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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 5, 2022 - 6:00 PM
CALL TO ORDER: Chairperson Watts
FLAG SALUTE:Commissioner Ruiz
ROLL CALL: Hagel, Ruiz, Telesio, Turley-Trejo, Watts
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. For all Public Hearing or Business items on the agenda, each speaker is limited to five
minutes. Public comments may be made in person at the meeting by submitting a speaker card to the
Commission Secretary or by submitting an email to be read aloud into the record at the meeting by the
Commission Secretary. Email comments must be submitted to stuart .fisk@Temeculaca.gov. Email
comments on all matters, including those not on the agenda, must be received prior to the time the item
is called for public comments. Email comments shall be subject to the same rules as would otherwise
govern in person public comments.
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 Action Minutes of December 1, 2021Recommendation:
Action MinutesAttachments:
2.Director's Hearing Summary Report
Receive and File Director's Hearing Summary ReportRecommendation:
MemorandumAttachments:
Page 1
Planning Commission Agenda January 5, 2022
BUSINESS
3.Selection of Chair and Vice-Chair of the Commission for 2022 Calendar Year
That the Commission:
a)Select its Chair to serve calendar year 2022
b)Select its Vice-Chair to serve calendar year 2022.
c)Recognition of 2021 Chairperson Watts
Recommendation:
Selection of Chair and Vice Chair for 2022Attachments:
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
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.
4.Planning Application No. PA21-0449, a Development Plan for a fuel station consisting of seven
fueling pumps, a 245 square foot kiosk, an approximately 3,337 square foot retail building, and
an approximately 940 square foot garage and storage space, and PA21-0780, a Tentative Parcel
Map (TPM 38189) to subdivide an existing lot into two separate lots located on the southwest
corner of Wolf Store Road and Butterfield Stage Road, Scott Cooper
Adopt a resolution entitled:
PC RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA21-0449, A DEVELOPMENT PLAN FOR A FUEL STATION
CONSISTING OF SEVEN FUELING PUMPS, A 245 SQUARE FOOT
KIOSK, AN APPROXIMATELY 3,337 SQUARE FOOT RETAIL
BUILDING, AND AN APPROXIMATELY 940 SQUARE FOOT
GARAGE AND STORAGE SPACE LOCATED ON THE
SOUTHWEST CORNER OF WOLF STORE ROAD AND
BUTTERFIELD STAGE ROAD, AND MAKING A FINDING OF
EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES (APN:
960-030-013)
PC RESOLUTION NO. 2022-
Recommendation:
Page 2
Planning Commission Agenda January 5, 2022
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA21-0780, A TENTATIVE PARCEL MAP (TPM 38189) TO
SUBDIVIDE AN EXISTING LOT INTO TWO SEPARATE LOTS
LOCATED ON THE SOUTHWEST CORNER OF WOLF STORE
ROAD AND BUTTERFIELD STAGE ROAD., AND MAKING A
FINDING OF EXEMPTION UNDER SECTION 15332 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES (APN: 960-030-013)
Agenda Report
Aerial Map
Planned Reductions
PC Resolution- - Development Plan
Exhibit A - Draft Conditions of Approval
PC Resolution - Tentative Parcel Map
Exhibit A - Draft Conditions of Approval
Notice of Exemption
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, January 19, 2022, at
6:00 PM, City Council Chambers, 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
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
1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
DECEMBER 1, 2021 - 6:00 PM
CALL TO ORDER at 6:00 PM: Chairperson Watts
FLAG SALUTE: Commissioner Turley-Trejo
ROLL CALL: Hagel, Ruiz (absent), Telesio (absent), Turley-Trejo, Watts
PUBLIC COMMENT - None
CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (3-0, Ruiz and Telesio absent): Motion by Hagel, Second by
Turley-Trejo. The vote reflected unanimous approval with Ruiz and Telesio absent.
1. Minutes
Recommendation: Approve the Action Minutes of November 17, 2021
PUBLIC HEARING
2. Long Range Planning Application Number LR18-1684, an amendment to Title 17 (Zoning) of
the Temecula Municipal Code to revise the multi-family definition and to establish objective
design standards that will apply to any housing development project or mixed used housing
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 PDO does not
otherwise set forth objective design standards applicable to the project, Sara Toma
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2021-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT (1) A RESOLUTION ADOPTING THE OBJECTIVE DESIGN
STANDARDS FOR MULTI-FAMILY AND MIXED-USE
DEVELOPMENTS AND (2) AN ORDINANCE ENTITLED “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 17 (ZONING) OF THE TEMECULA
MUNICIPAL CODE TO REVISE MULTI-FAMILY DEFINITION
2
AND REQUIRE THAT MULTI-FAMILY AND MIXED-USE
DEVELOPMENTS COMPLY WITH OBJECTIVE DESIGN
STANDARDS AND MAKE THE FINDING THAT THIS ORDINANCE
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061(B)(3) AND GOVERNMENT CODE SECTION
65852.21 (J) AND 66411.7(N) (LONG-RANGE PROJECT NO.
LR18-1684)”
Approved the Staff Recommendation (3-0, Ruiz and Telesio absent): Motion by Turley-Trejo,
Second by Hagel. The vote reflected unanimous approval with Ruiz and Telesio absent.
3. Long Range Planning Project Number LR20-1223, 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 Titles 15 and 17 of the Temecula
Municipal Code to (1) comply with state law changes to large family day care homes, (2) clarify
the standards that apply to senior housing, transitional housing, supportive housing, emergency
shelters, trash enclosures, self-storage or mini-warehouse facilities and to projects using the
affordable housing overlay zone, (3) establish standards and requirements for dedications and
improvements for developments without a subdivision, (4) update how development impact fees
can be used, (5) clarify where artificial turf can be installed, and (6) make minor typographical
edits and finding that this ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA guidelines section 15061 (b)(3),” Brandon Rabidou
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2021-41
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 TITLES
15 AND 17 OF THE TEMECULA MUNICIPAL CODE TO (1)
COMPLY WITH STATE LAW CHANGES TO LARGE FAMILY DAY
CARE HOMES, (2) CLARIFY THE STANDARDS THAT APPLY TO
SENIOR HOUSING, TRANSITIONAL HOUSING, SUPPORTIVE
HOUSING, EMERGENCY SHELTERS, TRASH ENCLOSURES,
SELF-STORAGE OR MINI-WAREHOUSE FACILITIES AND TO
PROJECTS USING THE AFFORDABLE HOUSING OVERLAY
ZONE, (3) ESTABLISH STANDARDS AND REQUIREMENTS FOR
DEDICATIONS AND IMPROVEMENTS FOR DEVELOPMENTS
WITHOUT A SUBDIVISION, (4) UPDATE HOW DEVELOPMENT
IMPACT FEES CAN BE USED, (5) CLARIFY WHERE ARTIFICIAL
TURF CAN BE INSTALLED, AND (6) MAKE MINOR
TYPOGRAPHICAL EDITS AND FINDING THAT THIS ORDINANCE
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (B)(3)"
3
Approved the Staff Recommendation (3-0, Ruiz and Telesio absent): Motion by Turley-Trejo,
Second by Hagel. The vote reflected unanimous approval with Ruiz and Telesio absent.
COMMISSIONER REPORTS
COMMUNITY DEVELOPMENT DIRECTOR REPORT
PUBLIC WORKS DIRECTOR REPORT
ADJOURNMENT
At 7:00 PM, the Planning Commission meeting was formally adjourned to Wednesday, December 15,
2021, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Gary Watts, Chairperson
Luke Watson, Deputy City Manager
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission Chairperson and members of the Planning Commission
FROM: Luke Watson, Deputy City Manager
DATE: January 5, 2022
SUBJECT: Director's Hearing Summary Report
Community Development Director’s Agenda item(s) for November 2021.
Date
Case No.
Proposal
Applicant
Action
November 18, 2021
PA21-0881
A resolution of the Director of Community
Development of the City of Temecula
Approving Planning Application No. PA21-
0881, a Conditional Use Permit application
to allow for an indoor used car dealership
at 27491 Diaz Road and making a finding
of exemption under the California
Environmental Quality Act (CEQA) (APN
921-040-003)
Ahmad
Youssufzay
APPROVED
DH RESOLUTION
NO. 2021-06
Attachments: Action Agendas
ACTION AGENDA
ACTION AGENDA
TEMECULA COMMUNITY DEVELOPMENT
DIRECTOR'S HEARING MEETING
TEMECULA CITY HALL
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
NOVEMBER 18, 2021 - 1:30 PM
CALL TO ORDER at 1:30 PM: Luke Watson, Director of Community Development
PUBLIC COMMENTS: None
Item No. 1 1:30 PM
Project Number: PA21-0881
Project Type: Conditional Use Permit
Project Title: Car Dealer CUP
Applicant: Ahmad Youssufzay
Project Description: Planning Application Number PA21-0881, a Conditional Use Permit
application to allow for an indoor used car dealership. The project is
located at 27491 Diaz Road.
Environmental Action: Section 15301, Class 1, Existing Facilities
Project Planner: Eric Jones, Case Planner
ACTION: APPROVED
ADJOURNMENT: The meeting was adjourned at 1:32 PM
SELECTION OF
CHAIR AND VICE CHAIR
OF THE COMMISSION
FOR 2022 CALENDAR YEAR
a) Select nominations and vote for Chairperson to preside until December 31, 2022
b) Select nominations and vote for Vice Chairperson to hold this office until
December 31, 2022
c) Recognition of outgoing Chairperson Gary Watts
City of Temecula Planning Commission Meeting January 5, 2022
1
STAFF REPORT – PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: January 5, 2022
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Deputy City Manager
PREPARED BY: Scott Cooper, Case Planner
PROJECT
SUMMARY:
Planning Application No. PA21-0449, a Development Plan for a fuel
station consisting of seven fueling pumps, a 245 square foot kiosk,
an approximately 3,337 square foot retail building, and an
approximately 940 square foot garage and storage space; and PA21-
0780, a Tentative Parcel Map (TPM 38189) to subdivide an existing
lot into two separate lots located on the southwest corner of Wolf
Store Road and Butterfield Stage Road
RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of
Approval
CEQA: Categorically Exempt
Section 15332, Class 32, In-Fill Development Projects
PROJECT DATA SUMMARY
Name of Applicant: Kevin Zenk
General Plan
Designation:
Highway Tourist (HT)
Zoning Designation: Vail Ranch Specific Plan (SP-10)
Existing Conditions/
Land Use:
Site: Vacant / Highway Tourist (HT)
North: Wolf Store Road, Commercial Center / Highway Tourist (HT)
South: Temecula Creek / Open Space (OS)
East: Butterfield Stage Road, Commercial Center / Community
Commercial (CC)
West: Wolf Store Road / Highway Tourist (HT)
2
Existing/Proposed Min/Max Allowable or
Required
Lot Area: 1.08 Acres Fuel Station
1.08 Acres Retail
0.46 Acres Minimum
Total Floor Area/Ratio:
0.05 Fuel Station
0.09 Retail
0.30 Maximum
Landscape Area/Coverage:
20% Fuel Station
28.1% Retail
20.0% Minimum
Parking Provided/Required: 2 Parking Spaces Fuel
Station
12 Parking Spaces Retail
2 Parking Spaces Fuel
Station
12 Parking Spaces Retail
BACKGROUND SUMMARY
On March 25, 2021, Kevin Zenk submitted Planning Application PA21-0449, a Development
Plan, and on June 3, 2021, submitted Planning Application No PA21-0780, a Tentative Parcel
Map. The applications will permit for the development of a fuel station consisting of seven
fueling pumps, a 245 square foot kiosk, an approximately 3,337 square foot retail building, and
an approximately 940 square foot garage and storage space; and a Tentative Parcel Map (TPM
38189) to subdivide an existing lot into two separate lots located on the southwest corner of Wolf
Store Road and Butterfield Stage Road.
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
Site Plan
The project is located within Planning Area 20 of the Vail Ranch Specific Plan which allows for
the development of a fuel station and retail buildings. The applicant seeks to construct a new fuel
station consisting of seven fueling pumps, a 245 square foot kiosk, an approximately 3,337
square foot retail building, and an approximately 940 square foot garage and storage space.
The vehicular access to the project is from three driveways along Wolf Store Road which is a
private road. The westernmost driveway will access the retail building and the center and
easternmost driveway will access both the fuel station and the retail building. The project is
required to provide two (2) parking spaces for a service station use and 12 spaces for a retail use
per Table 17.24.040 of the City of Temecula Development Code. As this project proposes two
individual lots, each use is required to meet the minimum number of parking spaces on that
individual lot. The project proposes the minimum number of spaces required for each use and
lot.
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Architecture
The architectural design of the entire project proposes elements, materials and colors that match
the adjacent Ralph’s grocery store commercial center to continue the architectural style and
theme for the project site along Wolf Store Road.
Landscaping
The project would provide 20% landscaping on the service station portion of the project and
28.1% landscaping on the retail portion of the project which equals or exceeds the minimum
20% landscape requirement of the development code. Plant types include fruitless olive, crape
myrtle, emerald carpet, little john, and kangaroo paw.
Tentative Parcel Map
The proposed Tentative Parcel Map will allow for the subdivision of an existing lot into two
separate lots. Each parcel will meet all Vail Ranch Specific Plan, Municipal Code, and General
Plan requirements. The Tentative Parcel Map will allow for future development of the project
site in accordance with the proposed Development Plan.
LEGAL NOTICING REQUIREMENTS
The notice of the public hearing was published in the Press Enterprise on December 23, 2021
and mailed to the property owners within 600-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review (Section 15332, In-Fill
Development Projects);
(a) The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and regulations.
The project is consistent with the applicable General Plan designation because service station
and retail building uses are allowable uses within Planning Area 20 of the Vail Ranch Specific
Plan. The project also meets all applicable General Plan and Zoning policies and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five
acres substantially surrounded by urban uses.
The project is located within City limits and is located on a site that is 2.15 acres in size. The
proposed project is substantially surrounded by commercial buildings, residential development,
Temecula Creek, and major roadways.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The proposed Development Plan and Tentative Parcel Map are located on a project site that is
located within an MSHCP criteria cell. As part of the entitlement on this site the project went
through the HANS/JPR process with the Regional Conservation Authority in which JPR 21-05-
13-01 determined that the project is consistent with both the criteria and other plan
4
requirements, no conservation of land was required, and that the project site does not contain
any suitable habitat for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
The proposed project was required to prepare a Project-Specific Water Quality Management
Plan (WQMP) that was reviewed and conceptually accepted for entitlement by City Staff as the
WQMP meets the requirements of the City of Temecula. A traffic analysis was not required as
part of this project as the proposed uses are allowed within the zoning district, and there is
nothing unique about this project that would trigger the need for a traffic analysis. Therefore,
the project is not anticipated to result in any significant effects relating to traffic, noise, air
quality, or water quality as the project are allowed uses per the City of Temecula General Plan,
and the zoning district.
(e) The site can be adequately served by all required utilities and public services.
The project site is surrounded by development and is able to be serviced by all required utilities
and public services.
FINDINGS
Development Plan (Code Section 17.05.010.F)
The proposed use is in conformance with the General Plan for Temecula and with all applicable
requirements of State law and other Ordinances of the City.
The project is consistent with the applicable General Plan designation because a fuel station and
retail building are allowable uses within Planning Area 20 of the Vail Ranch Specific Plan.
Therefore, the proposed project is in conformance with the General Plan. The project is also
consistent with other applicable requirements of State law and local Ordinances, including the
Citywide Design Guidelines, and Fire and Building codes.
The overall development of the land is designed for the protection of the public health, safety,
and general welfare.
The overall design of the project, including the site, building, parking, circulation and other
associated site improvements, is consistent with, and intended to protect the health and safety of
those working and living in an around the site as the project is consistent with the General Plan,
City Wide Design Guidelines, and Development Code. The project has been reviewed for, and
as conditioned, has been found to be consistent with all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety, and welfare.
Tentative Maps (Section 16.09.140)
The proposed subdivision and the design and improvements of the subdivision are consistent
with the Development Code, General Plan and City of Temecula Municipal Code.
5
Tentative Parcel Map No. 38189 has been designed in a manner that is consistent with and
meets all development and design standards of the General Plan, the Subdivision Ordinance, the
Development Code, the Municipal Code, and the Vail Ranch Specific Plan.
The Tentative Map does not propose to divide land which is subject to a contract entered into
pursuant to the California Land Conservation Act of 1965.
The subject parcel does not propose to divide land which is subject to a contract entered into
pursuant to the California Land Conservation Act of 1965. The subject property has not been
designated for conservation or agricultural land, and is not subject to the California Land
Conservation Act of 1965.
The site is physically suitable for the type and proposed density of development proposed by the
Tentative Map.
The project consists of a Tentative Parcel Map on vacant property that is suitable and
designated for commercial development, which is consistent with the Vail Ranch Specific Plan,
General Plan, and Development Code. The proposed Tentative Parcel Map would subdivide a
single parcel into two individual parcels.
The design of the subdivision and the proposed improvements, with Conditions of Approval are
not likely to cause significant environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
The proposed Tentative Parcel Map is eligible for a categorical exemption pursuant to section
15332 (In-Fill Development Projects) of the California Environmental Quality Act. The project
consists of a Tentative Parcel Map on vacant property and does not propose any grading,
construction or development. As conditioned, the project is not likely to cause significant
environmental damage or substantially and avoidably injure fish or wildlife or their habitat as
no development is proposed as part of the Tentative Parcel Map.
The design of the subdivision and the type of improvements are not likely to cause serious public
health problems.
The project consists of a Tentative Parcel Map on vacant property and does not propose any
grading or construction. As such, the project is not likely to cause public health problems.
The design of the subdivision provides for future passive or natural heating or cooling
opportunities in the subdivision to the extent feasible.
The project consists of a Tentative Parcel Map on vacant property and does not propose any
grading or construction. Any future development on the project site will be in accordance with
the requirements of the California Building Code in effect at that time as it relates to heating and
cooling.
6
The design of the subdivision and the
ATTACHMENTS 1. Aerial Map
2. Plan Reductions
3. PC Resolution – Development Plan
4. Exhibit A - Draft Conditions of Approval
5. PC Resolution – Tentative Parcel Map
6. Exhibit A – Draft Conditions of Approval
7. Notice of Exemption
8. Notice of Public Hearing
BUT
T
ERF
I
EL
D ST
AGE RDT E M E C U L A P K W Y
W O LF S TO R E R D
Project Site
CITY OF TEMECULA PA21-0449
0 400200 Feet\Date Created: 4/6/2021
1:2,4001 inch = 200 feet
960-030-013
The map PA21-0449.mxd is maintained by City of Temecula GIS. Data and information represented on this map are subject to updateand modification. The City of Temecula assumes no warranty or legal responsibility for the information contained on thismap. This map is not for reprint or resale. Visit the City of Temecula GIS online at https://temeculaca.gov/gis
PC RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA21-0449, A DEVELOPMENT PLAN
FOR A FUEL STATION CONSISTING OF SEVEN FUELING
PUMPS, A 245 SQUARE FOOT KIOSK, AN
APPROXIMATELY 3,337 SQUARE FOOT RETAIL
BUILDING, AND AN APPROXIMATELY 940 SQUARE
FOOT GARAGE AND STORAGE SPACE LOCATED ON
THE SOUTHWEST CORNER OF WOLF STORE ROAD
AND BUTTERFIELD STAGE ROAD, AND MAKING A
FINDING OF EXEMPTION UNDER SECTION 15332 OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) GUIDELINES (APN: 960-030-013)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On March 25, 2021, Kevin Zenk filed Planning Application No. PA21-0449 a
Development Plan in a manner in accord with the City of Temecula General Plan and Development
Code.
B. The Application 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 meeting, considered the Application and
environmental review on January 5, 2022, 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. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission approved Planning Application No. PA21-0449,
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the Application
hereby finds, determines and declares that in accordance with Temecula Municipal Code Section
17.05.010.F (Development Plan):
A. The proposed use is in conformance with the General Plan for Temecula and with
all applicable requirements of State law and other Ordinances of the City;
The project is consistent with the applicable General Plan designation because a fuel
station and retail building are allowable uses within Planning Area 20 of the Vail Ranch
Specific Plan. Therefore, the proposed project is in conformance with the General Plan.
The project is also consistent with other applicable requirements of State law and local
Ordinances, including the Citywide Design Guidelines, and Fire and Building codes.
B. The overall development of the land is designed for the protection of the public
health, safety, and general welfare;
The overall design of the project, including the site, building, parking, circulation and
other associated site improvements, is consistent with, and intended to protect the health
and safety of those working and living in an around the site as the project is consistent with
the General Plan, City Wide Design Guidelines, and Development Code. The project has
been reviewed for, and as conditioned, has been found to be consistent with all applicable
policies, guidelines, standards and regulations intended to ensure that the development
will be constructed and function in a manner consistent with the public health, safety, and
welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Development Plan:
A. In accordance with the California Environmental Quality Act, the proposed project
has been deemed to be categorically exempt from further environmental review (Section 15332,
In-Fill Development Projects);
(a) The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
The project is consistent with the applicable General Plan designation because service station and
retail building uses are allowable uses within Planning Area 20 of the Vail Ranch Specific Plan.
The project also meets all applicable General Plan and Zoning policies and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
The project is located within City limits and is located on a site that is 2.15 acres in size. The
proposed project is substantially surrounded by commercial buildings, residential development,
and major roadways.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The proposed Development Plan and Tentative Parcel Map are located on a project site that is
located within an MSHCP criteria cell. As part of the entitlement on this site the project went
through the HANS/JPR process with the Regional Conservation Authority in which JPR 21-05-
13-01 determined that the project is consistent with both the criteria and other plan requirements,
no conservation of land was required, and that the project site does not contain any suitable habitat
for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
The proposed project was required to prepare a Project-Specific Water Quality Management Plan
(WQMP) that was reviewed and conceptually accepted for entitlement by City Staff as the WQMP
meets the requirements of the City of Temecula. A traffic analysis was not required as part of this
project as the proposed uses are allowed within the zoning district, and there is nothing unique
about this project that would trigger the need for a traffic analysis. Therefore, the project is not
anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality
as the project are allowed uses per the City of Temecula General Plan, and the zoning district.
(e) The site can be adequately served by all required utilities and public services.
The project site is surrounded by development and is able to be serviced by all required utilities
and public services.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA21-0449, a Development Plan for a fuel station consisting of seven
fueling pumps, a 245 square foot kiosk, an approximately 3,337 square foot retail building, and an
approximately 940 square foot garage and storage space located on the southwest corner of Wolf
Store Rd. and Butterfield Stage Rd., and makes a finding of exemption under Section 15332 of the
California Environmental Quality Act (CEQA), subject to the Conditions of Approval 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 January, 2022.
, 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. 2022- 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 Janauary, 2022, by the
following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
PA21 -0449
A Development Plan for a fuel station consisting of seven fueling pumps, a 245 square foot kiosk, an approximately 3,337 square foot retail building, and an approximately 940 square foot garage and storage space located on the southwest corner of Wolf Store Road and Butterfield Stage Road.
Assessor's Parcel No.: 960-030-013
Commercial MSHCP Category:
Retail Commercial DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
Retail Commercial N/A (non-residential)
January 5, 2022 January 5, 2025
New Street In-lieu of Fee: N/A (not within the Uptown Temecula Specific Plan area)
PLANNING DIVISION
Within 48 Hours of the Approval
Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)).
1.
General Requirements
Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
2.
Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan.
3.
Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan.
4.
Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with the Vail Ranch Specific Plan. 5.
Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6.
Signage Permits. A separate building permit shall be required for all signage. 7.
Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest.
8.
Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 9.
Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed.
10.
Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times.
11.
Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Material Color Paint Sandstone Paint Dovetail 9SW7018) Paint Oyster White Bollards Safety Red Canopy Columns Canvas Tan (SW7531) Brick Accents Craftsman Brown (SW2835) Awning Bolero (SW7600)
12.
Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 13.
Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 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. Trash enclosures shall have anti dumping design features incorporated into the design of the trash enclosure, which prevent the transfer of materials over or around the trash enclosure. 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.” The area between the top of the wall and the top of the enclosure shall not remain open and available for dumping or other activities.
14.
Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 15.
Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 16.
Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development.
17.
Construction and Demolition Debris. The developer shall contact the City’s franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City’s franchise solid waste hauler for disposal of construction and demolition debris. Only the City’s franchisee may haul demolition and construction debris.
18.
Public Art Ordinance. The applicant shall comply with the requirements of the City’s Public Art Ordinance as defined in Chapter 5.08 of the Temecula Municipal Code. 19.
Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association.
20.
JPR Requirements. All Measures listed in Section 6.1.4 and Appendix C of JPR# 21-05-13-01 dated July 6, 2021 shall be implemented as part of the project. 21.
Prior to Issuance of Grading Permit
Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies.
22.
Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development.
23.
Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: “If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director.”
24.
Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place prior to issuance of a grading permit. To accomplish this, the applicant should contact the Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading permit. This Agreement will address the treatment and disposition of cultural resources, the designation, responsibilities, and participation of professional Pechanga Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered onsite. The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation with the project archaeologist in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified.
25.
Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: “If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and the qualified archaeologist and the Pechanga monitor shall investigate the find, and make recommendations as to treatment.”
26.
Archaeological Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property.”
27.
Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A Pechanga Tribal monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the project archaeologist and their designated monitors, to evaluate the significance of any potential resources discovered on the property."
28.
Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: “The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition.”
29.
Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: “All sacred sites are to be avoided and preserved.” 30.
Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: “No grubbing/clearing of the site shall occur prior to scheduling the pre-grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist.” If construction is delayed or suspended for more than 30 days after the survey, the area shall be resurveyed.
31.
Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation (See PL-4). The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any potential resources discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the limited authority to stop and redirect grading activities should an inadvertent cultural resource be identified. The archaeologist shall provide a final monitoring report at the end of all earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information Center at UC, Riverside.
32.
Human Remains. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the “most likely descendant(s)” of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in these conditions.
33.
Prior to Issuance of Building Permit
Transportation Uniform Mitigation Fee (TUMF). The Western Riverside County of Governments administers and collects the Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance (paid to WRCOG). The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. Additional information on payment, fees, and points of contact can be found at http://www.wrcog.cog.ca.us/174/TUMF
34.
Downspouts. All downspouts shall be internalized. 35.
Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee.
36.
Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees.
37.
Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan.
38.
Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, “Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond.” The applicant/owner shall contact the Planning Division to schedule inspections.
39.
Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, “The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection.”
40.
Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget.
41.
Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program.
42.
Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, “Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond.” The applicant/owner shall contact the Planning Division to schedule inspections.
43.
Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas.
44.
Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 45.
Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped (which may include a requirement for regular irrigation) for dust and soil erosion control.
46.
WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities and shall reference the approved precise grading plan for WQMP features.
47.
Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees.
48.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the all residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development.
49.
Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order.
50.
Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant.
51.
Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 52.
Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 53.
Outside Agencies
Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated April 29, 2021, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier’s check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee.
54.
Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health’s transmittal dated June 30, 2021, a copy of which is attached.
55.
Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District’s transmittal dated June 3, 2021, a copy of which is attached.
56.
Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Rancho California Water District’s transmittal dated June 3, 2021, a copy of which is attached.
57.
PUBLIC WORKS DEPARTMENT
General Requirements
Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency.
58.
Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision.
59.
Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 60.
Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City’s Engineering and Construction Manual and as directed by Public Works.
61.
Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements; and b. from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way.
62.
Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be submitted to Public Works for review and approval.
63.
Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 64.
Prior to Issuance of a Grading Permit
Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 65.
Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from applicable agencies such as RCFC&WCD and other affected agencies.
66.
Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City’s Engineering & Construction Manual at: www.TemeculaCA.gov/ECM
67.
Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements.
68.
NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project’s Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml
69.
Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement.
70.
Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted.
71.
Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project.
72.
Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site’s soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections.
73.
Geological Report. The developer shall complete any outstanding County geologist’s requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement.
74.
Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document’s format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan.
75.
Reciprocal Access Easement. The developer shall obtain an easement for reciprocal access over adjacent properties. The easement information shall be noted on the approved grading plan.
76.
Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 77.
Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid.
78.
American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610.
79.
Drainage Easement. A dedication for a drainage easement and a temporary construction easement along the easterly property line for the Riverside County Flood Control and Water Conservation District Butterfield Stage Road Drain Interceptor outlet shall be recorded.
80.
Prior to Issuance of Encroachment Permit(s)
Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency.
81.
Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards.
82.
Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. 83.
Prior to Issuance of Building Permit(s)
Final Map. Parcel Map No. 38189 shall be approved and recorded. 84.
Certifications. Certifications are required from the registered civil engineer-of-record certifying the building pad elevation(s) per the approved plans and from the soil’s engineer-of-record certifying compaction of the building pad(s).
85.
Prior to Issuance of a Certificate of Occupancy
Traffic. Prior to issuance of the first Certificate of Occupancy, the Developer shall post a $20,000 cash deposit to the City to monitor the traffic signal at the intersection of Butterfield Stage Road and Wolf Store Road. This cash bond will be held for one year and any unused amount will be returned to the Developer. The cash deposit can be used for: a. monitoring and evaluating traffic signal operations to determine potential traffic signal improvements, b. traffic counts, signal timing changes, traffic studies, traffic signal equipment, traffic signal improvements, and/or striping changes.
86.
Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement.
87.
Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works.
88.
Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771.
89.
Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 90.
BUILDING AND SAFETY DIVISION
General Requirements
Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal.
91.
Compliance with Code. All design components shall comply with applicable provisions of the most current edition of the California Building, Plumbing and Mechanical Codes; California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and Temecula Municipal Code as identified in Title 15 of the Temecula Municipal Code.
92.
ADA Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. Disabled access from the public way to the main entrance of the building. b. Van accessible parking located as close as possible to the main entrance of the building. c. Accessible path of travel from parking to the furthest point of improvement. d. Path of accessibility from parking to furthest point of improvement. e. Accessible path of travel from public right-of-way to all public areas on site, such as trash enclosures, clubhouses, and picnic areas.
93.
County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. All exterior LED light fixtures shall be 3,000 kelvin or below.
94.
Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single-family residential projects.
95.
Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees.
96.
Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 97.
Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Solid covers are required over new and existing trash enclosures.
98.
Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 99.
Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Code Section 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays.
100.
House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed.
101.
FIRE PREVENTION
General Requirements
Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6” x 4” x (2) 2 ½” outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula Municipal Code Section 15.16.020).
102.
Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5).
103.
Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal.
104.
Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 2,500 GPM at 20-PSI residual operating pressure for a 4-hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula Municipal Code Section 15.16.020).
105.
Prior to Issuance of Grading Permit(s)
Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020).
106.
Gradient of Access Roads. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 107.
Fire Dept. Turnaround. Dead end roadways, driveways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020).
108.
Prior to Issuance of Building Permit(s)
Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5).
109.
Prior to Issuance of Certificate of Occupancy
Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (Temecula Municipal Code Section 15.16.020). 110.
Addressing. New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020).
111.
Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). 112.
Additional Submittals (Fire Above/Below Ground Tanks). The developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health Department and Fire Prevention Bureau (CFC Chapter 57 and Temecula Municipal Code Section 15.16.020).
113.
Additional Submittals (Hazardous Materials). The applicant shall submit for review and approval by the City Fire Department a Hazardous Material Inventory Statement and Fire Department Technical Report. A full hazardous materials inventory report and color coded floor plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 50 through 67 and Temecula Municipal Code Section 15.16.020).
114.
POLICE DEPARTMENT
General Requirements
Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows.
115.
Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by “would-be burglars.” Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings.
116.
Berm Height. Berms shall not exceed three feet in height. 117.
Knox Box. Knox boxes with Police access are required at each gate leading into the property. Where access to or within a structure or an area is restricted because of secured opening or where immediate access is necessary for life-saving purposes, the Temecula Police Department is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access.
118.
Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 119.
Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed.
120.
Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 121.
Outdoor Lighting During Non-Business Hours. The applicant shall comply with the Governor’s order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in part, states, “All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, employees or property.” Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations.
122.
Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 123.
Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP.
124.
Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7.
125.
Roof Hatches. All roof hatches shall be painted “International Orange.” 126.
Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street.
127.
ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 128.
Employee Training. Employee training regarding retail/credit card theft, citizens’ arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit.
129.
Compliance with State Department of Alcoholic Beverage Control. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcoholic Beverage Control.
130.
Inspections and Training. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public.
131.
Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited.
132.
Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Office at (951) 695-2773 to set up a training date. Training should be completed prior to the grand opening of this business and periodic updated training should be conducted when new employees/management are hired.
133.
Identification Verification. Identification will be verified utilizing one of the following: (a) valid California driver’s license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver’s license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency.
134.
Acceptable Forms of Identification. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of business owners and any person who sells or serves alcoholic beverages to be aware of current laws and regulations pertaining to alcoholic beverages.
135.
Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that “the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life.” The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children’s play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be aware of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building.
136.
Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773.
137.
Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773.
138.
JASONE. UHLEYGeneral Manager-Chief Engineer1995 MARKET STREETRIVERSIDE, CA 9250I951.95s.1200951.788.9965 FAXwww.rcflood.orgRIVERSIDE COUNTY FLOOD CONTROLAND WATER CONSERVATION DISTRICT237913April29,202lCity of TemeculaCommunity Development Department41000 Main Street,Temecula CA 92590Attention: Scott CooperRe: PA2l-0449, APN 960-030-013The Riverside County Flood Control and Water Conservation District (District) does not normallyrecommend conditions for land divisions or other land use cases in incorporated cities. The District alsodoes not plan Check city land use cases or provide State Division of Real Estate letters or other floodhazard reports for such cases. District comments/recommendations for such cases are normally limitedto items of specific interest to the District including District Master Drainage Plan facilities, otherregional flood control and drainage facilities which could be considered a logical component or extensionof a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition,information of a general nature is provided.The District's review is based on the above-referenced project transmittal, received April 9, 2021. TheDistrict has not reviewed the proposed project in detail, and the following comments do not in any wayconstitute or imply District approval or endorsement of the proposed project with respect to flood hazard,public health and safety, or any other such issue:This project would not be impacted by District Master Drainage Plan facilities, nor are otherfacilities of regional interest proposed.This project involves District proposed Master Drainage Plan facilities, namely,. TheDistrict will accept ownership of such facilities on written request of the City. Facilities must beconstructed to District standards, and District plan check and inspection will be required forDistrict acceptance. Plan check, inspection, and administrative fees will be required.This project proposes channels, storm drains 36 inches or larger in diameter, or other facilitiesthat could be considered regional in nature and/or a logical extension of the adopted MurrietaCreek Master Drainage Plan. The District would consider accepting ownership of such facilitieson written request of the City. Facilities must be constructed to District standards, and Districtplan check and inspection will be required for District acceptance. Plan check, inspection, andadministrative fees will be required.This project is located within the limits of the District's Murrieta Creek (lMurieta Valley nTemecula Valley n Santa Gertrudis Valley lWarm Springs Valley) Area Drainage Plan forX
City of TemeculaRe: PA2l-0449, APN 960-030-013-2-April29,202l23'7913which drainage fees have been adopted. If the project is proposing to create additionalimpervious surface area, applicable fees should be paid by cashier's check or money order onlyto the Flood Control District or City prior to issuance of grading or building permits. Fees to bepaid should be at the rate in effect at the time of issuance of the actual permit.An encroachmentpermit shall be obtained for any construction related activities occurring withinDistrict right of way or facilities, namely, Temecula Creek or Butterfield Stage storm drain. Forfurther information, contact the District's Encroachment Permit Section at951.955.1266.The District's previous comments are still valid.GENERAL INFORMATIONThis project may require a National Pollutant Discharge Elimination System (NPDES) permit from theState Water Resources Control Board. Clearance for grading, recordation, or other final approval shouldnot be given until the City has determined that the project has been granted a permit or is shown to beexempt.If this project involves a Federal Emergency Management Agency (FEMA) mapped floodplain, the Cityshould require the applicant to provide all studies, calculations, plans, and other information required tomeet FEMA requirements, and should further require the applicant obtain a Conditional Letter of MapRevision (CLOMR) prior to grading, recordation, or other final approval of the project and a Letter ofMap Revision (LOMR) prior to occupancy.If a natural watercourse or mapped floodplain is impacted by this project, the City should require theapplicant to obtain a Section 1602 Agreement from the Califomia Department of Fish and Wildlife anda Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or writtencorrespondence from these agencies indicating the project is exempt from these requirements. A CleanWater Act Section 401 Water Quality Certification may be required from the local California RegionalWater Quality Control Board prior to issuance of the Corps 404 permit.Very truly yours,frr/"r4 dc&t*JutrDEBORAH DE CHAMBEAUEngineering Project Managerec: Riverside County Planning DepartmentAUn: Phayvanh NanthavongdouangsySLJ:blm
County of Riverside
DEPARTMENT OF ENVIRONMENTAL HEALTH
P.O. BOX 7909 ● RIVERSIDE, CA 92513-7909
KEITH JONES, DIRECTOR
Office Locations ● Blythe ● Corona ● Hemet ● Indio ● Murrieta ● Palm Springs ● Riverside
Phone (888)722-4234
www.rivcoeh.org
June 30, 2021
City of Temecula
Planning Department
Attn: Scott Cooper
41000 Main Street
Temecula CA 92590
SUBJECT: CITY OF TEMECULA – PA21-0449 WOLF STORE RD RALPH’S FUEL
STATION DP
(APN:960-030-013)
Dear Mr. Cooper:
The project listed in the subject heading is proposing a development plan to allow for a nine (9)
dispenser fueling station that includes a 174SF kiosk located on the southwest corner of Wolf
Store Road and Butterfield Stage Road, in the city of Temecula.
In accordance with the agreement between the County of Riverside, Department of
Environmental Health (DEH) and the City of Temecula, DEH offers the following comments for
the project(s) listed in the subject heading of this letter:
POTABLE WATER AND SANITARY SEWER
This project is proposing to receive potable water from Rancho California Water District
(RCWD) and sanitary sewer service from Eastern Municipal Water District (EMWD). It is the
responsibility of the developer to ensure that all requirements to obtain potable water and
sanitary sewer service are met with EMWD, as well as, all other applicable agencies.
As the agency providing sewer service, EMWD shall also have the responsibility to implement
any grease interceptor requirements, including sizing capacity and other structural specifications
if necessary.
All existing septic systems and/or wells shall be properly removed or abandoned under permit
with DEH.
ENVIRONMENTAL CLEANUP PROGRAM
Based on the information provided in the environmental assessment document previously
submitted, and with the provision that the information was accurate and representative of site
conditions, RCDEH-ECP (Riverside County Department of Environmental Health –
Environmental Cleanup Program) concludes no further environmental assessment is required for
this project.
If previously unidentified contamination or the presence of a naturally occurring hazardous
material is discovered at the site, assessment, investigation, and/or cleanup may be required.
Contact Riverside County Environmental Health - Environmental Cleanup Programs at (951)
955-8980, for further information.
HAZARDOUS MATERIALS MANAGEMENT BRANCH (HMMB)
Prior to building permit issuance, underground storage tanks and handling of any hazardous
materials/wastes will be reviewed by HMMB to ensure compliance with applicable California
Health and Safety codes, ordinance and other regulations. An annual operating permit will be
required.
Prior to conducting a building permit final, the facility shall require a business emergency plan
for the storage of any hazardous materials, greater than 55 gallons, 200 cubic feet or 500 pounds,
or any acutely hazardous materials or extremely hazardous substances. If further review of the
site indicates additional environmental health issues, HMMB reserves the right to regulate the
business in accordance with applicable County Ordinances.
Please contact HMMB at (951) 358-5055 to obtain information regarding any additional
requirements.
DISTRICT ENVIRONMENTAL SERVICES – PUBLIC/SEMI-PUBLIC FOOD/POOL
FACILITY
Prior to issuance of a building permit, the applicant shall be required to contact DEH District
Environmental Services to determine the appropriate food plan check and/or permitting
requirements. For further information, please call (951) 461-0284.
County of Riverside, Department of Environmental Health
District Environmental Services - Murrieta Office
38740 Sky Canyon Drive, Suite “A”
Murrieta CA 92563
Please contact your local DES office located in Murrieta at (951)461-0284.
Should you have any further questions or require further assistance, please contact me by email
at kakim@rivco.org or by phone at (951) 955-8980.
Sincerely,
Kristine Kim, Supervising REHS
Department of Environmental Health
June 3, 2021
Project No. 11760.023
City of Temecula, Planning Department
4100 Main Street
Temecula, CA 92590
Attention: Mr. Scott Cooper, Associate Planner
Subject: Geotechnical Peer Review #2
Proposed Ralph’s Fueling Station (PA21-0449)
Wolf Store Rd. and Butterfield Stage Road, Temecula, California
References: Geotechnical Engineering Investigation, Proposed Ralph’s Fueling Station, Wolf Store
Road and Butterfield Stage Road, Temecula, CA, by SALEM Engineering Group,
dated March 1, 2021 (revised and received on June 3, 2021), Project No. 3-221-0071.
In accordance with your request, we performed a peer review of the above referenced
geotechnical investigation report. The main purpose of our review is to confirm that the
submitted report generally complies with the requirements of the 2019 California Building
Code, applicable Local and State technical guidelines, and standard of care typically used
in this area and for this type of construction. Based on this review, we find that the above
revised report has adequately addressed our comments and as such, no further action is
required by the Consultant. Please note that our above opinion is to help the City in their
review process of the submitted report and SALEM Engineering Group remains solely
responsible for their findings and recommendations.
We appreciate this opportunity to be of service to City and please do not hesitate to us if
you have any question.
Respectfully submitted,
LEIGHTON CONSULTING, INC.
Robert F. Riha, CEG 1921
Senior Principal Geologist
Simon I. Saiid, PE, GE 2641
Principal Engineer
Distribution: (1) Addressee (PDF copy via email)
PC RESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA21-0780, A TENTATIVE PARCEL
MAP (TPM 38189) TO SUBDIVIDE AN EXISTING LOT
INTO TWO SEPARATE LOTS LOCATED ON THE
SOUTHWEST CORNER OF WOLF STORE ROAD AND
BUTTERFIELD STAGE ROAD., AND MAKING A FINDING
OF EXEMPTION UNDER SECTION 15332 OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
GUIDELINES (APN: 960-030-013)
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. On June 3, 2021, Kevin Zenk filed Planning Application No. PA21-0780 a
Tentative Parcel Map in a manner in accord with the City of Temecula General Plan and
Development Code.
B. The Application 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 meeting, considered the Application and
environmental review on January 5, 2022, 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. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission approved Planning Application No. PA21-0780,
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the Application
hereby finds, determines and declares that in accordance with Temecula Municipal Code Section
16.03.140 (Tentative Maps):
A. The proposed subdivision and the design and improvements of the subdivision are
consistent with the Development Code, General Plan and City of Temecula Municipal Code.
Tentative Parcel Map No. 38189 has been designed in a manner that is consistent with and
meets all development and design standards of the General Plan, the Subdivision
Ordinance, the Development Code, the Municipal Code, and the Vail Ranch Specific Plan.
B. The Tentative Map does not propose to divide land which is subject to a contract
entered into pursuant to the California Land Conservation Act of 1965.
The subject parcel does not propose to divide land which is subject to a contract entered
into pursuant to the California Land Conservation Act of 1965. The subject property has
not been designated for conservation or agricultural land, and is not subject to the
California Land Conservation Act of 1965.
C. The site is physically suitable for the type and proposed density of development
proposed by the Tentative Map.
The project consists of a Tentative Parcel Map on vacant property that is suitable and
designated for commercial development, which is consistent with the Vail Ranch Specific
Plan, General Plan, and Development Code. The proposed Tentative Parcel Map would
subdivide a single parcel into two individual parcels.
D. The design of the subdivision and the proposed improvements, with Conditions of
Approval are not likely to cause significant environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
The proposed Tentative Parcel Map is eligible for a categorical exemption pursuant to
section 15332 (In-Fill Development Projects) of the California Environmental Quality Act.
The project consists of a Tentative Parcel Map on vacant property and does not propose
any grading, construction or development. As conditioned, the project is not likely to cause
significant environmental damage or substantially and avoidably injure fish or wildlife or
their habitat as no development is proposed as part of the Tentative Parcel Map.
E. The design of the subdivision and the type of improvements are not likely to cause
serious public health problems.
The project consists of a Tentative Parcel Map on vacant property and does not propose
any grading or construction. As such, the project is not likely to cause public health
problems.
F. The design of the subdivision provides for future passive or natural heating or
cooling opportunities in the subdivision to the extent feasible.
The project consists of a Tentative Parcel Map on vacant property and does not propose
any grading or construction. Any future development on the project site will be in
accordance with the requirements of the California Building Code in effect at that time as
it relates to heating and cooling.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Tentative Parcel Map:
A. In accordance with the California Environmental Quality Act, the proposed project
has been deemed to be categorically exempt from further environmental review (Section 15332,
In-Fill Development Projects);
(a) The project is consistent with the applicable general plan designation and all applicable general
plan policies as well as with applicable zoning designation and regulations.
The project is consistent with the applicable General Plan designation because service station and
retail building uses are allowable uses within Planning Area 20 of the Vail Ranch Specific Plan.
The project also meets all applicable General Plan and Zoning policies and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres
substantially surrounded by urban uses.
The project is located within City limits and is located on a site that is 2.15 acres in size. The
proposed project is substantially surrounded by commercial buildings, residential development,
and major roadways.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The proposed Development Plan and Tentative Parcel Map are located on a project site that is
located within an MSHCP criteria cell. As part of the entitlement on this site the project went
through the HANS/JPR process with the Regional Conservation Authority in which JPR 21-05-
13-01 determined that the project is consistent with both the criteria and other plan requirements,
no conservation of land was required, and that the project site does not contain any suitable habitat
for endangered, rare or threatened species.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
The proposed project was required to prepare a Project-Specific Water Quality Management Plan
(WQMP) that was reviewed and conceptually accepted for entitlement by City Staff as the WQMP
meets the requirements of the City of Temecula. A traffic analysis was not required as part of this
project as the proposed uses are allowed within the zoning district, and there is nothing unique
about this project that would trigger the need for a traffic analysis. Therefore, the project is not
anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality
as the project are allowed uses per the City of Temecula General Plan, and the zoning district.
(e) The site can be adequately served by all required utilities and public services.
The project site is surrounded by development and is able to be serviced by all required utilities
and public services.
Section 4. Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA21-0780, a Tentative Parcel Map (TPM 38189) to subdivide an
existing lot into two separate lots located on the southwest corner of Wolf Store Rd. and Butterfield
Stage Rd., and makes a finding of exemption under Section 15332 of the California Environmental
Quality Act (CEQA), subject to the Conditions of Approval 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 January, 2022.
XX, 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. 2022- 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 Janauary, 2022, by the following
vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.:
Project Description:
PA21 -0780
Tentative Parcel Map to subdivide an existing lot into two separate lots located on the southwest corner of Wolf Store Road and Butterfield Stage Road.
Assessor's Parcel No.: 960-030-013
Commercial MSHCP Category:
Retail Commercial DIF Category:
TUMF Category:
Quimby Category:
Approval Date:
Expiration Date:
Retail Commercial N/A (non-residential)
January 5, 2022 January 5, 2025
New Street In-lieu of Fee: N/A (not within the Uptown Temecula Specific Plan area)
PLANNING DIVISION
General Requirements
Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense.
1.
Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. A modification made to an approved development plan does not affect the original approval date of a development plan.
2.
Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) extensions of time, one year at a time. A modification made to an approved development plan does not affect the original approval date of a development plan. .
3.
Consistency with Specific Plans. This project and all subsequent projects within this site shall be consistent with Vail Ranch Specific Plan. 4.
Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 5.
Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the Subdivision Map Act and Temecula Municipal Code, upon written request, if made 60 days prior to the expiration date.
6.
Prior to Recordation of the Final Map
Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 7.
Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655.
8.
Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review.
9.
Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents.
10.
Preparation of CC&Rs. The CC&Rs shall be prepared at the developer’s sole cost and expense. 11.
Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney.
12.
CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project’s Water Quality Management Plan.
13.
CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 14.
Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 15.
CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner’s sole expense, any maintenance required thereon by the CC&Rs or the Temecula Municipal Code. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed.
16.
Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities.
17.
Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits.
18.
Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved.
19.
Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant’s signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Parcel Map No. 38189 require the City of Temecula to review and approve the CC&Rs for the Parcel. The City’s review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City’s consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. _____________________ Luke Watson Deputy City Manager Approved as to Form: _____________________ Peter M. Thorson City Attorney
20.
Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article ___ CONSENT OF CITY OF TEMECULA ____1. The Conditions of Approval of Tentative Tract Map Number 38189 requires the City to review and approve the CC&Rs for the Parcel. ____2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City’s consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. ____3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. ____4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula.
21.
Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes.
22.
Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 23.
Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 24.
PUBLIC WORKS DEPARTMENT
General Requirements
Subdivision Map. The developer shall submit a complete Final Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision.
25.
Permit restriction. No permits shall be issued unless future Development Plan applications are submitted for approval. 26.
Grading Permit. A grading permit for precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards.
27.
Encroachment Permits. Prior to commencement of any applicable construction, an encroachment permit is required and shall be obtained from Riverside County Flood Control & Water Conservation District (RCFC&WCD) if encroaching within their right-of-way.
28.
Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 29.
Prior to Recordation of the Final Map
Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency.
30.
Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision monumentation agreements and posted securities. 31.
Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property.
32.
Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Rancho California Water District; b. Eastern Municipal Water District
33.
Easements. Note the following: a. Private easements for cross-lot drainage shall be delineated and noted on the Parcel Map. b. An easement for a joint use driveway shall be provided prior to approval of the Parcel Map or issuance of building permits, whichever occurs first. c. Easements (when required for reciprocal ingress/egress, parking, roadway slopes, landscape, drainage facilities, utilities, etc.) shall be shown on the Parcel Map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded, as directed by Public Works. Onsite drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the Parcel Map. A note shall be added to the Parcel Map stating: “Drainage easements shall be kept free of buildings and obstructions.”
34.
Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 35.
Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider’s standards. Telephone, cable TV and/or security systems shall be pre-wired in the residence. The developer shall notify the City’s cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements.
36.
Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency.
37.
Property Taxes. Any delinquent property taxes shall be paid. 38.
Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City’s GIS Division shall conduct quality control on the data to verify accuracy and compatibility.
39.
Drainage Easement. A dedication for a drainage easement and a temporary construction easement along the easterly property line for the Riverside County Flood Control and Water Conservation District Butterfield Stage Road Drain Interceptor outlet shall be recorded.
40.
Prior to Issuance of a Grading Permit
Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. Riverside County Flood Control and Water Conservation District; or other affected agencies.
41.
Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction-phase pollution-prevention controls to adequately address non-permitted runoff. Refer to the City’s Engineering & Construction Manual at: www.TemeculaCA.gov/ECM
42.
Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 18, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements.
43.
NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project’s Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City’s storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml
44.
Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link: www.TemeculaCA.gov/WQMP. As part of the WQMP approval, the Engineer of Record shall report and certify BMP construction per City of Temecula NPDES requirements. Should the project require Alternative Compliance, the developer is responsible for execution of an approved Alternative Compliance Agreement.
45.
Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project.
46.
Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site’s soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections.
47.
Geological Report. The developer shall complete any outstanding County geologist’s requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement.
48.
Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid.
49.
American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA compliant. Any sidewalk within the public right of way found to be non-compliant shall be the responsibility of the property owner to be removed and replaced with ADA compliant sidewalk per the Streets and Highway Code Section 5610.
50.
Prior to Issuance of Building Permit(s)
Final Map. Parcel Map Number 38189 shall be approved and recorded. 51.
Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions.
52.
Prior to Issuance of a Certificate of Occupancy
Traffic. Prior to issuance of the first Certificate of Occupancy, the Developer shall post a $20,000 cash deposit to the City to monitor the traffic signal at the intersection of Butterfield Stage Road and Wolf Store Road. This cash bond will be held for one year and any unused amount will be returned to the Developer. The cash deposit can be used for: a. monitoring and evaluating traffic signal operations to determine potential traffic signal improvements, b. traffic counts, signal timing changes, traffic studies, traffic signal equipment, traffic signal improvements, and/or striping changes.
53.
Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement.
54.
Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771.
55.
Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 56.
Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works.
57.
January 6, 2022
Ms. Rosemarie M. Anderson
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Planning Application No. PA21-0449, a
Development Plan for a fuel station consisting of seven fueling pumps, a 245
square foot kiosk, an approximately 3,337 square foot retail building, and an
approximately 940 square foot garage and storage space; and PA21-0780, a
Tentative Parcel Map (TPM 38189) to subdivide an existing lot into two
separate lots located on the southwest corner of Wolf Store Road and
Butterfield Stage Road.
Dear Ms. Anderson:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to
Assembly Bill 3158 (Chapter 1706) please find a check in the amount of $50.00, for the County
Administrative fee to enable the City to file the Notice of Exemption required under Public
Resources Code Section 21152 and 14 California Code Regulations 1507. The City of Temecula
is paying the $50.00 filing fee under protest. It is the opinion of the City that the administrative
fee has been increased in a manner inconsistent with the provisions of State Law. Under Public
Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled
to receive a $25.00 filing fee.
Also, please return a stamped copy of the Notice of Exemption within five working days after
the 35-day posting in the enclosed self-addressed stamped envelope.
If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137.
Sincerely,
Luke Watson
Deputy City Manager
Enclosures: Check
Copies of this letter (3)
Self-addressed stamped envelope (2)
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov
[
City of Temecula
City of Temecula
Community Development
Planning Division Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division
County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Ralph’s Fuel Station (PA21-0449, 0780)
Description of Project: A Development Plan for a fuel station consisting of seven fueling pumps, a 245
square foot kiosk, an approximately 3,337 square foot retail building, and an
approximately 940 square foot garage and storage space and a Tentative Parcel
Map (TPM 38189) to subdivide an existing lot into two separate lots
Project Location: APN: 960-030-013
Applicant/Proponent: City of Temecula, County of Riverside
The Planning Commission approved the above described project on January 5, 2022, and found that the project
is exempt from the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
Ministerial (Section 21080(b)(1); Section 15268);
Declared Emergency (Section 21080(b)(3); Section 15269(a));
Emergency Project (Section 21080(b)(4); Section 15269(b)(c));
Statutory Exemptions (Section Number: )
Categorical Exemption: (Section Number 15332, Class 32, In-Fill Development Projects)
Other:
Statement of Reasons Supporting the Finding that the Project is Exempt:
(a) The project is consistent with the applicable general plan designation and all applicable general plan policies
as well as with applicable zoning designation and regulations.
The project is consistent with the applicable General Plan designation because service station and retail
building uses are allowable uses within Planning Area 20 of the Vail Ranch Specific Plan. The project also
meets all applicable General Plan and Zoning policies and regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially
surrounded by urban uses.
The project is located within City limits and is located on a site that is 2.15 acres in size. The proposed project
is substantially surrounded by commercial buildings, residential development, Temecula Creek, and major
roadways.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The proposed Development Plan and Tentative Parcel Map are located on a project site that is located within an
MSHCP criteria cell. As part of the entitlement on this site the project went through the HANS/JPR process with
the Regional Conservation Authority in which JPR 21-05-13-01 determined that the project is consistent with
both the criteria and other plan requirements and no conservation of land was required.
(d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or
water quality.
The proposed project was required to prepare a Project-Specific Water Quality Management Plan (WQMP) that
was reviewed and conceptually accepted for entitlement by City Staff as the WQMP meets the requirements of
the City of Temecula. A traffic analysis was not required as part of this project as the proposed uses are allowed
within the zoning district, and there is nothing unique about this project that would trigger the need for a traffic
analysis. Therefore, the project is not anticipated to result in any significant effects relating to traffic, noise, air
quality, or water quality as the project are allowed uses per the City of Temecula General Plan, and the zoning
district.
(e) The site can be adequately served by all required utilities and public services.
The project site is surrounded by development and is able to be serviced by all required utilities and public
services.
Contact Person/Title: Scott Cooper, Associate Planner Phone Number: (951) 506-5137
Signature: Date:
Luke Watson
Deputy City Manager
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: PA21-0449, PA21-0780 APPLICANT: Kevin Zenk
PROPOSAL: A Development Plan for a fuel station consisting of seven fueling pumps, a 245
square foot kiosk, an approximately 3,337 square foot retail building, and an
approximately 940 square foot garage and storage space and a Tentative Parcel Map
(TPM 38189) to subdivide an existing lot into two separate lots located on the
southwest corner of Wolf Store Road and Butterfield Stage Road.
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 15332, Class 32, In-Fill Development
Projects)
CASE PLANNER: Scott Cooper, (951) 506-5137
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: January 5, 2022 TIME OF HEARING: 6:00 PM
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 controlled 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.