Temecula City Zoning Code
CHAPTER 17
04 PERMITS
§ 17.04.010 Conditional use permits.
A.
Purpose and Intent. A conditional use permit is intended to allow the establishment of those uses which have some special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The conditional use permit provides the city with the means to review the location, design, configuration of uses, operations, and potential impact and compatibility with the surrounding area.
No conditional use permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit signed by the secretary of the planning commission designating the conditions of its issue thereon, and executes his or her written consent or otherwise consents to the conditions imposed. No permit shall be issued until the time for filing an appeal from decisions of the planning commission as provided in Section 17.03.090 has expired, or in the event of such appeal, after the final determination thereof by the city council.
B.
Application Requirements. Applications for conditional use permits shall be completed in accordance with Section 17.03.030 of this development code.
C.
Authority. Conditional use permits shall require a public hearing as follows:
1.
When conditional use permit involves an existing building, the director of planning shall have the authority to approve, conditionally approve or deny an application for a conditional use permit. Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090.
2.
When a conditional use permit accompanies an application for a development plan for a new building that is less than ten thousand square feet, the director of planning shall have the authority to approve, conditionally approve, or deny an application for conditional use permit. Decisions of the director of planning may be appealed to the planning commission, pursuant to Section 17.03.090.
3.
When a conditional use permit accompanies an application for a development plan for a new building that is ten thousand square feet or greater, or whenever the director of planning has determined that the matter should be forwarded to the planning commission. The planning commission shall have the authority to approve, conditionally approve, or deny an application for a conditional use permit. Decisions of the planning commission may be appealed to the city council, pursuant to Section 17.03.090.
D.
Hearing and Notice. Upon the determination that a conditional use permit application is complete, a public hearing shall be scheduled with the director of planning or the planning commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this code.
E.
Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare.
1.
To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings:
a.
The proposed conditional use is consistent with the general plan and the development code.
b.
The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures.
c.
The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood.
d.
The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community.
e.
That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission, or city council on appeal.
2.
Conditions of approval imposed by the planning director, planning commission or city council on appeal for a conditional use may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use.
3.
Any conditional use permit granted or approved hereunder shall be approved or conditionally approved with the city, and its planning commission and city council retaining and reserving the right and jurisdiction to review and to modify such conditional use permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size, or nature of the business, and the expansion, alteration, reconfiguration or change of use.
F.
Notice of Decision. Notice of decision upon an application for a conditional use permit shall be in accordance with Section 17.03.040(E) of this development code.
G.
Expiration of Conditional Use Permit. Within two years of approval of a conditional use permit, commencement of use shall have occurred or the approval shall be subject to expiration. Commencement of use shall be defined by the issuance of a building permit for conditional uses involving new construction or the actual occupancy of an existing structure for a conditional use not involving new construction. If after three years, the commencement of the use for which a conditional use permit was issued has not occurred, the planning director may provide a notice to the permit holder that the conditional use permit is subject to expiration and that a public hearing before the planning commission will be held to determine whether or not the planning commission shall determine that the conditional use permit expired. Notice of the hearing shall be given in accordance with Section 17.03.040. The planning commission shall take evidence regarding what use, if any, the permit holder has made of the conditional use permit and determine if such use is significant to justify extending or continuing the conditional use permit. Additionally, if after commencement of the use under the conditional use permit, the active use of the conditional use permit is discontinued for a period of three years, then the conditional use permit shall be deemed abandoned.
H.
Time Extension. Notwithstanding the foregoing, the permittee may, prior to the expiration of the conditional use permit, apply for up to three one-year extensions of time in which to use the conditional use permit. Each extension of time shall be granted in one-year increments only.
An application for an extension of time shall be made to the planning director, on forms provided by the planning department and shall be filed with the planning department, accompanied by the appropriate filing fee. Within thirty days following the filing of an application for an extension of time, the planning director may approve, conditionally approve or deny the application. An extension of time may be granted by the planning director only upon a determination that the property and use are consistent with the general plan, land use ordinance, and all other city ordinances and regulations. For any time extension that administratively extends an approval that was originally approved at a public hearing, notice of the planning director's decision to administratively approve a time extension shall be posted at the site and mailed at least ten days prior to its approval to the applicant and its representative (as shown on the application); to the property owner (as shown on the latest available equalized assessment roll of the county of Riverside) or the owner's agent; to all persons whose names and addresses appear on the latest available assessment roll of the county of Riverside as owners of property within a distance of six hundred feet from the exterior boundaries of the site for which the application is filed (a minimum of thirty property owners); to anyone filing a written request for notification; and to such other persons whose property might, in the planning director's judgment, be affected by the establishment of the use or zone requested. Notice shall also be sent to public departments, bureaus, or agencies which are determined by the planning director to be affected by the application. For matters that are considered to have special significance or impact, the planning director may refer such items to the planning commission for consideration at a noticed public hearing.
Any conditional use permit which is not used within the time specified in the grant of approval, or, if no time is specified, within one year of the effective date of such approval, shall become subject to termination. The planning director may extend such approval for a period not to exceed one year provided an application requesting the extension is filed prior to the original expiration date. For purposes of this section, "used" means the commencement of construction activity or any activity authorized by the grant of approval or conditional approval.
Any proceeding to enforce the expiration of any conditional use permit or variance granted hereunder shall commence with notice to the permit holder of the city's intent to enforce the same and following the hearing requirements of the following paragraph.
The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must thereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use.
I.
Reservation of Right to Review Conditional Use Permit. Any conditional use permit granted or approved hereunder, shall be approved or conditionally approved with the city, and its planning director, planning commission, and city council retaining and reserving the right and jurisdiction to review and modify such conditional use permit (including the conditions of approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the business, a change in scope, emphasis, size or nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any conditional use permit granted or approved or conditionally approved hereunder by the city, its planning director, planning commission, and city council is in addition to, and not lieu of, the right of the city, its director of planning, planning commission, and city council to review and modify any conditional use permit approved or conditionally approved hereunder for any violations of the conditions imposed on such conditional use permit or for the maintenance of any nuisance condition or other code violation thereon.
J.
Modifications of a Conditional Use Permit. Requests to modify a conditional use permit shall be made in conformance with the provisions of Section 17.05.030.
K.
All conditional use permits that include the on-site consumption of alcohol, shall be physically posted on site in a conspicuous manner viewable to customers, patrons or guests and presented upon request to any law enforcement or city staff authorized to enforce this chapter. The posting shall include the approval letter, conditions of approval, and approved site plan.
(Ord. 95-16 § 2; Ord. 96-19 § 2(I) and (J); Ord. 97-17 § 7; Ord. 03-04 § 2; Ord. 10-07 § 31; Ord. 14-01 § 9; Ord. 19-02 § 9; Ord. 20-08 §§ 5—8; Ord. 23-03 § 16)
§ 17.04.020 Temporary use permits.
A.
Purpose and Intent.
1.
The provisions of this chapter shall govern special events and temporary uses on private property. Special events on public property shall be governed by Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events on Public Property.
2.
The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Some activities associated with a master temporary use permit for automobile and truck dealerships may exceed one year in duration.
B.
Permitted Uses. Temporary uses are divided into three general categories: major, minor and master. Major temporary uses have a potential to create health and safety problems, can occur on undeveloped property, could create traffic problems and/or could potentially disrupt community life. Minor temporary uses occur on developed private property, generally commercial, for very short time periods. These temporary uses produce little noise, and have no impacts to adjacent properties or to traffic and public safety. Master temporary uses are similar, in effect, to minor temporary uses; however, they commonly occur for longer time periods.
1.
Major Temporary Uses. The following major temporary uses may be permitted, subject to the issuance of a temporary use permit.
a.
Real estate offices and model homes within approved development projects;
b.
Temporary construction offices in all zones, except the open space and conservation zone;
c.
On- and off-site contractors' construction yards in conjunction with an approved active development project;
d.
Trailers, coaches or mobilehomes as a temporary residence of the property owner when a valid residential building permit is in force. The permit may be granted for up to one hundred eighty days, or upon expiration of the building permit, whichever first occurs;
e.
Christmas tree sales lots, however, a permit shall not be required when such sale is in conjunction with a business operating from a permanent building on a developed commercial site, holding a valid business license, provided such activity shall be only held from November 1st through December 31st;
f.
Fairs, festivals and concerts, when not held within premises designed to accommodate such events, such as auditoriums, stadiums, or other public assembly facilities;
g.
Pumpkin sales lots;
h.
Seasonal sale of agricultural products;
i.
Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days; and
j.
Vendor and/or farmers markets that propose the use of parking stalls, drive isles, entrances or exits, walkways or other methods of travel, pedestrian and vehicular, to and from the site.
2.
Minor Temporary Uses. The following minor temporary uses may be permitted, subject to the issuance of a temporary use permit.
a.
Outdoor display and sales of merchandise within commercial land use districts, including sidewalk sales that exceed the regulations set forth in Section 17.10.020(K), shall not exceed sixteen days per calendar year per business or organization and are subject to the following provisions:
i.
Merchandise displayed or sold must be customarily sold on the premises by a permanently established business,
ii.
The maximum number of consecutive days for any one event shall not exceed nine calendar days,
iii.
Events exceeding five consecutive calendar days shall be fully enclosed in a tent so as to minimize any aesthetic impacts,
iv.
Set-up and take-down of tents, lighting, fencing, merchandise and/or items for the event shall not be counted towards the allowable event days per calendar year, except that setup shall not exceed one and one-half days and take-down shall not exceed one and onehalf days unless otherwise authorized by the planning director,
v.
Any event comprising of a partial day shall count as one calendar day;
b.
Public health and safety activities, including emergency clinics and temporary inoculation centers;
c.
Vendor stands (nonmobile);
d.
Flower sales (nonmobile);
e.
Special lighting exhibits including spotlights;
f.
Veterinary clinics on developed sites that are not in conjunction with a veterinary facility (i.e., pet store, groomer);
3.
For temporary uses that are not listed in subsections (B)(1) and (B)(2) of this section, the director of planning may, at his or her sole discretion, determine whether an unlisted temporary use should be classified as major or minor. This determination shall be based upon the similarities and differences with the above listed uses and an assessment of the proposed temporary use's compatibility with the zoning district and surrounding land uses.
4.
Master Temporary Use Permits. Minor weekend promotional events at automobile and truck dealerships are allowed within Area B, as shown in Exhibit 17.04.020, with the approval of a master temporary use permit. For purposes of this subsection, a "dealership site" means an automobile sales business on one or more contiguous legal parcels of land, selling one or more brand names under the management of a single business name. All master temporary use permits shall be consistent with the following provisions:
Exhibit 17.04.020 Area B  |
a.
Duration. Minor weekend promotional events may begin at twelve p.m. on Friday and be completely removed by ten a.m. of the following Monday. If the following Monday is a state holiday, then the event must terminate by ten a.m. on the day after the following Monday.
b.
Canopies.
i.
The maximum number of canopies per site is six depending on the lot size.
ii.
The maximum square footage of each canopy may not exceed three hundred ninety-nine square feet.
iii.
Canopies shall not be located within twenty feet of property lines or in the right-of-way.
iv.
Canopies shall be adequately braced and anchored to prevent weather-related collapse.
v.
Canopies must be in good condition. Weathered or dilapidated canopies shall not be used.
vi.
Canopies shall be composed of flame-resistant material or shall be treated with a flame retardant in an approved manner and shall have permanently affixed labels bearing the identification of flame retardant fabric and/or the date and type of flame retardant applied.
vii.
Open flames (cooking equipment, heating sources, etc.) shall not be located within twenty feet of a canopy.
viii.
Portable fire extinguishers (Type 2A:10B:C) shall be kept within seventy-five feet of each canopy used on-site.
ix.
No signage or advertising shall be attached to the canopies.
c.
Banners.
i.
The maximum number shall be two banners per street frontage.
ii.
The maximum areas for each banner shall not exceed sixty square feet.
iii.
The vertical dimension shall not exceed six feet and shall not be located more than eight feet above the ground, unless the banner is attached to the building.
iv.
Banners shall be mounted to a frame. The frame shall be constructed of attractive permanent materials and shall be constructed so that no additional supports or bracing is required.
d.
Jolly Jumps. The maximum number of jolly jumps, or other similar child entertainment devices, shall be three per site.
e.
Food Services. Food services are allowed subject to all rules and regulations of the Riverside County health department.
f.
Balloons. The standards for helium and ambient balloons shall be the same as those standards defined in Chapter 17.28 of this title.
g.
Activities associated with minor weekend promotional events shall not block, restrict or impair any of the following:
C.
Authority. A temporary use permit may be approved, conditionally approved or denied administratively by the director of planning. The director may refer such initial application to the planning commission. Decisions of the director may be appealed to the planning commission, pursuant to Section 17.03.090 of this development code.
D.
Findings. The director of planning may approve, or conditionally approve a temporary use permit application, only when the following findings can be made:
E.
Conditions of Approval. In approving an application for a temporary use permit, conditions may be imposed when deemed necessary to ensure that the permit will be in accordance with the intent of this development code. These conditions may involve any pertinent factors affecting the operation of such temporary event, or use, and may include, but are not limited to:
1.
Provision for a fixed period not to exceed ninety days for a temporary use not occupying a structure, including promotional activities, or one year for all other uses or structures, or for a shorter period of time as determined by the director, except that residential model home complexes and automobile and truck dealerships may be approved for any appropriate period of time;
2.
Provision for temporary parking facilities, including vehicular ingress and egress, except that residential model home complexes may be approved for any appropriate period of time;
3.
Regulation of nuisance factors such as, but not limited to, prevention of glare or direct illumination on adjacent properties, noise, vibration, smoke, dust, din, odors, gases and heat;
4.
Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;
5.
Provision for sanitary and medical facilities;
6.
Provision for solid, hazardous and toxic waste collection and disposal;
7.
Provision for security and safety measures;
8.
Regulation of signs;
9.
Regulation of operating hours and days, including limitation of the duration of the temporary use;
10.
Submission of a performance bond or other surety devices, to ensure that any temporary facilities or structures used will be removed from the site within a reasonable time following the event and that the property will be restored to its former condition;
11.
A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the municipal code;
12.
Any other conditions which will ensure the operation of the proposed temporary use in an orderly and efficient manner and in accordance with the intent and purpose of this section.
F.
Revocation. A temporary use permit may be revoked or modified by the director in accordance with Section 17.03.080.
G.
Exemptions. The following entities or organizations are exempt from the requirements of this section:
1.
City, state, federal, school district, community college district, or other public agencies' events when the events are conducted wholly on that agency's property or with the consent of another public property owner and when the events do not require public road closures or encroachment upon adjacent public streets.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(K) and (L); Ord. 97-17 § 3(B); Ord. 99-24 § 1; Ord. 05-06 §§ 1—6; Ord. 06-06 § 6(B); Ord. 06-12 §§ 2—4; Ord. 08-08 §§ 4—6; Ord. 09-06 § 1; Ord. 18-06 § 1; Ord. 19-02 §§ 10, 11; Ord. 2023-13, 12/12/2023; Ord. 2024-06, 10/8/2024)
§ 17.04.030 Home occupation permits.
A.
Purpose and Intent. The home occupation permit is intended to regulate enterprises which are conducted within homes in residential zoning districts that are clearly incidental and secondary to the use of the dwelling unit and compatible with surrounding residential uses. A home occupation permit allows for the gainful employment in the home by the occupant(s) of a dwelling, to the extent that the enterprise does not require frequent customer access or have associated characteristics which would reduce the surrounding residents' enjoyment of their neighborhood.
B.
Application Requirements and Procedure. Applications for home occupation permits shall be completed on special forms provided by the planning department. The application shall be reviewed by the planning director. A home occupation permit shall be granted, if the request conforms to the requirements listed below.
C.
Authority. The director of planning shall have the authority to approve, conditionally approve, or deny a request for a home occupation permit.
D.
Requirements for Approval, Conditional Approval or Denial of a Home Occupation Permit.
1.
The home occupation shall be conducted entirely within a dwelling or attached enclosed building and must be clearly subordinate to the use of the dwelling for residential purposes. Further, not more than twenty percent of the gross floor area shall be used exclusively for a home occupation, including area used for storage. Horticultural activities only may be conducted outdoors, but shall be within the rear one-half of the parcel.
2.
The home occupation shall not alter the appearance of the dwelling unit such that the structure is likely to be recognized as serving a nonresidential use (either by color, materials or construction, lighting, signs, sounds or noise, vibrations, etc.).
3.
There shall be no on-site sales of goods or displays of goods.
4.
There shall be no signs other than the address and name of resident(s).
5.
There shall be no advertising which identifies the home occupation by street address.
6.
Activities conducted and equipment, or material or hazardous materials used shall be identified on the home occupation permit application and shall not change the fire safety or occupancy classifications of the premises.
7.
No use shall create or cause hazards or public nuisances due to noise, dust, vibration, odors, smoke, glare, electrical interference, or other reasons: therefore, shall be in conformance with the environmental standards in Section 17.08.080.
8.
Not more than one employee other than residents of the dwelling unit, shall be allowed to work, gather or congregate on the premises in connection with a home occupation with the exception of babysitters or domestic staff. Home occupations utilizing an outside employee must provide one additional parking space for the outside employee.
9.
There shall be no excessive or unsightly storage of materials, supplies, equipment, indoors or outdoors, for purposes other than those permitted in the residential district in which it is located.
10.
The home occupation shall not generate pedestrian or vehicular traffic beyond that which is normal and incidental to the residential district in which it is located.
11.
The home occupation shall not result in use of water, sewer, electrical, and natural gas utilities in amounts greater than is normally provided for residential use.
12.
The home occupation permit shall be valid only for the person to whom it is issued, at the address for which it is issued, and during the period of time for which a valid city business license has been issued.
13.
The applicant shall agree in writing to all conditions.
14.
If the home occupation is to be conducted on rental property, the property owner's written authorization for the proposed use shall be obtained prior to the submittal for a home occupation permit.
15.
A maximum of two vehicles shall be dedicated to the home occupation. This two-vehicle limit includes instances where more than one home occupation permit is issued for the same residence.
16.
Appointments for in-home services that require client visitation to the residence shall be scheduled individually (1:1) and nonconsecutive so that not more than one client is on the premises at any given time.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(M), (N) and (O); Ord. 2023-13, 12/12/2023); Ord. 2025-12, 8/12/2025)
§ 17.04.040 Variances.
A.
Purpose and Intent. The purpose of a variance is to provide for equity in the development of property, and to prevent unnecessary hardships that might result from a strict or literal interpretation and enforcement of certain regulations prescribed by this development code. Variances from the terms of the development code shall only be granted when because of special circumstances applicable to the property, including size, shape, topography location or surroundings, the strict application of the code deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classifications.
B.
Application Requirements. Applications for variance requests shall be completed in accordance with Section 17.03.030 of this development code.
C.
Authority of Hearing Bodies for Variance. The planning commission shall have the authority to hear and act upon a variance in accordance with this development code. The city council shall have the authority to hear and act upon any appeal to the decision of the planning commission, pursuant to Section 17.03.090 of the development code.
D.
E.
Hearings and Notice. Upon receipt in proper form of a completed application, the director of planning shall schedule and hold a public hearing with the planning commission. Notice of the time, date and place of the hearing shall be given as provided in Section 17.03.040 of this development code. Decisions of the planning commission may be appealed to the city council in accordance with the provisions of Section 17.03.090.
F.
Findings. The decision-making body may grant a variance with such conditions as are found necessary to protect the public health, safety or general welfare in accordance with this section.
The decision-making body may approve or conditionally approve an application for a variance only if all the following findings are made:
1.
That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone.
2.
The circumstances and characteristics for the variance were not created by the applicant.
3.
The variance does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other persons located in the vicinity.
4.
The variance places suitable conditions on the property to protect surrounding properties.
5.
The variance does not permit uses which are not otherwise allowed in the zone.
G.
Notice of Decision. Notice of decision upon an application for a variance shall be in accordance with Section 17.03.040(E) of this development code.
(Ord. 95-16 § 2; Ord. 96-19 §§ 2(P)—(S))
§ 17.04.060 Hillside development permit.
A.
Purpose and Intent. A hillside development permit is required to facilitate and permit the orderly development of property within the HR-SM (Hillside Residential-Santa Margarita) and the OS-C-SM (Conservation-Santa Margarita) zoning districts within the Santa Margarita area annexation. The permit process will ensure that projects comply with a set of hillside development standards aimed at protecting the public health, safety and welfare; protecting and preserving natural and biological resources for longterm benefit of the city by carefully considering the size, type, location, density, and intensity of development based on available infrastructure; the geographic steepness of terrain; presence of unique geographic conditions and constraints; and presence of environmentally sensitive areas. Specific regulations and standards address the following city objectives:
B.
Application Requirements. Applications for a hillside development permit shall be completed in accordance with Section 17.03.030 of the Temecula Municipal Code.
C.
Authority of Hearing Bodies for a Hillside Development Permit. The planning commission shall have the authority to hear and act upon a hillside development permit in accordance with the Temecula development code. The city council shall have the authority to hear and act upon any appeal to the decision of the planning commission, pursuant to Section 17.03.090 of the development code.
D.
Hearing and Notice. Upon the determination that a hillside development permit application is complete, a public hearing shall be scheduled with the planning commission. Notice of the time, date and place of public hearing shall be given as provided in Section 17.03.040 of this code.
E.
Approval. A hillside development permit may, based on findings set forth in this section, be approved, conditionally approved or denied after a public hearing. Decisions of the planning commission may be appealed to the city council, pursuant to Section 17.03.090 of the Temecula Municipal Code.
F.
Findings. The planning commission may approve or conditionally approve a hillside development permit only when the following findings can be made:
1.
The hillside development permit does not permit uses that are not otherwise allowed in the zone;
2.
The proposed use is compatible with the nature, character and use of the surrounding area;
3.
The proposed use will not adversely affect adjacent residents or structures;
4.
The nature and location of the proposed use will not be detrimental to the health, safety, or welfare of the community;
5.
The hillside development permit places suitable conditions on the project to protect surrounding properties.
G.
Notice of Decision. A copy of the notice of decision shall be provided to the applicant in accordance with Section 17.03.040(E) of the Temecula Municipal Code.
(Ord. 08-15 § 3; Ord. 10-05 § 3)