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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
NOVEMBER 16, 2022 - 6:00 PM
CALL TO ORDER: Chairperson Gary Watts
FLAG SALUTE: Commissioner Adam Ruiz
ROLL CALL: Hagel, Ruiz, Telesio, Turley-Trejo, Watts
PUBLIC COMMENT
A total of 30 minutes is provided for members of the public to address the 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 October 19, 2022Recommendation:
Page 1
Planning Commission Agenda November 16, 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.Long Range Planning Project Number LR22-0182, Amending Title 5 and 17 of the Temecula
Municipal Code as detailed in Ordinance “2023- ” attached here as Exhibit A, Mark Collins
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 AMENDING TITLES
5 AND 17 OF THE TEMECULA MUNICIPAL CODE TO MAKE
MINOR REVISIONS TO MASSAGE ESTABLISHMENT,
ACCESSORY DWELLING UNIT, CAR WASH, FLAG POLE, AND
CONDITIONAL USE PERMIT REGULATIONS, ESTABLISH
PARKING GARAGE STANDARDS, CLARIFY THE PERMITTED
USES ALLOWED IN THE OPEN SPACE AND OPEN
SPACE-CONSERVATION DISTRICT ZONES, CLARIFY THAT
ENTERTAINMENT LICENSES ARE REQUIRED FOR CERTAIN
USES IN PDO-4 AND PDO-10, MODIFY THE DEFINITION OF
ALCOHOLIC BEVERAGE MANUFACTURER AND GUEST HOUSE,
ADD DEFINITIONS FOR ACTIVE AND PASSIVE RECREATION,
MAKE OTHER CLERICAL REVISIONS TO THE MUNICIPAL CODE
AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION
15061 (B)(3)"
Recommendation:
Page 2
Planning Commission Agenda November 16, 2022
Agenda Report
PC Resolution
Exhibit A - Draft City Council Ordinance
Notice of Public Hearing
Attachments:
3.Planning Application No. PA21-0128, a Second Amendment to the Development Agreement by
and between the City of Temecula and Lennar Homes, Inc., a California Corporation and
Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment
to the Development Agreement and reinstate the original term of the Development Agreement
for the Winchester Property located within portions of Planning Area 12 of the Harveston
Specific Plan, Scott Cooper
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 APPROVING THE
SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TEMECULA AND LENNAR HOMES,
INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND
MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PLANNING APPLICATION
NO. PA21-0128)"
Recommendation:
Agenda Report
Aerial Map
PC Resolution
Exhibit A - Draft City Council Ordinance
Exhibit A - Second Amendment to the Development Agreement
Notice of Exemption
Notice of Public Hearing
Attachments:
COMMISSIONER REPORTS
COMMISSION SUBCOMMITTEE REPORTS
COMMUNITY DEVELOPMENT DIRECTOR REPORT
PUBLIC WORKS DIRECTOR REPORT
Page 3
Planning Commission Agenda November 16, 2022
ADJOURNMENT
The next regular meeting of the Planning Commission will be held on Wednesday, December 7, 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 4
Item No. 1
1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
OCTOBER 19, 2022 - 6:00 PM
CALL TO ORDER at 6:00 PM: Chair Gary Watts
FLAG SALUTE: Commissioner Turley-Trejo
ROLL CALL: Hagel, Ruiz, Telesio (absent), Turley-Trejo, Watts
PUBLIC COMMENT - None
CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Hagel, Second by Ruiz. The
vote reflected unanimous approval with Telesio absent.
1. Minutes
Recommendation: Approve the Action Minutes of September 21, 2022
BUSINESS
2. Receive a Presentation on the Draft Quality of Life Master Plan
Recommendation: That the Planning Commission receive and file the report.
Receive and file only, no action.
PUBLIC HEARING
3. Planning Application No. PA22-0494, a Home Product Review (Development Plan) for Planning
Area 19 of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached single-family
plans with three (3) architectural styles consisting of 16 lots, Scott Cooper
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2022-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA22-0494, A HOME PRODUCT REVIEW FOR PLANNING AREA
19 OF THE RORIPAUGH RANCH SPECIFIC PLAN TO ALLOW FOR
2
FOUR (4) UNIQUE DETACHED SINGLE-FAMILY PLANS WITH
THREE (3) ARCHITECTURAL STYLES CONSISTING OF 16 LOTS,
AND MAKING FINDINGS OF CONSISTENCY WITH THE EIR AND
ADDENDA AND DETERMINING THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15162
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Turley-Trejo, Second by
Ruiz. The vote reflected unanimous approval with Telesio absent.
4. Planning Application No. PA22-0495, a Home Product Review (Development Plan) for Planning
Area 20B of the Roripaugh Ranch Specific Plan to allow for four (4) unique detached
single-family plans with three (3) architectural styles consisting of 23 lots, Scott Cooper
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2022-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA22-0495, A HOME PRODUCT REVIEW FOR PLANNING AREA
20B OF THE RORIPAUGH RANCH SPECIFIC PLAN TO ALLOW
FOR FOUR (4) UNIQUE DETACHED SINGLE-FAMILY PLANS
WITH THREE (3) ARCHITECTURAL STYLES CONSISTING OF 23
LOTS, AND MAKING FINDINGS OF CONSISTENCY WITH THE
EIR AND ADDENDA AND DETERMINING THAT NO FURTHER
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15162
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Turley-Trejo, Second by
Ruiz. The vote reflected unanimous approval with Telesio absent.
5. Planning Application No. PA22-0496, a Home Product Review (Development Plan) for Planning
Area 21 of the Roripaugh Ranch Specific Plan to allow for six (6) unique detached single-family
plans with three (3) architectural styles consisting of 18 lots, Scott Cooper
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2022-30
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA22-0496, A HOME PRODUCT REVIEW FOR PLANNING AREA
21 OF THE RORIPAUGH RANCH SPECIFIC PLAN TO ALLOW FOR
SIX (6) UNIQUE DETACHED SINGLE-FAMILY PLANS WITH
THREE (3) ARCHITECTURAL STYLES CONSISTING OF 18 LOTS,
AND MAKING FINDINGS OF CONSISTENCY WITH THE EIR AND
ADDENDA AND DETERMINING THAT NO FURTHER
3
ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT TO CEQA
GUIDELINES SECTION 15162
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Turley-Trejo, Second by
Ruiz. The vote reflected unanimous approval with Telesio absent.
6. Planning Application Number PA22-0996, a Modification Application to allow for certain
conditions of approval to be amended for a previously approved affordable residential project
generally located approximately 100 feet north of the Main Street and Pujol Street intersection,
Eric Jones
Recommendation: Adopt a resolution entitled:
PC RESOLUTION NO. 2022-31
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA22-0996, A MODIFICATION APPLICATION TO ALLOW FOR
CERTAIN CONDITIONS OF APPROVAL TO BE AMENDED FOR A
PREVIOUSLY APPROVED AFFORDABLE RESIDENTIAL
PROJECT GENERALLY LOCATED APPROXIMATELY 100 FEET
NORTH OF THE MAIN STREET AND PUJOL STREET
INTERSECTION, AND MAKING A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) SECTION 15162, SUBSEQUENT EIRS AND NEGATIVE
DECLARATIONS (APN NOS. 922-053-047, 922-053-048,
922-053-021)
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Hagel, Second by Ruiz.
The vote reflected unanimous approval with Telesio absent.
7. Long Range Project Number LR21-0279, an amendment to the Old Town Specific Plan to revise
certain development standards and land use standards, Eric Jones
Recommendation: Adopt resolutions entitled:
PC RESOLUTION NO. 2022-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
ADDENDUM NO. 2 TO THE OLD TOWN SPECIFIC PLAN
PROGRAM ENVIRONMENTAL IMPACT REPORT (SCH NO.
2009071049)
4
PC RESOLUTION NO. 2022-33
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
ADOPT A RESOLUTION ENTITLED “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING
AMENDMENT NO. 10 TO THE OLD TOWN SPECIFIC PLAN (SP-5)
(LONG RANGE PROJECT NO. LR21-0279)”
Approved the Staff Recommendation (4-0, Telesio absent): Motion by Turley-Trejo, Second by
Ruiz. The vote reflected unanimous approval with Telesio absent.
COMMISSIONER REPORTS
COMMUNITY DEVELOPMENT DIRECTOR REPORT
PUBLIC WORKS DIRECTOR REPORT
ADJOURNMENT
At 7:58 PM, the Planning Commission meeting was formally adjourned to Wednesday, November 2,
2022, at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Gary Watts, Chairperson
Luke Watson, Deputy City Manager
Item No. 2
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: November 16, 2022
PREPARED BY: Mark Collins, Assistant Planner
PROJECT
SUMMARY:
Long Range Planning Project Number LR22-0182, Amending Title 5
and 17 of the Temecula Municipal Code as detailed in Ordinance
“2023-__” attached here as Exhibit A.
RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an
Ordinance amending Titles 5 and 17 of the Temecula Municipal Code
to make minor revisions to massage establishment, accessory dwelling
unit, car wash, flag pole, and conditional use permit regulations,
establish parking garage standards, clarifying the permitted uses
allowed in the Open Space and Open Space-Conservation District
zones, clarify that entertainment licenses are required for certain uses
in PDO-4 and PDO-10, modify the definition of alcoholic beverage
manufacturer and guest house, add definitions for active and passive
recreation, and make other clerical revisions to the Municipal Code.
CEQA: Categorically Exempt
Pursuant to CEQA Guidelines 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, and to make necessary corrections or changes. The proposed amendments to
the Temecula Municipal Code include amendments to Title 5 (Business Licenses and Regulations),
and Title 17 (Zoning). The proposed amendments do not result in any increase in the intensity or
density of any land use above what is currently allowed in accordance with the Municipal Code.
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 (Development Code) of the Temecula Municipal Code. Although not required to be reviewed
by the Planning Commission the proposed amendments to Title 5 but are included in the attached
draft ordinance to provide additional information to the Planning Commission.
2
Listed below is a summary of the proposed changes to Title 5 and 17 of the Municipal Code, each
of which is discussed in greater detailed in the analysis section, which follows:
1. Massage – Require all massage establishments to maintain telephone service capable of
independent dialing and contacting of 911 emergency services.
2. Massage – Clarify the limits of the exemption provision regarding chair massage.
3. Clarify that Open Space “OS” and Open Space Conservation “OS-C” zoning designations
permit specified passive recreation activities.
4. Modify Table 17.14.030 Schedule of Permitted Uses
5. Specific Plan (SP) Numbering – Update SP numbers
6. Update Planned Development Overlay 4 (PDO-4) 4 & 10 to comply with Live
Entertainment License (Ord. 22-06)
7. ADU Definition – Consolidate terms: guest house, and secondary dwelling unity.
8. Guest House – Clarify that ADU’s will be used in place of Guest house and Secondary
dwelling unit for residential accessory uses.
9. ADU Equipment and Separate Conveyance – Clarify that all utility equipment must be
screened from public view and that ADUs may be separately conveyed under certain
circumstances.
10. Conditional Use Permit (CUP) – Require physical posting of CUP’s that permit the onsite
consumption of alcohol.
11. Communication and Microwave Installations – Clarify that such uses are not an approved
use in any Open Space or Open Space-Conservation Zoning designation.
12. Car Wash – Update the Supplemental Development Standards to clarify the two hundred
(200) foot separation from residential zones includes all noise generating equipment and
areas of operation.
13. Alcoholic Beverage Manufacturers – Update definition to allow a single food truck as an
accessory use, subject to Riverside County Ordinance No. 580.
14. Add definitions for Active and Passive Recreation.
15. Implement Parking Garage Standards – Implement specific requirements for the
construction and safe operation of parking garages.
16. Flagpole Height – Add reference for flagpole height limits in commercial zones.
3
17. Modify Table 17.03.010 – Require all modifications to a CUP go before a public hearing
(Directors Hearing) minimum.
18. Adult Oriented Business – Correct reference in Table 17.08.030
ANALYSIS
Outlined below is the explanation for the proposed amendments:
1. Massage – Operations Section 5.22.080
Although every business operates with some risk involved, those risks are potentially
exacerbated for businesses whose primary function is personal physical contact and body
manipulation. Currently, there is no requirement for massage establishments to obtain or
maintain a form of telephone service for contacting first responders in the event of an
emergency. In effort to address the increased risk to these businesses, the proposed
ordinance would require all massage establishments, including exempt massage
establishments, to establish and maintain telephone service capable of dialing out to
emergency services, specifically 911.
2. Massage – Exemptions Section 5.22.120
The proposed ordinance would clarify that although exempt from the maximum number of
traditional massage establishments allowed by Chapter 5.22, all other requirements for
massage establishments are applicable and enforceable to include CAMTC certification,
and Police Department review. Additionally, the proposed ordinance clarifies that in no
case shall a chair massage establishment transition or transfer to a traditional massage
establishment. A new massage establishment permit shall be required.
3. Conservation District (OS-C) – Definition update 17.14.020
The proposed ordinance would specify that passive recreation uses are permitted within
the OS-C district and clarifies that profit generating activities are not permitted on a more
than temporary basis.
4. Permitted Uses – Open Space/Recreation/Conservation Table 17.14.030
The proposed ordinance would clarify that Bicycle Paths are a permitted use within the
Open Space and Open Space-Conservation Zoning District.
5. Update Specific Plan Numbers – Approved Specific Plans Section 17.16.070
Update the list of approved specific plans with the correct previous specific plan numbers
for Specific Plan No. 1 and Specific Plan No. 8. Additionally, it would add: Specific Plan
No. 14 “Uptown Temecula” and Specific Plan No. 15 “Altair.”
4
6. Live Entertainment – Planned Development Overlay District No. 4 Table 17.22.136B
Ordinance 2022-06 “Live Entertainment” was passed unanimously by the City Council on
April 15, 2022, and regulates live entertainment through the issuance of live entertainment
licenses from the City. The proposed ordinance would modify Table 17.22.136B to require
restaurants with a lounge or live entertainment to comply with the provisions of Chapter
17.10 Supplemental Development Standards, Chapter 9.10 Entertainment License and
Chapter 9.11 Regulation of Private Security Operators. Additionally, it would clarify that
the restaurant must be a bona fide eating establishment and cannot including dancing.
7. Live Entertainment – Planned Development Overlay District No. 10 Table 17.22.216B
Ordinance 2022-06 “Live Entertainment” was passed unanimously by the City Council on
April 15, 2022 and regulates live entertainment through the issuance of live entertainment
licenses from the City. The proposed ordinance would modify Table 17.22.216B to require
restaurants with a lounge or live entertainment to comply with the provisions of Chapter
17.10 Supplemental Development Standards, Chapter 9.10 Entertainment License and
Chapter 9.11 Regulation of Private Security Operators. Additionally, it would clarify that
the restaurant must be a bona fide eating establishment and cannot including dancing.
8. Definition Consolidation – “Accessory Dwelling Unit” 17.23.010
This ordinance would consolidate the definition of guest house and secondary dwelling
units into the single definition of Accessory Dwelling Unit (ADU). These secondary and
guest dwellings were a permitted by right accessory land use to most residential districts.
With the adoption of ADU laws over recent years, the definitions have begun to overlap
and differ in key areas causing confusion among citizens, renters, and developers.
Consolidating residential habitable accessory structures into the new ADU definition,
expands the potential to develop residential units within the City ensuring that the
additional units constructed are counted toward Temecula’s Regional Housing Needs
Allocation (RHNA).
9. Guest House – Remove Guest House as an approved residential use Table 17.06.030 and
17.06.050(A)
The proposed ordinance removes Guest House as an approved accessory residential land
use. With the implementation of ADU laws in recent years there is a need to consolidate
these new uses with existing uses to prevent any conflicts. This will be accomplished by
using the ADU definition across all accessory residential uses and removing “guest house”
and “secondary dwelling unit” as permitted land uses and, in its place, using ADU’s. These
ADU’s come with added benefits to the applicant by expanding the properties able to
construct such a unit and in reduced fees, along with easing of development standards.
Additionally, this change would ensure that the additional units constructed are counted
toward Temecula’s Regional Housing Needs Allocation (RHNA).
5
10. Equipment Screening and Separate Conveynace – Accessory Dwelling Unit Section
17.23.050.
The proposed ordinance would clarify that all utility equipment, including window
equipment such as air conditioning units or swamp coolers must be screened from the public
right-of-way. Furthermore, in accordance with AB-345, the proposed ordinance allows
separate conveyance of an ADU subject to specific requirements and recorded
covenants/restrictions.
11. On site posting of Conditional Use Permits – Conditional Use Permit Section 17.04.010
The proposed ordinance would require the physical posting of all Conditional Use Permits
that include onsite alcohol consumption to include all conditions of approval and must be
presented to law enforcement or city staff upon request.
12. Communication Uses – Table 17.14.030
The proposed ordinance would clarify that Communication and Microwave Installations
are not permitted in any Open Space Zoning District.
13. Separation Clarification – Supplemental Development Standards Section 17.10.020
The proposed ordinance would clarify that the existing two hundred (200) foot separation
of car wash businesses from residential districts is to include separation from: vacuum
equipment, vehicle drying units, air compressors, electric or hydraulic/pneumatic motors,
parking aprons and drive isles.
14. Definition Clarification – Alcoholic Beverage Manufacturing Section 17.34.010
The proposed ordinance would modify the definition of “alcoholic beverage
manufacturing” to allow the existing approved accessory uses to include 1 (one) mobile
food facility or “food truck” at a permitted alcohol beverage manufacturing establishment,
subject to the requirements of Riverside County Ordinance 580.
15. Add Passive and Active Recreation Definition – Definitions 17.34.010
The proposed ordinance would add definitions for active and passive recreational uses.
This change is necessary to clarify what activities are permitted or restricted in open space
zoning districts.
16. Parking Garages – Implement standards for parking garages
The proposed ordinance would add standards for parking garages. These standards aim to
apply what the City has learned in regard to parking garages to ensure safe, efficient and
secure parking garages.
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17. Flagpole height – Exempt Signs – 17.28.050
The proposed ordinance would add a reference to the height limit for flag poles specified
in Section 17.08.050(H), which is seventy-five (75) feet.
18. Planning and Zoning Approval Authority – Table 17.03.010
The proposed ordinance would amend Table 17.03.010 to require all modification
applications to CUP’s go before a public hearing. Currently minor modifications can be
approved ministerially.
19. Adult Oriented Businesses – Correct a reference in Table 17.08.030
The proposed ordinance would correct the internal Municipal Code reference for adult
businesses to prevent future confusion surrounding adult oriented businesses.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Press Enterprise on November 4, 2022.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review.
This ordinance is exempt from the California Environmental Quality Act (CEQA) as there is no
possibility the proposed ordinance would have a significant impact on the environment pursuant
to State CEQA Guidelines Section 15061(b)(3). The Code Amendments impose regulations on
existing uses, but do not increase the intensity or density of any land use or allow any development
where it was not otherwise permitted. 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.
The majority of the Code Amendments do not create or allow new uses where they were not
previously allowed. Only the revisions to the Open Space (OS) and Open Space-Conservation
(OS-C) Zoning districts impact the use of land. The Code Amendments clarify that
communication and microwave installation are not permitted uses in the OS-C zoning designation
but that bicycle paths are a permitted use. The Code Amendments also clarify that OS and OS-C
Zoning includes passive recreational uses and defines passive and active recreation. These uses
are consistent with the types of uses permitted in the OS and OS-C Zoning districts and, therefore,
will not have an impact on the environment. A Notice of Exemption will be prepared and will be
filed in accordance with CEQA and the State CEQA Guidelines.
ATTACHMENTS: 1. PC 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 AMENDING TITLES 5
AND 17 OF THE TEMECULA MUNICIPAL CODE TO
MAKE MINOR REVISIONS TO MASSAGE
ESTABLISHMENT, ACCESSORY DWELLING UNIT, CAR
WASH, FLAG POLE, AND CONDITIONAL USE PERMIT
REGULATIONS, ESTABLISH PARKING GARAGE
STANDARDS, CLARIFY THE PERMITTED USES
ALLOWED IN THE OPEN SPACE AND OPEN SPACE-
CONSERVATION DISTRICT ZONES, CLARIFY THAT
ENTERTAINMENT LICENSES ARE REQUIRED FOR
CERTAIN USES IN PDO-4 AND PDO-10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER AND GUEST HOUSE, ADD
DEFINITIONS FOR ACTIVE AND PASSIVE
RECREATION, MAKE OTHER CLERICAL REVISIONS
TO THE MUNICIPAL CODE AND MAKE A FINDING OF
EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) GUIDELINES SECTION 15061
(B)(3)”
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of
Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the Temecula Municipal
Code.
B. The Planning Commission, at a regular meeting, considered the proposed
amendments to Title 5 (Business Licenses and Regulations) and Title 17 (Zoning) of the
Temecula Municipal Code on November 16, 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 opposition to this matter.
C. The proposed amendments to Title 5 and 17 are consistent with the City of
Temecula General Plan, and each element thereof.
D. 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.
Except for the amendments pertaining to the Open Space (OS) and Open Space-
Conservation (OS-C) Zoning districts, none of the proposed Code Amendments impact
the types of uses allowed in City. The Code Amendments clarify that communication
and microwave installation are not permitted uses in the OS-C zoning designation but
that bicycle paths are a permitted use in the OS and OS-C Zoning districts. The Code
Amendments also clarify that OS and OS-C Zoning districts allow passive recreational
uses and defines passive and active recreation. These uses are consistent with the Open
Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and guidelines
of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and
guidelines of the elements of the General Plan. The proposed changes allow for the
separate conveyance of an ADU as well other revisions to ADU regulations is consistent
with Goal 2 of the Growth Management/Public Facilities Element of the Temecula
General Plan, which is to ensure “Orderly, and efficient patterns of growth that enhance
quality of life for Temecula residents.” As a relatively new home product type, ADU’s
further Policy 2.5 of the Growth Management/Public Facilities element of the General
Plan that states, “Encourage new development that helps create and maintain a balance
between jobs and housing opportunities.” The proposed changes to specifically allow
bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the Open
Space/Conservation Element of the General Plan, which is to ensure “Development of a
trail system that serves both recreational and transportation needs.” The proposed
changes to PDO 4 and 10 to expressly provide that restaurants with live entertainment
must comply with the Entertainment License and Private Security Operator requirements
of the Municipal Code are consistent with Goal 3 of the Noise Element of the Temecula
General Plan, which is to “Minimize the impact of noise levels throughout the
community through land use planning.” The proposed addition of parking garage
standards is consistent with Goal 7 of the Circulation Element of the General Plan which
is to ensure “An adequate supply of private and public parking to meet the needs of
residents and visitors to the City.” The remaining proposed amendments to the Temecula
Municipal Code are minor clarifications and a correction of typographical edits and do
not result in an inconsistency between the Temecula Municipal Code and the adopted
General Plan.
3. The proposed uses are 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. The majority of the
Code Amendments do not create or allow new uses where they were not previously
allowed. Only the revisions to the Open Space-Conservation (OS-C) and Open Space
(OS) Zoning districts impact the use of land. The Code Amendments clarify that
communication and microwave installation are not permitted uses in the OS-C zoning
designation but that bicycle paths are a permitted use in the OS-C and OS Zoning
districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent
with the types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed Ordinance No. 2023- 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
Code Amendments impose regulations on existing uses, but do not increase the intensity or
density of any land use or allow any development where it was not otherwise permitted. 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. The majority of the Code Amendments do
not create or allow new uses where they were not previously allowed. Only the revision s to the
Open Space (OS) and Open Space-Conservation (OS-C) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use. The Code
Amendments also clarify that OS and OS-C Zoning includes passive recreational uses and
defines passive and active recreation. These uses are consistent with the types of uses permitted
in the OS and OS-C Zoning districts and, therefore, will not have an impact on the environment.
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. LR22-0182, a proposed
Citywide Ordinance in substantially the same form 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 16th day of November 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 16th day of
November, 2022, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
Luke Watson
Secretary
1
ORDINANCE NO. 2023-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLES 5 AND 17 OF THE
TEMECULA MUNICIPAL CODE TO MAKE MINOR
REVISIONS TO MASSAGE ESTABLISHMENT,
ACCESSORY DWELLING UNIT, CAR WASH, FLAG POLE,
AND CONDITIONAL USE PERMIT REGULATIONS,
ESTABLISH PARKING GARAGE STANDARDS, CLARIFY
THE PERMITTED USES ALLOWED IN THE OPEN SPACE-
CONSERVATION DISTRICT ZONE, CLARIFY THAT
ENTERTAINMENT PERMITS ARE REQUIRED FOR
CERTAIN USES IN PDO-4 AND PDO-10, MODIFY THE
DEFINITION OF ALCOHOLIC BEVERAGE
MANUFACTURER AND GUEST HOUSE, ADD
DEFINITIONS FOR ACTIVE AND PASSIVE RECREATION,
MAKE OTHER CLERICAL REVISIONS AND MAKE A
FINDING OF EXEMPTION UNDER CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES
SECTION 15061 (B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. City staff identified the need to make minor revisions and clarifications to portions
of Title 5 (Business Licenses and Regulations), and Title 17 (Zoning) of the Temecula Municipal
Code.
B. As required by State law, the Planning Commission considered the proposed
amendments to Title 17 (Zoning) of the Temecula Municipal Code (“Code Amendments”) on
November 16, 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 of or opposition
to this matter.
C. At the conclusion of the Planning Commission hearing and after due consideration
of the testimony, the Planning Commission adopted Planning Commission Resolution No. 2022-
__, recommending that the City Council approve the Code Amendments.
D. The City Council, at a regular meeting, considered the Ordinance o n January 24,
2023, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and
interested persons had an opportunity to and did testify either in support or opposition to this
matter.
2
E. Following the public hearing, the Cit y Council considered the entire record of
information received at the public hearings before the Planning Commission and City Council.
Section 2. Further Findings. The City Council, in approving the proposed
Ordinance, hereby makes the following additional findings as required by Section 17.01.040
(“Relationship to General Plan”) of the Temecula Municipal Code:
1. The proposed uses are 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.
Except for the amendments pertaining to the Open Space (OS) and Open Space-
Conservation (OS-C) Zoning districts, none of the proposed Code Amendments change the types
of uses allowed in City. The Code Amendments clarify that communication and microwave
installation are not permitted uses in the OS-C zoning designation but that bicycle paths are a
permitted use in the OS and OS-C Zoning districts. The Code Amendments also clarify that OS
and OS-C Zoning districts allow passive recreational uses and defines passive and active
recreation. These uses are consistent with the Open Space land use designation.
2. The proposed uses are in conformance with the goals, policies, programs and
guidelines of the elements of the general plan.
The proposed changes to Title 17 conform with the goals, policies, programs and guidelines
of the elements of the General Plan. The proposed changes allow for the separate conveyance of
an ADU as well other revisions to ADU regulations is consistent with Goal 2 of the Growth
Management/Public Facilities Element of the Temecula General Plan, which is to ensure “Orderly,
and efficient patterns of growth that enhance quality of life for Temecula residents.” As a
relatively new home product type, ADU’s further Policy 2.5 of the Growth Management/Public
Facilities element of the General Plan that states, “Encourage new development that helps create
and maintain a balance between jobs and housing opportunities.” The proposed changes to
specifically allow bike paths in the OS and OS-C zoning districts are consistent with Goal 8 of the
Open Space/Conservation Element of the General Plan, which is to ensure “Development of a trail
system that serves both recreational and transportation needs.” The proposed changes to PDO 4
and 10 to expressly provide that restaurants with live entertainment must comply with the
Entertainment License and Private Security Operator requirements of the Municipal Code are
consistent with Goal 3 of the Noise Element of the Temecula General Plan, which is to “Minimize
the impact of noise levels throughout the community through land use planning.” The proposed
addition of parking garage standards is consistent with Goal 7 of the Circulation Element of the
General Plan which is to ensure “An adequate supply of private and public parking to meet the
needs of residents and visitors to the City.” The remaining proposed amendments to the Temecula
Municipal Code are minor clarifications and a correction of typographical edits and do not result
in an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed uses are to be established and maintained in a manner which is consistent
with the general plan and all applicable provisions contained therein.
3
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. The majority of the Code Amendments
do not create or allow new uses where they were not previously allowed. Only the revisions to the
Open Space-Conservation (OS-C) and Open Space (OS) Zoning districts impact the use of land.
The Code Amendments clarify that communication and microwave installation are not permitted
uses in the OS-C zoning designation but that bicycle paths are a permitted use in the OS-C and OS
Zoning districts. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS-C Zoning district.
Section 3. Environmental Findings. The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
(“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because
it can be seen with certainty that there is no possibility that the Code Amendments would have a
significant impact on the environment. The Code Amendments impose regulations on existing
uses, but do not increase the intensity or density of any land use or allow any development where
it was not otherwise permitted. 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. The
majority of the Code Amendments do not create or allow new uses where they were not previously
allowed. Only the revisions to the Open Space (OS) and Open Space-Conservation (OS-C) Zoning
districts impact the use of land. The Code Amendments clarify that communication and
microwave installation are not permitted uses in the OS-C zoning designation but that bicycle paths
are a permitted use. The Code Amendments also clarify that OS and OS-C Zoning includes passive
recreational uses and defines passive and active recreation. These uses are consistent with the
types of uses permitted in the OS and OS-C Zoning districts and, therefore, will not have an impact
on the environment. The City Council hereby directs that a Notice of Exemption be filed in
accordance with CEQA and the State CEQA Guidelines.
Section 4. Subsection A.7 of Section 5.22.120 (Exemptions.) of Chapter 5.22
(Massage and Massage Establishments) of Title 5 (Business License and Regulations) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text), with all other provisions of Section 5.22.120 remaining unchanged:
“7. Chair massage,” i.e., massage of the body from the waist up, to a person seated in a
chair, provided that the massage is performed in an area that is within public view;
a. Chair massage businesses are exempt from the maximum number of massage
establishments as specified in Section 5.22.050 of this chapter.
b. All other requirements of this chapter are applicable to all chair massage businesses
except those items that are expressly not deemed applicable to chair massage
businesses as determined by the Chief of Police in written form.
c. In no case will a chair massage business be eligible to convert their existing business
into a traditional massage establishment. A new massage business license would be
required.”
4
Section 5. Subsection “27” (Emergency Communication) is hereby added to
Subsection B (Operations) of Section 5.22.080 (Requirements applicable to the operation of
massage establishments.) of Chapter 5.22 (Massage and Massage Establishments) of Title 5
(Business License and Regulations) of the Temecula Municipal Code to read as follows (with
additions appearing in underlined text), with all other provisions of Section 5.22.080 remaining
unchanged:
27. Emergency Communication. Each massage establishment shall have and maintain a
dedicated telecommunication device physically at the business location with an assigned
telephone number capable of receiving incoming calls and dialing out to emergency
services, specifically 911.”
Section 6. Subsection “C” (Conservation District (OS-C)) of Section 17.14.020 (Open
space/recreation districts.) of Chapter 17.14 (Open Space/Recreation/Conservation Districts) of
Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with
additions appearing in underlined text), with all other provisions of Section 17.14.020 remaining
unchanged:
“C. Conservation District (OS-C). The conservation zoning district is intended for those
lands that should remain in a natural state as much as feasible without intrusions from
active recreational uses. Improvements may be made to these areas to allow for passive
recreational uses or for control of erosion, geologic stability, or other public safety
purposes. The construction of buildings or other habitable structures is not permitted. No
profit-generating activities are intended for this zoning district on more than a temporary
basis.”
Section 7. Table 17.14.030 (Schedule of Permitted Uses – Open Space) of Section
17.14.030 (Use regulations.) of Chapter 17.14 (Open Space/Recreation/Conservation Zoning
Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as
follows (with deletions appearing in strikethrough text and additions appearing in underlined text),
with all other provisions of Section 17.14.030 remaining unchanged:
Table 17.14.030
Schedule of Permitted Uses—Open Space
Schedule of Uses PR OS OS-C OS-C-SM
Agricultural uses - C C -
Athletic field P - - -
Bicycle paths P P C P C -
Campground C - - -
Caretakers quarters C C C -
Cemeteries, mausoleums and related uses C C - -
Communications and microwave installations1 - - - -
5
Table 17.14.030
Schedule of Permitted Uses—Open Space
Schedule of Uses PR OS OS-C OS-C-SM
Flood control structures C C C C
Game courts, badminton, tennis, racquetball P C - -
Golf driving range not part of a golf course C C - -
Golf course and clubhouse C C - -
Golf course resort (including accessory visitor supporting
accommodations and commercial uses, such as hotels,
fractional ownership units, day spa, restaurants and
conference center)
C - - -
Government and public utility facilities C C C C
Gymnasium C - - -
Commercial marijuana activities - - - -
Marijuana cultivation2 1 - - - -
Nature centers/exhibits P C C -
Nurseries - C - -
Outdoor exhibits P P P -
Picnic group facilities C C - -
Private parks and recreation facilities P C - -
Parking areas C C C -
Public parks and recreation facilities P C - -
Recreational vehicle park - C - -
Riding stable, public or private C C C -
Shooting galleries, ranges, archery courses - C - -
Single-family dwellings (1 unit per 40 acres) - P C -
Tree farms - C - -
Note:
1. All development subject to the standards set forth in Section 17.06.080.
2.1. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses
everywhere in the city including all zoning districts, specific plan areas, overlay zones and planned development zones and
shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula
Municipal Code.
Section 8. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34
(Definition of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
read as follows (with deletions appearing in strikethrough text and additions appearing in
underlined text) with all other provisions of Section 17.34.010 remaining unchanged:
6
“Accessory dwelling unit” means an attached or detached residential dwelling unit on a
lot with an existing single-family residence (primary residence) that provides complete
independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel that the
single-family dwelling is situated. “Accessory dwelling unit” or “ADU” has the same
meaning ascribed in Government Code section 65852.2, as the same may be amended
from time to time. “Accessory dwelling unit” includes an “Efficiency Unit” as defined in
Health and Safety Code Section 17958.1 and a “Manufactured Home” as defined in
Health and Safety Code Section 18007.
“Alcoholic beverage manufacturing” means an establishment that produces or
manufactures alcoholic beverages and is licensed by the Department of Alcoholic Beverage
Control of the State of California. These types of establishments may: (1) sell alcohol that
is produced or manufactured on the alcoholic beverage manufacturer’s licensed premises
for on-sale or off-sale consumption; (2) include accessory uses such as tours, specialty
dinners, food pairings, retail sales, and/or on-site consumption; and (3) include tasting
rooms. Typical uses include breweries, distilleries and wineries.
Accessory uses may include one (1) “mobile food facility,” sometimes referred to
as a “food truck,” as defined by Riverside County Ordinance 580, as may be
amended from time to time. Said mobile food facility shall be subject to and
required to comply with the provisions of all City, County, State, and Federal
regulations applicable to mobile food facilities and maintain all current licenses,
insurance, permits and/or approvals required from such regulations and presented
to law enforcement or city staff upon request.
“Guest house” means an additional structure to a primary residence on a parcel zoned for
single-family residential, designed to provide accommodations for visitors, attached or
detached, but shall not be utilized as an accessory dwelling unit, and shall not contain
provisions for the preparation of food, cooking, facilities or wet bar. A guest house shall
not exceed one thousand two hundred square feet in area and shall contain a bathroom
with a toilet, sink, and a bathtub and/or shower if it is over eight hundred square feet.
shall have the same definition as “Accessory Dwelling Unit” or “ADU.”
“Recreation Uses, Active” means the typical recreational activities that are offered in a
developed community park, such as baseball, soccer and pickleball as well as swimming,
camping, marinas, health resorts and retreat centers that offer similar activities in an indoor
setting. These uses require considerable physical infrastructure and are dependent upon
significant utilities to operate.
“Recreation Uses, Passive” means low intensity outdoor activities such as walking, hiking,
bicycling, picnicking, nature education and bird watching. These uses do not require
substantial infrastructure and require little to no utilities to operate.
7
Section 9. Section 17.16.070 (Approved Specific Plans) of Chapter 17.16 (Specific
Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows (with deletions appearing in strikethrough text and additions appearing
in underlined text):
The following specific plans have been approved by the city and are designated on the official
zoning map of the city:
SP-1 Roripaugh Estates (previous reference: SP No. 149164)
SP-2 Rancho Highlands (previous reference: SP No. 180)
SP-3 Margarita Village (previous reference: SP No. 199)
SP-4 Paloma del Sol (previous reference: SP No. 219)
SP-5 Old Town
SP-6 Campos Verdes (previous reference: SP No. 1)
SP-7 Temecula Regional Center (previous reference: SP No. 263)
SP-8 Village West (superseded by SP-15)
SP-9 Redhawk (previous reference: SP No. 217)
SP-10 Vail Ranch (previous reference: SP No. 223)
SP-11 Roripaugh Ranch
SP-12 Wolf Creek
SP-13 Harveston
SP-14 Uptown Temecula
SP-15 Altair
Section 10. Table 17.22.136B (Schedule of Permitted Uses) of Section 17.22.134 (Use
regulations.) of Article V (Temecula Creek Village Planned Development Overlay District-4) of
Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with additions appearing in
underlined text) with all other provisions of Table 17.22.136B remaining unchanged:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4-
Description of Use PDO-
4R
PDO-
4V6
R
Radio and broadcasting studios, offices P -
Radio/television transmitter - -
Recreational vehicle park - -
Recreational vehicle sales - -
8
Recreational vehicle, trailer, and boat storage within an enclosed
building - -
Recreational vehicle, trailer and boat storage-exterior yard - -
Recycling collection facilities - -
Recycling processing facilities - -
Religious institution, without a day care center or educational
institution C -
Religious institution, with an educational institution C -
Religious institution, with a day care center C -
Residential (one dwelling unit on the same parcel as a commercial
or industrial use for use of the proprietor of the business) - -
Residential, multiple-family housing - -
Restaurant with drive-through window - -
Restaurants and other eating establishments
(with or without the sale of beer and wine) P P4
Restaurants and other eating establishments
(with the sale of beer, wine and distilled spirits) - C4
Restaurant (bona fide public eating establishment) with lounge or
live entertainment (not including dancing)7,8 - C4
Retail support use (15 percent of total development square footage
in BP and LI) - -
Rooming and boarding houses - -
Notes:
1. The CUP will be subject to Section 17.10.020(B) special standards for the sale of alcoholic beverages.
2. Subject to the requirements of Chapter 17.40 of the Temecula Municipal Code.
3. In PDO-4, all senior housing residential projects shall use the development and performance standards for the high
density residential zone and the provisions contained in Section 17.06.050(H).
4. The size of the use or activity is limited to 5,000 square feet.
5. Outdoor entertainment in conjunction with an eating establishment is permitted provided that the outside noise
levels do not interfere with off-site conversation.
6. Drive through facilities are not allowed in the village planning area.
Retail/support commercial planning area is identified as PDO-4R.
Village commercial planning area is identified as PDO-4V.
Multifamily planning areas A and B use the high density column in Table 17.06.030.
7. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
8. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators)
9
Section 10. Table 17.22.216(B) (Schedule of Permitted Uses) of Section 17.22.216
(Use regulations.) of Article XI (Temecula Education Center Planned Development Overlay
District -10) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions
appearing in underlined text) with all other provisions of Table 17.22.216(B) remaining
unchanged:
Table 17.22.216(B)
Schedule of Permitted Uses
Temecula Education Center Planned Development Overlay District-10
Description of Use PDO-10
R
Radio and broadcasting studios, offices P
Recycling collection facilities C
Religious facilities P
Religious institution, with a daycare center P
Religious institution, with an educational institution C
Religious institution, without a daycare center or educational institution C
Residential, multiple-family housing P
Residential-senior housing C
Restaurants and other eating establishments P
Restaurants (bona fide public eating establishment) with lounge or live
entertainment (not including dancing)3,4
C
Notes:
1. The CUP will be subject to Section 17.10.020(B), special standards for the sale of alcoholic beverages.
2. Subject to citywide antenna standards.
3. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
4. Subject to Chapter 9.10 (Entertainment License) and Chapter 9.11 (Regulation of Private Security Operators)
Section 11. Section 17.23.020 (Definitions.) of Chapter 17.23 (Accessory Dwelling
Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows
(with additions appearing in underlined text) with all other provisions of Section 17.23.020
remaining unchanged:
“Accessory dwelling unit” or “ADU” has the same meaning ascribed in Government Code
section 65852.2, as the same may be amended from time to time. Accessory dwelling unit includes
an “Efficiency Unit” as defined in Health and Safety Code Section 17958.1 and a “Manufactured
Home” as defined in Health and Safety Code Section 18007.
10
Section 12. 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
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text and additions appearing in underlined text) with all other provisions of Table 17.06.030
remaining unchanged:
17.06.030 Use regulations.
The list of land uses on Table 17.06.030 shall be permitted in one or more of the residential
zoning districts as indicated in the columns corresponding to each residential zoning district.
Where indicated with a letter “P” the use shall be a permitted use. Where indicated with a “-,”
the use is prohibited within the zone. A letter “C” indicates the use shall be conditionally
permitted subject to the approval of a conditional use permit.
Table 17.06.030
Residential Districts
Description of Use HR RR VL L-
1
L-
2
LM M H HR-SM9
Residential
Single-family detached P P P P P P P - P
Duplex (two-family dwellings) - - - -
2,13 -
2,13 -2,13 P13 P13 -
Single-family attached (greater than two
units) - - - - - P P P -
Multifamily - - - - - - P13 P13 -
Manufactured homes P P P P P P P P P
Mobilehome park - - C8 C C C C C -
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(six or fewer)
P P P P P P P P P
Facilities for the mentally disordered,
disabled, or dependent or neglected children
(seven to twelve)
C C C C C C P P C
Alcoholism or drug abuse recovery or
treatment facility (six or fewer) P P P P P P P P P
Alcoholism or drug abuse recovery or
treatment facility (seven or more) C C C8 C C C P P C
Residential care facilities for the elderly (six
or fewer) P P P P P P P P P
Residential care facilities for the elderly
(seven or more) C C C C C C P P C
Residential care facilities (six or fewer) P P P P P P P P P
Residential care facilities (seven or more) C C C C C C C P C
Congregate care residential facilities for the
elderly6 - - - - P P P P -
Boarding, rooming and lodging facilities - - - - - - C C -
Accessory dwelling units4 P P P P P P P P P
Guest house P P P P P P P4 P4 P
Family day care homes—small and large P P P P P P P P P
11
Day care centers C C C C C C C C C
Bed and breakfast establishments6 C C C C C C C C C
Emergency shelters C C C8 C C C P P C
Transitional housing1 P P P P P P P P P
Supportive housing1 P P P P P P P P P
Efficiency units - - - - - - P P -
Notes:
1. Subject to the provisions of Section 17.06.050(I) of this chapter.
2. A duplex or two-family dwelling may be permitted on corner lots with a planned
development overlay pursuant to the provisions of Chapter 17.22 of this title.
3. Subject to the provisions of Section 17.24.020(D)(2) of this title.
4. Allowed only with a single-family residence. Subject to the provisions of Chapter 17.23 of
this code.
5. The director of planning shall have the discretion to waive submittal of an administrative
development plan, if it is determined that the construction trailer will not have an adverse impact
on adjacent residences or businesses.
6. Subject to the supplemental development standards contained in Chapter 17.10 of this title.
7. Not used.
8. These uses are not permitted within the Nicolas Valley rural preservation area, as identified
in Figure LU-5 of the land use element of the general plan.
9. Development within the HR-SM zoning district is subject to Section 17.06.080, Hillside
development standards.
10. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other
purposes, are prohibited uses everywhere in the city including all zoning districts, specific plan
areas, overlay zones and planned development zones and shall be prohibited uses, except as
otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal
Code.
11. Legal nonconforming single-family residences will be permitted to construct accessory
dwelling units if they meet the requirements of this Section 17.06.050(L).
Section 13. Table 17.06.050A (Accessory Structures Setbacks for the HR, RR, VL, L-
1, L-2, LM, M and H Zoning Districts) of Section 17.06.050 (Special use standards and
regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough
text) with all other provisions of Table 17.06.050A remaining unchanged:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard1
Carports Not permitted 5 ft. min. for support
columns
5 ft. min. for support
columns
12
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard1
Detached guest house6 Not permitted in the
actual front yard4
Refer to the rear yard
setbacks in
Table 17.06.040
Refer to the side yard
setbacks in
Table 17.06.040
Garage 20 ft. (Entrance faces
street)
5 ft. min., but no less than
15 ft. from centerline of
alley
5 ft. min.
10 ft. (Entrance from side
not facing front yard)
Storage/utility enclosure Not permitted 3 ft. 3 ft.
Swimming pool3 Not permitted3 5 ft. to water’s edge 5 ft. to water’s edge
Swimming pool
equipment
Not permitted3 3 ft. 3 ft.
Spa Not permitted3 3 ft. to water’s edge 3 ft. to water’s edge
Antennas Not permitted 5 ft. 5 ft.
Gazebo/garden structure Not permitted 5 ft. 5 ft. if interior side yard
10 ft. if street side yard on
corner lot
Solar collector (ground
mounted)
Not permitted in front
yard
10 ft. 0 in. 10 ft. 0 in.
Decks (not to exceed 36
inches above the ground)
Not permitted 5 ft. min. 5 ft. min.
Roof decks Must meet district development standards (i.e. setbacks, height, lot coverage, etc.)
Patio covers measured at
vertical supports
15 ft. 5 ft. min. 5 ft. min.
Notes:
1. On a corner lot, accessory structures are not permitted, unless otherwise noted above.
2. Accessory structures with walls must be separated from other accessory and primary
structures by at least six feet.
3. Swimming pools, spas and pool and spa equipment in the VL, RR and HR zoning districts
may be located in the front yards as outlined in Section 17.06.050(E).
4. Guest house in the L-1, VL, RR and HR zoning districts may be located in the actual front
yard and shall be compatible with the design of the primary dwelling and the surrounding
neighborhood in terms of height, bulk and mass, landscaping, and architectural materials, shall
be subject to the residential performance standards as outlined in Section 17.06.070, and subject
to the front yard setback requirements in Table 17.06.040.
5. Only one detached guest house shall be permitted on any one lot with a single-family
dwelling.
Section 14. Table 17.22.116 (Schedule of Permitted Uses) of Section 17.22.116 (Use
regulations) of Article III (Margarita Road Planned Development Overlay District-2) of Chapter
17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in
strikethrough text and additions appearing in underlined text) with all other provisions of Table
17.22.116 remaining unchanged:
13
Table 17.22.116
Schedule of Permitted Uses
Margarita Road Planned Development Overlay District-2
Description of Use PDO-2
Residential
Accessory Dwelling Unit (ADU) P3
Single-family detached P1
Duplex (two-family dwellings) P1
Single-family attached (greater than two units) P
Multiple-family P
Manufactured homes P
Mobilehome park -
Facilities for the mentally disordered, disabled or dependent or neglected children
(six or fewer) P
Facilities for the mentally disordered, disabled or dependent or neglected children
(seven to twelve) P
Alcoholism or drug abuse recovery or treatment facility (six or fewer) P
Alcoholism or drug abuse recovery or treatment facility (seven or more) P
Residential care facilities for the elderly (six or fewer) P
Residential care facilities for the elderly (seven or more) P
Congregate care residential facilities for the elderly P
Boarding, rooming and lodging facilities C
Secondary dwelling units -
Guest house P3
Family day care homes—small P
Family day care homes—large P
Day care centers C
Bed and breakfast establishments -
Emergency shelters P
Transitional housing P
Notes:
14
1. Detached residential or zero lot-line units, duplexes and two-family dwellings are
permitted only with the approval of the planning commission.
2. Subject to the provisions of Section 17.24.020(D)(2).
3. Allowed only with a single-family residence. Subject to the provisions of Chapter 17.23
of this code.
4. The community development director shall have the discretion to waive submittal of an
administrative development plan if it is determined that the construction trailer will not have
an adverse impact on adjacent residences or businesses.
Section 15. Section 17.23.050 (ADU standards.) of Chapter 17.23 (Accessory Dwelling
Units) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows
(with deletions appearing in strikethrough text and additions appearing in underlined text) with all
other provisions of Section 17.23.050 remaining unchanged:
17.23.050 ADU standards.
Except those ADUs approved pursuant to Subsection 17.23.030, ADUs shall comply with the
following standards:
A. Location Restrictions. One ADU shall be allowed on a lot with a proposed or existing primary
dwelling that is zoned residential.
B. Development Standards.
1. Size Restrictions. If there is an existing primary dwelling, an attached ADU shall not exceed fifty
percent of the gross floor area for the primary dwelling. An attached ADU that is proposed with a
new primary dwelling shall not exceed one thousand two hundred square feet in floor area. A
detached ADU shall not exceed one thousand two hundred square feet in floor area. In no case
shall an ADU be less than an “efficiency unit” as defined in Section 17958.1 of Health and Safety
Code with respect to square footage.
2. Height Restrictions. An ADU shall not exceed sixteen feet in height.
3. Transfer. An ADU shall not be sold, transferred, or assigned separately from the primary
dwelling, but may be rented. The ADU shall not be used for short-term rentals for less than thirty-
one days.
4. Setback. No setback shall be required for an ADU that is within an existing structure or new
ADU that is constructed in the same location and with the same dimensions as an existing
structure. For all other ADUs, the required setback from side and rear lot lines shall be four feet.
An ADU shall comply with all required front yard setbacks otherwise required by the municipal
code.
5. Lot Coverage. An ADU shall conform to all lot coverage requirements applicable to the zoning
district in which the property is located, except where the application of the lot coverage
regulations would not permit construction of an eight hundred square foot ADU that is sixteen
feet in height with four-foot side and rear yard setbacks.
6. Historic Resources. An ADU that has the potential to adversely impact any historical resource
listed on the California Register of Historic Resources, shall be designed and constructed in
accordance with the “Secretary of the Interior’s Standards for the Treatment of Historic
Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic
Buildings” found at 36 CFR 68.3, as amended from time to time. An ADU shall also comply with
15
all local historic register requirements, as well as all objective local requirements, ordinances, or
specific plans that pertain to historic resources.
C. Design and Features.
1. Design. The ADU shall have the same design, architecture, colors and materials of the primary
dwelling, and shall comply with any objective design standards adopted by the city that are
applicable to the zoning district or specific plan area where the ADU is located.
2. Fire Sprinklers. ADUs are required to provide fire sprinklers if they are required for the primary
dwelling.
3. An ADU shall have a separate exterior access.
4. All utility equipment to include window mounted cooling/heating equipment must not be visible
from the public right-of-way.
D. Covenant Required. The property owner shall record a declaration of restrictions, in a form approved
by the city attorney, placing the following restrictions on the property, the property owner, and all
successors in interest: (1) the ADU is to be rented only for terms of thirty days or longer; and (2) the
ADU is not to be sold or conveyed separately from the primary dwelling except in conformity with
Government Code Section 65852.26. Proof of recordation of the covenant shall be provided to the
city before the city finals the building permit.
E. Parking Requirements.
1. In addition to the off-street parking space(s) required for the primary dwelling, one off-street
parking space shall be provided for each ADU, except when:
a. The ADU is located within one-half mile walking distance of public transit;
b. The ADU is located within an architecturally and historically significant historic district;
c. The ADU is part of a proposed or existing primary dwelling or accessory structure;
d. The ADU is located in an area where on-street parking permits are required but not offered to
an ADU occupant; or
e. The ADU is located within one block of a city-approved and dedicated parking space for a
car share vehicle.
2. When the ADU is created by converting or demolishing a garage, carport or covered parking
structure, replacement of parking space(s) eliminated by the construction of the ADU shall not be
required as long as the ADU remains in use as a legal ADU.
Section 16. A new Subsection “K” is hereby added to Section 17.04.010 (Conditional
Use Permits.) of Chapter 17.04 (Permits) of Title 17 (Zoning) of the Temecula Municipal Code to
read as follows, (with additions appearing in underlined text) with all other provisions of Section
17.04.010 remaining unchanged:
K. “All Conditional Use Permits that include the sale of alcohol, shall be physically posted on
site in a conspicuous manner viewable to customers, patrons or guests and presented upon
request to any Law Enforcement or City Staff authorized to enforce this Chapter. The posting
shall include the approval letter, Conditions of Approval, and approved site plan. “
Section 17. Subsection G (Car Washes) 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 to read as follows (with additions
appearing in underlined text) with all other provisions of Section 17.23.050 remaining unchanged:
16
G. Car Washes. A conditional use permit shall be required for all full-service or self-service car
washes within the commercial districts. Car washes shall comply with the following criteria:
1. Such businesses shall be located at least two hundred (200) feet from any residentially
zoned district property line. That distance shall be measured in a straight line regardless
of physical encumbrances, and shall be inclusive of all:
a. Vacuum equipment;
b. Vehicle dryer or blower units;
c. Air compressors and hydraulic, electric, or pneumatic motors;
d. Parking areas; and
e. Drive or queuing isles.
2. Wash bays and vacuum areas shall be screened from public view.
3. Regular monitoring of the facility by an attendant shall be provided during business hours
to control noise, litter, and other nuisances.
4. Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise
specifically established as a condition of approval. Automatic shut-off of water and
electrical systems, except for security and fire protection, shall be provided during non-
business hours.
Section 18. A new Subsection “T” (Parking Garage Standards) is hereby added to
Section 17.10.020 (Supplemental Development Standards) of Chapter 17.10 (Supplemental
Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code to read as
follows, (with additions appearing in underlined text) with all other provisions of Section
17.10.020 remaining unchanged:
“T. Parking Garages. All parking garages shall be designed in a manner that incorporates the
following requirements:
1. Elevators
a. Elevators should be oriented to adjacent streets, when possible.
b. Elevators shall have glass backs and be glass enclosed with a minimum of 75%
visibility.
c. When it is impossible for glass backed elevator or glass enclosed elevator, an
active video surveillance system shall be required within the elevator and adjacent
to elevator entrances.
2. Stairwells
a. Stairwells shall provide internal and external visibility, with a minimum of 75%
transparency.
b. Stairwells should be oriented to adjacent streets, when possible.
c. Stairwell walls shall be made of glass and/or have exterior openings where the
stairwell is open and visible to the exterior
d. Stairwell door use should be minimized; but when utilized, one third of the door
must be made of clear durable glass to encourage transparency and safety.
Sample Image of Glass Enclosed Elevator and Open Stairwell
17
3. Security fencing
a. Security fencing shall be installed below stairwells to eliminate unauthorized
access. Fencing shall be compatible with the design of the parking structure; no
chain link fencing of any kind is permitted.
4. Safety
a. Emergency Call boxes shall be conspicuously dispersed throughout parking
garages, with a minimum of one call box on each level. Additional call boxes may
be required at the discretion of the Chief of Police or Director of Community
Development.
5. Minimum Floor Heights
a. The minimum height from the floor to the lowest ceiling structure, support beam,
or overhead fixture, such as a conduit, pipeline, signage, lighting, or any other
obstruction mounted on the ceiling shall be eight (8) feet two (2) inches in height.
6. Interior Treatment. The interior treatment of a parking structure shall be of a light color.
The treatment shall include a coordinated interior sign program designed to identify
parking levels and locate stairwells, elevators, phones, exits and other interior features.
7. Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors
maintained in a position and condition to provide adequate sight distance.
8. Integral Design. Parking structures should be designed as an integral component of the
coordinated site plan and architectural theme. Rooftop solar arrays and green roof
technologies are encouraged.
18
9. Signage. A well-designed graphics and signage system will effectively communicate
necessary information to patrons, reduce confusion, improve safety, and enhance the
overall user experience.
a. Vehicular Signs. Examples of vehicular signs include “Park” and “Exit”
directional signs. Vehicular signs are ten or twelve inches in height with six or
seven inch letters. Ten (10)-inch signs are recommended for precast structures
where sign visibility can be a problem. Vehicular signs should be centered over
the drive lane or centered over the drive aisle when signs are mounted back-to-
back.
b. Pedestrian Signs. Examples of pedestrian signs include “Level #,” “Remember
Level #,” “Row #,”and “Stair” and “Elevator” identification and directional signs.
Pedestrian signs shall be light in color, easy to read in day and night settings, and
contain a number or memorable icon/character for easy pedestrian wayfinding.
Pedestrian signs should be clearly distinguishable from vehicle signs so as not to
interfere with vehicular traffic. Pedestrian signs in parking bays hasll be located
perpendicular to traffic flow, and placed at the rear of parking stalls Color-coding
shall be used to help patrons find their vehicles. The elevator cour area shall
include super graphcs which are graphics that cover a large area and are generally
painted on a vertical surface, such as painted walls or elevator doors, with level
designation incorporated.
c. No offsite signage is permitted.
10. Bicycle parking/storage. Bicycle parking shall be provided in quantities required in
accordance with Temecula Municipal Code Section 17.24.040(F)(2) ‘Minimum Bicycle
Parking Requirements.’ All bicycle facilities are required to be located exclusively on the
ground level.
11. Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle
conflicts.
12. Parking structures that propose to charge a fee or propose gates/entry control devices for
parking shall provide a stacking analysis to demonstrate such activities will not impact
the flow of traffic surrounding the parking structure.
13. Parking structures that exceed one hundred (100) parking spaces, or greater than two
stories, to include below grade parking, shall be required to provide a parking analysis or
“counting” system to indicate total number of spaces and total number of unoccupied
spaces on the entrance(s) of the parking structure.
14. Stall width
a. When the side of any parking stall abuts a building, fence, wall, support column
or other obstruction which would interfere in any way with access to a motor
vehicle, the width of the stall shall be increased to at least eleven (11) feet.
15. Lighting
Parking Structure Lighting Standards
Area Minimum
Horizontal
Illuminance on
Minimum
Vertical
Illuminance at 5
Maximum to
Minimum
Uniformity Ratio
19
Floor
(Footcandles)
Feet
(Footcandles)
Parking and
Pedestrian Areas
2 1 10:1
Stairwells 2 1 10:1
Ramps and Corners
-Day
1 0.5 10:1
Ramps and Corners
-Night
1.0 1.0 10:1
Entrance Areas -
Day
50 25 10:1
Entrance Areas –
Night
1 0.5 10:1
“
Section 19. Subsection C (Flags) of Section 17.28.050 (Exempt Signs.) of Article I
(General) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal Code
is hereby amended to read as follows (with additions appearing in underlined text) with all other
provisions of Section 17.28.050 remaining unchanged:
C. Flags.
1. A flagpole shall not exceed the zoning district height limits set forth in the Development
Municipal Code Section 17.08.050(H), or fifty feet seventy-five (75) feet if no height
limit is provided by the Development Municipal Code.
2. A single flag of the United States of America and two of the following flags shall be
permitted per parcel or center:
a. The state of California, or another state of the United States.
b. A county.
c. A municipality.
d. Official flags of other countries.
e. Flags of nationally or internationally recognized organizations.
f. A corporate flag.
3. The maximum area for a corporate flag may not exceed fifty square feet.
Section 20. Table 17.03.010 (Planning and Zoning Approval Authority) of Section
17.03.010 (Purpose and intent.) of Chapter 17.03 (Administration of Zoning) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing
in underlined text) with all other provisions of Table 17.03.010 remaining unchanged:
Table 17.03.010
Planning and Zoning Approval Authority
Application Administrative
Approval
Planning
Director
Planning
Commission
City
Council
20
General plan amendment Recommendation1 X1
Zoning amendment: text changes Recommendation1 X1
Zoning amendment: map changes Recommendation1 X1
Zoning amendment: specific plan,
includes specific plan amendments Recommendation1 X1
Conditional use permit (CUP) —
existing building X1,2
Conditional use permit with a
development plan X1,2,3 X1,3
CUP modification (all changes) X1
Development plan
(10,000 sq. ft. or greater) X1
Development plan
(less than 10,000 sq. ft.) X1
Major modifications X2,4 X1,4
Minor modifications X2
Administrative development plan X2
Home occupation plan X2
Minor exceptions X2
Sign permits X2
Sign programs, including sign
program modifications X2
Temporary use permits X2
Variance X1
Accessory dwelling unit X5
Hillside development permit X1
Notes:
1. Requires consideration at a noticed public hearing.
2. For matters that are considered to have special significance or impact, the director of planning
may refer such items to the planning commission for consideration.
3. Conditional use permits without development plans are approvable by the director of planning.
Conditional use permits with development plans are approvable by hearing body required for the
development plan.
4. Major modifications of projects which were approved by the planning commission or city council
shall be considered by the original approval body. Increases in building square footage that results in a
building larger than 10,000 square feet shall be considered by the planning commission.
5. State law requires the administrative consideration of secondary dwelling units. These
applications cannot be promoted to the planning commission.
Section 21. Table 17.08.030 (Schedule of Permitted Uses) 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 deletions appearing in
21
strikethrough text and additions appearing in underlined text) with all other provisions of Table
17.08.030 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 5.09 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 -
Section 22. Severability. If any section or provision of this Ordinance is for any reason
held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance
shall remain valid. The City Council hereby declares that it would have adopted this Ordinance,
and each section or provision thereof, regardless of the fact that any one or more section(s) or
provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 23. Certification. The Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same or a summary thereof to be
published and posted in the manner required by law.
Section 24. Effective Date. This Ordinance shall take effect thirty (30) days after
passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula the __day of___, 2023.
, Mayor
ATTEST:
_________________________________
Randi Johl
City Clerk
[SEAL]
22
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. 2023- 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 , 202 3, 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 , 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Randi Johl
City Clerk
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
CASE NO: LR22-0182 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 Council of the City of Temecula
amending Titles 5 and 17 of the Temecula Municipal Code to (1) require massage establishments maintain
telephone service, (2) clarify massage exemption limitations, (3) specify permitted passive recreational uses
in open space zoning, (4) update Table 17.14.030 Schedule of Permitted Uses – Open Space, (5) update
specific plan numbers (6) update Planned Development Overlay (PDO) Number 4 and 10 to comply with
ordinance 2022-06, (7) consolidate Accessory Dwelling Unit (ADU) definition, (8) implement
requirements of AB 345 - ADU separate conveyance, (9) remove guest house and secondary dwelling unit
as an accessory residential use, (10) specify that ADU equipment shall be screened, (11) require on site
posting of conditional use permits that authorize on site alcohol consumption, (12) clarify communication
uses are not permitted in all open space zones, (13) clarify separation requirements between a car wash and
residentially zoned property, (14) modify alcoholic beverage manufacturer definition, (15) add definitions
for active and passive recreation, (16) implement parking garage standards, (17) add reference for flagpole
height limits in commercial zones, (18) modify planning and zoning approval authority table 17.03.010
regarding modification to conditional use permits, (19) modify Table 17.08.030 to correct an adult oriented
business reference and finding that this ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA guidelines Section 15378 (b)(5) and 15061 (b)(3).”
ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from further environmental review and a Notice of Exemption will be adopted
in compliance with CEQA Section 15378 (b)(5) and 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: November 16, 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.
Item No. 3
1
STAFF REPORT – PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: November 16, 2022
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Deputy City Manager
PREPARED BY: Scott Cooper, Case Planner
PROJECT
SUMMARY:
Planning Application No. PA21-0128, a Second Amendment to the
Development Agreement by and between the City of Temecula and
Lennar Homes, Inc., a California Corporation and Winchester Hills I
LLC, a California Limited Liability Company to rescind the First
Amendment to the Development Agreement and reinstate the
original term of the Development Agreement for the Winchester
Property located within portions of Planning Area 12 of the
Harveston Specific Plan.
RECOMMENDATION: Adopt the proposed Planning Commission Resolution
recommending the City Council approve the Second Amendment to
the Development Agreement
CEQA: Exempt from further environmental review per Section 15061(b)(3)
of the CEQA Guidelines
PROJECT DATA SUMMARY
Name of Applicant: Winchester Hills I LLC a California Limited Liability Company
BACKGROUND SUMMARY
On August 28, 2001 the City Council of the City of Temecula approved an agreement entitled
“Development Agreement By And Between The City Of Temecula And Lennar Homes, Inc., A
California Corporation And Winchester Hills I LLC, A California Limited Liability Company”
by the adoption of Ordinance No. 01-08 (the “Development Agreement”). The Development
Agreement was recorded on January 16, 2002 as Document No. 2002-026470 in the Official
Records of the County of Riverside.
The City Council of the City of Temecula approved that certain agreement entitled “First
Amendment to Development Agreement By And Between The City Of Temecula And Lennar
Homes, Inc., A California Corporation And Winchester Hills I LLC, A California Limited
Liability Company” by the adoption of Ordinance No. 07 -14 (“First Amendment”). The First
Amendment was recorded on October 2, 2015 as Document No. 2015-0437479 in the Official
2
Records of the County of Riverside. The First Amendment extended the term of the
Development Agreement.
On January 26, 2021, the applicant, Winchester Hills I LLC, a California Limited Liability
Company, submitted a proposed Second Amendment to the Development Agreement to rescind
the First Amendment to the Development Agreement and reinstate the original term of the
Development Agreement for the Winchester Property located within portions of Planning Area
12 of the Harveston Specific Plan.
ANALYSIS
The property which is subject to the Development Agreement and the First Amendment is
comprised of two components. The first is the Lennar Property which has been developed
consistent with the Development Agreement. The second is the former Winchester Hills I LLC
property which is located within portions of Planning Area 12 of the Harveston Specific Plan and
most recently had the Residential Overlay approved on the property. Since the time of the First
Amendment, Winchester Hills I LLC has since sold the property to Meritage Homes of
California, Inc., Hoehn Enterprise 5 Temecula LLC, Solana Winchester LLC, Lantern Crest at
Temecula, LLC, and Advantaged Asset Acquisitions 1, LLC, who are all signees of the Second
Amendment. Winchester Hills I LLC, also sold a portion of the property to CRP/AHV Prado
Owner, LLC who is not a signee on the Second Amendment.
The applicant has requested to repeal the First Amendment which extended the term of the
Development Agreement and reinstate the original term of the Development Agreement for the
Winchester Hills I LLC property. The Second Amendment rescinds the extension of the term of
the Development Agreement, but does not make any other revisions to the Development
Agreement with respect to the development of property.
The original terms of the of the Development Agreement excluded or exempted the property
owner/developer from paying Transportation Uniform Mitigation Fee (TUMF) and Multiple
Species Habitation Conservation Plan (MSHCP) fees. Once the original Development
Agreement was amended, WRCOG took the position that the property owner/developer was no
longer exempt from payment of TUMF fees. RCA took a similar position with resepct to
MSHCP fees. The Second Amendment reinstates the original term of the Development
Agreement and allows the property owner/developer to seek concurrence from WRCOG and
RCA that the property owner/developer is exempt from the payment of TUMF and MSHCP fees.
LEGAL NOTICING REQUIREMENTS
The notice of the public hearing was published in the Press Enterprise on November 4, 2022 and
mailed to the property owners within 600-foot radius.
ENVIRONMENTAL DETERMINATION
The proposed Ordinance, which approves a Second Amendment to the Development Agreement,
is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can
be seen with certainty that there is no possibility that the adoption of the proposed Ordinance
may have a significant effect on the environment. The adoption of the proposed Ordinance will
repeal the First Amendment which extended the term of the Development Agreement. As the
term of the Development Agreement is being shortened by the adoption of the Ordinance, this is
covered by the common sense exemption under CEQA.
3
ATTACHMENTS 1. Aerial Map
2. PC Resolution
3. Exhibit A - Draft City Council Ordinance
4. Exhibit A - Second Amendment to the Development Agreement
5. Notice of Exemption
6. Notice of Public Hearing
MADI
SONAVE HARVESTONDRANNAPOLISDRCHARLESBURGDR
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D DALTONRDEQUITYDR
W AVERLYLNDATESTC O U N T Y C EN TERDRTEMECULACENTERDRProject Site
CITY O F TEMEC ULA PA21-0128
0 400200 Feet\Date Created: 10/11/2022
1:6,0001 inch = 500 feet
The map PA21-1028.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
!"#$15
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 APPROVING THE
SECOND AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND LENNAR HOMES, INC., A CALIFORNIA
CORPORATION AND WINCHESTER HILLS I LLC, A
CALIFORNIA LIMITED LIABILITY COMPANY AND
MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PLANNING APPLICATION NO. PA21-0128)”
Section 1. Procedural Findings. The Planning Commission of the City of Temecula
does hereby find, determine and declare that:
A. The City of Temecula (“City”), a general law City in the State of California,
Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited
liablity company entered into an agreement entitled “Development Agreement By And Between
The City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills
I LLC, A California Limited Liability Company” by the adoption of Ordinance No. 01-08 (the
“Development Agreement”). The Development Agreement was recorded on January 16, 2002 as
Document No. 2002-026470 in the Official Records of the County of Riverside..
B. On October 23, 2007, the City Council of the City of Temecula approved that
certain agreement entitled “First Amendment to Development Agreement By And Between The
City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I
LLC, A California Limited Liability Company” by the adoption of Ordinance No. 07-14 (“First
Amendment”). The First Amendment was recorded on October 2, 2015 as Document No. 2015-
0437479 in the Official Records of the County of Riverside. The First Amendment extended the
term of the Development Agreement. On January 26, 2021, the applicant, Winchester Hills I
LLC, a California Limited Liability Company, filed Planning Application No. PA21-0128, a
proposed Second Amendment to the Development Agreement. This application was filed in a
manner in accord with the City of Temecula General Plan and Development Code.
C. The Application was processed including, but not limited to a public notice, in the
time and manner prescribed by State and local law, including the California Environmental
Quality Act (CEQA).
D. The Planning Commission, at a regular meeting, considered the Application and
environmental review on November 16, 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. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending approval
the application hereby finds, determines, and declares that:
A. The City has reviewed the potential impacts of the Second Amendment to the
Development Agreement and the various potential benefits to the City of the Second
Amendment and has concluded that the Second Amendment is in the best interests of the City.
B. The Second Amendment to the Development Agreement is consistent with the
City’s General Plan including the goals and objectives thereof and each element thereof.
Section 3. Environmental Findings. The Planning Commission hereby makes the
following environmental findings and determinations in connection with the approval of the
Development Agreement Amendment Application:
The proposed Ordinance, which approves a Second Amendment to the Development
Agreement, is exempt from CEQA review pursuant to CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty that there is no possibility that the
adoption of the proposed Ordinance may have a significant effect on the environment.
The adoption of the proposed Ordinance will repeal the First Amendment which extended
the term of the Development Agreement. As the term of the Development Agreement is
being shortened by the adoption of the Ordinance, this is covered by the common sense
exemption under CEQA.
Section 4. Recommendation. The Planning Commission of the City of Temecula
recommends that the City Council adopt an Ordinance entitled “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND
WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND
MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (PLANNING APPLICATION NO. PA21-0128)” in substantially the same
form attached hereto as Exhibit A, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of November, 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 16th day of
November, 2022, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF TEMCULA AND LENNAR
HOMES, INC., A CALIFORNIA CORPORATION AND
WINCHESTER HILLS I LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (PLANNING
APPLICATION NO. PA21-0128)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula does
hereby find, determine and declare that:
A. The City of Temecula (“City”), a general law City in the State of California,
Lennar Homes, Inc., a California Corporation and Winchester Hills ILLC, a California limited
liablity company (“Winchester”), entered into an agreement entitled “Development Agreement
By And Between The City Of Temecula And Lennar Homes, Inc., A California Corporation And
Winchester Hills I LLC, A California Limited Liability Company” by the adoption of Ordinance
No. 01-08 (the “Development Agreement”). The Development Agreement was recorded on
January 16, 2002 as Document No. 2002-026470 in the Official Records of the County of
Riverside..
B. On October 23, 2007, the City Council of the City of Temecula approved that
certain agreement entitled “First Amendment to Development Agreement By And Between The
City Of Temecula And Lennar Homes, Inc., A California Corporation And Winchester Hills I
LLC, A California Limited Liability Company” by the adoption of Ordinance No. 07-14 (“First
Amendment”). The First Amendment was recorded on October 2, 2015 as Document No. 2015-
0437479 in the Official Records of the County of Riverside. The First Amendment extended the
term of the Development Agreement.
C. The real property which is subject to the Development Agreement and the First
Amendment is comprised of two components. The first is the Lennar Property described in the
Development Agreement (“Lennar Property”). The second is the Winchester Hills I LLC
Property (“Winchester Property”).
D. The Lennar Property has been developed consistent with the Development
Agreement and the term of the Development Agreement as it pertains to the Lennar property has
expired.
E. On January 26, 2021 the applicant, Winchester Hills I LLC, a California Limited
Liability Company, filed Planning Application No. 21-0128, a proposed Second Amendment to
the Development Agreement. Winchester Hills I LLC seeks to repeal the First Amendment and
reinstate the original term of the Development Agreement for the Winchester Property.
F. This application was filed in a manner in accord with the City of Temecula
General Plan and Development Code.
G. Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interest in real property for the
development of such property in order to, among other matters: ensure high quality development
in accordance with comprehensive plans; provide certainty in the approval of development
projects so as to avoid the waste or resources and the escalation in the cost of housing and other
development to the consumer; provide assurance to the applicants for development projects that
they may proceed with their projects in accordance with existing policies, rules and regulations
and subject to Conditions of Approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and public
economic costs of development and provide for economic assistance to Owner for the
entitlements authorizing development related improvements.
H. On November 16, 2022, the Planning Commission of the City of Temecula held a
duly noticed public hearing on the proposed Second Amendment to the Development Agreement
(“Second Amendment”) as prescribed by law at which time all persons interested in the proposed
Second Amendment had the opportunity and did address the Planning Commission on this
matter.
I. Following consideration of the entire record of information received at the public
hearing, the Planning Commission adopted 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 APPROVING THE SECOND AMENDMENT TO
THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMCULA AND
LENNAR HOMES, INC., A CALIFORNIA CORPORATION AND WINCHESTER HILLS I
LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(PLANNING APPLICATION NO. PA21-0128)”
J. On ______________, 2022, the City Council considered the Application at a duly
noticed public hearing which time the City staff presented its report, and all interested persons
had an opportunity to and did testify either in support or in opposition to the Project.
K. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the Application
hereby makes the following findings:
A. The City has reviewed the potential impacts of the Second Amendment to the
Development Agreement and the various potential benefits to the City of the Second
Amendment and has concluded that the Second Amendment is in the best interests of the City.
B. The Second Amendment to the Development Agreement is consistent with the
City’s General Plan including the goals and objectives thereof and each element thereof.
Section 3. CEQA. This Ordinance, which approves the Second Amendment to the
Development Agreement, is exempt from California Environmental Quality Act (CEQA) review
pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that
there is no possibility that the adoption of the Ordinance may have a significant effect on the
environment. The adoption of the Ordinance will repeal the First Amendment which extended
the term of the Development Agreement. As the term of the Development Agreement is being
shortened by the adoption of the Ordinance, this is covered by the common sense exemption
under CEQA.
Section 4. Approval of Second Amendment to Development Agreement. The City
Council of the City of Temecula hereby approves that certain Second Amendment to
Development and authorizes the Mayor to execute the Second Amendment to Development
Agreement in substantially the form attached hereto as Exhibit “A”.
Section 5. Authority of the City Manager. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and appropriate to carry out
and implement the Second Amendment and to administer the City's obligations, responsibilities
and duties to be performed under the Second Amendment.
Section 6. Severability. If any portion, provision, section, paragraph, sentence, or
word of this Ordinance is rendered or declared to be invalid by any final court action in a court
of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions,
provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full
force and effect and shall be interpreted by the court so as to give effect to such remaining
portions of the Ordinance.
Section 7. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
Section 8. Notice of Adoption. The City Clerk shall certify to the adoption of this
Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this
_____ day of _____, 2022
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 _______, 2022 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
REC O R D IN G REQ U EST ED
B Y AN D W H EN REC O R D ED
M A IL TO :
City of Temecula
41000 Main Street
Temecula, CA 92590
Attn: Randi Johl, JD, MMC
City Clerk
Exempt from recording fees pursuant to Govt. Code Section 27383
(Space above for recorder's use)
SEC O N D AM EN D M EN T TO D EV ELO PM EN T
A G R EEM EN T BY A N D BETW EEN TH E CITY OF
TEM EC U LA A N D LEN N A R H O M ES, IN C ., A
CA LIFO RN IA CO R PO RA TIO N A N D W IN C H ESTER
HILLS I LLC , A CA LIFO RN IA LIM ITED LIA BILITY
C O M PA N Y
This Second Amendment to Development Agreement is made and entered into as of
_______ , 2022, by and between the CITY OF TEMECULA, a California municipal
corporation ("City"); HARVESTON-SAB NORTH LLC, a California limited liability company
("Harveston North") and HARVESTON-SAB SOUTH LLC, a California limited liability
company, successors in interest to HARVESTON-SAB LLC, a California limited liability
company ("Harveston) successor in interest to Winchester Hills I LLC, a California limited
liability company; and MERITAGE HOMES OF CALIFORNIA, INC., a California corporation
("Meritage"), HOEHN ENTERPRISE 5 TEMECULA LLC, a California limited liability
company ("Hoehn 5"), SOLANA WINCHESTER LLC, a Delaware limited liability company
("Solana"), LANTERN CREST AT TEMECULA, LLC, a California limited liability company
("Lantern Crest"), and ADV ANT AGED ASSET ACQUISITIONS 1, LLC, a California limited
liability company ("Advantaged") pursuant to the authority of Section 65864 through 65869.5 of
the California Government Code and Article XI, Section 2 of the California Constitution.
Pursuant to said authority and in consideration of the mutual covenants set forth in this Second
Amendment, the parties hereto agree as follows:
I. Recitals. This Second Amendment is made with respect to the following purposes
and facts which the parties agree to be true and correct:
Pagel of 25
A. O n A ugust 28, 200 1, the C ity C ouncil of the C ity of T em ecula appro ved that
certain agreem ent entitl ed "D evelopm ent A greem ent B y A nd B etw een T he City O f T em ecula
A nd L ennar H om es, Inc., A C alifo rn ia C orp ora tion A nd W inchester H ills I LL C , A Califo rn ia
L im ited L iability C om pany" by the adoption of O rdinance N o. 01-08 (the "D evelopm ent
A g reem ent"). T he D evelopm ent A greem ent w as recorded on January 16, 2002 as D ocum ent N o.
2002-026470 in the O ffi cial R ecords of the C ounty of R iverside.
B . O n O ctober 23, 2007, the C ity C ouncil of the C ity of T em ecula appro ved that
cert ain agreem ent entitled "First A m endm ent to D evelopm ent A greem ent B y A nd B etw een The
C ity O f T em ecula A nd Lennar H om es, Inc., A C alifo rn ia C orpora tion A nd W inchester H ill s I
L L C , A C alifo rn ia L im ited L iability C om pany" by the adoption of O rdinance N o. 07-14 ("First
A m endm ent"). T he First A m endm ent w as recorded on O ctober 2, 20 15 as D ocum ent N o. 2015-
04374 79 in the O ffi cial R ecords of the C ounty of R iverside.
C . T he real pro pert y w hich is subject to the D evelopm ent A gr eem ent and the First
A m endm ent is com prised of tw o com ponents. T he first is the Lennar Pro pert y described in the
D evelopm ent A greem ent ("L ennar Pro pert y"). T he second is the W inchester H ill s I LLC
P ro pert y w hich w as sp ecifi call y described in E xhibit A to the First A m endm ent ("W inchester
Pro pert y").
D . T he L ennar Property has been developed consistent w ith the D evelopm ent
A greem ent, so the term of the D evelopm ent A greem ent as it pert ains to the Lennar Property has
expired.
E . W inchester H ills I LLC 's interest in the W inchester Pro pert y and in the
D evelopm ent A greem ent (as am ended by the First A m endm ent) w as tra nsfe rr ed to H arveston in
20 12 . T he nort herly portion of the W inchester Pro pert y acquired by H arveston w as tra nsfe rr ed
to H arveston North in 20 15 and the southerly port ion w as tra nsfe rred to H arv eston South in
20 16 . H arveston N ort h sold a portion of the W inchester Pro pert y to H oehn Enterprise 4
T em ecula LL C (the "H oehn 4 Pro perty") in 2016. T he H oehn 4 Pro pert y has been developed as
an autom obile dealership consistent w ith the D evelopm ent A greem ent, so the term of the
D evelopm ent A greem ent as it pert ains to the H oehn 4 Pro pert y has expired. H arveston N ort h
and H arv eston S outh have requested to repeal the First A m endm ent w hich extended the term of
the D evelopm ent A greem ent and to reinstate the original term of the D evelopm ent A greem ent
fo r the rem aining port ions of the W inchester Pro pert y.
F. H arveston N ort h has sold port ions of the W inchester Propert y to: i.) M eritage, a
"M erch ant B uilder" under the D evelopm ent A greem ent, and to ii.) H oehn 5 and iii.) Solana, both
of w hich are "Subsequent O w ners" under the D evelopm ent A greem ent. H arv eston South has
sold port ions of the W inchester Pro pert y to: iv.) Lantern C rest, and v.) A dvantaged, all of w hich
are "Sub sequent O w ners" under the D evelopm ent A greem ent. N either H arv eston N ort h nor
H arveston S outh curr entl y ow n any portion of the W inchester Pro pert y but are part ies to this
S econd A m endm ent to confi rm their personal rights under the D evelopm ent A greem ent,
incl uding but not lim ited to their rights to fe e credits pursuant to Section 4.8 of the D evelopm ent
A greem ent. T he port ion of the W inchester Pro pert y that is ow ned by M eritage (the "M eritage
P ro perty") is specifi call y described and depicted on E xhibit "A " hereto. T he port ion of the
W inchester Propert y that is ow ned by H oehn 5 (the "H oehn 5 Property") is specifi cally described
Page 2 of25
and depicted on E xhibit "B " hereto. T he portion of the W inchester Pro perty that is ow ned by
S olana (the "Solana Pro pert y") is specifi cally described and depicted on Exhibit "C " hereto. T he
portion of the W inchester Pro perty that is ow ned by Lantern C rest (the "L antern C rest Pro perty")
is specifi call y describ ed and depicted on Exhibit "D " hereto. The port ion of the W inchester
Pro perty that is ow ned by A dvantaged ("the A dvantaged Pro perty") is specifi cally described and
depicted on Exhibit "E " hereto. T he pro pert ies listed in this para gra ph and described in the
E xhibits are coll ectively refe rred to herein as the "R em aining W inchester Pro perties."
G . H arveston N ort h and H arveston South each w an-ant and represent to the C ity that
these fi ve entities are the only persons that ow n the R em aining W inchester Pro pert ies and that no
other persons are required to consent to or appro ve this Second A m endm ent.
H . The Plannin g C om m ission of the C ity of T em ecula held a duly noticed public
hearing on , 2022 and by R esolution N o. 22- __ recom m ended to
the C ity C ouncil that this Second A m endm ent be appro ved.
I. O n , 2022, the C ity C ouncil of the C ity of T em ecula held a
du ly noticed publi c hearin g on the pro posed Second A m endm ent and the C E Q A docum entation
at w hich tim e all persons had the opport unity to testify in support of or opposition to the
pro posed S econd A m endm ent.
J. O n , 2022 the C ity C ouncil of the C ity of Tem ecula
adopted O rdinance N o. 22- __ appro ving this Second A m endm ent.
2. R epeal of First A m endm ent. T he First A m endm ent is hereby repealed and is of no
fu rt her fo rce and effect as to the R em aining W inchester Pro pert ies.
3. A uthority to E nter Into Second A m endm ent. T he entities in R ecital F above each w arra nt
and represent to the C ity that its appro val of this Second A m endm ent w ill not violate any
agreem ents they m ay have w ith other persons. T he person or persons executing this Second
A m endm ent on behalf of said entities each fu rt her w an-ant and represent to the C ity that this
S econ d A m endm ent has been duly appro ved by each and that all applicable notices, appro vals
and pro cedur es w ere com p lied w ith and that he or she is duly authorized by his/her principal to
execute this S econd A m endm ent on behalf of that entity and has been duly authorized to do so.
4. O ther T erm s R em ain . E xcept as specifi cally set fo rt h herein, all other term s and
conditions of the D evelopm ent A greem ent shall rem ain in fu ll fo rce and effect as to the
R em ain ing W inchester Pro perties.
IN WITNESS WHEREOF, the pat ties hereto have executed this A greem ent as pro vided herein.
Page 3 of25
C IT Y O F T E M E C U L A ,
a m u n icip a l co rp o ration
M att R ahn
M ayor
A ttest:
R andi Jo hl, JD , M M C
C ity C lerk
A ppro ved A s to Form :
Peter M . T horson
C ity A ttorn ey
HARVESTON-SAB NORTH LLC,
a California limited liability company
ephen A. B ieri
President
HARVESTON-SAB SOUTH LLC,
a California limited liability company
Page 4 of25
M ER IT A G E HO M ES O F CA LIFORN IA, INC.,
a C alifornia corporation
_.L:8~---
Name: "'-"'V-!Pt-:l ~L-AfZ.i &-c:>
Title: '/.~
HO EH N EN TER PR ISE 5 TEM EC ULA LLC,
a C alifornia limited liabili ty company
Name:
Title:
SO LA N A W IN C H ESTER LLC ,
a D elaw are lim ited liabili ty company
By: KR Temecula Ventures LLC
a Delaware limited liability company, its Manager
By: RP Solana Winchester Investors LLC
a Delaware limited liability company, its Manager
By: Winchester MF, LLC
an Arizona limited liability company, its Manager
By: Kitchell Development Company,
an Arizona corporation, its Manager
By:~----;;.---:~----
Name: -'•"'~ ~. Sc."-" .. ~
Title: \I\.., ... ,-:.~I'
Page 5 of25
L A N T E RN C R E ST A T T E M E C U L A , LLC ,
A D V A N T A G E D A SSE T A C Q U ISIT IO N S 1, L LC ,
a C alifo rnia lim ited liabili ty com pany
N ~
Title: President
Page 6 of25
A N otary Public or other offi cer com pleting this certifi cate verifi es only the identity of the
individual w ho signed the docum ent to w hich this cert ifi cate is attached, and not the tru thfu lness,
accura cy, or validity of that docum ent.
S tate of C alifo rn ia ~a tnJ. )
C ounty of 2>5V1_ ~ )
O n '2-0 cf <y ZQ U., , before me,s/4Jf,.-
N otary P ubli c, personall y appeared _ _____;fit=-~?;~·.c.-=-=~~~--'---..!..l=:C:.1.--""'-"------'_____;------
w ho pro ved to m e on the basis of satisfa ctory idence to be the person(s) w hose nam e(s) is/are
subscrib ed to the w ithin instru m ent and acknow ledged to m e that he/she/they executed the sam e
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instru m ent
the person(s), or the entity upon behalf of w hich the person(s) acted, executed the instru m ent.
I cert ify under PE N A L T Y O F PE R JU R Y under the law s of the State of C alifo rn ia that
the fo regoing para gra ph is tru e and corr ect.
W ITNESS m y hand~
Si~a~-L________~~~ (Seal)
Page 7 of25
Notary Public or other offi cer com pleting this certificate verifies only the identity of the
individual who signed the docum ent to which this certificate is attached, and not the tru thfu lness,
accuracy, or validity of that docum ent.
StateofCalifornia ~ )
County of ~v::? )
On ,2,o ct,...['¥ 20 2--Z, , before me, ~eJ ~'( JL · '3:-u ,«{4 , . SE. ~ A (inse~n!e and till': of the officer) Notary Public, personally appeared ~ -6?1--1 , e&", ,
who proved to me on the basis of satisfactory ~idence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Page 8 of25
N o t a ry P u b l i c o r o t h e r o ffi c e r c o m p le t in g th is c e rt ifi c a te v e r ifi e s o n ly th e id e n tity o f th e
in d i v i d u a l w h o s i g n e d th e d o c u m e n t t o w h ic h th is c e rt ifi c a t e is a tt a c h e d , a n d n o t th e tru th fu ln e s s ,
a c c u ra c y , o r v a li d i t y o f th a t d o c u m e n t.
S t a t e o f C a l i fo rn i a
C o u n t y o f O(MljL
On A~ 1,UJ.-2
)
)
A ,, . _ . · sert name and title of the officer)
Notary Public, personally appeared _ _,_mcrm-+------'"--'fl----"-~--='---'--'t'-'tc"---o _,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Signature ~ (Seal)
Page 9 of25
N o ta ry P u b lic o r o th e r o ffi c er co m p le tin g th is ce rt ifi c a te v e rifi e s on ly th e id entity of th e
in d iv id u a l w h o sig n e d th e d o c u m e n t to w h ic h th is ce rt ifi c a te is att a c h e d , an d no t th e tru th fu ln ess,
a c c u ra c y , o r v a lid ity o f th a t d o c u m e n t.
S ta te o f C a l~m ia )-,....... )
C o u n ty o f ~V\. ltf\ V)-12 ) 2 ~. t~A-. L .1-tv-- n -- - · ·' vt1 l 1', tr'"L On ~:r Vf '}r;·1,.,,'L- , before me,~~~--------- V ,
. I . 1 . ~ and title of the officer)
Notary Public, personally appeared fl--t-v ~cJY"" Z. ~ ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature~ ~ J0 /
Page 10 of25
N otary Public or other offi cer com pleting this cert ifi cate verifi es only the identity of the
indiv idual w ho sig ned the docum ent to w hich this cert ifi cate is attached, and not the tru thfu lness,
accura cy, or validity of that docum ent.
S tate of C alifo rn ia " )
C ounty of $o,,JJcq o )
O n ,.:Y- ~ ~(1 ~O t:2... , befo re m e, _..e_.....:="-"-'"""""r.i.+-~:c...,....t:~==----------
N otary Public, personally appeared ____t;;m ~~~~~~~---------
w ho pro ved to m e on the basis of satisfa ctory evidence to be the per on(s) whose nam e(s) is/are
subscrib ed to the w ithin instru m ent and acknow ledged to m e that he/she/they executed the sam e
in his/her/their authorized capacity(i es), and that by his/her/their signature(s) on the instru m ent
the person(s), or the entity upon behalf of w hich the person(s) acted, executed the instru m ent.
I cert ify under PEN A L T Y O F PE R JU R Y under the law s of the State of Califo rn ia that
the fo regoing para gra ph is tru e and corr ect.
W IT N E SS m y hand and offi cial seal.
Signature l9lL-- (Seal)
Page 11 of 25
N o ta ry P u b li c or oth er offi cer co m p letin g th is certifi cate verifi es on ly the id entity of the
in d iv id u a l w h o sig n e d th e do cum ent to w h ich th is cert ifi cate is att ach ed, and not th e tru thfu ln ess,
a c c u ra c y , o r va lid ity o f th at do cu m en t.
S ta te o f C a lifo rn ia • )
C o u n ty o f ~~ )
O n JiJ~ £; ~ , before me, ---':....P,::=.J-...L....L:...L.!....,t-=-"-----"""'===------- -7 L • V ..,,,. (insert na 1e and title of the officer)
Notary Public, personally appeared -~" t\.M I~ ,
who proved to me on the basis of satisfactory evidence 'lobe the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature~ (Seal)
Page 12 of 25
N o ta ry P u b lic o r o th e r o ffi c e r c o m p le tin g th is ce rt ifi c a te v e rifi e s on ly th e id e n tity o f th e
in d iv id u a l w h o sig n e d th e d o c u m e n t to w h ic h th is ce rt ifi c a te is att a ch e d , an d n o t th e tru th fu ln e ss,
a c c u ra c y , o r v a lid ity o f th a t d o c u m e n t.
S ta te o f A r iz o n a , )
C o u n ty o f C1o.c, c.opa. )
On -:Ti.tlu. aJ, d()dd- 'before me, --'n'--'-"".1.ll....JfF-+-.ilU,, ........... ...,__._ _ 11 I (ins t name and title of the officer)
Notary Public, personally appeare<l---:Rohtct "K. ~c,h ra.m M , '1ona.%-u: ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Arizona that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ~ ~ (Seal)
NANCY HODSON
Notary Public - State of Arizona
MA RICOPA COUNTY
Commission # 557847
Expires February 1, 2023
Page 13 of25
Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California
County of ~f\ 'D \ t".'2>6
On ~ \) \'\ 21 1 202,7-
)
)
' before me, "f ct5}1)'.\\)'\ 'V. Sao-ta.RC\
, (insert name and title of the officer)
Notary Public, personally appeared M,cha-d? A. 6lr-a ~'.Lt
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and offici
(Seal)
YASMIN PEREZ SANTANA
Notary Public • California
San Ole,o County f
Commission I/ 2388693
My Comm. Expires Dec 30, 2025
Page 14 of25
N o ta ry P u b lic or o th er offi cer com p letin g this cert ifi cate verifi es only the identity of the
in d iv id u a l w h o sig ned th e do cu m en t to w h ich this cert ifi cate is att ached, and not the tru thfu lness,
ac c u ra c y , or valid ity of th at do cum en t.
S ta te o f C alifo rn ia
C o u n ty o f San DteQo
On -J \J\'( Z \ 1 20 27-
)
)
/) (insert nam e and title of the officer)
Notary Public, personally appeared Htcha~ IA. 6 ra)'l+
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
, before me, \a.sro,o 1. Sao.jg~
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and offi ial seal.
(Seal)
YASMIN PEREZ SANTANA
Notary Public · California
San Di~ County
Commission II 2388693
My Comm. Expires Dec 30, 2025
Page 15 of25
E X H IB IT "A "
Meritage Property
LEGAL DESCRIPTION
PARCELS I THROUGH 3, INCLUSIVE AND PARCEL 6, AS SHOWN ON THE MAP ENTITLED "PARCEL
MAP NO. 36336", FILED AUGUST 20, 2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39,
INCLUSIVE, RJVERSIDE COUNTY RECORDS.
PARCEL DAS SHOWN ON LOT LINE ADJUSTMENT NO. PA15-1434, AS EVIDENCED BY DOCUMENT
RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF PARCELS 4, 5, 7 ANO 8 OF.PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA,
COUNTY OF RIVERSIDE, ST A TE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES
33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
RTVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 4;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCELS 4 AND 5 SOUTH 35° 30' 43" EAST
1094.55 FEET TO THE MOST EASTERLY CORNER OF SAID PARCEL 5;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 5 SOUTH 54° 29' 17" WEST 375.05 FEET
TO THE NORTHEASTERLY LINE OF SAID PARCEL 8;
THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 40° 38' 53" EAST 161.57 FEET TO THE
BEGINNING OF A TANGENT CURVE, CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 850.00
FEET;
THENCE ALONG SAID CURVE, CONTINUING ALONG SAID NORTHEASTERLY LINE SOUTHEASTERLY
158.71 FEET THROUGH A CENTRAL ANGLE OF 10°41' 53" TO THE MOST EASTERLY CORNER OF SAID
PARCEL 8;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL 8 SOUTH 56° 07' 1 O" WEST 40.80 FEET·
TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS
SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHEASTERLY AND HA YING A RADIUS OF 889.00 FEET, SAID CURVE BEING CONCENTRIC WITH
AND SOUTHWESTERLY 39.00 FEET FROM SAID NORTHEASTERLY LINE OF PARCEL 8, A RADIAL LINE
OF SAID CUR VE FROM SAID POINT BEARS NORTH 39° 26' 35" EAST;
THENCE ALONG SAID CUR VE AND SAID SOUTHWESTERLY LINE NORTHERLY l 53. 75 FEET THROUGH
A CENTRAL ANGLE OF 09° 54' 32";
THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH
40° 38' 53" WEST 731.53 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCA VE
NORTHEASTERLY AND HA YING A RADIUS OF 568 FEET;
THENCE ALONG SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE
NORTHWESTERLY 310.61 FEET THROUGH A CENTRAL ANGLE OF 31° 19' 54" TO THE NORTHERLY
LINE OF SAID PARCEL 7;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 7 AND THE NORTHWESTERLY LINE OF
SAID PARCEL 4 THE FOLLOWING COURSES; RADIALLY FROM SAID CURVE NORTH 80° 41' 01" EAST
78.00 FEET TO A POINT ON A NON-TAN GENT CUR VE, CONCA VE EASTERLY AND HA YING A RADITJS
OF 490.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID POINT BEARS NORTH 80° 41' 01" EAST;
THENCE ALONG SAID CURVE NORTHERLY 444.14 FEET THROUGH A CENTRAL ANGLE OF 51° 56'00"
TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, OIL AND MlNERAL RJGHTS AS RESERVED BY FIDELITY REALTY
CORPORATION lN DEED RECORDED MAY 22, 1929, lN BOOK 815, PAGE 214 OF DEEDS.
APN: 9 I 6-400-034-1, 916-400-035-2, 9 I 6-400-036-3 9 I 6-400-039-6,916-400-060-4
Page 16 of 25
EXHIB IT "A"
Meritage Property
DEPICTION
- /? .' I,
/_.' /
• ~ J
I _j
Ji
,/ I I
_,
C z
0
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Page 17 of25
EXHIBIT "B"
Hoehn 5 Property
LEGAL DESCRIPTION
That certain real property situated in the City of Temecula, County of Riverside, State
of California and more particularly described as follows:
Parcel B of Lot Line Adjustment No. PAIS-1434 Recorded December 15, 2015, as
Instrument No. 20 I 5-0542235 of Official Records in the Office of the County
Recorder of said Riverside County, California.
Page 18 of 25
EXHIB IT "B"
hn 5 Property Hoe
DEPICTION
- -
_ _J ,_J
1: Cf,' i
...
C z
IS
Ill ... z
Page 19 of 25
E X H IB IT "C "
Solana Property
LEGAL DESCRIPTION
Real property In the City of Temecula, County of Riverside, State of Ca lifornia, described as follows:
PARCEL 1: (APN NO. 916-400-042)
PARCEL 9, AS SHOWN ON THE MAP ENTITLED "PARCEL MAP NO. 36336", FILED AUGUST 20, 2015, IN
BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INUUSJVE, RIVERSIDE COUNTY RECORDS.
PARCEL 2; (APN NO. 916-400-058)
PARCEL C AS SHOWN ON LOT LINE ADJUSTMENT NO. PA15-1434, AS EVIDENCED BY DOCUMENT
RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING
MORE PARTICULARLY DESCRIBED AS FOUOWS;
THAT PORTION OF PARCEL OF 8 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNlY OF
RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH
39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 7;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 7 NORTH 29°58'20" WEST 120.28 FEET
TO A LINE PARALLEL WITH AND 120.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF
SAID PARCEL 7;
THENCE ALONG SAID PARALLEL LINE NORTH 56°07'10" EAST 445.57 FEET TO THE SOUTHWESTERLY
LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP
NO. 36336;
THENCE ALONG SAID SOUTHWESTERLY LINE SOIJTH 40°38'53" EAST 370.97 FEET TO THE TRUE POINT
OF BEGINNING;
THENCE LEAVING SAID LINE SOUTH 56°07'10" WEST 487,92 FEET TO THE SOUTHWESTERLY LINE OF
SAID PARCEL 8;
THENCE ALONG THE SOUTHWESTERLY AND SOUTHEASTERLY OF SAID PARCEL 8, THE FOLLOWING
COURSES: SOUTH 37°45'11" EAST 57.67 FEET;
THENCE SOUTH 28°39'30" EAST 199.91 FEET;
THENCE SOUTH 18°40'57" EAST 138.90 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 8;
THENCE ALONG THE SOUTHEAST ERLY LINE OF SAID PARCEL 8 NORTH 56°07'10" EAST 598.35 FEET TO
THE SOIJTHWESTERLY LINE OF THAT CERTAIN PRIVATE EAS EMENT FOR ACCESS PURPOSES AS
SHOWN ON SAID PARCEL MAP NO. 36336, BEING A POINT ON A NON-TANGENT CURVE, CONCAVE
NORTHEASTE RLY AND HAVING A RADIUS OF 889.00 FEET, A RADIAL LINE OF SAID CURVE FROM SAID
POINT BEARS NORTH 39°26'35" EAST;
THENCE ALONG SAJD CURVE AND SAID SOUTHWESTERLY LINE NORTHWESTERLY 153.75 FEET
THROUGH A CENTRAL ANGLE OF 09°54'32";
THENCE TANGENT FROM SAID CURVE, CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH
40°38'53" WEST 241.99 FEET TO THE TRUE POINT OF BEGINNING.
Page 20 of25
E X H 1B IT "C "
Solana Property
D EPICTIO N
Page 21 of 25
E X H IB IT "D "
Lantern C rest Pro pert y
LE G A L D E SC R IPT IO N
Real property in the City of Temecula, County of Riverside, State of Callfornta, described as
follows:
PARCEL ONE: (APN: 916-400-043)
PARCEL 10, AS SHOWN ON THE MAP ENIDLED "PARCEL MAP NO. 36336", FILED AUGUST 20,
2015, IN BOOK 239 OF PARCEL MAPS, AT PAGES 33 THROUGH 39, INCLUSIVE, RIVERSIDE
COUNTY RECORDS.
PARCEL TWO: (APN: 916-400-044, 916-400-064)
PARCEL A AS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PA17-0956, AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL
RECORDS.
PARCEL THREE: (APN: 916-400-062 and 916-400-065)
PARCEL BAS SHOWN ON NOTICE OF LOT LINE ADJUSTMENT NO. PAl 7-0956, AS EVIDENCED
BY DOCUMENT RECORDED AUGUST 10, 2017 AS INSTRUMENT NO. 2017-0328586 OF OFFICIAL
RECORDS.
Page 22 of25
EXHIBIT "D"
Lantern Crest
DEPICTION
.,_. -
'·
__ ✓,,, ~-- - . -r-\ '.I I\ I
\1\ a,
I ,\ I
0 r,;-. -
1! .,, r/ "'
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Page 23 of25
EXHIBIT "E"
Advantaged Property
LEGAL DESCRIPTION
That portion of Parcel 13 of Parcel Map No. 36336, in the City of Temecula, County of
Riverside, State of California as shown on the map filed in Book 239, pages 33 through 39,
inclusive, of Parcel Maps in the Office of the County Recorder of said Riverside County,
California, being a portion of Parcel C of Lot Line Adjustment No. PA 17-0956 recorded August
10, 2017 as Instrument No. 2017 -0328586 of Official Records of said County Recorder,
described as a whole as follows:
BEGINNING at the northerly terminus of that certain course in the easterly line of said Parcel 13
shown as having a bearing and distance of "N 11 °23'13" E 837. 71' " on said Parcel Map No.
36336;
Thence along said easterly line South 11 °23' 13" West 188.64 feet;
Thence leaving said easterly line North 78°36'47" West 222.17 feet;
Thence North 33°36'47" West 39.36 feet;
Thence North 11 °23'13" East 206.30 feet;
Thence North 52°23'36" East 32.81 feet;
Thence North 15°52'31" West 13.49 feet to the northerly line of said Parcel C;
Thence along the northerly line of said Parcel C the following courses: North 03°23'59" East
17.26 feet;
Thence South 86°36'01" East 204.96 feet to the northerly corner of said Parcel C;
Thence along said easterly · line of Parcel C and Parcel 13 the following courses: South
03°23'59" West 39.00 feet;
Thence South 38°30'11" East 34.36 feet to the beginning of a non-tangent curve concave
westerly and having a radius of 945.00 feet, a radial line to said curve bears South 82°40'56"
East;
Thence southerly along said curve 67.11 feet through a central angle of 04°04'09" to the POINT
OF BEGINNING.
CONTAINS: 1.679 acres, more or less.
Page 24 of25
EX H IB IT "E "
d Property Advantage
DEPICTI ON
Page 25 of25
VIA-ELECTRONIC SUBMITTAL
CEQAProcessing@asrclkrec.com
December 14, 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. PA21-0128, a
Second Amendment to the Development Agreement by and between the City of
Temecula and Lennar Homes, Inc., a California Corporation and Winchester
Hills I LLC, a California Limited Liability Company to rescind the First
Amendment to the Development Agreement and reinstate the original term of
the Development Agreement for the Winchester Property located within
portions of Planning Area 12 of the Harveston Specific Plan.
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
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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: Winchester Hills Development Agreement Second Amendment
Description of Project: Second Amendment to the Development Agreement by and between the City of
Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills
I LLC, a California Limited Liability Company to rescind the First Amendment to
the Development Agreement and reinstate the original term of the Deve lopment
Agreement for the Winchester Property
Project Location: East of Interstate 15 (I-15), west of Ynez Road, north of State Route 79 (SR-79),
and south of Temecula Center Drive within portions of Planning Area 12 of the
Harveston Specific Plan Area
Applicant/Proponent: City of Temecula, County of Riverside
The City Council approved the above described project on December 13, 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)
Other: Section 15061 (b)(3) General Rule Exemption
Statement of Reasons Supporting the Finding that the Project is Exempt:
The Ordinance, which approves the Second Amendment to the Development Agreement, is exempt from CEQA
review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no
possibility that the adoption of the Ordinance may have a significant effect on the environment. The adoption of
the Ordinance repeals the First Amendment which extended the term of the Development Agreement. As the
term of the Development Agreement is being shortened by the adoption of the Ordinance, this is covered by the
common sense exemption under CEQA.
2
Contact Person/Title: Scott Cooper, Senior 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: PA21-0128
APPLICANT: Winchester Hills I LLC a California Limited Liability Company
PROPOSAL: The Planning Commission will be asked to consider, for recommendation to the City
Council, a draft ordinance approving a Second Amendment to the Development
Agreement by and between the City of Temecula and Lennar Homes, Inc., a
California Corporation and Winchester Hills I LLC, a California Limited Liability
Company to rescind the First Amendment to the Development Agreement and
reinstate the original term of the Development Agreement for the Winchester
Property located within portions of Planning Area 12 of the Harveston Specific Plan.
ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will be
adopted in compliance with CEQA (Section 15061(b)(3)) as it can be seen with certainty
that there will be no effect on the environment because the Second Amendment will
reduce the term of the Development Agreement rather than lengthening it.
CASE PLANNER: Scott Cooper, (951) 506-5137
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: November 16, 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.