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HomeMy WebLinkAbout02052020 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA FEBRUARY 5, 2020 - 6:00 PM CALL TO ORDER: Chairperson Turley-Trejo FLAG SALUTE: Commissioner Watts ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT A total of 30 minutes is provided for members of the public to address the Planning Commission on items that appear on the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Planning Commission on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the Commission Secretary prior to the Planning Commission addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward. For all Public Hearing or Business items on the agenda, a Request to Speak form may be filed with the Commission Secretary prior to the Planning Commission addressing that item. On those items, each speaker is limited to five minutes. CONSENT CALENDAR All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless members of the Planning Commission request specific items be removed from the Consent Calendar for separate action . 1.Minutes Approve the Planning Commission Special Meeting Action Minutes of December 30, 2019 Recommendation: Action MinutesAttachments: PUBLIC HEARING Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues Page 1 Planning Commission Agenda February 5, 2020 you or someone else raised at the public hearing or in written correspondence delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with a decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within fifteen (15) calendar days after service of written notice of the decision. The appeal must be filed on the appropriate Community Development Department form and be accompanied by the appropriate filing fee. 2.Long Range Long Range Planning Application Number LR 19-0498, amending Title 17 and Title 18 of the Temecula Municipal Code related to small cell wireless facilities located within the public right-of-way, Brandon Rabidou Adopt a resolution entitled: PC RESOLUTION NO 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 AND TITLE 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B) (3)." Recommendation: Staff Report PC Resolution Exhibit A - Draft City Council Ordinance Notice of Public Hearing Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, February 19, 2020, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business Page 2 Planning Commission Agenda February 5, 2020 hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 Page 1 ACTION MINUTES TEMECULA PLANNING COMMISSION SPECIAL MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA DECEMBER 30, 2019 - 10:00 AM CALL TO ORDER at 10:00 AM: Chairperson Watts FLAG SALUTE: Commissioner Youmans ROLL CALL: Guerriero, Telesio, Turley-Trejo, Watts, Youmans PUBLIC COMMENT - None CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (5-0): Motion by Turley -Trejo, Second by Guerriero. The vote reflected unanimous approval. 1. Minutes Recommendation: Approve the Action Minutes of November 20, 2019. PUBLIC HEARING 2. Planning Application Nos. PA19-1164 and PA19-1165, a Development Plan and Conditional Use Permit for the construction of an approximately 54,383 square foot Temecula Valley Lexus automobile dealership that includes rooftop parking, sales, service, and parts storage located at 42081 DLR Drive, Scott Cooper Recommendation: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 19-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1165, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF AN APPROXIMATELY 54,383 SQUARE FOOT TEMECULA VALLEY LEXUS AUTOMOBILE DEALERSHIP THAT INCLUDES ROOFTOP PARKING, SALES, SERVICE, AND PARTS STORAGE LOCATED AT 42081 DLR DRIVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Planning Commission Action Minutes December 30, 2019 Page 2 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 19-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA19-1164, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 54,383 SQUARE FOOT TEMECULA VALLEY LEXUS AUTOMOBILE DEALERSHIP THAT INCLUDES ROOFTOP PARKING, SALES, SERVICE, AND PARTS STORAGE LOCATED AT 42081 DLR DRIVE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Approved the Staff Recommendation (5-0): Motion by Guerriero, Second by Telesio. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 10:12 AM, the Planning Commission meeting was formally adjourned to Wednesday, January 15, 2020, at 6:00 p.m., in the City Council Chambers, 41000 Main Street, Temecula, California. __________________________________________ Gary Watts, Chairperson __________________________________________ Luke Watson, Director of Community Development 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE OF MEETING: Feburary 5, 2020 PREPARED BY: Brandon Rabidou, Case Planner PROJECT SUMMARY: Long Range Planning Application Number LR19-0498, amending Title 17 and Title 18 of the Temecula Municipal Code related to small cell wireless facilities located within the public right-of-way RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an Ordinance amending Title 17 and Title 18 of the Temecula Municipal Code related to small wireless facilities within the public right-of-way CEQA: Categorically Exempt Section 15061(b)(3) BACKGROUND SUMMARY On September 27, 2018, the Federal Communications Commission (“FCC”) issued a Declaratory Ruling and Third Report (“FCC Ruling”), which became effective January 14, 2019. The purpose of the FCC Ruling was to simplify the expansion of next generation small wireless site facilities (known as “5G networks”) required for the expansion of 5G networks by removing state and local government barriers. The issue for jurisdictions is that the small wireless technology that will support next generation wireless networks require many smaller wireless sites in closer proximity to create a network. This is a departure from macro wireless sites that can cover a much larger area. The three key methods the FCC Ruling uses to accomplish its goal of increasing the deployment of next generation wireless networks are:  Allow only objective reasonable fees that local agencies are able to charge wireless carriers for placement of small wireless facilities in the public right-of-way;  Place a time limit on jurisdictions to consider and approve small wireless facilities applications; and  Limit non-fee regulations that impede new small wireless facility sites, including regulating aesthetics. The FCC Ruling reiterated Congress’ intent to preempt state and local regulations that prohibit or have the effect of prohibiting telecommunications services, while acknowledging that Congress 2 preserved state and local authority over the placement, construction, and modification o f certain wireless facilities. Local jurisdiction regulations cannot discriminate among providers and, again, cannot prohibit or have the effect of prohibiting the provision of service. It is the City’s intention to work closely with the carriers to develop solutions beneficial to all, while maintaining our local control of City right of way. On April 9, 2019, the City Council adopted an Urgency Ordinance that added a new section pertaining to small wireless facilities within the public right-of-way and a design policy for small wireless facilities to address the FCC’s ruling. The City Council also adopted a policy on small wireless facilities in the public right-of-way. After further review, the City’s consultant recommend that the City relocate the existing Municipal Code section related to small wireless facilities within the public right-of-way contained in Title 17 (Zoning) to Title 18 (Construction, Grading, and Encroachments). This change is necessary for several reasons. One, the FCC’s ruling provides limits on costs, time, and the duration of reviews for small cells located within the public right-of-way. In order to meet all of these requirements, the City has determined that a unified encroachment permit is the most efficient way to approve the small cell permits. Encroachment permits are addressed in Title 18. Two, the Federal Government and FCC are expected to take further action related to small wireless facilities. These changes may further restrict the City’s ability to regulate small wireless facilities in the public right-of-way. By moving the section related to small cells in the public right-of-way from Title 17 to Title 18, the City Council will be able to respond more quickly to policy, procedural, and legal changes. Staff is currently working on an updated City Council Policy on Small Wireless Facilities in the Public Right-of-Way that will be brought before the City Council in the near future. This policy, which is designed to be amended more efficiently, will contain objective standards that small wireless facilities must comply with and are intended to maintain the City’s aesthetic requirements, while still meeting the requirements of the FCC order. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the SD Union Tribune on January 24, 2020. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will relocate an existing section of the Temecula Municipal Code from Title 17 to Title 18 of the Temecula Municipal Code. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. ATTACHMENTS: 1. PC Resolution 2. Exhibit A- Draft City Council Ordinance 3. Notice of Public Hearing PC RESOLUTION NO. 2020- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 AND TITLE 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061(B) (3).” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend the adopted Municipal Code to amend Title 17 and Title 18 of the Temecula Municipal Code (Planning Application No. LR19-0498). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meetin g, considered the application and environmental review on February 5, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. The Ordinance is consistent with the City of Temecula General Plan, and each element thereof. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit “A”. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending that the City Council adopt the Ordinance, hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 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. The proposed amendments to Title 17 and of the Temecula Municipal Code do not proposed any land use that is inconsistent with the Temecula General Plan. The proposed amendments do any change any uses or the intensity of uses. The proposed amendm ents relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re-organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula’s General Plan Community Design Policy 2.1 states, Establish and consistently apply design standards and guidelines for both residential and non-residential development. Community Design Policy 4.2 states, “Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements.” The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City’s ability to apply design standards. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City’s ability to comply with the adopted General Plan. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The Ordinance will have no adverse environmental affects because it will relocate an existing section of the Temecula Municipal Code from Title 17 to Title 18 of the Temecula Municipal Code. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR19-0498, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of February 2020. Lanae Turley-Trejo, Chairperson ATTEST: Luke Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2020- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th day of February 2020, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Luke Watson Secretary ORDINANCE NO. 2020- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 17 AND 18 OF THE TEMECULA MUNICIPAL CODE RELATED TO SMALL CELL WIRELESS FACILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to amend Titles 17 and 18 of the Temecula Municipal Code to relocate the existing Section 17.04.260 (“Small Wireless Facilities in the Public Right-of- Way”) to a new Chapter of Title 18 of the Temecula Municipal Code to be named Chapter 18.13 (“Small Wireless Facilities in the Public Right-of-Way”). B. The Planning Commission considered the proposed amendments to Title 17 Zoning of the Temecula Municipal Code (“Ordinance”) on February 5, 2020, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 2020-XX, recommending that the City Council approve the Title 17 and Title 18 amendments. D. The City Council, at a regular meeting, considered the Ordinance on ___, 2020, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 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. The proposed amendments to Title 17 and of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. The proposed amendments do any change any uses or the intensity of uses. The proposed amendments relocate an existing section of Title 17 Temecula Municipal Code to Title 18 of the Temecula Municipal Code. The proposed amendments are a re-organization of one section of the Temecula Municipal Code and do not propose any land use changes contrary to the adopted General Plan. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. The City of Temecula’s General Plan Community Design Policy 2.1 states, “Establish and consistently apply design standards and guidelines for both residential and non-residential development.” Community Design Policy 4.2 states, “Establish a comprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements.” The proposed amendments will continue to allow the City to establish unified streetscape standards, including aesthetics, within the constraints of federal law for small cell wireless facilities. The proposed amendments would relocate one section from Title 17 to Title 18 which would not change the City’s ability to apply design standards. 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. The proposed amendments to the Temecula Municipal Code are a minor reorganization of the existing Temecula Municipal Code and will not impact the City’s ability to comply with the adopted General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed ordinance would have a significant impact on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The proposed Municipal Code amendments are a simple reorganization, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines. Section 4. Section 17.40.260 (Small wireless facilities in the public right-of-way) of Chapter 17.40 (Telecommunications Facility and Antenna Ordinance) of Title 17 (Zoning) of the Temecula Municipal Code is hereby deleted in its entirety. Section 5. Title 18 (Construction, Grading, and Encroachments) is amended to add a new Chapter 18.13 (Small wireless facilities in the public right-of-way) which reads as follows: “Chapter 18.13 Small Wireless Facilities in the Public Right-of-Way. Section 18.13.010 Permit Application. Section 18.13.020 Fees. Section 18.13.030 Severability. Section 18.13.010 Permit Application. Notwithstanding any other provision of this chapter as provided herein, all small wireless facilities as defined by the Federal Communications Commission (“FCC”) in 47 C.F.R. § 1.6002(1), as may be amended or superseded, must submit an application and obtain a permit as specified in the City Council Policy on Small Wireless Facilities in the Public Right-of-Way, which shall be adopted and may be amended by City Council Resolution. All small wireless facilities shall comply with the City Council Policy on Small Wireless Facilities in the Public Right-of-Way. A standard City encroachment permit may also be required as a condition of small wireless facility permit approval. Section 18.13.020 Fees. Small wireless facilities shall pay the following fees, as applicable: A. $500 for non-recurring fees, including a single up-front application fee that includes up to five small wireless facilities, with an additional $100 for each small wireless facility beyond five, or $1,000 for non-recurring fees for a new pole (i.e., not a collocation) intended to support one or more small wireless facilities; and B. $270 per small wireless facility per year for all recurring fees, including any possible right- of-way access fee or fee for attachment to municipally-owned structures in the right-of-way. C. The establishment of the above-referenced fees does not in any way affect the right of the City to (1) adopt a resolution amending any of the fees adopted in this Section if the City finds that the fees are insufficient to compensate the City for its reasonable costs related to the permitting and administration of small wireless facilities; or (2) enter into an agreement with any wireless provider with respect to the deployment of small wireless facilities, which provides for the payment of fees that exceed the amounts established in this Section; or (3) adopt an entirely different fee structure, including a market-based fee structure, in the event that any FCC Order is invalidated or modified in any way with respect to fees related to small wireless facilities. Section 18.13.030 Severability. In the event that any FCC Order regarding small wireless facilities is invalidated by a court of competent jurisdiction or repealed and not replaced, the provisions set forth in Chapter 17.40 shall control over the Policy on Small Wireless Facilities in the Public Right-of-Way.” Section 6. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordina nce shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 7. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2020. James Stewart, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2020- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2020, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: LR19-0498 PROPOSAL: A Resolution of the Planning Commission of the City of Temecula recommending that the City Council adopt an ordinance entitled “An ordinance of the City Council of the City of Temecula amending Title 17 and Title 18 of the Temecula Municipal Code related to small cell wireless facilities located within the public right-of-way and finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061(b)(3)” ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3) CASE PLANNER: Brandon Rabidou, (951)-506-5142 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: February 5, 2020 TIME OF HEARING: 6:00 p.m. The complete agenda packet (including any supplemental materials) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website – TemeculaCA.gov and will be available for public review at the respective meeting. Any writing distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. – 5:00 p.m. In addition, such material will be made available on the City’s website – TemeculaCA.gov – and will be available for public review at the meeting. Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and control led by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Questions? Please call the Community Development Department at (951) 694-6400.