminate and the security shall be returned. The director of public works is authorized to execute agreements on behalf of the city.

Except as otherwise stated herein, the objective standards and regulations applicable to multifamily projects in the high density residential zoning district, as outlined in Chapter 17.06, shall apply to all projects developed pursuant to this chapter. If the project is located within a specific plan or planned development overlay area, the project shall comply with all objective standards contained in the applicable specific plan or planned development overlay, including, but not limited to, design requirements, fees, landscaping, and mitigation monitoring programs; however, where the applicable specific plan or planned development overlay standards conflict with the high density residential zoning district standards with respect to density and height, the high density residential zoning district standards shall apply. Notwithstanding the foregoing, housing projects and mixed-use projects developed pursuant to this chapter on sites that are located in the Uptown Temecula specific plan area shall comply with the objective standards and regulations provided in the Uptown Temecula specific plan, except that the specific requirements of this section regarding minimum density and affordable units shall apply.

Projects developed pursuant to this chapter may consist of entirely residential uses, or may be structured as mixed-use projects with commercial and residential uses if the underlying zoning is Uptown Temecula specific plan and allows for mixed-use projects. Mixed-use projects shall be allowed only if residential uses occupy at least fifty percent of the total floor area of the mixed-use project.

Projects developed pursuant to this chapter shall be considered a high density residential use for the purposes of determining maximum noise levels under Table N-1 in Section 9.20.040 of this code.

At least twenty percent of the residential units of each building developed pursuant to this chapter shall be reserved for households earning no greater than eighty percent of area median income adjusted for family size appropriate to the unit. The units shall be sold or rented at an affordable housing cost or affordable rent, as those terms are defined in Sections 50052.5 and 50053 of the California Health and Safety Code. If the units are rental units, the affordable units shall be deed-restricted for a period of not less than fifty-five years. If the units are for-sale units, the units shall be sold in accordance with California Government Code Section 65915.

For any project that is developed pursuant to this chapter, the affordable units 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.

Any project developed pursuant to this chapter shall provide a residential density of no less than twenty dwelling units per acre, with a maximum density of thirty units per acre.

An applicant for a project pursuant to this chapter may apply for a density bonus in accordance with Government Code Section 65915. For the purposes of any density bonus granted, the maximum allowable residential density for a project applying for by-right approval in the affordable housing overlay shall be thirty dwelling units per acre.

A legally binding agreement, in a form approved by the city attorney, shall be executed and recorded against the property to ensure that the property complies with all of the requirements of this chapter, including, but not limited to, the requirement that affordable units shall be deed-restricted for a period of not less than fifty-five years.

The property owner shall record the regulatory agreement prior to recording any final map for the underlying property, or prior to the issuance of any building permit for the project, whichever comes first. The regulatory agreement shall be binding on all future owners and successors of interests of the project.

The city manager is authorized to execute the regulatory agreement, and any related document(s), on behalf of the city council for projects approved pursuant to this chapter.