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HomeMy WebLinkAbout05042022 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 4, 2022 - 6:00 PM CALL TO ORDER: Chairman Gary Watts FLAG SALUTE: Commissioner Bob Hagel 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 Commission on matters not listed on the agenda. Each speaker is limited to 3 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. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 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 Commission request specific items be removed from the Consent Calendar for separate action. A total of 30 minutes is provided for members of the public to address the Commission on items that appear on the Consent Calendar. Each speaker is limited to 3 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. Email comments must be submitted to PlanningCommission@temeculaca.gov. Speaker cards for in-person comments will be called in the order received by the Commission Secretary and then, if time remains, email comments will be read . Email comments on all matters must be received prior to the time the item is called for public comments. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No. 2021-54. 1.Minutes Approve the Action Minutes of April 20, 2022Recommendation: Page 1 Planning Commission Agenda May 4, 2022 Action MinutesAttachments: PUBLIC HEARING Any person may submit written comments to the 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. For public hearings each speaker is limited to 5 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. Email comments must be submitted to PlanningCommission@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. Any person dissatisfied with a decision of the Commission may file an appeal of the Commission's decision . Said appeal must be filed within 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. All public participation is governed by the Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 2.Planning Application No. PA21-1470, a Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria (APNs: 909-290-051, 909-290-052) (Continued from Planning Commission meeting on March 16, 2022) Adopt a resolution entitled: PC RESOLUTION NO. 2022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1470, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 38,714 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE NORTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 525 FEET EAST OF VIA INDUSTRIA (APN: 909-290-051, 909-250-052), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Recommendation: Agenda Report Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Notice of Exemption Notice of Public Hearing Attachments: Page 2 Planning Commission Agenda May 4, 2022 3.Planning Application No. PA21-1471, a Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria (APN: 909-290-050) (Continued from Planning Commission meeting on March 16, 2022) Adopt a resolution entitled: PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1471, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 19,727 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE NORTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 275 FEET EAST OF VIA INDUSTRIA (APN: 909-290-050), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Recommendation: Agenda Report Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Notice of Exemption Notice of Public Hearing Attachments: 4.Planning Application No. PA21-1472, a Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria (APN: 909-290-011) (Continued from Planning Commission meeting on March 16, 2022) Adopt a resolution entitled: PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1472, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 9,867 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE SOUTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 600 FEET EAST OF VIA INDUSTRIA (APN: 909-290-011), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Recommendation: Page 3 Planning Commission Agenda May 4, 2022 Agenda Report Aerial Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Notice of Exemption Notice of Public Hearing Attachments: 5.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 repealing and replacing Title 6 of the Temecula Municipal Code regarding the keeping, maintenance, and possession of dogs, cats, fowl, and other animals and providing for the control, licensing, and welfare thereof, modifying Title 17 of the Temecula Municipal Code regarding animal keeping and making a finding that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) (Long Range Project No. LR21-0130)" Adopt a resolution entitled: PC RESOLUTION NO. 2022- 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 REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21-0130)” Recommendation: Agenda Report Planning Commission Resolution Exhibit A - Draft City Council Ordinance Notice of Public Hearing Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT Page 4 Planning Commission Agenda May 4, 2022 PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, May 18, 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 5 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 20, 2022 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Gary Watts FLAG SALUTE: Commissioner Adam Ruiz ROLL CALL: Hagel, Ruiz, Telesio (absent), Turley-Trejo (absent), 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, Telesio and Turley-Trejo absent): Motion by Hagel, Second by Ruiz. The vote reflected unanimous approval with Telesio and Turley-Trejo absent. 1. Minutes Recommendation: Approve the Action Minutes of March 16, 2022 PUBLIC HEARING 2. Planning Application No. PA21-0838, a Development Plan for a 237-unit single family residential community built on 27.5 acres; and PA21-0839, a Tentative Tract Map (TTM 38121) for Condominium Purposes for the creation of one (1) residential lot, two (2) open space lots, and one (1) 2.95 acre lot for street and highway dedication. The project is located at the terminus of Equity Drive on the west side of Ynez Road, Scott Cooper Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2022-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0838, A DEVELOPMENT PLAN FOR A 237-UNIT SINGLE FAMILY RESIDENTIAL COMMUNITY BUILT ON 27.5 ACRES LOCATED AT THE TERMINUS OF EQUITY DRIVE ON THE WEST SIDE OF YNEZ ROAD (APNS: 916-400-051, 916-400-052, 916-400-053, 916-400-063, 916-400-066, 916-400-067), AND MAKING A FINDING THAT THE PROJECT IS NOT SUBJECT TO FURTHER 2 ENVIRONMENTAL REVIEW UNDER SECTIONS 15182 AND 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PC RESOLUTION NO. 2022-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-0839, A TENTATIVE TRACT MAP (TTM 38121) FOR CONDOMINIUM PURPOSES FOR THE CREATION OF ONE (1) RESIDENTIAL LOT, TWO (2) OPEN SPACE LOTS, AND ONE (1) 2.95 ACRE LOT FOR STREET AND HIGHWAY DEDICATION LOCATED AT THE TERMINUS OF EQUITY DRIVE ON THE WEST SIDE OF YNEZ ROAD (APNS: 916-400-051, 916-400-052, 916-400-053, 916-400-063, 916-400-066, 916-400-067), AND MAKING A FINDING THAT THE PROJECT IS NOT SUBJECT TO FURTHER ENVIRONMENTAL REVIEW UNDER SECTIONS 15182 AND 15162 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Approved the Staff Recommendation with revisions (3-0, Telesio and Turley-Trejo absent): Motion by Hagel, Second by Ruiz. The vote reflected unanimous approval with Telesio and Turley-Trejo absent. COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 6:37 PM, the Planning Commission meeting was formally adjourned to Wednesday, May 4, 2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Gary Watts, Chairperson Luke Watson, Deputy City Manager 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: May 4, 2022 PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application No. PA21-1470, a Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria (APNs: 909-290-051, 909-290-052) (Continued from Planning Commission meeting on March 16, 2022) 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: MS-Mountain View, LLC General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Vacant / Industrial Park (IP) North: Existing Industrial Buildings / Industrial Park (IP) South: Avenida Alvarado, Vacant Land / Industrial Park (IP) East: Vacant Land / Industrial Park (IP) West: Vacant Land / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required 2 Lot Area: 2.4 Acres 0.92 Acres Minimum Total Floor Area/Ratio: 0.38 0.40 Maximum Landscape Area/Coverage: 36% 20.0% Minimum Parking Provided/Required: 44 Parking Spaces 44 Parking Spaces (required) BACKGROUND SUMMARY On November 10, 2021, MS-Mountain View, LLC submitted Planning Application PA21-1470, a Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria. The project was initially scheduled for hearing on March 16, 2022 but was continued off- calendar to allow the applicant to consider some comments that were received from the public. 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 in the Light Industrial (LI) zoning district. The applicant seeks to construct a new approximately 38,714 square foot industrial building. The project is consistent with the City of Temecula Design Guidelines for industrial development in that the loading areas are screened from public view by an 8’-0” fence and a sliding access gate and an employee break area is being provided. The vehicular access to the project is from a single driveway on Avenida Alvarado that utilizes enhanced paving with score lines. The project is required to provide 44 parking spaces for an office/warehouse use per Table 17.24.040 of the City of Temecula Development Code. The project proposes 44 parking spaces. The project provides an outdoor employee break area that includes tables with seats, umbrellas, a trash receptacle, and enhanced paving. Architecture The architectural design of the project features four-sided architecture that incorporates painted concrete, anodized aluminum, metal canopies, and a prominent entrance to the building using an eye-catching color and window glazing. The building is architecturally designed to match other buildings proposed along Avenida Alvarado and complementary to other recently approved industrial buildings within the City of Temecula. Landscaping 3 The project, when completed, would provide 36% landscaping which exceeds the minimum 20% landscape requirement of the development code. Plant types include African sumac, holy oak, mountain marigold, deer grass, and autumn sage. LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the Press Enterprise on April 22, 2022, 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 industrial buildings are an allowable use within the Industrial Park designation. 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 2.4 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial z oning 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 is an allowed use per the City of Temecula General Plan, and the zoning district. 4 (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 industrial buildings are an allowable use within the Industrial Park designation. Therefore, the proposed project is in conformance with the General Plan. The project is also co nsistent 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. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Exemption 6. Notice of Public Hearing VIA IN D U ST RIA RIO NEDOAVENIDA ALVARADOProject Site CITY O F TEMEC ULA PA21-1470 0 200100 Feet\Date Created: 11/17/2021 1:2,4001 inch = 200 feet 909-290-051/52 The map PA21-1470.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. 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PERSPECTI'A' '-'EW lifNji !ll9.m os, lif/ljl !(J9.m OSl PAll-1110 12-A6-1P P LAN T IN G L E G E N D J IMITOF WO RK NOTE 5-0"MIN PLANTER AREA\\1TH 18 {6"CUR8PLUS 1TSTEP-0UT)ATFIIIGER® ISLAUOSAOJACE/ITTOPARKltlGSTAI.LS, " ~ TYP. ;f ~ TYP. LIGHT STANDARD I BUILDING #12) PATIO AREA. REFER TO ~~~~EMENT 'A', THIS ~---- 1" ENLARGEMENT 'A' - EMPLOYEE BREAK AREA /\LV/\R/\00 /\VE. ~FFFQTn.c;FP•IUTF ~ DRAWINGS FOR STREET FRONTAGEAAEA.. ENLARGEMENT 'A' KEY NOTES: (D (1) TRASH RECEPTACLE BY 'QUICK CRETE PRODUCTS' MODEL •OS-S02~l'N/ (20" SQUARE). UGHT SANO BLAS TEO FINISH. (NATURAL COLOR) (!} SAW-CUT SCORE LINE~:,• ANO LE J')(J' GRID PA HERN. COLOR TO BE INTEGRAL COLOR COCOA #6130 BY DAVIS COLORS, TOPCAST 05 FINISH INFIELD. NOTE CONTRACTOR SHA.LL PROVIDE A J'XJ' SAMPLE FOR REVIEW & APPROVAL BY LANO SCAPE ARCHIHCCT & OWNER PRIOR TO FINAL POUR @ ti) TABLESBY'OVICK CRETE PROOIJCTS CORP', MODEL #OROFC, LIGHT SANO BLIISTED FINISH. (NATURAL COLOR) © 12"MAX. NATURAL CONCRETE PERIMETER SANO @ CONC. WALIW/AY PER ARCH. PLANS. DESIGN KEY NOTES: (9 !~~~~CULAR ENTRY PAVING. COL OREO GRID (D ~~:~~~~~~i~~~~\~1~~T~~~"i:~~~~R PANELS. la"MIN. DEPTH K IIJYADE.PANEL (!) VERTICAL TREE AGAINST BULDING PER LE GENO. ([) SCREEN SHRUBS SURROUNOING ELECTRIC TRANSFORMER. @) TREE ALONG PROPERTY LINE PER LEGEND 0 FLOWERING ACCENT TREE PER LEGEND. © PARl<INO LOT SHADE TREE PER LEGEND €) TYP. VINES AT TRASH ENCLOSURE REFERENCE KEY NOTES: ~ PUBLIC SIDEWALi( PER CIVIL Pi.ANS ~ ~~~~~~t'.;~~!~~G AT BULllNG ENTRY PER @J TRASH ENCLOSURE PER ARo-llTECTl.AE PLANS ~ ElECTRICAL TRANSFORMER PER CML Pl.ANS. [] FIFODC UNIT PER OVIL PLANS. [I BIKE RACK PER ARD-i. Pl.ANS PARKING LOT TREE REQUIREMENTS 0PARklffGLOTTR£ESREQUIJl.fOAT !TREEPU'ISPACES ·W • [J[J - [ill GENERAL NOTES· SLOPES GREATER THAN 3 I SHALL BE STABILIZED WITH EROSION CONTROL GROUND COVER PER LEGEND. ANO MULCH MATERIAL WITH "BINDER' MATERIAL SHALL BE APPLIED FOR EROSION CONTROL. ROCI( RIP-RAP MATERIAL SHALL BE INSTALlEO WERE DRAIN LINES CONNECT TO INFILTRATION AREAS All UTILITY EOUPMENT SUCH AS BACKFLOW UNITS, FIRE DETECTOR CHECKS. FIRE CHECI< VALVE. AND AIR CONDITIONING U,.,.TS WILL BE SCREENED WITH EVERGREEN Pi.ANT MATERIAL ONCE ANAL LOCATIONS HA VE BEEN DETERMINED. TREES AND SHRUBS SHAl.l BE PLACED A MINl'-'UM Of S' AWAY FRON WATER METER, GIIS t.lETER, 00 SEWER LATERAlS. A MINIMUM OF 10' AWAY FROt.l UTILITY POLES. ANDA M.INl'-'Ut.l OF 8' AWAY FROt.l FIRE HYDRANTS AND FIRE DEPARTMENT SPRINKLERS AND STANDPIPE CONNECTIONS. CONCEPTUAL Pl.AN NOTE: THIS IS A CONCEPTUAL LANDSCAPE PLAN. ITtS SASEOON PREW.IINARY INFORMATION WHICH IS NOT FULLY VERIFIED ANO MAY BE INCOMPLETE. IT 16 MEANT AS ACOMPAAATIVE AIOINEKA.',UNING ALTERNATE DEVELOPMENT STRATEGIES ANO ANY QUANTITIES INOICATEDARE SUBJECT TO REVISION AS MORE RELIABLE INFORMATION BECOMES AVAILABLE IRRIGATION NOTE THE PROJECT 'MLl BE EOUIPPED 1/,HH A LOW FLOW IRRlOATION SYSTEM CONSISTING OF ET WEATHER BASED SMART CONTROLLER, LOW FLOW ROTORS, BUBBLER AN DI OR ORIP SYSTEMS USED THROUGHOUT. THE IRRIGAllON WATER EFFICIENCY WILL MEET OR SURPASS TM E CURRENT Sf ATE MANOATEOAB-1881 WATER ORDlNANCE. WJCOLS PlANT FACTOR THIS PROJECT IS LOCATED IN '\-'ol.JCOLS' REGION ·,.souTH INtANO'. H• HIGHWATER NEEDS M • MODERATE WATERNEEOS L • lCIWWATERNEEOS VI.• VERY LOW WATER NEEDS CONCEPTUAL LANDSCAPE PLAN MS MOUNTAIN VIEW PARK BUILDING 12 TREES SYMBOL QTY. WUCOLS PODOCARPUS GRAClLIOR FERN PINE 2•• BOX SIZE. STANDARD lRUNi<. DOUBLE STAKE. EVERGREEN SCREEN TREE PINUSELOARICA,t.lONOElLPINE H" EIO)( SIZE. STANOAROTRUNK. DOUBLE STAKE 0 VERTICAL TREEALONOBUILOING CUPRESSUS SEMPERVIRENS, MEDITERRANEAN CYPRESS 15UAI...SIZE.DOUBLESTAKE O·~ J PARl(JNG LOT SHADE TREE ~~~~:1i~::~06ruR:~~ DOUBLE STAKE PL.MIT VATH DEEP ROOT BARRIER PANELS AS REQUIRED. TYP.PROPERTYLINETREE OUERCUS ILEX. HOl Y DAI< 2'"80K SIZE. STANOAAOTRUNX. DOUBLE STAKE PLANT 'MTH DEEP ROOT BARRIER PANELS AS REQUIRED. FLOWERING ACCENT TREE AT ENTRY ORIVE CERODIUM 'DESERT MUSEUM". PALO VERDE 35" 80)( SIZE. MUL Tl-TRUNK. DOUBLE STAKE ~ PlATANUS X. ACERIFOLIA 'COLUMlll.lt,'. LONDON Pl.ANE TREE ~15GAL.SIZE SHRUBS • PROPOSED SHRUBS 'MLL BE SELECTED FROM THE FOLLO'MNG SYMBOL WUCOLS ® LEUCOPHYLLUM FRUTESCENS. TEKAS RANGER 5GAL.SIZE 0 0 JUSTIOA SPlc:tGERA, MEXICAN HONEYSUCKLE SGAL.SIZE 0 TAGETES LEMMONII, MOUNTAIN MARIGOl.0 0 OOOONAEA VISCOSA, HOP SEED BUSH 5GAL.SIZE • ~.!i'.~!~z~ON 'LITTLE JOH N". O'WAAF BOTTLE BRUSH nRnllNO (:OVER AND SHRUB MASSES -OROUNDCOVER .lNOSHRU8MA'iSES SHALL IIE CHO~EN SYMBOL GROUND COVER/SHRUB MASS NAME WUCOLS LANTANA 'GOLD RUSH'. LANT AN 00!.0 RUS►l 1 GAL.S\ZEQ2,·o.c. SALVIA GREGG II, AUTUMN SAGE I GAL.61ZE@J5"0.C, MUHLENBERGIARIGENS,OEERGRASS 5 GAL. SIZE@ o• 0.C LONI CERA J. "HALLI ANA', HALL'S HONEYSUCKLE IGAL.SIZE@2'"0.C. SALVIA LEUCANTHA. MEXICAN BUSH SAGE 5 GAL. SIZE (t o· o.c. EROSION CONTROL GROUND COVER AT SLOPES ROS'-'ARINUS OFFIONALIS 'PROSTRATUS', PROSTRATE ROSEMARY IGAL.S12Ect31TO.C 'APPLY A 3" LAYER OF SHREDOEOWOOO MULCH THROUGHOUT Alt PLANTING AREAS EKCEPT ROCK MUlCH AAEAS. MULCH SHALL BE FOREST ANES MULCH BY AORISERVICE OR APPROVED EQUAL. VINE SYMBOL QTY, WUCOLS FICUS REPENS, CREEPING FIG 5 GAL. SIZE. TRAIN ON WALL OF TRASH ENCLOSURE APPLY A 3" LAYER OF CRUSHED GRAVEL IN FRONT OF ELECTRICAL BOX ACCESS DOORS. INSTALL WEED FILTER FABRIC 'MOJAVE GOLD' AVAILABLE THROUGH KRC ROCI< OR APPROVED EQUAL. PROVIDE SAMPLES FOR REVIEW D REFER TO SEPARATE PLANTING PLANS FOR STREET FRONTAGE (MASTER ASSOCIATION) SCOTT PET2E:;~NA ~~~~~;:;ITECT. INC FAttBROOK. CA 92028 20' 40' SCALE: 1" = 20'-0M ~ ...J ~ ~ rn =, en z ::5 a. 1- z UJ :a: a. 0 ...J UJ ~ Cl 60' L-1 UJ ~ 1- z ~ a. TEMECULA, CA BLDG. 12: APN# 909-290-051/052, PA21-1470 ~ I CONCEPTUAL GRADING PLAN PARCEL MAP N0.21382 PARCEL 52 MS MOUNTAIN VIEW- BUILDING 12 : fE(1'1iEGf't,A CA! . -- i VICINITY MAP ~ ENGINEER ~T[S.#IC. 27.16.J \.14 INOUSTRJ4 TD/tCUA. CA 92590 Tn: {!JSI) 64.J-.1611 APPLICANT ~VJ£W U C 161.JO 1£l'llt/R.4 sun SVITC 510 ~'1805o/ /g~':#704 ARCHITECT ""' ISZ.JI AJ.roN PA/i'KJll:41' SUM 100 ~~~1~no ASSESSORS PARCEL NO. 909-290-051. 909-290-052 EARTHWORK CIR.· 709 CUJ/C YARDS fU: 2786 CI.IBIC YARDS IIPOR T.· 20 77 CVBIC YAROS LEGAL DESCRIPTION PARC flS SI .t 52 AS SHOWN DY PARCCl MAP 21J82 IN PARC a MAP lJOOI< 161, PACE <17-SO. RCCOROS OF RMRS/0£ COUNTY. STA TC OF CAl/FQRM4. UTILITIES G4S : SOUT1ERN CAllroRN J4 ~ COJ,IPAm ...... 800 422 4/JJ PHON£: IIERIZON ..............................................•.. 800 422 41.J.J a,:r:TR,IC; SOUTHERN CALl'twNM £DISON .....•..... 800 422 4/JJ Slltf1i': £ASTCRN IIINICPAL WATCR DISINICT. 714 925 7676 WAlfR: RANCHO CAUFORN/,4 ~1V7 DISTRICT 800 422 -, 1.J.J UJSTNi ZONNC: (U} UCHT liOVSTRW.. T.R.W. - TOP Of" RaANt«J WAU PROPOS £D ZON ING.· {ll) UC HT JNOUS TRW.. F.S. FWJSHCO SURFACE GJSTWC CENOW. PLAN DCSICNWON; (IP) "'°'1STRW.. PARK F:C. - 11'1/SHCO CRAD£ PROPOS£O CEHCRAJ. PlAN IJCSX;NATIOM: {IP) WOUSTRW.. PARK :~ = = ::;, £XISTWC LANO USE: VACANT CONSTRUCTION NO TES DftST.- CXJSTINC ZONING AND GENERAL PLAN P.£. - PA/J Clllft110N (;.ti. - (;RAO£ 1/fiCAK ,_,,,.,.,,,, COITCRtM CVRfJ ANO CtnlUl Ul)/M,. UJNIUUI( UNt LOTU€ 1·- 1'"' L I WATER QUALITY & HYDROMODIFICATION MANAGMENT PLAN NOTES f) THC w.4TCR QUAJ.JTY ANO HYDROIJOOFICATION BASINS JS CONSTRUCTFO ro TH£ l.ATCST IICQUIR£JIOffS or TH£ SAN OICCO HC'CIONIJ. W,,41l"R OUflRY CQNT1iOl B(W1(), .!Wt'i4 ~ITA WA1l"RSHCO. AS ADIIINISlCRW BY TH£ CITYOF Ta/£Cl/l.A. 2) W,,4TCR otMLRY ANO IMJR'Ol,l(J{JIF110N J.Wwt.COICNT OASN LOTS S""-l BC RITAMO BY THC Hat. J) w.4TCR OUAIJTY ANO lfYOROIK)f)£JCATION BAS.W IS AS rot.Lott G) CONS/Rf/CT J" AC. ~ 6" AB. PAW,,C (y CONSTRIJCT 7" rHICK ~ 0~ NATM @ CONSTRUCT 4• PCC CONC. PCR ARCH. Pt.NIS G) CONSTRUCT COIJ IJCRC W. OWi"' N'f'ROACH PO? CITY sro. 207A ~· @ CONSrRUCT 6" etm9 ONI..Y P£R CITY sro. 2fHA ' @ CONSTRUCT 6° Cllll6 ..WO CVTTrn rm CllY sro. NJO (i) CONSTRUCT HWOICAP ACCCSS RAMP PCR ARCH PUNS @ CONSTRUCT HOP£ STORM DRAW @ CONSrRUCT 2f"Xlf" CATCH 84SI,/ W/ TRAFFIC CRATC (MET TO INC ll/0£ STCNC !lliG "m.(.y RA#/ OO WH THC STORM DRAIN? @I CONSTT?UCT I.ANDSCAPC DRAIN W'/ AT1WM CRAil" {[i) CONSTT?UCT OCCORATM PAWt'C P(R ARCH PtANS @ CONSTRUCT STORM DfW.I CL£NfOUT @ CONSTRUCT me llil41D'i' P(R S£PARATC 1'£RU/T e CONSTNUC T B4 CKnOW,troc PER S£PARATC P£RMfT @ CONSTRUCT RU/4/NINC !Mll PCR so>AR.4 7£ PCRMIT Ji.ix" @ ==~~S/OCW)J_J(PCRSTRCITJUP. pt,WS ~ _~ii l''' I @ CONSTRUCT PUtJt.JC ct.RB• CUTTCR PCR STRCIT 111P. PU.NS --------1 · / I; @ :f:l/Zcfr;r#s' P(R ARCHITE'CTIJRAJ.. PtAN ______..., , ,/ @ CONSTRUCT fRCNCH 0RAJN WITH 1RAFF1C RATED CRA1l" ==---.._~.,,...., , , ~_..,, -~o~"°~'-- :.a ~j1~ i:fi.!t·~ ; ~ -£-~--. · ~<."-,: ~~~~' : ci AiJ ~T ;,t,t;.~iN/O;;ft~~ADQ 1, ~ •. , ·~ - ~~. . ,,~ ~, r ~ ,---1 -,-----, " ·"--,,.-1--+-----j - --:-----1 ,~- ---,.----~-+n~-:_,_ \ -~---t-.+--1-;- -~ ----~- BLDG 12 45,250 s.r. ,Ill nl • rf<t1070.9 APN 909-290-053 PARCEL53 ., , LD21-4987 ''(1:,) ,,·. +w101 - 2 LOT 10 Pt4RCflS 11-14. 49-52 orPARCa~21J62 .JOSHUA BARRETT i---===-=-----+-="c=~~-~----1 R.C.E.NO.: 85665 DATE: _ .,. ALIMIHM DISK IN CONC. cn.ND£R '-"'"'-----'---"'"----'= '/fONHTilJ:~Ti,o.~.1~':ta.lfl}. 1.2 CAI.T. Jin, IN fHC ll£'CN,IM;DrCVT roR RIWCHO CM.F RO;SCT l1IJ£RCIASS POS 1 l'NOFIIOM.IIENT CITY OF TEMECULA BUILDING 12 PARCEL MAP N0.21382 PARCEL 52 MS MOUNTAIN VIEW PRELIMINARY GRADING 2 SIED> ,,. 66' SECT/ONA-A SECTIONB-B CONSTRUCTION NOTES G) CONSTRUCT J" AC. 01-m 8° A.8. MVWG' @ CONSTRUC T 4 • PCC CONC . P£R ARCH. PWIS I CONSTRUCT 6° CURB ANO GUrT!R PlR CITY S11). 200 CON STR UC T HOP£ STOR A/ OR,U,I CONS TRUC T PUl/t lC SKJC/11,All( POI S1Rff7 /UP. PU.N S AM) CITY STD. 40 / @ CONS TRUC T PUBtJC CURB • G I.ITTCR PER STR£U WP. PWIS ANO CITY STD. 20 1 Pl.ANNING DIVISION. CITY OF TEMECULA BUILDING 12 2 or PARCEL MAP NO.21382 PARCEL 52 PREPARED BY. DA TE: ___ MS MOUNTAIN VIEW 2 s,cus - ,,_ .IOSIIUA C. BARRErT SECTIONS =~ ~.,u. R.C.E. NO.: 856/i5 EXP. !IJl}e22 SITE LIGHTING STATISTICS i, 1· i., lo-"· 1·r· 1· I NOTE: OUTDOOR LUMINAIRES SHOVVN ON THIS PLAN ARE 3,000K FIXTURES FIXTURE LEGEND ....... , ....... ........ 1-" .. -·-···~·-···•-'-- .... ,wT ......... ,v_ ... _ .... ..,, ... _,..,..,_ """'"~ o,.,_CONC..... ,....,. _,u.-•-••~-~~,_·M•-"> """'""·-'""°'"""uae"-"'u:o.• .... ..., •. ,..toc-"l l.((>QJT.of, .... .,, ...... ..., ...... , .,_, ''-] ·~ ·,_, .,, I ~~~s~~-l :~: + ;~l-~:; -~ ~::::;..::~ .. - ............. -.~ .. I :: \ t;- i ,, ~~~:E-~'I[Jt1~2.~r ~-t_/~l t= i ,:,- . ,...:_~-- ·-• ....... - -· ...-.,-~--··-·-~-·~·~•---.,.,,_,.,,., .. ,~ • r:=.:::~~•❖ :.,- • -;;!':.:,.,._.=:~•,:-:.:::&.~~"':':,";:'.:::;• • -=-= nH•~_, ''.:::""'..!.·'"""':::'.:,-7'_";'~,:.::-• ,~, .. _.,. "'·•-·~·--•-«~ ........... - -·~-- ---~·-·- .. -~ - .__.4 _ .. ,_ CAL GREEN BUG TABLE Slice Medium • SLM Outdoor LEO AIOO Light fe.JIUlH&Spt(.11,calk,n~(f,___wt.j _..,.--- -~.::_ __ : ... m,:_ .. ~ •"1• ... ··-··""'"-~...- ................ .,.,,~,..,,,..,.,.,, __ ,.,_ .=.::.:.:--.::·,:::"~--'--'-- ,._ ...,, , .. ...... __, · - --. ·---c..----·--- ...... _""" __ ... _,,_,_ ,, .. ,,.,_,._..._...,._ .. _ ... '!°'""~i'7 .. II•~;:::;· """" :;--~::-~-:.-:-:.~:.··7':,·"·"'7"""' ·- ... , ........ ·- -~-... ...... _, ... -~.-- ..... _, .., ., .. ,.,_ ... - ........ .,., __ ......... ~----- ............. ~,,.,,..,.., _ _, ·-"•·· '"' .. ~ ·····•~-. SITE KEY PLAN ® CONT RACTOR S ENGINEERS LicNo.2010"2 608 W.EMPOR IAST. ONT AR IO ,CA91762 (909)983 -17 94 ~e~~~;;~::= L!nUIPJ>l"'edbyG,i,vg Eloc:,~,:::!~:.-;1 g• p,cpertyalG,"11; Elc,c11ie.l11accep1an"" <0nOIJIL1tcoonog,cc""'nl llitl-ohlll>elluledn d-:.:::::,,7::::~or.:1• ret~~:~.":;,:c:;eu comrn,;n iuted,d.sdooed orcopiadHu:pln •• ,.. ... .,,,ulho<•Hdln ""crngbyG1egsiElecll ,c PROJECT· MS MOUNTAIN VIEW PARK BUILDING 12 •-A\1£H IO •Al VAIW>Q en~ Of ll"'[C\lL" CA TITLE· 20190 12ESL 1 PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1470, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 38,714 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE NORTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 525 FEET EAST OF VIA INDUSTRIA (APN: 909-290-051, 909-250-052), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 10, 2021, MS-Mountain View, LLC filed Planning Application No. PA21-1470 a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was initially scheduled for hearing on March 16, 2022 but was continued off-calendar to allow the applicant to consider some comments that were received from the public. C. The Application was processed including, but not limited to a public notice, in t he time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 4, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-1470, subject to and based upon the findings set forth hereunder. F. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 2.4 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial 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 is an allowed use 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. PA21-1470, a Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria, and makes a finding of exemption under 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 4th day of May, 2022. Gary Watts, 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 4th day of May, 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 -1470 Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria Assessor's Parcel No.: 909-290-051 909-290-052 Industrial MSHCP Category: Business Park/Industrial DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Industrial/Business Park N/A (Non -Residential) May 4, 2022 May 4, 2025 New Street In-lieu of Fee: N/A (Project not located in Uptown Temecula Specific Plan area) PLANNING DIVISION Within 48 Hours of the Approval Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 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. 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. Signage Permits. A separate building permit shall be required for all signage. 6. 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. 7. 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. 8. 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 Main Body Paint Moderate White (SW6140) Accent Paint World Gray (SW7043) Accent Color Cordovan (SW6027) Accent Color Connected Gray (SW6165) Window Glazing Vistacool Pacifica Storefront Clear Anodized Aluminum 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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, sub ject to review and approval by the Director of Community Development. 18. 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.” 19. 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. 20. 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.” 21. 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.” 22. 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." 23. 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.” 24. 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.” 25. 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. 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. 26. 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. 27. 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 28. Downspouts. All downspouts shall be internalized. 29. 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. 30. 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. 31. 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. 32. 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.” 33. 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. 34. 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. 35. 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. 36. 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. 37. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 38. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape) to match the style of the building subject to the approval of the Director of Community Development. 39. 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. 40. 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. 41. 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 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. 42. 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. 43. 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. 44. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 45. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 46. Outside Agencies Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Geocon West Inc. transmittals dated February 5, 2020, a copy of which is attached. 47. 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. 48. 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. 49. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 50. 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. 51. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 52. Street Improvement Plans. The developer shall submit public street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 53. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained within the street right-of-way for the 100-year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 54. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 55. 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. 56. 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 57. 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. 58. 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.c abmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 59. 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. 60. 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. 61. 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. 62. 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. 63. Geological Report. The developer shall complete any outstanding County geologist’s requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 64. 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. 65. 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. 66. 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. 67. 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. 68. 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. 69. 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. 70. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 71. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. 72. Prior to Issuance of Building Permit(s) Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public improvements, as outlined below, in accordance to the City’s General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans’ standards to join existing street improvements. a. Avenida Alvarado (Collector (2 lanes undivided) Standard No. 103A – 78’ R/W) to include installation of curb and gutter, sidewalk, drainage facilities and utilities (including but not limited to water and sewer). 73. 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). 74. Prior to Issuance of a Certificate of Occupancy 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. 75. 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. 76. 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. 77. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 78. 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. 79. 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. 80. 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. 81. 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. 82. 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. 83. 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. 84. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 85. 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. 86. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 87. 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. 88. 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. 89. 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 and multi-family 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). 90. 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. 91. 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 4,000 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). 92. 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). 93. Turning Radius. Minimum turning radius on any cul-de-sac shall be 45 feet for commercial projects (CFC Chapter 5 along with Temecula Municipal Code 15.16.020). 94. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 95. 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). 96. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 97. 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). 98. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 99. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 100. Prior to Issuance of Certificate of Occupancy Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 101. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (Temecula Municipal Code Section 15.16.020). 102. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 103. 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). 104. High Piled Stock. Speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions of California Fire Code Chapter 32 and all applicable National Fire Protection Association Standards (CFC Chapter 32 and Temecula Municipal Code Section 15.16.020). 105. 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. 106. 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. 107. Berm Height. Berms shall not exceed three feet in height. 108. 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. 109. 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. 110. 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. 111. 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. 112. 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. 113. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 114. 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. 115. 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. 116. Roof Hatches. All roof hatches shall be painted “International Orange.” 117 . 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. 118. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a “call-out only” feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 119 . ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 120. 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. 121. 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. 122. 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. 123. 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. 124. Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Simon Saiid, GE Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Addendum Report #1 – Response to Peer Review Comments, MS Mountain View Park (21 Commercial Parcels/Lots) Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc. on January 28, 2020. 2) Preliminary Geotechnical Exploration, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 20, 2019. Dear Mr. Saiid: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Preliminary Geotechnical Report and subsequent Addendum Report #1 prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our geotechnical opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced documents. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, California Geological Survey Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California dated 2008, and City of Temecula Improvement Standard Drawings. CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Preliminary Geotechnical Exploration and the Addendum Report #1 adequately address the project design as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Geocon Project No. T2652-22-13 - 2 - February 5, 2020 Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 Joseph J. Vettel GE 2401 LAB:JVJ:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Mitchel Bornyasz, CEG Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Response to Peer Review Comments – Fault Hazard Evaluation MS Mountain View Park (21 Commercial Parcels/Lots), Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., on January 28, 2020. 2) Fault Hazard Evaluation, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 17, 2019. Dear Mr. Bornyasz: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Fault Hazard Evaluation and the Response to Peer Review Comments prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced document. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, and California Geological Survey Special Publication 42, Earthquake Fault Zones A Guide for Government Agencies, Property Owners/Developers, and Geoscience Practitioners for Assessing Fault Rupture Hazards in California dated 2018. Geocon Project No. T2652-22-13 - 2 - February 5, 2020 CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Fault Hazard Evaluation and Response to Review Comments by Leighton adequately address the fault hazard with respect to the project as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 LAB:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com May 5, 2022 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. PA21-1470, a Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay 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 payment of the $50.00 filing fee is 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 email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506-5137 or at email scott.cooper@TemeculaCA.gov . Sincerely, Luke Watson Deputy City Manager Attachments: Notice of Exemption Form Electronic Payment - Filing Fee Receipt [ T y p e a q u o t e f r o m t h e d o c u m e n t o r t h e s u m m a r y o f a n i n t City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov 1 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: MS-Mountain View Building 12 (PA21-1470) Description of Project: A Development Plan for the construction of an approximately 38,714 square foot industrial building Project Location: APN: 909-290-051, 909-290-052 Applicant/Proponent: City of Temecula, County of Riverside The Planning Commission approved the above described project on May 4, 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 industrial buildings are an allowable use within the Industrial Park designation. 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 2.4 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. 2 (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 requirement s of the City of Temecula. A traffic analysis was not required as part of this project as the proposed use is allowed within the Light Industrial 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 is an allowed use 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: PA21-1470 APPLICANT: MS-Mountain View, LLC PROPOSAL: Development Plan for the construction of an approximately 38,714 square foot industrial building located on the north side of Avenida Alvarado, approximately 525 feet east of Via Industria (APNs: 909-290-051, 909-290-052) 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: May 4, 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. 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: May 4, 2022 PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application No. PA21-1471, a Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria (APN: 909-290-050) (Continued from Planning Commission meeting on March 16, 2022) 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: MS-Mountain View, LLC General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Vacant / Industrial Park (IP) North: Existing Industrial Buildings / Industrial Park (IP) South: Avenida Alvarado, Vacant Land / Industrial Park (IP) East: Vacant Land / Industrial Park (IP) West: Vacant Land / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.58 Acres 0.92 Acres Minimum 2 Total Floor Area/Ratio: 0.29 0.40 Maximum Landscape Area/Coverage: 41.5% 20.0% Minimum Parking Provided/Required: 32 Parking Spaces 25 Parking Spaces (required) BACKGROUND SUMMARY On November 10, 2021, MS-Mountain View, LLC submitted Planning Application PA21-1471, a Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria. The project was initially scheduled for hearing on March 16, 2022 but was continued off- calendar to allow the applicant to consider some comments that were received from the public. 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 in the Light Industrial (LI) zoning district. The applicant seeks to construct a new approximately 19,727 square foot industrial building. The project is consistent with the City of Temecula Design Guidelines for industrial development in that the loading areas are screened from public view by an 8’-0” fence and a sliding access gate and an employee break area is being provided. The vehicular access to the project is from a single driveway on Avenida Alvarado that utilizes enhanced paving with score lines. The project is required to provide 25 parking spaces for an office/warehouse use per Table 17.24.040 of the City of Temecula Development Code. The project proposes 32 parking spaces. The project provides an outdoor employee break area that includes tables with seats, umbrellas, a trash receptacle, and enhanced paving. Architecture The architectural design of the project features four-sided architecture that incorporates painted concrete, anodized aluminum, metal canopies, and a prominent entrance to the building using a splendid color and window glazing. The building is architecturally designed to match other buildings proposed along Avenida Alvarado and complementary to other recently approved industrial buildings within the City of Temecula. Landscaping 3 The project, when completed, would provide 41.5% landscaping which exceeds the minimum 20% landscape requirement of the development code. Plant types include fern pine, holy oak, Mediterranean cypress, Texas ranger, and autumn sage. LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the Press Enterprise on April 22, 2022 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 industrial buildings are an allowable use within the Industrial Park designation. 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 1.58 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial zo ning 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 is an allowed use per the City of Temecula General Plan, and the zoning district. 4 (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 al l 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 industrial buildings are an allowable use within the Industrial Park designation. 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. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Exemption 6. Notice of Public Hearing VIA IN D U ST RIA RIO NEDOAVENIDA ALVARADOProject Site CITY O F TEMEC ULA PA21-1471 0 200100 Feet\Date Created: 11/17/2021 1:2,4001 inch = 200 feet 909-290 -050 The map PA21-1471.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 n.;-l - 7 l==c;-='c+---...;....=-~,1--'--+-----<i.J ' NEW 1,, I 1NDUSTRIAL I ' BLDG. 13 ' I 0 --------i --- ' ' ' ' ' ' ' f--+---"'l==~;i..,._µ=~lll-l---1-116--.__+--11--l>--""l----J!----lh-lt~ Ill ,-:,.,1 AVENIDA ALVARADO H"O,toorOO'<'l!OU.IIOC<OACC(llll~•l',U:tJ0-!>100-Jfll!C>'T-!)OOII 21,r11,o..1,,;...:1'1TO•"'('lntl. 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I ' ! 0 ~~~PlAN MS MOUNTAIN VIEW PARK 42672 A\/cNIOAAI..VAANXJ OTI OF TEMECUlA , CAUFDmA .. MS-MOUNT~N ~EW LLC Q'O SILAGI DEVELCPMENT & MANAGE~NT. INC. 16130\IENT\JRABLVOSUTE 510 ENCINO,CA91436 PHCM:IIO><l94-77CM «'"~1 r..-c,,a,:,.,;,,"!:r . ...._llEIO> FlOOR PlAN ANC ROOF PlAN Al'tHlt1t)OIQ PAll-10\ 13-A2-1P G£N ERAl.tlOT E S Ot fi<r of AfChi!ect ur,11 Oem1n = = - = 1'14'1141/Y)}II F~')4\l-l·\1 ~11 - = 0 ~?~JH ELEVATION ·1 1 r t:'.'.:" t==·····•:::::':.•--:;;:::::':· .·.•.•==··t,=-1 =·- l====::::'.::=====I "::=I l..J===::::;;:;'.::=====I=" l====:::::':=====I "::<:::I =:::::':====1 0 ~~.~I ELEVATION r- ' ' L __ ,- 0 ~~!l,TH ELEVATION MS MOUNTAIN VIEW PARK 42672 AVE~DAAI.VARADO CHY a= TEMECULA, CAI.JFORNIA Iii MS·MOUNT~N~EWLLC CIO Sil.AG! DEVEL CW.ENT & 1/ANAGEIIENT,INC. 16130VENTIJRABLvOSUITE 510 Ef.ONC,CA91436 PHC\'IE:805-494-7704 ELEVATIONS 13-A3-1P 1 1 111111111111111111111111111111111111111111111111111111111111111111111111111111 :.•·---:-;:-,."'·'"·'· \0'11 l~\l-.!•llOHIIQO'• l ... na·OO't(T050<Ul•OIPWI: ,.,1~ .. a .• :,:..~ec,1 o •=D'flO'!e(ll)l•:,.1~H "'-'"°'r,,..:,:1 .. :D"fOO'IX<l'll'O• IWl"'°'T;illTQl,,.lll!U.UJl'Ql!,..-,.SfQ'Ol;<IIC';>:.1-(0<~C.,•c,, 0 ~~~ ELEVATION I IUIJ(l«.i..·"'•'~•~1.•·-fl y-·c,, lllll"[Pcl\!04~·Qt.l llfl\"!.:1.'IA.·"'••~•Cll>,·:J1MO..l'1!1"cit=,-.'l!:l.'l!fl\ll 0 ~Y:,.;CAL TRASH ENCLOSURE GATE ELEVATION l<'0,1711<"01 ~'!'-Of:lTGt.l"l• -+----I 0 \;~~T POLE & BASE w.:•0..11U1,1nn,~•n'l!l !;-of-•!llo<\;,t,,.1.1' W!l101U10'INl1"-"' fU("'!Ut(C\:,,OTa··• 11·••w.o!•-1<·1;,t. 11.K .. Ut •• "' I K•.i.1 ... w,.1tttW<Ul:F.«<A~I:·, ''''"-Ill! "'11-.1,,,uuoi ,,~,o.1,1.,~~·-1,,vt"'f!'•!l°"-C,, Ot,.l,fj(>;,.\'1"1.Hlo«""l!•••••"l"<tt<i\ .. C"l.,-11~10,, ;i~~~~;;;~'.;;;:;~i:.:;~;;~, _........._-+!-----+-'- '~-~ MS MOUNTAIN VIEW PARK 42672 AI/ENIDA.ALVARPDO CHY OF TEMEa.1.A, CAUFOIWA Ill MS-MOUNTNNVIEWLLC CIO SILAGI OEVEla>MENT & 1/AAAGE'-ENT, INC. 0 ~~-~~H GATE LATCHES-6 FT. HIGH GATES 0 ~Y:,;CAL BICYCLE RIBBON RACK 16l30VENTURABt.WSUTE 510 EtoOO,CA.91436 PHOOE:ll'.>5-494-7704 ,·u111tl1fl.,:.U ""1l!:.:),JO•c- •W$llfA"-•~•:..1 I I I I ____ 1 _ I ~~ I I ,1 •n'lO ,v...,,~OOIIWi''I ,1 n~:u, ~-""'"~I_.~...._ .,. .. ,oo.ic"o :irn·i· cw,n..a.w,o :oo,,i~, .- .. oo,uoo111:,,1:, .... !f.1c.- DETNLS ,_,,,,:,U,;""()IIW!ll<'I ,,,., •. uu ... io••·e-....i:,~ l tfU ~.tT•"'- il'o~ •:ii. •.•·-1 .. ~·11 ,1un,_.,,c;,,ict(.<•o, IW.J"-'•l.mllfQI;", l'-ll'fr •• ::.1,'CIEO.,)ll<>'i!¥!J'''''I.O.Tt..-;o:noo1o;.•1 1M1 ... ')(D!l!(IIHIG0111:.0.l'!C>.:U•,l•"l);"-.,.;iUMlD'L•(lll:it:O'll!OO !CO\',V,,:T0,!01,,.,r!f.TlUJ!o-:>'·:•llf(llllf<'l;>it;.Pll(llll0'U.t.1"0\ 0 ~~-~~H ENCLOSURE 0 ~R-~~H ENCLOSURE GATE & HINGE 0 ~T-~~L PICKET SITE ACCESS/ EXIT GATE ""' 13-A4-1P PERSPECTIVE VIEW Olfi(I' (If Archilt'{lUl,11 ()('\1gn 1,w11~1 m,o fX9,Nl41<>'JlJ MS MOUNTAIN VIEW PARK 42672 AVEMDAAI.VARAOO OTY OF TEMECtAA CALIFORNIA ' 1111 Cl~.l~NDEVT.AJNVIEWLLC """" Ela>MENT& ==EflfNT, INC. 13-A6-1P C, I BUILDING #131 0 ENLARGEMENT 'A' KEY NOTES: DESIGN KEY NOTES: (D EM-iANCEOVEHIOJLAA ENTRY PAVINO. COi.OREO ORIO PATtERNCON C. © ~!_~~~~~~~~:~~~~~~~~~:--~;~ PANELS. 18" MIN. DEPTH X 10' WIDE PANEL. €) VERTICAL TREE AGAINST BULOING PER LE GENO. © SCREEN SHRUBS SURROUNOINtl ELECTRIC TRANSFORMER. €) TREE ALONG PROPERTY LINE PER LEO ENO. €) FLOWE RING ACCENT TREE PER LEGEND ([) PAA KING LOT SHADE TREE PER LEGEND @) TYP.VINESATTRASHENCLOSUAE. REFERENCE KEY NOTES: ~ PUBUC SIDEWALK PER CML Pi.-'NS. ~ ~~i~~~~~~NO AT BUILOINO ENTRY PER @] TRAS H ENCLOS URE PER ARCHI TECTURE Pl.AN S. ~ ELECTRICAL TRA NSFORMER PER CIVIL PLAN S. ~ FlfOCX:UNITPEROVILPlANS. PARKING LOT TREE REQUIREMENTS -w ·ITJ • [JjJ GENERAL NOTES: SLOPES GREATERTHANJ l SHALL BE STABILIZED WITH EROSION CONTROi. GROUND COVER l'EA LEGEND, AND MULCH MATERIAL WITH 'BINDER' MATERIAL SHALL BE APPLIED FOR EROSION CONTROL ROCK RIP-RA? MATERIAi. SHALL BE INST Al.LED WHERE DRAIN LINES CONNECT TO INflL TRATION AREAS. ALL UTILITY EQUIPMENT SUOl AS BACKFLOWUNITS, FIRE DETECTOR ~~'bi;~()~~~ CUH~;; ~1tLV:E ~~~:NEO'MTH EVERGREEN PLANT MATER)Al. ONCE FINAi. LOCATIONS HAVE BEEN DETERMINED. TREES ANO SHRUBS SHALL BE PLACEO A ,,m•IMUM OF 5' AWAY FROM WATER METER, OAS METER. OR SEWER LATERALS, A MINIMUM OF 10' AWAY FROM UTILITY POLES, AND A MINIMUM OF 8' AWAY FROM FIRE HYDRANTS ANO FIRE DEPARTMENT sPRINl<lERS ANO STANDPIPE CONNECTIONS CONC EPTUAL PLAN NO TE: THISIS A CONCEPTUAL LANDSCAPE Pl.AN, HIS BASED ON PRELIMINARY INFORMATION WHICH IS NOT FULLY VERIFIED ANO MAY BE INCOMPLETE. IT IS MEANT AS A COMPARATIVE AID IN EXA.,.INING ALTERNATE DEVELOPMENT STRATEGIES ANO Atff QUANTITIES INDICATED ARE SUBJECT TO REVISION AS MORE RELIABLE lNFO>{MATION BECOMES AVAILABLE (!) (1) TRASH RECEPTACLE BY 'QUICK CRETE PRODUCTS' MODEL IIOS-S0202W (20" SQUARE). LIGHT SANO BLASTED FINISH. (NATURAL COLOR) @ SAW·CUT SCORE LINE ~5• ANOLE a'xr ORIO PATTERN. COLOR TO BE INTEGRAL COLOR COCOA 11'S130 BY DAVIS COLORS. TOPCAST 05 FINISH INFIELD. NOTE CONTRACTOR SHALL PROVIDE A l'X3' SAMPLE FOR REVIEW & APPROVAL 8Y LANDSCAPE ARCHITECT & OWNER PRIOR TO FINAL POUR (i) (2) TABLES BY 'DUCK CRETE PRODUCTS CORP', MODEL #QROFC, LIGHT SANO BLASTED FINISH. \NATURAL COLOR) © IT MAX. NATURAL CONCRETE PERIMETER BAND © CONC. WAU<WAY PER ARCH. PLANS. IRRIGATION NO TE· THE PROJECT WILL BE EOUIPPED WITH A LOW FLOWIRRIOATIDN SYSTE'-1 CONSISTING OF ET WEATHER BASED SMART CONTROLLER, LOW FLOW ROTORS, BUBBLER ANO/ ce OellP SYSTEMS USED THROUGHOUT. THEIRR(OATION WATER EFFICIENCY Wi ll MEET OR SURPASS THE CURRENT STATE MANOATEOAB•1U1 WATE,I ORDINANCE \M../CO LS PLANT FACTOR THIS PROJECT IS LOCATED IN WIJCOLS REGION '◄·SOUTH INLAND'. H = HIGHWATER NEEDS M = MOOERATEWATER NEEDS L = LOW WATER NEEDS VI.= VERY LOW WATER NEEDS PLANTING LEGEND TREES SYMBOL QTY. WUCOLS 0 POOOCARPUS GRACI LI OR FERN PINE 24"BOX SIZE. STANDARD TRUNK. DOUBLE STAKE. EVERGREEN SCREEN lREE PINUS ELDARICA, MONDELL PINE 2~" eox SIZE. STANDARD TRUNK OOUBLE STAKE 0 VERTICAL TREE ALONG BUILDING CUPRESSUS SEMPERVIRENS. MEDITERRANEAN CYPelESS 1SOAL.S!ZE.OOUBLESTAKE 0 TYP. PROPERTY LINE TREE OUERCUS ILEX. HOl Y OAK 24"80X SIZE. STANDARD TRUNK. DOUBLE STAKE PLANT V.1TH DEEP ROOT BARRIER PANELS AS REQUREO. FLOWERING ACCENT TREE AT ENTRY DRIVE CEROOIUM 'DESERT MUSEUM', PAl.0 VERDE 36" sax SUE. MUL fl.TRUNK. DOUBLE STAKE @,~,,_ PLAT ANUS X. ACER!FOUA 'COLUMBIA', LO NOON PLANE TREE ISOAl..6IZE SHRUBS . PROPOSED SHRUBS WILL BE SELECTED FRO),j THE FOLLO'MNO SYMBOL SHRUB NAME WUCOLS (I) LEUCOPHYLLUM FRUTESCENS, TEXAS RANGER SGAt.SI2E 0 WESTRINGIA FRUTICOSA, COAST ROSEMARY SGAI..SIZE 0 JUSTICIA SPJCIGERA. MEXICAN HONEYSUCKLE SGAt.SIZE 0 0 DOOONAEA VISCOSA, HOPSEED 8USH SGAt.SIZE 0 RHAPHIOLEPIS I. 'ct.AAA', INDIAN HAWTHORN 5GAL.SIZE 0 ~:.!i'.~!~z~ON 'LITTLE JOttN', OWAAF BOTTLE !!RUSH GROUND COVER ANO SHRUB MA55E&- lilU>UNU COVER ANllSHRUBMASSESSKALL BE CHOSEN SYMBOL GROUND COVER/SHRUB MASS NAME WUCOLS LANTANA 'OOLO RUSH', LANT AN GOLD RUSH 1 0Al.SIZE@2("0,C SAi.ViA OREGGII. AUTUMN SAGE 1GAL.SIZEQJ6"0.C MUHLENBERGIA RIGENS, DEER GRASS 5GAI..Sl2Ect•2"0.C LONICERA J. 'HAI.LIANA'. HALL'S HONEYSUCKLE IGALSIZEC124"0.C. SAi.ViA LEUCANTHA, MEXICAN BUSH SAGE 5GAl..612ECl•To.c. EROSION CONTROL GROUND COVER AT SLOPES ROS',1ARINUS OFFICINALIS 'PROST RA TUS. PROS I RA TE RDS EMA.RY IGAl.SIZECllD"O.C. 'APPLY A J"LAYER Of SHREDDED WOOO MULCH THROUGHOUT All PLANTING AREAS EXCEPT ROCK '-IUI.CH AREAS. MUI.CH SHALL BE FOREST FINES MULCH BY AflRISERVICE OR APPROVEO EQUAL QTY. WUCOLS FICUS REPENS, CREEPING FIG 5 GAi.. SIZE. TRAIN ON WALL OF TRASH ENCLOSURE. APPLY A J" LAYER OF CRUSHED GRAVEL JN FRONT OF ELECTRICAL BOX ACCESS OOORS. INSTALL V,'EED FILTER FABRIC 'MOJAVE GOLD' AVAILABLE THROUGH KRC ROCK OR APPROVED EQUAi.. PROVIDE SAMPLES FOR REVIEW. REFER TO SEPARATE PLANTING PLANS FOR STREET FRONT ADE {MASTER ASSOCIATION) ENLARGEMENT 'A' - EMPLOYEE BREAK AREA SCOTT PET2~~~~ L::i~~ ~l~ITECT, INC. FALL BROOK, CA 92028 CONCEPTUAL LANDSCAPE PLAN MS MOUNTAIN VIEW PARK BUILDING 13 20' 40' SCALE: 1" = 20'-0" 60' L-1 N =It ...J ~ ~ cc ::) CJ) z ::S a. 1- z UJ ~ a. 0 ...J UJ > UJ 0 N- ~ r-- 0 I N 0 UJ ~ 1- z ~ a. 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TITLE· ... .::. .... , ........ - -·- - ______ ,,__. .. ·-·--·---· --~~,.., ....... ·- .............. ,..,,, __ .., ·- ......... -, ... _,_...,,_.._ ·<><-•-""'- .. ,.. ............ ,,-.m_,..iu....,,.,..,,.- _ _._....,. .... ...,,_, ... , __ ., __ _ ,._,.. .. ,w .. ,,..,, ... _ _, ----~. ,,, ..... , .. · .. ,. -- ---.~ fQFi~E~r-~:I lii'F=Y~-I :: i . ~·~~~:-~:'~··iE.:'-::F"".!::---·~ 20190 SITE KEY PLAN 13ESL 1 PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1471, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 19,727 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE NORTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 275 FEET EAST OF VIA INDUSTRIA (APN: 909-290-050), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 10, 2021, MS-Mountain View, LLC filed Planning Application No. PA21-1471 a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was initially scheduled for hearing on March 16, 2022 but was continued off-calendar to allow the applicant to consider some comments that were received from the public. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 4, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-1471, subject to and based upon the findings set forth hereunder. F. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 1.58 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial 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 is an allowed use 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. PA21-1471, a Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria, and makes a finding of exemption under 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 4th day of May, 2022. Gary Watts, 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 4th day of May, 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 -1471 A Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado approximately 275 feet east of Via Industria Assessor's Parcel No.: 909-290-050 Industrial MSHCP Category: Business Park/Industrial DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Industrial/Business Park N/A (Non-Residential) May 4, 2022 May 4, 2025 New Street In-lieu of Fee: N/A (Project not located in Uptown Temecula Specific Plan area) PLANNING DIVISION Within 48 Hours of the Approval Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 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. 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. Signage Permits. A separate building permit shall be required for all signage. 6. 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. 7. 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. 8. 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 Main Body Paint Moderate White (SW6140) Accent Paint World Gray (SW7043) Accent Color Drizzel (SW6479) Accent Color Connected Gray (SW6165) Window Glazing Vistacool Pacifica Storefront Clear Anodized Aluminum 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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.” 19. 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. 20. 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.” 21. 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.” 22. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A Pe changa 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." 23. 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.” 24. 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.” 25. 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. 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. 26. 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. 27. 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 28. Downspouts. All downspouts shall be internalized. 29. 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. 30. 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. 31. 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. 32. 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.” 33. 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. 34. 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. 35. 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. 36. 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. 37. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 38. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape) to match the style of the building subject to the approval of the Director of Community Development. 39. 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. 40. 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. 41. 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 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. 42. 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. 43. 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. 44. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 45. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 46. Outside Agencies Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Geocon West Inc. transmittals dated February 5, 2020, a copy of which is attached. 47. 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. 48. 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. 49. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 50. 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. 51. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 52. Street Improvement Plans. The developer shall submit public street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 53. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained within the street right-of-way for the 100-year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 54. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 55. 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. 56. 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 57. 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. 58. 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 59. 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. 60. 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. 61. 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. 62. 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. 63. Geological Report. The developer shall complete any outstanding County geologist’s requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 64. 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. 65. 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. 66. 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. 67. 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. 68. 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. 69. 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. 70. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 71. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. 72. Prior to Issuance of Building Permit(s) Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public improvements, as outlined below, in accordance to the City’s General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans’ standards to join existing street improvements. a. Avenida Alvarado (Collector (2 lanes undivided) Standard No. 103A – 78’ R/W) to include installation of curb and gutter, sidewalk, drainage facilities and utilities (including but not limited to water and sewer). 73. 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). 74. Prior to Issuance of a Certificate of Occupancy 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. 75. 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. 76. 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. 77. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 78. 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. 79. 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. 80. 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. 81. 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. 82. 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. 83. 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. 84. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 85. 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. 86. Sewer and Wa ter Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 87. 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. 88. 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. 89. 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). 90. 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. 91. 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). 92. 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). 93. Turning Radius. Minimum turning radius on any cul-de-sac shall be 45 feet for commercial projects. (CFC Chapter 5 along with Temecula Municipal Code 15.16.elling tracts and c020). 94. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 95. 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). 96. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 97. 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). 98. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 99. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 100. Prior to Issuance of Certificate of Occupancy Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 101. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (Temecula Municipal Code Section 15.16.020). 102. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 103. 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). 104. High Piled Stock. Speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions of California Fire Code Chapter 32 and all applicable National Fire Protection Association Standards (CFC Chapter 32 and Temecula Municipal Code Section 15.16.020). 105. 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. 106. 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. 107. Berm Height. Berms shall not exceed three feet in height. 108. 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. 109. 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. 110. 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. 111. 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. 112. 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. 113. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 114. 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. 11 5. 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. 116. Roof Hatches. All roof hatches shall be painted “International Orange.” 117. 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. 118. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a “call-out only” feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 119. ADA Pa rking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 120. 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. 121. 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. 122. 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. 123. 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. 124. Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Simon Saiid, GE Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Addendum Report #1 – Response to Peer Review Comments, MS Mountain View Park (21 Commercial Parcels/Lots) Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc. on January 28, 2020. 2) Preliminary Geotechnical Exploration, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 20, 2019. Dear Mr. Saiid: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Preliminary Geotechnical Report and subsequent Addendum Report #1 prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our geotechnical opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced documents. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, California Geological Survey Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California dated 2008, and City of Temecula Improvement Standard Drawings. CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Preliminary Geotechnical Exploration and the Addendum Report #1 adequately address the project design as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Geocon Project No. T2652-22-13 - 2 - February 5, 2020 Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 Joseph J. Vettel GE 2401 LAB:JVJ:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Mitchel Bornyasz, CEG Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Response to Peer Review Comments – Fault Hazard Evaluation MS Mountain View Park (21 Commercial Parcels/Lots), Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., on January 28, 2020. 2) Fault Hazard Evaluation, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 17, 2019. Dear Mr. Bornyasz: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Fault Hazard Evaluation and the Response to Peer Review Comments prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced document. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, and California Geological Survey Special Publication 42, Earthquake Fault Zones A Guide for Government Agencies, Property Owners/Developers, and Geoscience Practitioners for Assessing Fault Rupture Hazards in California dated 2018. Geocon Project No. T2652-22-13 - 2 - February 5, 2020 CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Fault Hazard Evaluation and Response to Review Comments by Leighton adequately address the fault hazard with respect to the project as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 LAB:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com May 5, 2022 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. PA21-1471, a Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay 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 payment of the $50.00 filing fee is 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 email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506 -5137 or at email scott.cooper@TemeculaCA.gov . Sincerely, Luke Watson Deputy City Manager Attachments: Notice of Exemption Form Electronic Payment - Filing Fee Receipt [ T y p e a q u o t e f r o m t h e d o c u m e n t o r t h e s u m m a r y o f a n i n t City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov 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: MS-Mountain View Building 13 (PA21-1471) Description of Project: A Development Plan for the construction of an approximately 19,727 square foot industrial building Project Location: APN: 909-290-050 Applicant/Proponent: City of Temecula, County of Riverside The Planning Commission approved the above described project on May 4, 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 industrial buildings are an allowable use within the Industrial Park designation. 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 1.58 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial 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 is an allowed use 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: PA21-1471 APPLICANT: MS-Mountain View, LLC PROPOSAL: Development Plan for the construction of an approximately 19,727 square foot industrial building located on the north side of Avenida Alvarado, approximately 275 feet east of Via Industria (APN: 909-290-050) 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: May 4, 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. 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: May 4, 2022 PREPARED BY: Scott Cooper, Case Planner PROJECT SUMMARY: Planning Application No. PA21-1472, a Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria (APN: 909-290-011) (Continued from Planning Commission meeting on March 16, 2022) 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: MS-Mountain View, LLC General Plan Designation: Industrial Park (IP) Zoning Designation: Light Industrial (LI) Existing Conditions/ Land Use: Site: Vacant / Industrial Park (IP) North: Avenida Alvarado, Vacant Land / Industrial Park (IP) South: Vacant Land / Industrial Park (IP) East: Vacant Land / Industrial Park (IP) West: Vacant Land / Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.97 Acres 0.92 Acres Minimum 2 Total Floor Area/Ratio: 0.23 0.40 Maximum Landscape Area/Coverage: 56.6% 20.0% Minimum Parking Provided/Required: 16 Parking Spaces 14 Parking Spaces (required) BACKGROUND SUMMARY On November 10, 2021, MS-Mountain View, LLC submitted Planning Application PA21-1472, a Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria. The project was initially scheduled for hearing on March 16, 2022 but was continued off- calendar to allow the applicant to consider some comments that were received from the public. 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 in the Light Industrial (LI) zoning district. The applicant seeks to construct a new approximately 9,867 square foot industrial building. The project is consistent with the City of Temecula Design Guidelines for industrial development in that the loading areas are screened from public view by an 8’-0” fence and a sliding access gate and an employee break area is being provided. The vehicular access to the project is from a single driveway on Avenida Alvarado that utilizes enhanced paving with score lines. The project is required to provide 14 parking spaces for an office/warehouse use per Table 17.24.040 of the City of Temecula Development Code. The project proposes 16 parking spaces. The project provides an outdoor employee break area that includes tables with seats, umbrellas, a trash receptacle, and enhanced paving. Architecture The architectural design of the project features four-sided architecture that incorporates painted concrete, anodized aluminum, metal canopies, and a prominent entrance to the building using a lustrous color and window glazing. The building is architecturally designed to match other buildings proposed along Avenida Alvarado and complementary to other recently approved industrial buildings within the City of Temecula. 3 Landscaping The project, when completed, would provide 56.6% landscaping which exceeds the minimum 20% landscape requirement of the development code. Plant types include palo verde, London plane tree, mountain marigold, Texas ranger, and Mexican bush sage. LEGAL NOTICING REQUIREMENTS The notice of the public hearing was published in the Press Enterprise on April 22, 2022 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 industrial buildings are an allowable use within the Industrial Park designation. 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 0.97 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial zo ning 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 is an allowed use per the City of Temecula General Plan, and the zoning district. 4 (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 al l 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 industrial buildings are an allowable use within the Industrial Park designation. 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. ATTACHMENTS 1. Aerial Map 2. Plan Reductions 3. PC Resolution 4. Exhibit A - Draft Conditions of Approval 5. Notice of Exemption 6. Notice of Public Hearing VIA IN D U ST RIA RIO NEDOAVENIDA ALVARADOProject Site CITY O F TEMEC ULA PA21-1472 0 200100 Feet\Date Created: 11/17/2021 1:2,4001 inch = 200 feet 909-290 -011 The map PA21-1472.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 AVENIDAALVARADO I. •1, ~-:--..,1 I. I; l(i j ~ ! -i L _ - - - -- - - - -- - - - - - - - - - - 0 ~~~PLAN , ':' .'' '-:r ___________ __l ll(,i.o,o,•~•111- ... '""'•~1111,;,;•~ .. :fl(',1-(~a)forMIXX>I :ior11•0..1..,_,u,110•..t<,;n.i. PROJECT DIRECTORY PROJECT DATA ~...:;IIM\OPV!\11>,•,c;:"'-.i": ,:,..ooo,i:,,w..:.:u17.l! 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PERSPECTIVE VIEW MS MOUNTAIN VIEW PARK 42637 AVENIDAAl.VARADO a TY Of TEMECULA, CALIFORNIA Ill 16130VENTURA8l\lOSUITE 510 EOONO, CA91436 PHOOE: OOS..94-7704 "-'"'-';W,Mf','$ ~ ....... ,;i.e~-✓ PERSPECTIVE ~EW Al'Ntt.'Jl'l0011 PA11-111l 20-A6-1P D E S IG N K E Y N O T E S : I BUILDING #201 ([) ENHANCE0 VEHla.JlAR ENTRY PAVING. COLORED GRID PATTERNCONC. <D ~1~~~t~~i~~~'6~~~ T~~:~~:~~~~R PANELS. 1r MIN. DEPTH X 1a v.'IDE PANEL €) VERTICAL TREE ACIAINST BUILDING PER UOGEND. €) SCREEN SHRUBS SURROUN DING ELECTRIC TRANSFORMER. {[) TREE ALONG PROPERTY UN€ PER LEGEND. €) FLO'MRING ACCENT TREE PER LEGEND. © PARKING LOT SHADE TREE PER LEGEND ([) TYP. VINES AT TRASH ENCLOSURE PATIO AREA. REFER TO ENLARGEMENT 'A', THIS SHEET. ENLARGEMENT 'A' KEY NOTES: (!) (I) TRASH RECEPTACLE BY 'QUICK CRETE PROOUCTS' MODEL OOS-S02'32W (20" SQUARE). LIGHT SANO BLASTED FINISH. (NATURAL COLOR) b (2) SAW-CUT SCORE LINE ~5• ANGLE 3'Xl'ORI0PATTERN.COLOR TOBE INTEGRAL COLOR COCOA #6130 BY DAVIS COLORS, TOPCAST 05 FINISH ~----------', 1 ~N~;~cZ~~Yc~6~cC:~t!~i~:~~:~;J:!!~~~i!'(!~'tuE:.' @ 11) TAIILES BY 'QUID< CRETE PROOUCTS CORP-, MODEl JOR42FC. LIGHT SANO BLASTED FINISH. (NATURAi. COLOR) © lTMAX. NATURAL CONCAETE PERIMETER BANO @ CONC, WAJ..KVJAY PER ARCH_ PlANS EN LA R G E M E N T 'A ' - EM P LO Y E E BR E A K AR EA SEPARATE PERMIT REFERENCE KEY NOTES: ~ PUBLIC Sl~WIIJ..K PER 0\/11. PlANS. [} ~~~~~~~:;~A~~~ AT BUILDING ENTRY PER @J TRASH ENa.OSURE PER ARCHITECTURE PlANS. §] ElECTRICAL TRANSFORMER PER QVIL PLANS [] FIFODC UN1T PER OVIL PLANS [] BIKE RACK PER ARCH. PLANS GENERAL NOTES: SLOPES GREATER THAN 3 1 SHALL BE STABILIZEOYJITH ~~~~~i:~~~~~:k~~A~~:!i!c:!_~~flf0 APPllEO FOR EROSION CONTROL ROCK RIP.RAP MATERIIIJ.. SHALL BE INSTALLED WHERE DRAIN LINES CONNECT TO INFlL TRATION AREAS Al l UTILITY EQUIPMENT SUCH AS BACKFLOW UNITS, FIRE DETECTOR CHECKS, FIRE CHECK VALVE, ANO AJA CONDITIONING UNITS 'MLL BE SCREENED \\1TH EVERGREEN PLANT MATERIAL ONCE FINAL LOCATIONS HAVE BEEN DETERr,,INEO. TREES ANO SHRUBS SHALL SE PLACED A MINIMUM OF 5' AWAY FROM WATER METER GAS METER. OR SEWER lAHCRALS, AMINl/,jUM Of 1(1 AWAY FROM UTILITY POLES. ANO A MINIMUM OF 8' AWAY FROM FIRE HYDRANTS AND FIRE DEPARTMENT SPRINKLERS ANO STANDPIPE CONNECTIONS. CONCE PTU AL PLAN NOTE: THIS IS A CONCEPTUAL LANDSCAPE PLAN. IT rs BASED ON PRELlr,,INARY INFORMATION ~ICH IS NOT FULLY VERIFIED ANO MAY BE INCOMPLETE. IT IS MEANT AS A COMPARATl\11: AJO IN EXAM I NINO AL TERNA TE DEVELOPMENT STRATEGIES AND ANY QUANTITIES INDICATED ARE SUBJECT TO REVISION AS MORE RELI ... BLE INFORM ... TtON BECOMES AVAILABLE. IRRIGATION NOTE: THE PROJECT \'Jill Bf EOUIPPEOWITH Al <'NI FLOW IRRIGATION SYSTEM CONSISTING Of ET WEATHER BASED S!IIART CONTROUER. LOW FLOW ROTORS, BUBBLER ANDI OR DRIP SYSTEMS USED THROUGHOUT. THE IRRIGATION W ... TER EFFICIENCY 'MLL MEET OR SURPASS THE CURRENT STATE MAND ... TED ... 8·18B1 WMER ORDINANCE. \MJCOLS PLANT FACTOR THIS PROJECT IS LOCATED IN "MJCOLS' REGION ·•-sOOTH INLANt7. H: HIGHW,.TER NEEDS M: MOOE RATE WATER NEEDS L: LOW WATER NEEDS Ill: VERYLOWWATER NEEDS PAR KI NG LOT TREE REQUREMENTS "TOTALNUHBEROFPAAKINGSTALLS •W :;1:[~~Rl~~~:: REQUIRED U • [I] *NUMBEROFPAAKJNGLOTlJIEESPROVJDEO • [I] PLANTING LEGEND SYMBOL QTY. WUCOLS ~ v' POOOCARPUS GRAOLIOR FERN PINE zc-eox SIZE. STANDARD TRUNK. DOUBLE STAKE. @ EVERGREEN SCREEN TREE PINUS ELDAAIC,\ MONDELL PINE 24"BOX SIZE. STANDARD TRUNK. DOUBLE STAKE 0 VERTtC ... L TREE ALONU BUILOINU CUPRESSUS SEMPERVIRENS, MEDITERRANEAN CYPRESS 15GAL.SIZE.DOUBLESTAl<E CONCEPTUAL LANDSCAPE PLAN MS MOUNTAIN VIEW PARK BUILDING 20 PARKING LOT SHADE TREE RH\JS LANCEA.. AFRICAN SU~AC 24" BOX SIZE. STANDARD TRUNK. OOU9LE STAKE PLANT Y,HH DEEP ROOT BARRIER PANELS AS REQUIRED TYP.PROPERTYLINETREE DUERCUSILEX, HOLYOAK H" BOX SIZE. STANDARD TRUNK. DOUBLE STAKE PLANT 'MTH DEEP ROOT B ... RRIER P ... NELS AS REQUIRED FLOWERING ACCENT TREE AT ENTRY DRIVE CEROOIUM 'DESERT MUSEUM', PALO VERDE 36" BOX SIZE. MUL fl.TRUNK. DOUBLE STAKE ~ PLAT ANUS X .... CERIFOUA'COLLI.' .. BIA', LONDON PLANE TREE ~\SGAL.S!ZE SHRUBS • PRoPOSED SHRUBS WILL BE SELECTED FRO.\I THE Fot.LO\'JING SYMBOL SHRUB NAME WUCOLS ® 0 WESTRINGI ... FRUTICOSA. COAST ROSEMARY SG ... L.SIZE 0 JUSTICIA SPICIGERA. ME>UCAN HONEYSUCKLE 50 ... l.SIZE 0 T ... GETES LEMMONrl, MOUNTAIN MARIGOLD 50 ... l.S!ZE 0 OOOON,.EA VISCOSA, HOPSEEO 8USt1 50 ... l.SIZE 0 0 CALLISTEMON 'LITTLE JOHN', DWARF BOTTLE BRUSH SGA.l.SIZE GROUND COVER AND SHRUB MASSES -GROUNDCOVERANDSHRue M,.SSESSHALLBE CHOSEN SYMBOL GROUND COVER/SHRUB MASS NAME WUCOLS LANT AN ... 'OOLO RUSH', LANT AN UOLO RUSH 1 GAL.sIzeo2,·o.c. SALVIA GREGGII, AUTUMN SAGE 1GAL.SIZE036"0.C MUHLENBERGIA RJGENS. DEER GRASS 5 GAL SIZE O o· O.C LONICERA J. 'HALUA.~A'. HALL'S HONEYSUCJ<LE IGAL.SIZE02'"0.C. SALVIA LEUCANTHA. MEXICAN BUSH SA.OE 5 G,.l. SIZE Q O" o.c EROSION CONTROL GROUND COVER AT SLOPES ROSM ... RINUS OFFICINALIS 'PROSIRATUS', PROSTRATE ROSEMARY 1 OAL.SIZE@30-0.C APPLY A 3" LAYER OF SHREDDED WOOD MULCH THROUGHOUT ALL PLANTING ARE ... s EXCEPT ROCK MULCH AREAS. MULCH SHALL BE FOREST FINES MULCH BY ,.GRISERVICE OR APPROVED EQUAL. SYMBOL QTY. WUCOLS FICUS REPENS, CREEPING FIG S U ... t. SIZE. TRAIN ON WALL OF TRASH ENCLOSURE APPLY A 3" LAYER OF CRUSHED OR ... VEL IN FRONT OF ELECTRICAL BOX ACCESS DOORS. INST ALL WEED FILTER FABRIC 'MOJ ... VE GOLD' AVAILABLE THROUGH l<RC ROCK OR APPROVED EOUAL. PROVIDE SAMPLES FOR REVIEW. D REFER lo SEPAAATE PLANTING PLANS FOR STREET FRONT ... GE \M ... STER ASSOCIATION) SCOTl PETERSON LANDSCAPE ARCHITECT, INC. 28UVI ... R ... 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WATCR OUAilTY CON1RQt. fJOl,/l O, SANTA ltWlCARITA WATCRSHCO, AS ADIIINISTUICD BY 1HC CIT>' ()f" TDIECUA 2) WATCR QU4LITY ANO JMJROMOOJl'ICATION "4NA GOl£NT BASN LOTS 5H41.l 0£ R£TAIN£0 BY TH£ h04. .J) WA TCR OUAllTI' ANO IM)ff(MIOOll1CA 7/0N BASIN IS AS rot.LOW.S: 8AS.W 2 PARCflS 11-14, 49-52 LOT 10 or PARCfl MAP 21.182 ~ I CONSTRUCTION NOTES (D CONSTRUCT .J" AC. 0~ 8" AB. PAY.WC (y CONSTRIJCT 7" THICK CCHCRaC OYDi' ~Tl,£ @ CONSTRIJCT 4" PCC CONC. POI ARCH. Pt.ANS © CONSTr.UCT COJi/lJCRC W.. mn· APPROACH P€1f cnr .Jill ~OTA @ CONSTRUCT 6" CUR8 ONLY PCR CITY STD. 204A @ CONS TRUC T 6" CURB ANO GV17CR PCR CITY STD. 200 (v CONS TRUC T IWIDiCAP ACCC'S S RAMP PCR ARC H PUN S @ CONS TTM:T HOPC STORM OIWH @ f:(I,"o/t~Jl/~~V:S!/»/i{ ~.:?r'k STORN OIWN ' @ CONSlRUCT I.ANDSCAff (JIWI W/ ATR/f.MI GRAT£ @ CONSTRUCT ~11,£ PAWIC' PCR ARCH Pl.ANS @ CONS1RUCT SIOR1,I DRAW CL£ANOVT (} CONSlRUCT .J' ltVl' R/880N WTTUf {!) 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PW-I S ANO CITY STD. #J 1 @ CONST7?1./CT PU8UC CtJ/lB tk CUTITTI PCR STMCT /UP. l't.ANS ANO CITY S TD . 20 1 PLANNING OIVISION: CITY OF TEMECULA BU/LOING20 2 ,,,. PARCEL MAPN0.21382PARCEL 11 PREPARED Bl':· DATE: ___ MS MOUNTAIN VIEW 2 S/£ITS .,_ .JOS H UA C BA RR ETT SECTIONS ¥.0.f. R.CE.NO.: 85665 EXP, 9-30-22 SITE LIGHTING STATISTICS IL IL I~:.: 1..1.··1· .• ···I NOTE: OUTDOOR LUMINAIRES SHOV\/N ON THIS PLAN ARE 3,000K FIXTURES FIXTURE LEGEND ® CONTRACTORS ENGINEERS Lo tN o.20 104 2 ..... ,.,, ,., .. ,., •.. , .. , I _ -·-··-·-·· .. ~·--· Ll O C111 , .... ,u Qll l ll ,CU 1"Z.,·-c c,,,c - ..... ,o ····-co,,c -._. -•,.-•-••~"•~•• .. ·•·•••-•• ,_,.,. ... ,...,.J111U a 11...u o- • .,• .. •->••OC11 i u:owr.,,,,•••v~•v.1t><NO\#"'' I 1-~,, I 608 W. EMPORIA ST. O N TAR IO . CA 91762 (909)983-17 94 : "- " ,., J1-, ... ~ ...... ~ .,,._,.._r..-•,..; _ f-._li__ ii j ~- --=~,;;- ·••••- -•_,~,-,,-•.._,•._,,_ I,-.,._,,....,.• ~ . '.':::~:;:. ..- --·~'!:;, .. ..,...: ........... -,,.:::,;:-~'.:::=---.:;-::-.::r _, - , ... _. ~ ..... ~ ............ ,~------ .. ·••-, .._,_._., ....... ·:...·- "':";;:;::.:~._....~ - - ,-.,"' ·-~---- • _ •• .. ,h ., ,.W .. ~ ._ __ ._ ..... _ ... _ _..,,.., CAL GREEN BUG TABLE 1.,':e:,~~=~=: 1mU1pprovedbyGrc1111 Elo clloc.Theu drlYM III 1r ethee,c1u .... poapet!yofG11•1111 Eloetnc.lt&acc cpt.t,n0<1 ::~r:.:~: ;::=.:I d!.:':.'~,c::.:~-;::~ retu~::t:ft~e=eol GOn\P'llin1<ated.d!Klo•ed orcopiB<le,ceptn ••P•H oly aulh ofln d,n v,.,.mgb~G1e1111E1<c11ic. PROJECT: MS MOUNTAIN VIFWPARK BUILDING 20 </t,<IA \IUI IO U ,I.V IUllOO Cl1Y O f lCU (C!J l,\,C A Sllce Medium . SLM octoocr LEO Area Light I N !u,n & S~1ta 1ki ~l (<.t~ll) ~.._.-- - i~~=-w=~•\••~ •: .,.. ,,,.,,.,...., __ .:::--,.':".="~--------= ~- ~-- _ I ..,,:,.~•..:.~· : '<¾ •MW-,.., ·- ~-c...--.-.•-··--- -~ .. -- .. -- . .... ,,._,__._._,..,._ .. ___ -n- .. 1• •·••••· •· • ,.,,_ ~ _ .. , ...... , .. _.. , .,_, .. _.,, ... ,_ ......... ~ - .... .,... ' ·-~ -,~ .. , ~ . ..,...., ·- . ..,.,.., ... _, .. --..,._..~ . .,. .., .,.,,., ........ , ..... _, .. __ .,._,_, ·--·- ........................... ___ --~. --- .. .... .. -···---. Ptrlom\MICt 1~1""':" _ _. .• . • l i"'".i t:f <I"'!"' I;,: 1,:-j ~I ~~l~llia;JJm+~; ~;-;t::i~-i:::1:~l::jSi TITLE· SITE KEY PLAN 20190 20ESL 1 PC RESOLUTION NO. 2022- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA21-1472, A DEVELOPMENT PLAN FOR THE CONSTRUCTION OF AN APPROXIMATELY 9,867 SQUARE FOOT INDUSTRIAL BUILDING LOCATED ON THE SOUTH SIDE OF AVENIDA ALVARADO, APPROXIMATELY 600 FEET EAST OF VIA INDUSTRIA (APN: 909-290-011), AND MAKING A FINDING OF EXEMPTION UNDER SECTION 15332 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On November 10, 2021, MS-Mountain View, LLC filed Planning Application No. PA21-1472 a Development Plan in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was initially scheduled for hearing on March 16, 2022 but was continued off-calendar to allow the applicant to consider some comments that were received from the public. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 4, 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. E. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA21-1472, subject to and based upon the findings set forth hereunder. F. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 industrial buildings are an allowable use within the Industrial Park designation. 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 0.97 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as 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 use is allowed within the Light Industrial 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 is an allowed use 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. PA21-1472, a Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria, and makes a finding of exemption under 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 4th day of May, 2022. Gary Watts, 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 4th day of May, 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 -1472 Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria Assessor's Parcel No.: 909-290-011 Industrial MSHCP Category: Business Park/Industrial DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: Industrial/Business Park N/A (No n-Residential) May 4, 2022 May 4, 2025 New Street In-lieu of Fee: N/A (Project not located in Uptown Temecula Specific Plan area) PLANNING DIVISION Within 48 Hours of the Approval Applicant Filing Notice of Exemption. APPLICANT ACTION REQUIRED: The applicant/developer is responsible for filing the Notice of Exemption as required under Public Resources Code Section 21152 and California Code of Regulations Section 15062 within 48 hours of the project approval. If within said 48-hour period the applicant/ developer has not filed the Notice of Exemption as required above, the approval for the project granted shall be void due to failure of this condition. Failure to submit the Notice of Exemption will result in an extended period of time for legal challenges. FEES: Fees for the Notice of Exemption include the Fifty Dollar County ($50.00) administrative fee. The County of Riverside charges additional fees for credit card transactions. FILING: The City shall provide the applicant with a Notice of Exemption within 24 hours of approval via email. If the applicant/developer has not received the Notice of Exemption within 24 hours of approval, they shall contact the case Planner immediately. All CEQA documents must be filed online with the Riverside County Assessor – County Clerk- Recorder. A direct link to the CEQA filings page is available at TemeculaCA.gov/CEQA. COPY OF FILINGS: The applicant shall provide the City with a digital copy of the required filings within 48 hours. 1. General Requirements Indemnification of the City. Indemnity, Duty to Defend and Obligation to Pay Judgments and Defense Costs, Including Attorneys’ Fees, Incurred by the City. The Applicant shall defend, indemnify, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”) from and against any claims, damages, actions, causes of actions, lawsuits, suits, proceedings, losses, judgments, costs, and expenses (including, without limitation, attorneys’ fees or court costs) in any manner arising out of or incident to the Planning Commission’s actions, this approval and the City Council’s actions, related entitlements, or the City’s environmental review thereof. The Applicant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding. The City shall promptly notify the Applicant of any claim, action, or proceeding and the City shall reasonably cooperate in the defense. If the City fails to promptly notify the Applicant of any claim, action, or proceeding, or if the City fails to reasonably cooperate in the defense, the Applicant shall not thereafter be responsible to defend, indemnify, or hold harmless the City or the Indemnitees. The City shall have the right to select counsel of its choice. The Applicant shall reimburse the City, and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Nothing in this condition shall be construed to require the Applicant to indemnify Indemnitees for any claim arising from the sole negligence or willful misconduct of the Indemnitees. In the event such a legal action is filed challenging the City’s determinations herein or the issuance of the approval, the City shall estimate its expenses for the litigation. The Applicant shall deposit said amount with the City or, at the discretion of the City, enter into an agreement with the City to pay such expenses as they become due. 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. 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. Signage Permits. A separate building permit shall be required for all signage. 6. 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. 7. 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. 8. 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 Main Body Paint Moderate White (SW6140) Accent Paint World Gray (SW7043) Accent Color Loyal Blue Accent Color Connected Gray (SW6165) Window Glazing Vistacool Pacifica Storefront Clear Anodized Aluminum 9. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 10. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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.” 19. 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. 20. 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.” 21. 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.” 22. Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading Plan: “A Pech anga Tri bal 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." 23. 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.” 24. 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.” 25. 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. 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. 26. 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. 27. 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 Te mecula 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 28. Downspouts. All downspouts shall be internalized. 29. 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. 30. 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. 31. 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. 32. 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.” 33. 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. 34. 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. 35. 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. 36. 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. 37. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 38. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape) to match the style of the building subject to the approval of the Director of Community Development. 39. 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. 40. 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. 41. 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 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. 42. 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. 43. 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. 44. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 45. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. 46. Outside Agencies Compliance with Geotechnical. The applicant shall comply with the recommendations set forth in the Geocon West Inc. transmittals dated February 5, 2020, a copy of which is attached. 47. 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. 48. 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. 49. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 50. 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. 51. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required and shall be obtained from Public Works for public offsite improvements. 52. Street Improvement Plans. The developer shall submit public street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 53. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained within the street right-of-way for the 100-year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 54. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 55. 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. 56. 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 57. 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. 58. 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 59. 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. 60. 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. 61. 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. 62. 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. 63. Geological Report. The developer shall complete any outstanding County geologist’s requirements, recommendations and/or proposed Conditions of Approval as identified during entitlement. 64. 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. 65. 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. 66. 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. 67. American Disability Act. The developer shall ensure that all frontage areas to the proposed development within the public right of way are ADA co mpliant. 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. 68. 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. 69. 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. 70. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 71. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s Paving Notes. 72. Prior to Issuance of Building Permit(s) Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public improvements, as outlined below, in accordance to the City’s General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans’ standards to join existing street improvements. a. Avenida Alvarado (Collector (2 lanes undivided) Standard No. 103A – 78’ R/W) to include installation of curb and gutter, sidewalk, drainage facilities and utilities (including but not limited to water and sewer). 73. 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). 74. Prior to Issuance of a Certificate of Occupancy 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. 75. 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. 76. 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. 77. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 78. 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. 79. 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. 80. ADA A ccess. 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. f. Any future secondary exits that are added will be required to connect to an accessible route as required the California Building Code. 81. 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. 82. 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. 83. 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. 84. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 85. 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. 86. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 87. 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. 88. 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. 89. 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 and multi-family 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). 90. 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. 91. 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 4,000 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). 92. 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). 93. Turning Radius. Minimum turning radius on any cul-de-sac shall be 45 feet for commercial projects (CFC Chapter 5 along with Temecula Municipal Code 15.16.020). 94. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Te mecula Municipal Code Section 15.16.020). 95. 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). 96. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and Temecula Municipal Code Section 15.16.020). 97. 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). 98. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 99. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. 100. Prior to Issuance of Certificate of Occupancy Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel (CFC Chapter 5). 101. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (Temecula Municipal Code Section 15.16.020). 102. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 103. 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). 104. High Piled Stock. Speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions of California Fire Code Chapter 32 and all applicable National Fire Protection Association Standards (CFC Chapter 32 and Temecula Municipal Code Section 15.16.020). 105. 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. 106. 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. 107. Berm Height. Berms shall not exceed three feet in height. 108. 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. 109. 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. 110. 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. 111. 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. 112. 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. 113. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 114. 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. 115. 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. 116. Roof Hatches. All roof hatches shall be painted “International Orange.” 117. 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. 118. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well-lit, highly visible area, and installed with a “call-out only” feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 119. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 120. 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. 121. 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. 122. 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. 123. 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. 124. Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Simon Saiid, GE Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Addendum Report #1 – Response to Peer Review Comments, MS Mountain View Park (21 Commercial Parcels/Lots) Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc. on January 28, 2020. 2) Preliminary Geotechnical Exploration, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 20, 2019. Dear Mr. Saiid: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Preliminary Geotechnical Report and subsequent Addendum Report #1 prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our geotechnical opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced documents. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, California Geological Survey Special Publication 117A, Guidelines for Evaluating and Mitigating Seismic Hazards in California dated 2008, and City of Temecula Improvement Standard Drawings. CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Preliminary Geotechnical Exploration and the Addendum Report #1 adequately address the project design as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Geocon Project No. T2652-22-13 - 2 - February 5, 2020 Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 Joseph J. Vettel GE 2401 LAB:JVJ:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper Project No. 07878-52-01 August 1, 2007 Project No. T2652-22-13 February 5, 2020 Leighton Consulting, Inc. 41715 Enterprise Circle North, Suite 103 Temecula, California 92590-5661 Attention: Mr. Mitchel Bornyasz, CEG Subject: GEOTECHNICAL THIRD-PARTY REVIEW (LR19-1703) PROPOSED MS MOUNTAIN VIEW PARK AVENIDA ALVARADO, TEMECULA, CALIFORNIA References: 1) Response to Peer Review Comments – Fault Hazard Evaluation MS Mountain View Park (21 Commercial Parcels/Lots), Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., on January 28, 2020. 2) Fault Hazard Evaluation, MS Mountain View Park, Avenida Alvarado, Temecula, California, prepared by Leighton Consulting, Inc., Project 12582.001, dated December 17, 2019. Dear Mr. Bornyasz: In accordance with the request of Mr. Scott Cooper with the City of Temecula, Geocon West, Inc. (Geocon) has completed a third-party review of the Fault Hazard Evaluation and the Response to Peer Review Comments prepared by Leighton Consulting, Inc. (Leighton). The purpose of the review is to present our opinion regarding the suitability of the study, conclusions, and recommendations provided within the referenced document. Geocon’s review is based on the County of Riverside Technical Guidelines for the Review of Geotechnical and Geologic Reports 2000 Edition, and California Geological Survey Special Publication 42, Earthquake Fault Zones A Guide for Government Agencies, Property Owners/Developers, and Geoscience Practitioners for Assessing Fault Rupture Hazards in California dated 2018. Geocon Project No. T2652-22-13 - 2 - February 5, 2020 CONCLUSIONS Based on our review of the referenced documents, it is our opinion that the Fault Hazard Evaluation and Response to Review Comments by Leighton adequately address the fault hazard with respect to the project as presented. Additional information is not required, at this time, to conform to Riverside County Technical Guidelines for Review of Geotechnical and Geologic Reports (2000 Edition). Should you have any questions regarding this letter, or if we may be of further service, please contact the undersigned at your convenience. Very truly yours, GEOCON WEST, INC. Lisa A. Battiato CEG 2316 LAB:hd Distribution: City of Temecula Planning Department, Attn: Scott Cooper VIA-ELECTRONIC SUBMITTAL CEQAProcessing@asrclkrec.com May 5, 2022 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. PA21-1472, a Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado, approximately 600 feet east of Via Industria Dear Sir/Madam: Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) ) the Applicant will pay 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 payment of the $50.00 filing fee is 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 email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below. If you have any questions regarding this matter, please contact Scott Cooper at (951) 506 -5137 or at email scott.cooper@TemeculaCA.gov . Sincerely, Luke Watson Deputy City Manager Attachments: Notice of Exemption Form Electronic Payment - Filing Fee Receipt [ T y p e a q u o t e f r o m t h e d o c u m e n t o r t h e s u m m a r y o f a n i n t City of Temecula Community Development 41000 Main Street • Temecula, CA 92590 Phone (951) 694-6400 • Fax (951) 694-6477 • TemeculaCA.gov 1 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: MS-Mountain View Building 20 (PA21-1472) Description of Project: A Development Plan for the construction of an approximately 9,867 square foot industrial building Project Location: APN: 909-290-011 Applicant/Proponent: City of Temecula, County of Riverside The Planning Commission approved the above described project on May 4, 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 industrial buildings are an allowable use within the Industrial Park designation. 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 0.97 acres in size. The proposed project is substantially surrounded by industrial development, vacant land zoned for industrial development, and major roadways. 2 (c) The project site has no value as habitat for endangered, rare or threatened species. The project site is not located within a Multi Species Habitation Conservation Strategy (MSHCP) criteria cell and therefore is not required by the Regional Conservation Authority and State and Federal agencies to take place in the Joint Project Review process. Therefore, the project site has no value as habi tat 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 use is allowed within the Light Industrial 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 is an allowed use 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: PA21-1472 APPLICANT: MS-Mountain View, LLC PROPOSAL: Development Plan for the construction of an approximately 9,867 square foot industrial building located on the south side of Avenida Alvarado approximately 600 feet east of Via Industria (APN: 909-290-011) 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: May 4, 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 Civi l 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. 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and Members of the Planning Commission FROM: Luke Watson, Deputy City Manager DATE OF MEETING: May 4, 2022 PREPARED BY: Mark Collins, Assistant Planner PROJECT SUMMARY: 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 repealing and replacing Title 6 of the Temecula Municipal Code regarding the keeping, maintenance, and possession of dogs, cats, fowl, and other animals and providing for the control, licensing, and welfare thereof, modifying Title 17 of the Temecula Municipal Code regarding animal keeping and making a finding that this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061 (b)(3) (Long Range Project No. LR21-0130)” RECOMMENDATION: Adopt a Planning Commission Resolution recommending that the City Council adopt the proposed Ordinance. CEQA: Categorically Exempt Section 15061 (b)(3) BACKGROUND SUMMARY The City of Temecula City Council adopted the Municipal Code in January 1990. Since its adoption, the City Council has periodically made amendments to various sections of the Code to improve its clarity, make corrections and to make necessary additions. The proposed amendments to the Temecula Municipal Code include amendments to Title 6 and Title 17. Pursuant to Government Code Section 65800, the Planning Commission is required to review and make recommendations to the City Council regarding zoning regulations and amendments to Title 17 Zoning (Development Code) of the Temecula Municipal Code. As such, this staff report predominately addresses proposed amendments to Title 17 of the Temecula Municipal Code but includes the proposed amendments to Title 6 (Animals) to illustrate the complete scope of the 2 proposed Ordinance. The Planning Commission is not being asked to provide recommendations on the Title 6 amendments. The City has contracted with Animal Friends of the Valleys, Inc., a non-profit organization, since 1995 for animal control services provided within Temecula City Limits. In 2004, the Council approved Temecula’s participation in a Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA) with other member agencies for the construction of an animal shelter and subsequent shelter services (that now include the member cities of Temecula, Murrieta, Menifee, Lake Elsinore, Canyon Lake, and Wildomar). The SCFA contracts with Animal Friends of the Valleys, Inc. for animal shelter operations where citizens can adopt and license pets. The agreement with Animal Friends of the Valleys, Inc. for animal control services provides to the City a complete program which includes, but is not limited to: Animal Control Officers who conduct field and other services; sheltering of lost or abandoned dogs and cats; impounding of stray animals; quarantine of rabid animals; removal of deceased animals from the public right-of- way; dog licensing; vaccination clinics; animal complaint, investigation and resolution; and emergency response to the City of Temecula Code Enforcement Department, Fire Department and law enforcement agencies as required. Staff, in cooperation with Animal Friends of the Valleys, has been working to prepare needed updates to the Temecula Municipal Code Title 6 and Title 17. The amendments are summarized below. Amendments to Title 6 (Animals) include: 1. Predominantly a reorganization of Title 6 Animals. 2. Consolidate animal keeping standards and land uses in table form. 3. Update language to reflect current operations, advances in the field of animal control and best management practices. 4. The largest policy change is the inclusion of a mandatory spay/neuter and microchip provision for cats and dogs within the City in accordance with SB 573 (exceptions provided). Amendments to Title 17 (Zoning) include: 1. Amending Table 17.06.030, pertaining to residential districts, to provide that:  Noncommercial Kennel and Noncommercial Cattery are prohibited uses in all residential zones.  Commercial Kennels, Commercial Catteries or cat/dog training center are prohibited uses in all residential zones; kennels and catteries are currently identified as conditionally permitted in the HR, RR, and VL zones.  Animal Keeping, Apiaries or Beekeeping, and Outdoor aviary are prohibited uses in the HR and HR-SM zones and permitted in all other residential zones. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form. 3  Poultry is a prohibited use in the HR, H, and HR-SM zones and permitted in all other residential zones. Section 17.10.020 currently provides that poultry is permitted in all residential zones except for HR and HR-SM so this is a change.  Small animals (burros, pigs, ponies and sheep) are a prohibited use in the HR, LM and HR-SM zones and permitted in all other residential zones. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form. 2. Amending Table 17.08.030, pertaining to commercial/office/industrial districts, to provide that:  Animal keeping, noncommercial cattery, and noncommercial kennels are a prohibited use in all commercial/office/industrial districts.  Commercial Kennels, Commercial Kennels, or cat/dog training centers are conditionally permitted uses in the CC, HT, SC, BI and LI zones, and prohibited in all other commercial/office/industrial districts.  Animals - large (cattle, horses and mules), Animals - small (burros, goats, pigs, ponies and sheep), and Aviary (outdoor), Apiaries or Beekeeping, and Poultry are permitted uses in all commercial/office/industrial districts. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form.  Animal shelters are conditionally permitted uses in the CC, HT, SC, BP, and LI zones and prohibited in all other commercial/office/industrial districts. Currently animal shelters are permitted uses in the CC, HT, SC, BP, and LI zones. 3. Amending Section 17.34.010 to add a definitions for Animal Keeping, Commercial Cattery, Commercial Kennel, Noncommercial Cattery and Noncommercial Kennel. 4. Section 17.10.020(A)(1)(b), (c), and (d) and Section 17.10.020(A)(2)(b), (c), (d), (e), (f), and (g) are relocated to Table 6.08.010 (Animal Keeping Standards). In addition, Section 17.10.020(A) is revised to provide that the standards for the keeping of animals and animal related land uses are located in Municipal Code Table 6.08.010 (Animal Keeping Standards) TMC Title 6 Animals. The proposed amendments to Title 6 will be considered by the City Council. The proposed amendments to Title 6 are included in the attached draft Ordinance for the Planning Commission’s review and are listed in the staff report to illustrate the totality of the proposed Animal Ordinance. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in The Press-Enterprise April 21, 2022. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed City Council Ordinance No. 2022-__ is exempt from the requirements of the California Environmental 4 Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, changes required by state law, or revisions that reflect the City’s standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. A Notice of Exemption has been prepared and will be filed in accordance with CEQA and the State CEQA Guidelines if the ordinance is adopted. ATTACHMENTS: 1. Planning Commission Resolution 2. Exhibit A – Draft City Council Ordinance 3. Notice of Public Hearing PC RESOLUTION NO. 2022-XX 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 REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21-0130)” Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make revisions and clarifications to portions of Title 6 (Animals) and Title 17 (Zoning) of the Temecula Municipal Code. B. The Planning Commission, at a regularly scheduled meeting, considered the proposed amendments to Title 17 (Zoning) of the Temecula Municipal Code on May 4, 2022, at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. C. The proposed amendments to Title 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the proposed Ordinance attached hereto as Exhibit “A”. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed amendments to Title 17 of the Temecula Municipal Code relocate the animal keeping standards from TMC Section 17.10.020 (Supplemental Development Standards) to Table 6.08.010. In addition, the proposed amendments to Title 17 provide that commercial kennels, commercial catteries, or cat/dog training center are prohibited uses in all residential zones. Kennels and catteries are currently identified as conditionally permitted in the HR, RR, and VL zones. Additionally, the proposed amendment provide that poultry is a prohibited use in the HR, H, and HR-SM zones and permitted in all other residential zones. Section 17.10.020 currently provides that poultry is permitted in all residential zones except for HR and HR-SM. Finally, the proposed amendments to Title 17 provide that animal shelters are conditionally permitted uses in the CC, HT, SC, BP, and LI zones and prohibited in all other commercial/office/industrial districts. Currently animal shelters are permitted uses in the CC, HT, SC, BP, and LI zones. The above referenced amendments are consistent with the Temecula General Plan. All other proposed amendments to Title 17 are minor clarifications and do not propose any land use changes contrary to the adopted General Plan. Amendments to Title 6 propose new animal regulations but are outside of the Planning Commissions purview and will be reviewed by City Council at a future date. 2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan. The proposed changes to animal keeping are consistent with Goal 3 of the Public Safety element of the Temecula General Plan, which is to ensure “A safe and secure community free from the threat of personal injury and loss of property.” The changes proposed would provide for a full suite of animal control services by the City’s contracted provider, currently Animal Friends of the Valleys, Inc. Additionally, the proposed changes to animal keeping are consistent with Goal 4 of the Public Safety element of the Temecula General plan, which is to ensure “An effective response of emergency services following a disaster.” The amendments proposed clarify animal control services required scope of assistance to other emergency services. The remaining proposed amendments to the Temecula Municipal Code Title 17 are minor clarifications and typographical edits and do not result in a contrary policy direction or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan. 3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein. The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Moreover, the animal keeping standards set forth in Title 6 will provide for the control, licensing and welfare of animals that are permitted or conditionally permitted pursuant to the Title 17 amendments. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2022- is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City’s standard practice and patterns, and clarifications which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance. Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR 21-0130, a proposed Citywide Ordinance amending Title 17 (Zoning) and Title 6 (Animals) as set forth on Exhibit “A”, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of May 2022. Gary Watts, Chairman 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 4th day of May 2022, by the following vote: AYES: 0 PLANNING COMMISSIONERS: NOES: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: Luke Watson Secretary 1 ORDINANCE NO. 2022- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING AND REPLACING TITLE 6 OF THE TEMECULA MUNICIPAL CODE REGARDING THE KEEPING, MAINTENANCE, AND POSSESSION OF DOGS, CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR THE CONTROL, LICENSING, AND WELFARE THEREOF, MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL CODE REGARDING ANIMAL KEEPING AND MAKING A FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG RANGE PROJECT NO. LR21-0130) WHEREAS, the City of Temecula (“City”) last comprehensively updated the Temecula Municipal Code to regulate the keeping, maintenance, or possession of dogs, cats, fowl, or other animals in 1995; and WHEREAS, the adoption of this City ordinance regulating the keeping, maintenance, and possession of dogs, cats, fowl, and other animals within the City shall bring the Temecula Municipal Code into compliance with State Law; and WHEREAS, the adoption of the ordinance shall alleviate nuisances related to the keeping of dogs, cats, fowl, and other animals in the City; and WHEREAS, the adoption of this ordinance shall provide the City with increased abilities to regulate and enforce laws; and WHEREAS, the adoption of this ordinance shall alleviate costs incurred by the City related to the enforcement of laws, animal sanitation, and animal healthcare services. NOW, THEREFORE, the City Council of the City of Temecula, California does ordain as follows: Section 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein. Section 2. The City Council hereby repeals Title 6 of the Temecula Municipal Code in its entirety and replaces it with a new Title 6 (Animals) that is fully detailed in Exhibit A and which is incorporated herein by this reference. Section 3. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use Regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula 2 Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.06.030 remaining unchanged. Table 17.06.030 Residential Districts Description of Use HR RR VL L- 1 L- 2 LM M H HR- SM Nonresidential Agriculture/open space uses6 P P P P P P P P C Religious institutions C C C C C C C C C Public utility facilities C C C C C C C C C Educational institutions C C C C C C C C C Libraries C C C8 C C C C C - Commercial marijuana activity - - - - - - - - - Marijuana cultivation10 - - - - - - - - - Medical marijuana dispensaries - - - - - - - - - Museums and art galleries (not for profit) C C C8 C C C C C - Commercial Kennels, and Commercial Catteries, or cat/dog training center612 -C -C -C - - - - - - Noncommercial Kennel - - - - - - - - - Noncommercial Cattery - - - - - - - - - Noncommercial keeping of Large animals (horses, cattle, and mules)612 sheep and goats -P P P P P - - - -P Small animals (burros, pigs, ponies and sheep) - P P P P - P P - Temporary real estate tract offices P P P P P P P P P Recreational vehicle storage yard3 - C C8 C C C C C - Parking for commercial uses - - - - - - P P - Nonprofit clubs and lodge halls - - - - - - P P - Convalescent facilities - - - - - - P P - Golf courses C C C8 C C C C C - Home occupations P P P P P P P P P Construction trailers5 6 P P P P P P P P P Short term rentals - - - - - - - - - 3 Table 17.06.030 Residential Districts Description of Use HR RR VL L- 1 L- 2 LM M H HR- SM Animal Keeping12 - P P P P P P P - Apiaries or Beekeeping12 - P P P P P P P - Poultry - P P P P P P - - Outdoor aviary - P P P P P P P - Footnote 12: Subject to the supplemental development standards contained in Chapter 6.04 of this code. Section 4. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions remaining unchanged. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Adult businesses—subject to Chapter 17.09 of the Temecula Municipal Code - C C C - - - Aerobics/dance/gymnastics/jazzercise/martial arts studios (greater than 5,000 sq. ft.) - P P P - C - Aerobics/dance/gymnastics/jazzercise/martial arts studios (less than 5,000 sq. ft.) C P P P C C - Airports - - - - - C C Alcoholism or drug treatment facilities - C C C C - - Alcoholic beverage manufacturing1 - - - C - P P Alcoholic beverage manufacturing with live entertainment1 - - - C - C C Alcoholic beverage sales See Section 17.10.020, Supplemental development standards. Ambulance services - - P P - P P Animal hospital/shelter - P P P - P P Animal keeping - - - - - - - 4 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Animals - large (cattle, horses and mules)9 P P10 P P P10 P P Animals - small (burros, goats, pigs, ponies and sheep)9 P P10 P P P10 P P Animal shelter9 - C C C - C C Aviary (outdoor)9 P P10 P P P10 P P Antique restoration - C C C - C P Antique sales P P P P - - - Apiaries or beekeeping9 P P10 P P P10 P P Apparel and accessory shops P P P P - - - Appliance sales and repairs (household and small appliances) P P - P - C C Arcades (pinball and video games)1 - C C C - - - Art supply stores P P P P - - - Auction houses - - C P - C C Auditoriums and conference facilities - C C C C C C Automobile oil change/lube services with no major repairs - C P P - - P Automobile painting and body shop - - - C - - P Automotive parts - sales P P P P - - P Automobile rental - C C P - - P Automobile repair services - C C P - - P Automobile sales (wholesale or autobroker only) with no outdoor/storage of vehicles - C C P - C C Automobile sales with only indoor display/storage of vehicles - C C P - C C Automobile sales with only outdoor display/storage of vehicles1 - - - C - - C Automobile salvage yards/impound yards - - - - - - C Automobile service stations with or without an automated car wash1 - P P P C C P Automobile service stations selling beer and/or wine - with or without an automated car wash1 - C1 C1 C1 C1 C1 C1 5 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels1 (Commercial Kennels) and Commercial Cattery, and Dog/Cat Training Center9 - C - C - C C N Nightclubs/dance club/teenclub/comedy club - C C C - - - Noncommercial cattery - - - - - - - Noncommercial kennel - - - - - - - Nurseries (retail) - C C P - - P Nursing homes/convalescent homes C C C C C - - P Paint and wallpaper stores - P P P - - - Parcel delivery services P P P P P P P Parking lots and parking structures - C C C C P P Pawnshop - P P P - - - Personal service shops P P P P P P - Pest control services - C - C - P P Pet grooming/pet shop P P P P - P P Photographic studio P P P P P P - Plumbing supply yard (enclosed or unenclosed) - - - C - P P Postal distribution - - - - - - P Postal services P P P P P P - Poultry9 P P10 P P P10 P P Printing and publishing (newspapers, periodicals, books, etc.) - C - P C P P Private heliport1 - - - - C C C Private heliport or hospital1 - C C C C C C Private utility facilities (regulated by the Public Utilities Commission) P P P P P P P Footnote 9: Subject to the supplemental development standards contained in Chapter 6.04 of this code. 6 Footnote 10: These uses are prohibited within any multifamily residential use within these zones. Section 5. Subsection A (Agricultural Uses) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: “A. Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. Raising, grazing, breeding, boarding or training of Large Animals (cattle, horses and mules), Small Animals (burros, goats, pigs, ponies, and sheep), except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6. c. Apiaries or beekeeping, outdoor aviary, and poultry. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6. 2. Conditional Use Permit Required. The following agricultural uses are permitted with a conditional use permit, except in the open space/conservation zone. a. Wholesale distributor and processor of nursery-plant stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display are prohibited except for nursery-plant stock. b. Animal keeping. Requirements and standards for Conditional Use Permits relating to animal keeping is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6.” Section 6. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition for “Animal Keeping”, “Commercial cattery”, “Commercial kennel”, “Noncommercial kennel”, and “Noncommercial cattery” to read as follows, with all other provisions of Section 17.34.010 remaining unchanged: “Animal Keeping” means uses such as frog farms; worm farms; the keeping and raising of more than four chinchillas, nutria, hamsters, guinea pigs, cavy, rabbits and similar small animals; and the keeping and raising of exotic animals, including the keeping of exotic animals as pets. “Commercial cattery” means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. 7 “Commercial kennel” means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. “Noncommercial cattery” means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. “Noncommercial kennel” means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. Section 7. Conflicting City Ordinances Superseded as to Animal Law Ordinance. If any section of the City of Temecula Municipal and/or Zoning Codes conflicts with any provision of this Animal Law Ordinance that section of the City of Temecula Municipal and/or Zoning Codes are superseded. Section 8. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption. Section 9. California Environmental Quality Act (CEQA) Exemption. Pursuant to Section 15061, subdivision (b)(3) of Title 14 of the California Code of Regulations, the Ordinance is exempt from CEQA, because the “activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Section 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Animal Law Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Animal Law Ordinance. The City Council hereby declares that it would have adopted this Animal Law Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. Section 11. City Clerk Action. The City Clerk is authorized and directed to cause this Animal Law Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933, subdivision (a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933, subdivision (c). 8 This Ordinance was introduced and read on the _____ day of ____________, 2022 and PASSED and APPROVED this _____ day of ____________, 2022, by the following vote: Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk 9 EXHIBIT A TITLE 6: ANIMALS Chapters: 6.04 Animals and Animal Control Officers 6.06 Mandatory Spaying, Neutering and Microchipping 6.08 Animal Keeping Standards 6.12 Animals Running at Large CHAPTER 6.04: ANIMALS AND ANIMAL CONTROL OFFICERS Sections: 6.04.010 Definitions. 6.04.020 Animal control fees. 6.04.030 Dog licensing. 6.04.040 Vaccination requirements. 6.04.050 License information – Tags. 6.04.060 Kennel and catteries. 6.04.070 Kennel or cattery permit/license – Application and issuance conditions. 6.04.080 Record of dogs and cats sold. 6.04.090 Kennel, cattery and pet shop inspections. 6.04.100 Sale or adoption of cats or dogs. 6.04.110 Sterilization of adopted animals. 6.04.120 Nonprofit corporations. 6.04.130 Duties of Animal Control Officer. 6.04.140 Animal Control Officers – Enforcement duties – Entry upon private property. 6.04.150 Dog and cat impoundment regulations. 6.04.160 Unlawful acts designated. 6.04.170 Transporting animals. 6.04.180 Animals unattended in a motor vehicle. 6.04.190 Use of streets, sidewalks, and public places. 6.04.200 Traps and cages. 6.04.210 Crimes against animals. 6.04.220 Animal sanitation. 6.04.230 Female dogs and cats in heat (estrus). 6.04.240 Isolation of animals – Rabies precaution. 6.04.250 Noisy animals. 6.04.260 Vicious or unsafe dogs. 6.04.270 Exotic animals. 6.04.280 Violation – Penalty. 6.04.290 Constitutionality – Separability. 10 SECTION 6.04.010: Definitions. Whenever in this chapter the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended: A. “Adequate shelter” means an area that has adequate space for the size animal being kept, and that area shall contain a shelter that would humanely house said animal from the elements. B. “Animal Control Agency” or “Animal control” shall mean the City or its designee, which may specifically include the City’s contractor of animal services. C. “Animal control director” or “Director” means the Executive Director or similar executive officer of the Animal Control Agency or their designee. D. “Animal control officer” means any person duly appointed to carry out the provisions of this chapter by the City or the City’s contracted Animal Control Agency. E. “Animal Hospital” shall mean a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care. F. “Animal Shelter” shall mean the facility or facilities operated by the City or its authorized contract provider of animal services for the purpose of impounding or caring for animals under the authority of this code or state law. G. “At large” means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality. H. “City” shall mean the City of Temecula. I. “Commercial cattery” means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. J. “Commercial kennel” means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. 11 K. “Crowing fowl” means a male chicken, peafowl, rooster, guinea fowl or other male domestic fowl. L. “Dog or cat owner” means the registered owner, licensed owner, or any person harboring, pet sitting, caretaking, having custody of, or being in charge of the dog or cat. M. “Domesticated animal” means any animal that is tractable or tame by nature, generally accustomed to living among humans, and commonly kept as pets or as livestock. N. “Electrified fence” means an accepted and approved form of fencing providing an electrified perimeter within, and attached to a board, chain link, or black wall fence. Habitual runaways or “at large” offenders can be mandated to install this device per the Animal Control Agency. O. “Estrus” sometimes referred to as “in heat” means a regularly recurrent state of sexual receptivity during which the female of most mammals will accept the male and is capable of conceiving. P. “Euthanize” means the act of killing or permitting the death of a terminally ill or hopelessly injured animal by using a humane, painless method for reasons of mercy. Q. “Exotic animal” means a non-native animal and/or animal of a non-domesticated order or family, and any hybrid of an exotic animal that is permitted by federal and state law for keeping as a pet, unless otherwise restricted by this title. Permitted exotic animals include those species commercially available at retail pet stores in the state such as: non-venomous snakes, non-poisonous small reptiles, non-poisonous amphibians, tortoises, ferrets, exotic birds, hedgehogs, and non-poisonous insects. Any venomous or otherwise dangerous reptile, arachnid, mammal or carnivorous wild animal is hereby excluded from this definition. R. “Fowl” means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or other domestic fowl of any sex. S. “Impounded” means an animal having been received into the custody of the Animal Control Officer authorized under the provisions of this chapter. T. “License inspections” means door-to-door canvassing by an Animal Control Officer for the purpose of determining whether dogs or cats have been vaccinated and are properly licensed. U. “Noisy animal” means any animal or animals maintained on the same premises or location whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area. 12 V. “Noncommercial cattery” means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. W. “Noncommercial kennel” means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age. X. “Owner” means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period greater than thirty (30) days. Y. “Person” means any individual, firm, partnership, joint venture, corporation, association, club or organization. Z. “Pet shop” means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to retail outlets. AA. “Potentially dangerous or vicious confinement” means any confinement of dog or other animal deemed potentially dangerous or vicious by the Animal Control Agency and which may be required to be contained in a chain link kennel of 11- or nine-gauge wire, with the dimensions: minimum 12 feet by six feet high, to be entirely enclosed with an attached chain link top, to include an end protective area from the weather no less than four feet on top and four feet on either side, to be constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog pulling chain link out of concrete. BB. “Potentially dangerous or vicious animal” means any animal which has bitten a person or animal without provocation, or which has a disposition or propensity to attack or bite any person or animal. CC. “Public places” means and shall include, without limitation, streets, highways, fronts of places of business, carnivals, flea markets, swap meets and sidewalks. DD. “Sentry dog” means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility. EE. “Service animal” means any dog, and in some cases described below, a miniature horse, being reared, trained, or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained, or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work 13 or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. Miniature horses may be considered “service dogs” if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations. FF. “Unlicensed dog” means any dog four months of age or older, for which no valid license is currently in force within the incorporated area. GG. “Vaccination” means an inoculation against rabies of any dog or cat four months of age or older of any vaccine prescribed for that purpose by the California Department of Health Services. HH. “Wild animal” means any animal which is not commonly a domesticated animal or normally kept as a household pet, listed as protected by federal or state law, or which may be perceived as wild or predatory in nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, or property if not kept, maintained, or confined in safe and secure manner. SECTION 6.04.020: Animal control fees. Fees, penalties, and charges related to animal control shall be established by resolution of the City Council, which may be amended from time to time. SECTION 6.04.030: Dog licensing. A. It is unlawful for any person to own, harbor or keep any dog four months of age or older within the City for a period longer than thirty (30) days, unless there is attached to such dog a valid license tag obtained from the Animal Control Agency. B. A license will be issued for each dog upon, proof of vaccination provided, and payment of a license fee established pursuant to Municipal Code Section 6.04.020. Said license shall be valid for a period of one (1), two (2), or three (3) years. The license issued shall be linked to the animal’s vaccine expiration and shall be renewed within thirty (30) days after such period terminates. In no case shall a license be issued for any period of time for which no documented vaccine is provided. C. If an application for a license is made more than thirty (30) days after the date such license is required, the applicant shall pay a penalty established pursuant to Municipal Code 14 Section 6.04.020. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Animal Control Agency upon submission of proof of loss and payment of the fee established pursuant to Municipal Code Section 6.04.020. D. Any dog owned by a person moving into Temecula that has a current dog license issued by a city or county within the State of California will be honored for a maximum of one (1) year or until the dog’s rabies vaccination has expired, whichever occurs first. A Temecula dog license shall be applied for prior to expiration of the non-Temecula dog license or rabies vaccine expiration, whichever occurs first. E. No fee shall be required for a license for any service animal. SECTION 6.04.040: Vaccination requirements. A. The Animal Control Agency (or their designee) shall be provided the following prior to issuance of a dog license: i. A completed dog license application. ii. The fee for the dog license as set by City Council Resolution, which may be amended from time to time. iii. A certificate of vaccination signed by a California licensed veterinarian that includes: 1. Name of dog 2. Breed, age, weight of dog and physical description. 3. Date of rabies vaccination administered, manufacturer, and expiration. 4. Name and address of dog owner(s). 5. Address where dog is to be kept, if different than above. B. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in the form required by the Director. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog, and shall send one copy to the Animal Control Agency. The owner shall retain his or her copy of the certificate in a safe place for so long as he or she shall continue to own the dog or until such time as the dog is vaccinated again, at which time the new certificate shall be retained as above indicated. SECTION 6.04.050: License information – Tags. A. Every license issued shall clearly state: i. The name and residential address of the person who is being issued the license; ii. The amount paid for the license; iii. The date when the license was issued; iv. The date when the license will expire; v. A description of the dog to include name, age, breed, sex, and color(s); and vi. The unique number of the durable tag accompanying such license. B. Every commercial kennel or commercial cattery license in addition to the above, shall state the maximum number of each species of animal that may be kept in such kennel or cattery. SECTION 6.04.060: Commercial Kennels and Commercial Catteries. A. Prior to issuance of an annual license from the Animal Control Agency per Municipal Code Section 6.04.070, all commercial kennels or commercial catteries are required to obtain a 15 Conditional Use Permit in accordance with Municipal Code Section 6.08.010 (Animal Keeping Standards), an annual business license from the City, and any other license or permit as may be required by the City or another governing body to operate a kennel or cattery. i. Commercial kennels and commercial catteries shall be considered as one and the same for the purposes of permitting. B. It is unlawful for any person to own or operate a commercial kennel, commercial cattery, or a pet shop without obtaining a permit from the Animal Control Agency or their designee. Said license shall be valid for a period of one year following issuance and shall be renewed within thirty (30) days after such period terminates. C. If an application for a license is made more than thirty (30) days after the date such license/permit is required as stated on the license, the applicant shall pay a penalty established pursuant to Municipal Code Section 6.04.020. SECTION 6.04.070: Commercial Kennel, Commercial Cattery, and Pet Shop permit/license – Application and issuance conditions. A. Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form. B. Application for a commercial kennel, commercial cattery or pet shop permit/license shall be filed with the Animal Control Agency no later than ten (10) days after obtaining all required permits and licenses from the City, approved City permits shall be presented to the Animal Control Agency. After receipt of the application, the Animal Control Agency or their designee shall make, or cause to be made, an examination of the commercial kennel, commercial cattery, or pet shop, and the permit/license shall be issued if the commercial kennel, commercial cattery or pet shop in the opinion of the Animal Control Agency or their designee satisfactorily meets each of the following conditions: i. The commercial kennel, commercial cattery or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for all animals, including dogs and cats kept, or to be kept therein; ii. There is adequate shelter from the elements and sufficient space for exercise; iii. There is ample and healthful food and potable water, and adequate sanitary facilities for the storage of such food and water; iv. There are provisions made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated to minimize vermin infestation, odors, and disease hazards in compliance with local laws; v. There are adequate drainage facilities; vi. There is adequate and effective means of the control of insects and rodents, and such control is vigorously and continually maintained; vii. The person applying for the permit/license has not been convicted of a crime of cruelty to animals in this or any state; 16 viii. Sick animals are separated from those appearing healthy and normal and, if for sale, removed from display and sale. No person knowingly sells a sick or injured animal or bird. Sick animals are kept in isolation quarters with adequate ventilation to keep from contaminating well animals; ix. An employee or owner physically visits the premises to feed, water, and perform necessary cleaning of animals and birds on days the store or shop is closed; x. Living quarters for human habitation shall not be considered adequate for a commercial kennel or commercial cattery or a pet shop; and xi. Adequate records are maintained for all animals. C. The Animal Control Agency or its designee shall have the authority to enter upon the premises in which a commercial kennel, commercial cattery or pet shop is located for the purpose of determining whether such commercial kennel, commercial cattery, or pet shop satisfactorily meets the conditions set forth in this chapter. D. The Animal Control Agency may deny an application for a permit/license required by this chapter, whether original or renewal, or suspend or revoke such a permit/license if it finds that any commercial kennel, commercial cattery or pet shop fails to meet any of the conditions set forth in this chapter, or the premises within which dogs or cats are kept or maintained as provided in this chapter fail to meet any of the conditions set forth herein. The Animal Control Agency shall prepare a notice of denial of an application, or suspension or revocation of a permit/license, setting forth the reasons for such a denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee. Such notice of denial, suspension or revocation may be appealed by filing with the City, within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper and by paying the fee for appeal established pursuant to Municipal Code Section 6.04.020. Failure to file an appeal within fifteen (15) days as set forth above, waives the right of appeal. The City Clerk shall give notice to the appellant by regular mail of the time and place of the hearing. Such appeal shall be heard by the City Manager within thirty days of a timely written notice of appeal being submitted to the City Clerk. In conducting the hearing, the City Manager shall not be limited by the technical rules of evidence. Within fifteen (15) days of the conclusion of the hearing, the City Manager shall issue a written decision either affirming, amending or reversing the decision of the Animal Control Agency. SECTION 6.04.080: Records of dogs and cats sold. All commercial kennels, commercial catteries, and pet shop operators shall maintain records of all dogs and cats sold of any age. Records shall include the new owner’s name, address and the description of the dog or cat sold including breed, color, sex, month and year of birth, and veterinarian records. Copies of these records shall be provided to the Animal Control Agency or their designee monthly within ten (10) calendar days after the last day of each month. SECTION 6.04.090: Commercial kennel, commercial cattery, and pet shop inspections. Because of the need to adequately protect animals within commercial kennels, commercial catteries and pet shops from unhealthy conditions and practices, reasonable inspection 17 requirements dictate that the Animal Control Agency or their designee shall have the right to inspect commercial kennels, commercial catteries and pet shops at reasonable times and upon reasonable notice, as a condition of the issuance of a commercial kennel, commercial cattery or pet shop permit/license. SECTION 6.04.100: Sale or adoption of cats or dogs. A. Any person who provides or offers to the public, whether or not for compensation, a cat or dog for adoption shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the Animal Control Agency. B. Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the City applicable to such animal. C. Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal. SECTION 6.04.110: Sterilization of adopted animals. A. Any person who provides or offers to the public, whether or not for compensation, services for the sterilization of a dog or cat shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the City or the City’s contractor for animal control services. B. If a veterinarian licensed to practice veterinary medicine in this State certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the Animal Control Agency a deposit in an amount set by Resolution of the City Council, which may be amended from time to time. The deposit shall be temporary and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within fourteen (14) business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the Animal Control Agency within thirty (30) business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit. SECTION 6.04.120: Nonprofit Corporations. A nonprofit corporation formed pursuant to the provisions of the California Corporation Code commencing with Section 10400 for the prevention of cruelty to animals shall not be required to pay a fee for the licenses required by this chapter. Except for fees, all other provisions of this chapter shall be applicable to any such nonprofit corporation. 18 SECTION 6.04.130: Duties of Animal Control Officer. It shall be the duty of the Animal Control Officer: A. To receive, take up and impound: i. Any dog or cat found running at large in violation of this chapter or of any law of the State of California. ii. Any dog or cat which is molesting any person. iii. Any cat or dog which is molesting or harassing animals, birds, or pets upon the premises of any person. iv. Any dog or cat which is found running at large while in heat (estrus). B. To regularly and adequately feed, water, and otherwise care for all animals impounded under the provisions of this chapter, or to provide for such feeding and watering. C. To investigate the condition and behavior of any dog which he or she has reason to believe is vicious or dangerous, and if he or she finds such dog to be vicious in its habits, he or she shall report their findings in person, in writing, on the phone, online, or by mail to the owner of such dog if the name and whereabouts of said owner are known, and if unknown, then the dog shall be impounded. D. To follow provisions of Penal Code Section 597.1 (or any subsequent legislation) in humanely euthanizing or giving emergency care to sick or injured dogs or cats. E. To do and perform any other acts necessary to carry out the provisions of this chapter and of the laws of the State. F. Make such reports to the Animal Control Agency and City Council as they may require, relative to his or her duties as Animal Control Officer and the performance of his or her duties in accordance with this chapter. SECTION 6.04.140: Animal Control Officers – Enforcement – Entry upon private property. It shall be the duty of all peace officers to cooperate with and assist the Animal Control Officer in the enforcement of the provisions of this chapter. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are hereby empowered to enter upon private property where any dog or cat is kept or believed to be kept for the purpose of ascertaining whether any dog or cat is harbored in violation of any of the provisions of this chapter, subject to constitutional and statutory search and seizure laws. SECTION 6.04.150: Dog and cat impoundment regulations. A. No impounded animal shall be redeemed except on payment of all appropriate fees established pursuant to Municipal Code Section 6.04.020. No dog which is to be kept or harbored within the corporate limits of the City of Temecula shall be released from the shelter unless or until it is duly licensed in accordance with the provisions of this chapter. No unredeemed dog or cat shall be sold if or while the same is suffering from any infectious or communicable disease. 19 B. Any officer acting under the provisions of this chapter and impounding a licensed dog shall give notice in person or by regular mail to the last known address of the owner of the impounding of such dog or cat. If such dog or cat is not redeemed within ten (10) days from the date of the giving of such notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of Tile 6 or shall have the dog or cat euthanized. C. Upon impounding an unlicensed dog or cat, the officer shall give notice in person or by regular mail to the owner, if known, of the impounding of such dog or cat. If such dog or cat is not redeemed within five (5) days after such notice has been given, the officer shall dispose of such dog or cat in accordance with the provisions of Title 6 or shall have the dog or cat euthanized. D. The officer having custody of any impounded dog or may, by humane methods, summarily euthanize said dog if: i. The dog or is suffering from any incurable, dangerous or contagious disease, providing a licensed veterinarian shall certify, in writing, that such dog or cat is so suffering; or ii. It is an unlicensed vicious dog. E. The Animal Control Officer may not sell, give away or otherwise transfer title of any dog, cat or any other animal to any person, or institution for use in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinary, dental, medical, or biological sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs. SECTION 6.04.160: Unlawful acts designated. It is unlawful: A. For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as required by this chapter. B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag as provided in this chapter. The tag shall be attached at all times to a collar, harness or other suitable device upon the dog for which the license tag was issued. C. For any person to interfere with, oppose or resist the Animal Control Officer or other person charged with the enforcement of this chapter, while the Animal Control Officer or such other person or persons are engaged in the performance of their duties under this chapter. D. For any person to attach any current license tag on any dog other than the dog for which such tag was originally issued. E. For any person other than the owner to remove from any dog any tag which has been attached to such dog pursuant to the provisions of this chapter or for any person to counterfeit or imitate any such tag or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag. 20 F. For the owner or person in charge thereof of any vicious dog to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance and around the premises on which said dog is kept, a sign having letters at least two inches in width and reading “BEWARE OF VICIOUS DOG.” No vicious dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal. G. For any person to remove an impounded animal from an Animal Control Center without the consent of the officer in charge thereof. H. For the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to roam, stray or run at large in, or into any location within the City of Temecula. I. For any person, after being informed in writing that such person’s animal has been declared a noisy animal in accordance with the provisions of Municipal Code Section 6.04.245 and that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such animal does not again disturb residents in the vicinity in which the animal is kept. J. For any person to abandon any animal without care on any public or private property. Any animal abandoned may be impounded and disposed of in a humane manner. At least seventy-two (72) hours prior to the impoundment of an animal believed to be abandoned, a notice shall be posted on the property on which said animal is being kept. Notice shall be given in person or by regular mail to the last known address of the owner or person entitled to possession thereof (if known), that the animal will be impounded if contact is not made with the Animal Control Agency within seventy-two (72) hours. When it is found that a house is vacant or condemned, the animal may be removed immediately and held for five (5) days. If, in the opinion of the Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, or the health and welfare of the animal, said animal shall be impounded and held for five (5) days, pending contact of the owner or person having control of said animal. K. For the owner or person in charge thereof of any sentry dog to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept, a sign having letters at least two inches in width and reading “SENTRY DOG ON DUTY.” No sentry dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is under the immediate control and physical restraint of such owner or person. L. For the owner or person in charge thereof of any vicious dog to fail to comply with an order pursuant to Municipal Code Section 6.04.260. SECTION 6.04.170: Transporting animals. 21 It is unlawful for any person to transport an animal in a motor vehicle upon any street within the City of Temecula unless the animal is fully enclosed within the vehicle or is protected by a belt, two-way tether cage, container or any other device that will prevent the animal f rom falling, jumping, or being thrown from the motor vehicle. SECTION 6.04.180: Animals unattended in a motor vehicle. A. It is unlawful for any person to leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. B. This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. i. A person who removes an animal from a vehicle in accordance with this section is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: 1. Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. 2. Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. 3. Has contacted a local law enforcement agency, fire department, animal control, or “911” emergency services prior to forcibly entering the vehicle. 4. Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, firefighter, animal control officer, or another emergency responder arrives. 5. Uses no more force to enter the vehicle to remove the animal than is necessary under the circumstances. 6. Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who arrives at the scene. C. This section does not prevent a peace officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. i. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to the nearest animal control agency, or other place of safe keeping or, if the officer deems necessary to a veterinary clinic or hospital for treatment. The owner of the animal 22 removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. ii. A peace officer, firefighter, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. iii. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officers name and address of location where said animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal and requirements of Municipal Code Section 6.04.150. D. There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle if the damage was caused while the person was rescuing an animal in accordance with subsection (B) of Municipal Code Section 6.04.180 Animals unattended in a motor vehicle. i. The immunity from civil liability for property damage to a motor vehicle that is established by subsection (D)does not affect a person’s civil liability or immunity from civil liability for rendering aid to an animal. E. The City, it’s elected officials, employees, volunteers, contractors, or other persons performing work for the City shall not bear any liability, civil or criminal, for damages to property when an animal is removed from a vehicle in accordance with Municipal Code Section 6.04.180 of this code. F. This section shall not be applicable to animals which are in a peace officer’s vehicle or an animal control vehicle while such officers are engaged in their regularly assigned duties. G. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes. SECTION 6.04.190: Use of streets, sidewalks, and public places. It shall be unlawful for any person to display, sell, offer for sale, barter, or give away, upon any street, sidewalk, or other public place within the City of Temecula as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal. SECTION 6.04.200: Traps and cages. Humane traps that have been approved by the Animal Control Officer are permitted within the City of Temecula to be used to confine animals running at large on the private property of persons. 23 A. A sign, clearly visible from the road servicing the property, shall be posted on the property stating that such a trap is in use. B. Trapping shall not continue for more than ten (10) days in a thirty (30) day period, unless monitored by an Animal Control Officer. C. All animals trapped shall be taken to the local shelter or picked up by an Animal Control Officer. D. If the situation is such that this may cause problems to the person trapping, the Animal Control Officer may give permission for trapping without a sign posted as long as the trapped animals are turned over to an Animal Control Officer. SECTION 6.04.210: Crimes against animals. A. Felony or Misdemeanor. Every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the State prison, or by a fine of not more than $20,000 or by both the fine and imprisonment, or alternatively, by imprisonment in the County jail for not more than one year, or by a fine of not more than $20,000 or by both the fine and imprisonment. B. Every person who tortures, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates or cruelly kills an animal, or causes or procures any animal who has been tortured, deprived of necessary sustenance, drink, or shelter, and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than $20,000. i. This subsection (B) applies to any mammal, bird, reptile, amphibian, and fish; if any person is charged with a violation of this subsection (B) and the animal is a mammal, bird, reptile, amphibian, or fish that is an endangered, or threatened species (governed under Fish and Game Sections 2050 through 2098), the proceedings shall be subject to Section 12000 et seq. of the Fish and Game Code. ii. Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or the City, shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty shall be liable to the impounding agency for all cost of impoundment from the time of seizure to the time of proper disposition. 24 SECTION 6.04.220: Animal sanitation. A. Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh, adequate food provided regularly and feces disposed of on no less than a biweekly basis. Any extreme conditions would be considered a cruelty and would be cited pursuant to Municipal Code Section 6.04.210. B. It shall be unlawful for the owner or person having custody of any dog either willfully or through failure to exercise due care or control to allow said dog to defecate and to allow the feces thereafter to remain on any public or private property not owned or possessed by the owner or the person who has custody, control, or possession of the dog. SECTION 6.04.230: Female dogs and cats in heat (estrus). Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that will prevent the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor. SECTION 6.04.240: Isolation of animals – rabies precaution. A. Whenever it is shown that any animal has bitten any person, the owner or persons having the custody or possession thereof shall, upon order of the Animal Control Officer, quarantine it and keep it confined at the owner’s expense for a period of ten (10) days for cats and dogs, and fourteen (14) days for all other types of animals; and shall allow the Animal Control Officer or his or her representative to make an inspection or examination thereof any time during such period. Animals quarantined must not be removed from the premises without first obtaining written permission of the Animal Control Officer. The Animal Control Officer shall have the authority to impound any animal at the owner’s expense if the owner fails or refuses to confine said animal. B. If it is determined by the Animal Control Officer, after giving the order of quarantine mentioned in this section, that the dog is a vicious dog, although not afflicted with rabies, the Animal Control Officer shall thereupon order the person who owns or has the custody of the dog to take actions to prevent it from biting or having the opportunity of biting any person. Failure to do so on the part of the owner or person having custody of the dog shall constitute a violation of this chapter. C. The Animal Control Officer may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this chapter to warn the public of the fact. It is unlawful for any person to remove the sign posted pursuant to this section without first obtaining written permission of the Animal Control Officer. D. If it appears to the Animal Control Officer that a dog or other animal has rabies, he or she may euthanize such animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable. E. Whenever any animal is bitten by another animal having rabies, or shows any symptoms of rabies, the owner or person having possession of the animal shall immediately notify the 25 Animal Control Officer, and confine the animal, and keep it confined until it is established to the satisfaction of the Animal Control Officer that it does not have rabies. The Animal Control Officer shall have the power to quarantine any such animal or impound it at th e owner’s expense if the owner or person having possession thereof fails to confine such animal immediately, or in case the owner or person having possession thereof is not readily accessible. F. Whenever the Animal Control Officer determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the City as the Animal Control Officer may determine and define, for a period of not more than one hundred and twenty (120) days. An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the Animal Control Officer for the protection and preservation of the public health, peace, and safety. Any quarantine declared under the provisions of this section other than as restricted herein shall be upon such conditions as the Animal Control Officer may determine and declare. G. The City of Temecula may enter into a written agreement or agreements with any veterinarian licensed by the State of California, or any organized humane society or association, which will undertake to carry out the provisions of this chapter and maintain and operate a pound and license, take up, impound and dispose of animals. Any such veterinarian or society or association which enters into an agreement shall carry out all the provisions of this chapter in the manner herein prescribed. SECTION 6.04.250: Noisy animals. A. Declaration of Noisy Animal as Public Nuisance. It is a public nuisance for any person to cause or permit any animal in his or her care, custody or control, to bark, howl, or cry or make any noises or other sounds so as to annoy and become offensive to a resident or residents in the vicinity in which the animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area. B. Investigation – Issuance of Notice. Upon receipt of a complaint of a noisy animal, the Sheriff’s Department or Animal Control Officer shall investigate such complaint. Based upon such investigation, if the Sheriff or the Animal Control Officer determines that such a nuisance exists or upon receipt of a written complaint signed by the complaining party under penalty of perjury regarding the existence of a noisy animal, the Sheriff or Animal Control Officer shall issue a noisy animal warning notice to the party responsible for the noisy animal. Such notice shall specify that the continued barking, howling, or other noise or sounds of such animal is in violation of the Temecula Municipal Code and that the nuisance must be abated to avoid further action by the City. The notice shall also state that if a further response to the same location is necessary because of the continuation of the public nuisance, the responsible party will be held liable to the City, or its designee, for the amount of the noisy animal response charge as well as for such further abatement proceedings authorized by this chapter. Such notice shall be served upon the responsible 26 party or, if such notice cannot be safely made, posted at the premises upon which the animal is located. A copy of the noisy animal warning notice shall be filed with the Animal Control Director. The Animal Control Director, or his or her designee, shall make a reasonable attempt to speak with the responsible party regarding the noisy animal warning notice within five days of its issuance. If within five (5) days of the issuance of the noisy animal warning notice the Animal Control Director determines that the barking, howling, or other sound or cry was provoked and that such barking, howling, or other sound or cry was not excessive, unrelenting, or habitual, the Animal Control Director shall cause the noisy animal warning notice to be voided and the person to whom it was issued shall be so notified. Once voided, the noisy animal warning notice shall not be considered to have been issued for purposes of this chapter. C. Notice of Hearing. When the Animal Control Director receives a second verbal or written complaint concerning a noisy animal at the same location within six (6) months after the issuance of a noisy animal warning notice, the Animal Control Director, or his or her designee, shall determine if the noisy animal warning notice went unheeded. If the determination is made that the nuisance was not abated, the matter shall be set for hearing before the Temecula Animal Friends Animal Control Agency (the “Animal Control Hearing Officer”) and notice of hearing shall be issued by the Animal Control Director, or his or her designee, to the owner or person having charge, custody, or control of the animal. The notice of hearing constitutes written notice of violation of the Temecula Municipal Code and shall include the date, place, and time of the hearing. The notice of hearing shall advise that the person having charge, custody, or control of the animal may present evidence at the hearing. The notice of hearing shall be personally served or posted upon the premises where the animal is kept and sent by certified mail, return receipt requested. In addition, the notice of hearing shall be delivered to any interested parties requesting notice of the hearing. D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to the public. The Animal Control Hearing Officer may admit all relevant evidence, including incident reports and affidavits of witnesses; the Officer may limit the scope of discovery and may shorten the time to produce records or witnesses. The Animal Control Hearing Officer may decide all issues even if the owner or person in charge, custody, or control of the animal fails to appear at the hearing. The Animal Cont rol Hearing Officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a public nuisance. E. Determination and Order. Within ten (10) working days after the conclusion of the hearing held pursuant to subsection (D) of this section, the Animal Control Hearing Officer shall by certified mail, return receipt requested, notify the owner(s) or person(s) having charge, custody, or control of the animal of the Officer’s determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall 27 comply with the Animal Control Hearing Officer’s order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Officer shall be final, subject to the provisions of State law. F. Administrative Abatement Measures. The Animal Control Hearing Officer may, as part of its determination that the animal is a noisy animal and the maintenance thereof a public nuisance, direct that appropriate actions be taken to abate the nuisance, including without limitation one or more of the following: i. Containment of the animal within an enclosed building on the premises of the animal’s owner or of the person in charge, custody, or control of the noisy animal. ii. Require that the animal wear a noise suppression device obtained at the expense of the owner of the animal to reduce or eliminate the noise creating the nuisance. iii. Require that the animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the Animal Control Hearing Officer and at the expense of the animal’s owner or the person having charge, custody, or control of said animal. iv. Restrict the time of day, days of the week, and duration when the animal may be placed out-of-doors on the premises of the owner or person in charge, custody, or control of the animal. v. Require the animal to be debarked at the expense of the owner of said animal. vi. Require the owner or person in charge, custody, or control of the animal to permanently remove the animal from said property and outside the City limits vii. Require that the animal be impounded at the expense of the owner or person in charge, custody, or control of the animal in accordance with the fee schedule established pursuant to Municipal Code Section 6.04.020. G. Noisy Animal Response Charge. The following shall apply on a subsequent noisy animal response by a Sheriff or Animal Control Officer within six months after the issuance of a noisy animal warning notice to a responsible party: i. A noisy animal response charge shall be imposed if a subsequent response by a Sheriff or an Animal Control Officer is necessary to control or abate the public nuisance created by the noisy animal or to protect the public peace, health, or general welfare after the issuance of a noisy animal warning notice to a responsible party. The noisy animal response charge shall not exceed the actual and reasonable costs incurred in connection with the actions taken pursuant to this part. The provisions of this section are in addition to any other provisions of this chapter and any other provisions regarding public nuisances and shall supplement, not supplant the exercise of any other applicable law or ordinance. ii. The Animal Control Director, or his or her designee, shall notify the Finance Department in writing of the name and address of the person(s) responsible for the noisy animal, the date and time of the incident, the services performed, any additional services which are required, and such other information as may be necessary. The Finance Department shall thereafter cause appropriate billing of the noisy animal response charge to be made to the responsible party. Such charge shall be paid within thirty (30) days of the date of the issuance of the billing and at the direction of the City may be paid directly to the Animal Control Agency. 28 iii. Any noisy animal response charge charged pursuant to this section shall be deemed a civil debt owing to the City by the responsible party. iv. Any person receiving a bill for a noisy animal response charge may, within fifteen (15) days after the date of issuance of the bill, file a written request with the Animal Control Director appealing the charge imposed. The City shall withhold on collection of the bill pending the decision on the appeal. The Animal Control Director shall set the matter for hearing before the Animal Control Hearing Officer, which hearing shall be within fifteen (15) business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal within ten (10) days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the appellant. The decision of the Animal Control Hearing Officer shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty (30) days of the date of the mailing of the decision of the Animal Control Hearing Officer. SECTION 6.04.260: Vicious or unsafe animals. A. Vicious or Unsafe Dogs. A person owning or having charge of a vicious or unsafe dog shall confine it within a building or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal. B. Abatement of Vicious or Unsafe Animals. Within the City of Temecula there are unconfined or uncontrolled vicious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which animals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under State law. C. Investigation. Any animal confined pursuant to subsection (A) of this section for biting a human being and any incident reported either to the Sheriff’s Department or the Animal Control Officer concerning a vicious or unsafe animal(s) shall be investigat ed by the Sheriff or his or her designee or the Animal Control Officer. Based on the investigation, if either the Sheriff’s Department or the Animal Control Officer has reasonable cause to believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious or unsafe animal, he or she shall so certify to the Animal Control Agency in writing within ten (10) days following completion of the investigation. A copy of the certification shall be mailed to the person owning or controlling the animal. D. Confinement of Vicious or Unsafe Animal. Whenever the Sheriff’s Department or the Animal Control Officer or his or her designee has reasonable cause to believe that an animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety of persons, of animals or property of another and if the Officer after reasonable investigation is unable to locate the owner, or if the owner is unwilling or unable to take the necessary steps to confine the animal in a manner ordered by the Officer, the Officer may immediately seize and impound the animal. The animal shall be returned to its owner 29 only if the Officer is satisfied that the owner will confine the animal as ordered. If the owner fails or refuses to make such arrangements for the confinement of the animal, the Sheriff’s Department or the Animal Control Officer shall issue an order directing the owner to appear at a designated hearing, as provided pursuant in this section, to show why such animal shall not be declared a nuisance and to have said nuisance abated and to prevent the nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the animal exists, from maintaining or permitting it. E. Scheduled Hearing. A hearing date shall be set no later than twenty-five (25) days from the date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal Control Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, the owner of the real property in which the animal is kept and may mail notice to the interested persons. F. Hearing. The hearing shall be held by the City’s contracted Animal Control Agency as that Animal Control Agency designates pursuant to the procedures set by California Food and Agriculture Code Section 31601 et seq. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the animal is vicious or unsafe. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the Animal Control Agency shall be supported by the weight of the evidence and shall be final subject to California Food and Agriculture Code Section 31621 et seq. G. Finding – Public Nuisance. If, based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe, or noisy and requires abatement, it shall so specify in writing together with the reasons therefor. Any animal found to be vicious, unsafe, or noisy and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely euthanized, or the nuisance otherwise abated by appropriate order including, but not limited to, confinement, muzzling, fencing, leashing, noise suppression device, obedience training, debarking, or permanent removal of the animal from said property and outside the City limits. The owner of any vicious or unsafe animal that is not required to be humanely euthanized may be required by the Animal Control Agency to have liability insurance or bond in appropriate specified amounts for the specified time. Such insurance or bond shall insure to the benefit of persons who may be subsequently injured or damaged by said animal. The decision of the Animal Control Agency shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the animal and to the Animal Control Agency. The decision of the Animal Control Agency shall be final for all purposes subject to California Food and Agriculture Code Section 31621 et seq. H. Cost of Impoundment. If the Animal Control Agency finds the animal is vicious, unsafe, or noisy and subject to abatement, the costs of impoundment including all cost of abatement shall be paid by the owner of the real property or the person owning or controlling the 30 animal and shall become a lien against the real property upon which the animal was kept and maintained until said assessment is paid. If the Animal Control Agency finds that the animal is vicious or unsafe but not subject to abatement, or if the order includes the release of the animal found to be vicious, unsafe, or noisy to the owner or person controlling it, the animal shall not be released until such costs have been paid in full. If such costs have not been paid within fourteen (14) days after the date of mailing or delivery of the order, the Animal Control Agency may order the disposition of the animal in any manner provided by law. No fees provided for by this chapter shall be assessed if the animal is found not to be vicious, or unsafe. I. Payment of Assessment. The assessment shall be due and payable within fourteen (14) days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date, the total amount thereof may be entered on the next fiscal year tax roll as a lien against the property upon which the animal was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City of Temecula, or an action may be brought in the name of the City to recover the costs of impoundment and/or abatement. J. Vicious or unsafe animal registration fee. An animal that has been deemed vicious or unsafe will be required to be registered with the animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in Municipal Code Section 6.04.020. Failure to renew the registration will result in the impoundment of the animal and a citation will be issued as a misdemeanor. SECTION 6.04.270: Exotic animals or wild animals. The keeping of exotic animals, including the keeping of exotic animals as pets shall require a Conditional Use Permit in accordance with Municipal Code Table 6.08.010 Animal Keeping Standards and Municipal Code Section 17.04.010 Conditional Use Permits. Wild animals shall not be kept as pets. SECTION 6.04.280: Violation – Penalty. Any person violating any of the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished by fine(s) established by a resolution of the City Council. SECTION 6.04.290: Constitutionality – Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the chapter. CHAPTER 6.06: MANDATORY SPAYING, NEUTERING AND MICROCHIPPING Sections: 6.06.010 Definitions 6.06.020 Mandatory spaying and neutering of dogs and cats. 31 6.06.030 Mandatory microchipping of dogs and cats. SECTION 6.06.010: Definitions. A. “Altered” means an animal rendered incapable of reproducing by means of surgical methods, a male animal that has been neutered or a female animal that has been spayed. Also referred to as a sterile animal. B. “Competition cat” means a cat used to show, compete, or breed, and is a breed registered with the Cat Fanciers’ Association (CFA) or another valid registry approved by the Animal Control Agency. C. “Competition dog” means a dog used to show, compete, or breed, and is a breed registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or another valid registry approved by the Animal Control Agency. D. “Hobby breeder” means a person who seeks to not alter their dog or cat to potentially breed the dog or cat and sell the offspring for money or another consideration, and does not have a kennel, cattery, or pet shop permit/license. E. “Impounded” means an animal having been received into the custody of any animal control center, animal control officer, animal control vehicle, or peace officer authorized by the City under the provisions of this chapter. F. “Microchip” means a radio-frequency identification transponder that is surgically implanted beneath the animals skin that carries a unique identification number traceable to the documented owner, and is roughly the size of a grain of rice. G. “Service animal” means any dog, and in some cases described below, a miniature horse, being reared, trained or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual’s disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. 32 i. Miniature horses may be considered “service dogs” if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations. H. “Unaltered” means a dog or cat, four months of age or older, that has not been spayed or neutered. A condition that exists in an animal which permits the producing of offspring. SECTION 6.06.020: Mandatory spaying and neutering of dogs and cats. A. Altered dogs and cats. i. Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered exempt license or obtain a hobby breeder license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility, or obtain a hobby breeder license in accordance with this chapter. ii. Exemptions. This section shall not apply to any of the following and any exempt animals are required to obtain an unaltered exempt license: 1. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license. 2. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation. 3. Animals owned by recognized dog or cat breeders, as defined by City or Animal Control Agency. 4. Female dogs over the age of ten (10) years and male dogs over the age of twelve (12) years; however, an unaltered exempt license is still required. 5. Animals used by law enforcement agencies for law enforcement purposes. 6. A qualified service animal. The person owning or having custody of the animal must have a service animal license and tag issued by the Animal Control Agency. 7. A competition dog or cat that meets the following requirements: a. The dog must have competed in at least one dog show or sporting competition approved by a national registry or the Animal Control Agency within the last three-hundred and sixty-five (365) days; or the dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association 33 approved by the Animal Control Agency; or the owner or custodian of the dog is a member of a purebred dog breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life-threatening health problems. b. The cat must have competed in at least one cat show approved by a national registry or the Animal Control Agency; or the cat has earned a conformation title from a purebred cat registry; or the owner or custodian of the cat is a member of a purebred cat breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life- threatening health problems B. Hobby Breeder License. A dog or cat may be exempt from subsection (A) of this section if the owner or custodian is a hobby breeder and obtains a hobby breeder license for each dog and/or cat. Each license authorizes the birth of no more than one (1) litter per animal in any twelve (12) month period. Breeding more than one (1) litter per year will resu lt in penalties. C. Control of Unaltered Cats. In accordance with subsection (A) of this section, it is unlawful for any person to own, harbor or keep any unaltered cat four (4) months of age or older within the City of Temecula. The City or Animal Control Agency may take steps to mitigate the impact of feral cat populations in compliance with this law which may include spay and neuter services and/or trap and release programs. D. Denial or Revocation of Unaltered Exempt License or Hobby Breeder License and Reapplication. i. The Animal Control Agency may deny or revoke an unaltered exempt license or hobby breeder license for one or more of the following reasons: 1. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section; 2. The Animal Control Agency has received at least three (3) complaints, verified by the agency, that the owner, custodian, applicant, or licensee of an unaltered dog or cat has allowed it to run at large, or has otherwise neglected it or another animal; 3. The owner, custodian, applicant, or licensee has been previously cited for violating a State law, City code or other municipal provision relating to the care and control of animals; 4. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, or to be a nuisance within the meaning of the Temecula Municipal Code or under State law; 5. Any unaltered exempt license held by the applicant or hobby breeder license has previously been revoked; 6. The license application is discovered to contain a material misrepresentation or omission of fact. 34 ii. Reapplication for Unaltered Exempt License or Hobby Breeder License. 1. When an unaltered exempt license or hobby breeder license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The Animal Control Agency shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication. 2. When an unaltered exempt license or hobby breeder license is revoked, the owner or custodian of the dog or cat may apply for a new license after a 30- day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered exempt license or hobby breeder license fee is refundable when a license is revoked, and the applicant shall pay the full fee upon reapplication. E. Appeal of Denial or Revocation of Unaltered Exempt License or Hobby Breeder License. i. Request for hearing. 1. Notice of Intent to Deny or Revoke. The Animal Control Agency shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog or cat which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation by filing such request with the Animal Control Agency. The request must be made in writing within fifteen (15) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation. 2. Administrative Hearing. The hearing shall be conducted by the Animal Control Agency. 3. Notice and Conduct of Hearing. The Animal Control Agency or its designee shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than forty-five (45) days after the Animal Control Agency receipt of the request for a hearing. The hearing will be informal, and the rules of evidence will not be strictly observed. The Animal Control Agency shall prepare and mail a written decision to the owner or custodian after the hearing. The decision of the hearing officer shall be the final administrative decision. ii. Change in Location of Unaltered Dog or Cat. If the dog is moved after the Animal Control Agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the Animal Control Agency with information as to the dog’s whereabouts, including the current owner’s or custodian’s name, address, and telephone number. F. Transfer, Sale, and Breeding of Unaltered Dog or Cat. i. Offer for Sale or Transfer of Unaltered Dog. An owner or custodian who offers any unaltered dog over the age of four (4) months of age for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, 35 trade or adoption, or otherwise state and establish compliance with this section. An owner or custodian of an unaltered dog must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner. ii. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered cat must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner. G. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below: i. An administrative citation, infraction, or other such authorized penalty may be issued to an owner or custodian of an unaltered dog or cat for a violation of this section. ii. Should the owner or custodian of an unaltered dog or cat be found in violation of a State or local law, as stated above in subsection (A) of this section, the owner or custodian shall be required to spay or neuter the unaltered dog or cat in accordance with this section and waive the fine for the spay or neuter violation, or may qualify and purchase an unaltered exempt license, or purchase a hobby breeder license. H. Impoundment of unaltered dog or cat. i. When an unaltered dog or cat is impounded pursuant to State and/or local law, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following: 1. Provide written proof of the dog’s or cat’s prior sterilization, if conditions cannot or do not make this assessment obvious to Animal Control Agency personnel; or 2. Have the dog or cat spayed or neutered by an Animal Control Agency veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required; or 3. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or 4. If the owner or custodian demonstrates compliance with this section. ii. Costs of Impoundment. 1. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications in accordance with Municipal Code Section 6.04.020. 36 2. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid or other arrangements are made including, but not limited to, a payment plan. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) days, the animal shall be deemed abandoned and become the property of the Animal Control Agency. I. Fees and fines. i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council, which may be amended from time to time. ii. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program. SECTION 6.06.030: Mandatory microchipping of dogs and cats. A. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Agency and shall notify the Animal Control Agency of any change of ownership of the dog or cat, or any change of address or telephone number. B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following: i. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. ii. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. iii. A dog or cat that is kenneled or trained in the City of Temecula but is owned by an individual who does not reside in the City of Temecula. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction. iv. A dog or cat over the age of ten (10) years. C. Transfer, sale of dogs and cats. i. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade, or adoption. The license and microchip numbers must appear on a document transferring the dog to the new 37 owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein. ii. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein. iii. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Animal Control Agency of the name and address of the new owner or custodian and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the Animal Control Agency with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter. D. Impoundment of un-microchipped dog or cat. When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following: i. Have the dog or cat implanted with an Animal Control Agency microchip by an Animal Control Agency registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian; ii. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so implanted, and provides the microchip number to the Animal Control Agency or allows the Animal Control Agency to scan the dog or cat for the microchip to verify. E. Fees for microchip identification device. i. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from an animal shelter operated by the Animal Control Agency. 38 ii. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the Animal Control Agency’s registry as required by subsection (A) of this section. F. Fines and fees. i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council and may be amended from time to time. ii. All costs and fines collected under this section and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program. CHAPTER 6.08: ANIMAL KEEPING STANDARDS Sections: 6.08.010 Animal Keeping Standards Table SECTION 6.08.010: 39 40 CHAPTER 6.12: ANIMALS RUNNING AT LARGE Sections: 6.12.010 Prohibited generally. 6.12.020 Exemption. 6.12.030 Impoundment. 6.12.040 Disposition of rabid or disabled animals. 6.12.050 Disposition – Cows, horses and burros. 6.12.060 Disposition – Other animals. 6.12.070 Sale – Notice. 6.12.080 Sale – Procedure. 6.12.090 Sale – Disposition of moneys. 6.12.100 Redemption – When. 6.12.110 Redemption – Costs. SECTION 6.12.010: Prohibited generally. No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property. SECTION 6.12.020: Exemption. This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway. SECTION 6.12.030: Impoundment. It shall be the duty of the Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, land, alley or other public place, or upon any private property without its owner’s consent. The Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than twenty (20) days. SECTION 6.12.040: Disposition of rabid or disabled animals. If it appears to an Animal Control Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he or she shall humanely euthanize such animal and shall take such other action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely euthanize any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner. SECTION 6.12.050: Disposition – Cows, horses, and burros. If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if such animal is not reclaimed within five (5) days thereafter, the Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Food and Agricultural Code Section 17003. If the Director of Agriculture does not, within five (5) days after notice, elect to 41 dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this chapter. SECTION 6.12.060: Disposition – Other animals. If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the Animal Control Officer, is not reclaimed within two (2) days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in accordance with Municipal Code Section 6.12.070. SECTION 6.12.070: Sale – Notice. The notice of sale shall contain a description of the animal, including any identifying marks or brands, the date and place where the animal was taken up, and the time and place of sale. At least five (5) days prior to the sale of any impounded animal, the Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known. SECTION 6.12.080: Sale – Procedure. At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely euthanize such animal, or otherwise dispose of it as permitted by law. SECTION 6.12.090: Sale – Disposition of moneys. The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the City. SECTION 6.12.100: Redemption – When. The owner or person entitled to possession of any animal impounded may at any time before the sale or other disposition thereof redeem the same by paying the Animal Control Officer all fees and charges thereon. SECTION 6.06.110: Redemption – Costs. The Animal Control Officer shall charge and collect from each person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining the animal while impounded including costs of sale incurred. The impounding fee shall be set by resolution of the City Council and may be amended from time to time. 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: LR21-0130 APPLICANT: City of Temecula PROPOSAL: A resolution of the planning commission of the city of Temecula recommending that the City Council adopt an ordinance entitled, “An Ordinance of the City of Temecula repealing and replacing Title 6 of the Temecula municipal code regarding the keeping, maintenance, and possession of dogs, cats, fowl, and other animals and providing for the control, licensing, and welfare thereof, amending Title 17 of the Temecula Municipal Code regarding animal keeping and finding that this ordinance is exempt from the California environmental quality act (CEQA) pursuant to CEQA guidelines section 15061 (b)(3).” ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed project is categorically exempt from environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15061 (b)(3). CASE PLANNER: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: May 4, 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.