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HomeMy WebLinkAbout08072024 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA AUGUST 7, 2024 - 6:00 PM CALL TO ORDER: Chair Bob Hagel FLAG SALUTE: Commissioner Gary Watts ROLL CALL: Hagel, Ruiz, Solis, 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to the time the item is called for public comments and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by 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 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. Speaker cards will be called in the order received. Still images may be displayed on the projector. All other audio and visual use is prohibited. Public comments may also be submitted by email for inclusion into the record. Email comments must be received prior to 6:00 p.m. and submitted to PlanningCommission@temeculaca.gov. All public participation is governed by Council Policy regarding Public Participation at Meetings adopted by Resolution No . 2021-54. 1.Minutes Approve the Action Minutes of June 19, 2024Recommendation: MinutesAttachments: Page 1 Planning Commission Agenda August 7, 2024 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 included into the record. 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 LR24-0005, Amending Titles 5, 8, 15, and 17 of the Temecula Municipal Code, Mark Collins Adopt a resolution entitled: PC RESOLUTION NO. 2024- A RESOLUTION 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, 8, 15 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING 1) MINOR REVISIONS TO MASSAGE AND TOBACCO ESTABLISHMENTS OPERATIONAL STANDARDS, 2) CLARIFY LIMITATIONS FOR OUTDOOR VENDORS, 3) AMEND THE DEFINITION OF “NUISANCE” TO INCLUDE “DISORDERLY HOUSE” 4) IMPLEMENT THE PROVISIONS OF AB 970 RELATED TO STREAMLINED APPROVAL OF ELECTRIC AND HYDROGEN FUELING STATIONS 5) SPECIFY THAT THE TEMECULA GENERAL PLAN WILL BE USED FOR LAND USE DETERMINATIONS PERTAINING TO ZONING FOR SPECIFIC PLANS NO. 1, 2, 3, 4, 6, 9, 10, AND 12 NOT RIVERSIDE COUNTY ORDINANCE NO. 348, 6) CLARIFY THAT VENDORS/FARMERS MARKETS REQUIRE A MAJOR TEMPORARY USE PERMIT, AND 7) REMOVE WATER TANKS AS AN APPROVED LOCATION FOR TELECOMMUNICATION FACILITIES, 8) MAKE OTHER CLERICAL OR TYPOGRAPHICAL CORRECTIONS, AND MAKE A FINDING OF EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061 (B)(3)." Recommendation: Page 2 Planning Commission Agenda August 7, 2024 Agenda Report PC Resolution Exhibit A - Draft City Council Ordinance Notice of Public Hearing Attachments: COMMISSIONER REPORTS COMMISSION SUBCOMMITTEE REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be held on Wednesday, August 21, 2024, at 6:00 p.m., in the Council Chambers located at 41000 Main Street, Temecula, California . NOTICE TO THE PUBLIC The full agenda packet (including staff reports and any supplemental material available after the original posting of the agenda), distributed to a majority of the Planning Commission regarding any item on the agenda, will be available for public viewing in the main reception area of the Temecula Civic Center during normal business hours at least 72 hours prior to the meeting. The material will also be available on the City's website at TemeculaCa.gov. and available for review at the respective meeting. If you have questions regarding any item on the agenda, please contact the Community Development Department at (951) 694-6444. Page 3 Item No. 1 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JUNE 19, 2024 - 6:00 PM CALL TO ORDER at 6:00 PM: Chair Bob Hagel FLAG SALUTE: Commissioner Gary Watts ROLL CALL: Hagel, Ruiz, Solis, Turley-Trejo, Watts PUBLIC COMMENTS - NON-AGENDA ITEMS The following individual(s) addressed the Commission: • Caren Hanson PUBLIC COMMENTS - AGENDA ITEMS The following individual(s) addressed the Commission: • Steve Corona (Item #4) CONSENT CALENDAR Unless otherwise indicated below, the following pertains to all items on the Consent Calendar. Approved the Staff Recommendation (3-0): Motion by Ruiz, Second by Turley-Trejo. The vote reflected unanimous approval with Watts and Solis abstaining. 1. Minutes Recommendation: Approve the Action Minutes of June 5, 2024 BUSINESS 2. (Continued from March 20, 2024 Planning Commission Meeting) Long Range Application No. LR24-0028, Amending Chapter 8.48 of the Temecula Municipal Code, Julie Tarrant / Stacy Fox Recommendation: Receive Update and Recommend the City Council adopt an Ordinance amending Chapter 8.48 of the Temecula Municipal Code Motion to recommend that the City Council adopt the revised Ordinance as amended, which would include (1) changes to Section 8.48.120 to delete the location of designated species, (2) changes to Section 8.48.160 including a revision to Subsection B that a mature Tree shall not include a Eucalyptus species, although a Eucalyptus species is eligible to be designated as a Protected Tree through the nomination process, the removal of Section C which identified designated areas for heritage trees, and deleting the requirement that an Oak Tree must be more than eighteen inches in diameter when measured at a point four feet above the natural grade at the base of the tree to qualify as a Heritage tree. (5-0): Motion by Turley-Trejo, Second by Watts. The vote reflected unanimous approval. 2 PUBLIC HEARING 3. Planning Application Numbers PA22-0929, 0930, 0931, a Development Plan for an approximately 60,258 square foot, four-story, 50 room hotel; PA22-0930, a Minor Exception for a two foot increase in the height of the building for an architectural tower element; and PA22-0931, a Variance to allow for parking within the creek side parking facility se tback and encroachment of the building over the build-to line along Old Town Front Street due to the narrow width of the project site. The project is located on the west side of Old Town Front Street approximately 400’ south of Santiago Road (APN: 922-100-048), Scott Cooper Recommendation: Adopt resolutions entitled: PC RESOLUTION NO. 2024-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0929, A DEVELOPMENT PLAN FOR AN APPROXIMATELY 60,258 SQUARE FOOT, FOUR-STORY, 50 ROOM HOTEL LOCATED ON THE WEST SIDE OF OLD TOWN FRONT STREET, APPROXIMATELY 400’ SOUTH OF SANTIAGO ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 922-100-048) PC RESOLUTION NO. 2024-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0930, MINOR EXCEPTION FOR A TWO FOOT INCREASE IN THE HEIGHT OF THE BUILDING FOR AN ARCHITECTURAL TOWER ELEMENT LOCATED ON THE ON THE WEST SIDE OF OLD TOWN FRONT STREET APPROXIMATELY 400 FEETSOUTH OF SANTIAGO ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 922-100-048) PC RESOLUTION NO. 2024-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA22-0931, VARIANCE TO ALLOW FOR PARKING WITHIN THE CREEK SIDE PARKING FACILITY SETBACK AND ENCROACHMENT OF THE BUILDING OVER THE BUILD-TO LINE ALONG OLD TOWN FRONT STREET LOCATED ON THE ON THE WEST SIDE OF OLD TOWN FRONT STREET APPROXIMATELY 400 FEET SOUTH OF SANTIAGO ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (APN: 922-100-048) 3 Motion to approve staff recommendation (5-0): Motion by Turley-Trejo, Second by Ruiz. The vote reflected unanimous approval. 4. Planning Application Number PA14-0087, a Tentative Tract Map (TTM 36483) for the creation of 164 single family residential lots and nine (9) open space lots on 42.64 acres for Planning Area 4 within the Paloma Del Sol Specific Plan, Scott Cooper Recommendation: Adopt a resolution entitled: PC RESOLUTION NO. 2024-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA14-0087, TENTATIVE TRACT MAP (TTM 36483) FOR THE CREATION OF 164 SINGLE FAMILY RESIDENTIAL LOTS AND NINE (9) OPEN SPACE LOTS ON 42.64 ACRES FOR PLANNING AREA 4 WITHIN THE PALOMA DEL SOL SPECIFIC PLAN AND MAKING A FINDING OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER PUBLIC RESOURCES CODE SECTION 21166 AND GOVERNMENT CODE SECTION 65457 (APNS: 959-400-001, 002) Motion to approve staff recommendation. (5-0): Motion by Turley-Trejo, Second by Solis. The vote reflected unanimous approval. COMMISSIONER REPORTS COMMUNITY DEVELOPMENT DIRECTOR REPORT PUBLIC WORKS DIRECTOR REPORT ADJOURNMENT At 7:35 PM, the Planning Commission meeting was formally adjourned to Wednesday, July 3, 2024 at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Bob Hagel, Chair Matt Peters, Interim Director of Community Development Item No. 2 1 STAFF REPORT – PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission Chairperson and members of the Planning Commission FROM: Matt Peters, Director of Community Development DATE OF MEETING: August 7, 2024 PREPARED BY: Mark Collins, Associate Planner PROJECT SUMMARY: Long Range Planning Project Number LR24-0005, Amending Titles 5, 8, 15, and 17 of the Temecula Municipal Code as detailed in Ordinance “2024-__” attached here as Exhibit A. RECOMMENDATION: Adopt a Resolution recommending that the City Council adopt an Ordinance amending Titles 5, 8, 15, and 17 of the Temecula Municipal Code. CEQA: Categorically Exempt 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), Title 8 (Health and Safety), Title 15 (Buildings and Construction) and Title 17 (Zoning). The proposed amendments do not result in an 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 Titles 5, 8, and 15 will be considered by the City Council but are included in the attached draft ordinance to provide additional information to the Planning Commission. This proposed Ordinance was presented to the Planning Commission Municipal Code Maintenance Subcommittee on July 17th and the City Council General Plan Update Subcommittee on July 23rd, the subcommittees were supportive of the changes with additional language related 2 to massage establishment exemptions and what constitutes a major and minor Temporary Use Permit (TUP). Staff amended the language accordingly. Listed below is a summary of the proposed changes to Title 5, 8, 15, and 17 of the Municipal Code, each of which is discussed in greater detailed in the analysis section, which follows: Changes to Title 5: 1. Massage and Massage Establishments – Amend Section 5.22.120 (Exemptions), to remove language allowing all persons holding a valid certificate to practice the healing arts to supervise massage personnel. This exemption clarifies that clinical counselors and other mental health professionals may not supervise massage therapists. 2. Licensure of Tobacco Retailers and Tobacco Shops – Amend Section 5.24.080 (Other requirements and prohibitions) to specify that spray paint, permanent marking devices (paint pens), and nitrous oxide containers shall be kept away from customers in a locked cabinet. 3. Licensure of Tobacco Retailers and Tobacco Shops – Amend Section 5.24.120 (Tobacco Shops) to further clarify that online flavored tobacco sales are prohibited in store, online and that storage of such items is prohibited. Additionally, would further clarify that sales of tobacco or tobacco products to persons under twenty-one (21) years of age is prohibited. Changes to Title 8: 4. Outdoor Vending – Add additional language to Chapter 8.60 (Outdoor Vending on Public Property) for vendors to specify that bike lanes cannot be blocked by customer vehicles, vending stands cannot block or obstruct storefronts and signage as well as establish a maximum size for such vending stands. 5. Public Nuisance – Add “Disorderly House” to the definition of “Public Nuisance” to specify that certain activities are considered a nuisance and subject to abatement per the requirements of this Code. Changes to Title 15: 6. Electric Vehicle Charging Stations – Amend Chapter 15.24 (Streamlined Expedited Review of Electric Vehicle Charging Stations and Hydrogen Fueling Stations Applications) to comply with Assembly Bill 970 (AB 970). Changes to Title 17: 7. Relationship of existing specific plans and Riverside County Land Use Ord. No. 348 – Amend Section 17.01.070 to add language specifying that the City’s General Plan Land Use and associated zoning designation would be used when Ord. No. 348 is referenced as it relates to land use and development standards in specific plans with such references. 3 8. Major Temporary Uses – Amend Section 17.04.020 to specify that vendor and/or farmers markets that occupy parking stalls, drive isles, or other travel routes will require a major TUP. 9. Commercial/Office/Industrial Districts – Make a correction to footnote #9 on Table 17.08.030 to reference Table 6.08.010 (Animal Keeping Standards), and add a reference to Chapter 5.22 (Massage) for such establishments. 10. Telecommunications Facility and Antenna’s – Remove water tanks as a suggested or allowed location for antenna placement. ANALYSIS Outlined below is the explanation for the proposed amendments: 1. Massage – Exemptions Section 5.22.120(A)(1) There have been ongoing requests for use of the exemptions from the requirements of Chapter 5.22 (Massage and Massage Establishments) for clinical counselors and other mental health professionals. The proposed ordinance would amend the exemptions to clarify that clinical counselors and other mental health professionals are not permitted to supervise massage therapists. 2. Tobacco Shops – Prohibitions Section 5.24.080 The proposed ordinance would clarify that tobacco shops that sell nitrous oxide containers, spray paint and all items listed in Section 9.08.040 (Storage or display of aerosol paint containers and marking pens) shall be kept under lock and key and not be accessible to customers without assistance. 3. Tobacco Shops – Operations Section 5.24.120(E)(2) There has been some confusion among businesses as to the prohibition of flavored tobacco products in online settings. The proposed ordinance would further clarify that online sale, delivery, pickup, storage or any other method of selling or providing flavored tobacco products is prohibited. Currently the Municipal Code refers to State Law regarding prohibition of sale to minors. As the intent of regulating tobacco is to expressly prohibit such activities this ordinance would add language that clarifies that underage sale is prohibited by the Temecula Municipal Code. 4. Outdoor Vending on Public Property – Operating Standards Section 8.60.090 4 As the number of vendors on both public and private property has increased, deficiencies within our code related to vendors interaction with existing “brick and mortar” businesses as well as parking were identified during the operation of some such vendors. In an effort to ensure the successful operation of both establishments, the proposed ordinance would clarify that outdoor vendors on public property cannot obstruct signage or entryways of existing businesses, prohibit vehicles parking within or obstructing a bike lane, and las tly clarify the size allowed for vendors on public property. 5. Nuisances – Public Nuisance Defined Section 8.12.020 Staff identified the need to update the definition of “Public Nuisance” based on the required inclusion of what typically are commercial uses within residential zoning districts. Specifically, the definition will clarify that certain bodily functions, activities, behaviors of patrons or staff constitute a public nuisance. Additionally, the definition would clarify that establishments that have ongoing or continual crime or criminal activity occurring within or surrounding the property would be subject to abatement and/or administrative actions. 6. Electric & Hydrogen Fueling Stations – Streamlined Application Chapter 15.24 Assembly Bill No. 970 was signed into law on October 8, 2021, and became effective January 1, 2023. The bill requires that applications for such fueling stations be deemed complete within 5 or 10 business days (dependent upon the number of fueling stations proposed). All such applications will be deemed approved if the building official has not made a finding that the proposed fueling stations could have an adverse impact on the public health and safety, within 20 or 40 days (dependent upon number of fueling stations proposed), and no appeal has been filed. 7. General Plan relationship to County Ord. No. 348 – General Provisions Chapter 17.01 Prior to incorporation, there were several Specific Plans (Nos. 1, 2, 3, 4, 6, 9, 10, and 12) under development that were entitled by Riverside County and used the County’s Ord. No. 348 for development standards, land uses, etc. The City has long since adopted its own General Plan Land Use Designations and Zoning, which are kept current through continual monitoring. The previously adopted specific plans refer to copies of Ord. No. 348 that were in place at the time of adoption, and utilize said document, which in some cases were adopted forty (40) years ago. This presents concerns as the standards and land uses have changed significantly in that time. This change would clarify that in instances where a specific plan does not identify the zoning for a property, the General Plan land use designation would control and not Riverside Ord. No. 348. 8. Temporary Use Permits – Major Temporary Uses Section 17.04.020 The City of Temecula authorizes Temporary Use Permits (TUP’s) in two categories, major and minor. Currently, “farmers markets” and “vendor markets” are not specifically called out within the Temecula Municipal Code as a minor or major temporary use. This proposal would specify that farmers or vendors markets/farmers market that occupy parking stalls, 5 utilize drive isles or similar shall be classified as a major temporary use based upon their similar nature to other major TUP’s classified as the same. 9. Commercial/Office/Industrial Districts – Use Regulations Table 17.08.030 The proposed ordinance would correct footnote #6 to refer to Table 6.08.010 and add footnote #16 specific to Massage which specifies that such establishments shall comply with Chapter 5.22 (Massage), of this Code. 10. Telecommunication Facilities – Location Section 17.40.080 As the need for fast, reliable, and cost-effective wireless telecommunication continues to grow, so does the need for support facilities. Staff have observed an increase in the number of these telecommunication facilities placed upon water tanks, reservoirs and similar structures in surrounding communities. Such uses can expand without the approval of the City due to Federal Regulations related to the colocation requirements for telecommunication facilities. Presently the City allows telecommunication facilities at water tanks and reservoirs within the City. The proposed ordinance would remove water tanks as an authorized location for wireless telecommunication facilities. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Press Enterprise on July 27, 2024. 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 Title 17 amendments clarify that the General Plan land use designation will be used in Specific Plan Nos. 1, 2, 4, 9, 10, and 12 for zoning code determinations and not Riverside County Ordinance No. 348. This is consistent with State law in that if there is a discrepancy between zoning and the General Plan or a Specific Plan and General Plan, the General Plan controls. As such, this change will maintain the status quo in that the General Plan will control. Staff recommends that a Notice of Exemption be prepared and 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. 2024- 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, 8, 15 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING 1) MINOR REVISIONS TO MASSAGE AND TOBACCO ESTABLISHMENTS OPERATIONAL STANDARDS, 2) CLARIFY LIMITATIONS FOR OUTDOOR VENDORS, 3) AMEND THE DEFINITION OF “NUISANCE” TO INCLUDE “DISORDERLY HOUSE” 4) IMPLEMENT THE PROVISIONS OF AB 970 RELATED TO STREAMLINED APPROVAL OF ELECTRIC AND HYDROGEN FUELING STATIONS 5) SPECIFY THAT THE TEMECULA GENERAL PLAN WILL BE USED FOR LAND USE DETERMINATIONS PERTAINING TO ZONING FOR SPECIFIC PLANS NO. 1, 2, 3, 4, 6, 9, 10, AND 12 NOT RIVERSIDE COUNTY ORDINANCE NO. 348, 6) CLARIFY THAT VENDORS/FARMERS MARKETS REQUIRE A MAJOR TEMPORARY USE PERMIT, AND 7) REMOVE WATER TANKS AS AN APPROVED LOCATION FOR TELECOMMUNICATION FACILITIES, 8) MAKE OTHER CLERICAL OR TYPOGRAPHICAL CORRECTIONS, 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), Title 8 (Health and Safety), Title 15 (Buildings and Construction) 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), Title 8 (Health and Safety), Title 15 (Buildings and Construction) and Title 17 (Zoning) of the Temecula Municipal Code on August 7, 2024, 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, 8, 15 & 17 are consistent with the City of Temecula General Plan, and each element thereof. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance attached hereto as Exhibit “A”. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan. The proposed Code Amendments do not change the types of uses allowed in the City. The proposed Code Amendments clarify when the City of Temecula General Plan Land Use and Zoning Designation will be used for specific plans adopted prior to the City’s adopted General Plan Land Use Element. Since the General Plan controls when there is a conflict between a General Plan and Specific Plan or Zoning, then this change is just clarifying the status quo. In addition, the proposed Code Amendments clarify the operational standards of existing land uses and do not increase or decrease the intensity of any use. 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 Titles 5, 8, 15, and 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify operational requirements for massage establishments, tobacco shops and outdoor vendors which furthers Policy 5.2 of the Economic Development Element of the Temecula General Plan, which is to “Monitor economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages.” The proposed changes implement the requirements of Assembly Bill (AB) 970, which requires the streamlined processing of electric and hydrogen vehicle fueling facilities, which furthers Policy 3.5 of the Air Quality Element of the Temecula General Plan, which is to “Promote the use of alternative clean-fueled vehicles, new transportation technologies, and combustion engine alternatives for personal and business use.” The proposed amendments would clarify that vendors markets are a major temporary use permit and remove water tank as a preferred location for wireless telecommunication facilities which implements Goal 1 of the Community Design Element of the Temecula General Plan which states “Design excellence in site planning, architecture, landscape architecture and signs. 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 would clarify that Riverside County Ordinance No. 348 will not be used for specific plan land use determinations and the Temecula General Plan will be used. This will ensure that no inconsistencies arise from discrepancies between previously adopted specific plans and the Temecula General Plan. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2024- 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 intensit y or density of any land use or allow any development where it was not otherwise permitted. The Title 17 amendments clarify that the General Plan land use designation will be used in Specific Plan Nos. 1, 2, 4, 9, 10, and 12 for zoning code determinations and not Riverside County Ordinance No. 348. This is consistent with State law in that if there is a discrepancy between zoning and the General Plan or a Specific Plan and General Plan, the General Plan controls. As such, this change will maintain the status quo in that the General Plan will control. 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. LR24-0005, a proposed Citywide Ordinance as set forth on Exhibit “A”, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 7th day of August 2024. Bob Hagel, Chair ATTEST: Matt Peters Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Matt Peters, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 2024- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 7th day of August 2024, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: Matt Peters Secretary 1 ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLES 5, 8, 15 AND 17 OF THE TEMECULA MUNICIPAL CODE MAKING 1) MINOR REVISIONS TO MASSAGE AND TOBACCO ESTABLISHMENTS OPERATIONAL STANDARDS, 2) CLARIFY LIMITATIONS FOR OUTDOOR VENDORS, 3) AMEND THE DEFINITION OF “NUISANCE” TO INCLUDE “DISORDERLY HOUSE” 4) IMPLEMENT THE PROVISIONS OF AB 970 RELATED TO STREAMLINED APPROVAL OF ELECTRIC AND HYDROGEN FUELING STATIONS 5) SPECIFY THAT THE TEMECULA GENERAL PLAN WILL BE USED FOR LAND USE DETERMINATIONS PERTAINING TO ZONING FOR SPECIFIC PLANS NO. 1, 2, 3, 4, 6, 9, 10, AND 12 NOT RIVERSIDE COUNTY ORDINANCE NO. 348, 6) CLARIFY THAT VENDORS/FARMERS MARKETS REQUIRE A MAJOR TEMPORARY USE PERMIT, AND 7) REMOVE WATER TANKS AS AN APPROVED LOCATION FOR TELECOMMUNICATION FACILITIES, 8) MAKE OTHER CLERICAL OR TYPOGRAPHICAL CORRECTIONS, 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), Title 8 (Health and Safety), Title 15 (Buildings and Construction) 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 August 7, 2024, 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 PC Resolution No. 2024- , recommending that the City Council approve the Code Amendments. 2 D. The City Council, at a regular meeting, considered the Ordinance on September 11, 2024, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 (“Relationship to General Plan”) of the Temecula Municipal Code: 1. The proposed 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. The proposed Code Amendments do not change the types of uses allowed in the City. The proposed Code Amendments clarify when the City of Temecula General Plan Land Use and Zoning Designation will be used for specific plans adopted prior to the City’s adopted General Plan Land Use Element. Since the General Plan controls when there is a conflict between a General Plan and Specific Plan or Zoning, then this change is just clarifying the status quo. In addition, the proposed Code Amendments clarify the operational standards of existing land uses and do not increase or decrease the intensity of any use. 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 Titles 5, 8, 15, and 17 conform with the goals, policies, programs and guidelines of the elements of the General Plan. The proposed changes modify operational requirements for massage establishments, tobacco shops and outdoor vendors which furthers Policy 5.2 of the Economic Development Element of the Temecula General Plan, which is to “Monitor economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages.” The proposed changes implement the requirements of Assembly Bill (AB) 970, which requires the streamlined processing of electric and hydrogen vehicle fueling facilities, which furthers Policy 3.5 of th e Air Quality Element of the Temecula General Plan, which is to “Promote the use of alternative clean-fueled vehicles, new transportation technologies, and combustion engine alternatives for personal and business use.” The proposed amendments would clarify that vendors markets require a major temporary use permit and remove water tank as a preferred location for wireless telecommunication facilities which implements Goal 1 of the Community Design Element of the Temecula General Plan which states “Design excellence in site planning, architecture, landscape architecture and signs.” The remaining proposed amendments to the Temecula Municipal Code are minor clarifications and make 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 would clarify that Riverside County Ordinance No. 348 will not be used for specific plan land use determinations and the Temecula General Plan will be used. This will ensure that no inconsistencies arise from discrepancies between previously adopted specific plans and the Temecula General Plan. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the 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 Title 17 amendments clarify that the General Plan land use designation will be used in Specific Plan Nos. 1, 2, 4, 9, 10, and 12 for zoning code determinations and not Riverside County Ordinance No. 348. This is consistent with State law in that if there is a discrepancy between zoning and the General Plan or a Specific Plan and General Plan, the General Plan controls. As such, this change will maintain the status quo in that the General Plan will control. The Community Development Director is hereby directed to file a Notice of Exemption in accordance with CEQA and the State CEQA Guidelines. Section 4. Subsection 5.22.120(A)(1) of Section 5.22.120(A) (Exemptions) of Chapter 5.22 (Massage and Massage Establishments) of Title 5 (Business Licenses and Regulations) 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 5.22.120 remaining unchanged: A. This chapter shall not apply to the following individuals or businesses while engaged in the performance of the duties of their respective professions: 1. Physicians, surgeons, chiropractors, osteopaths, medical professionals and other persons holding a valid certificate to practice the healing arts to the extent such persons are performing massage, as defined in this chapter, at a licensed business as part of, and to the extent permitted by, their respective professions. Physicians, surgeons, chiropractors, osteopaths and medical professionals may also hire an independent contractor holding a valid CAMTC certificate to work under their direct supervision to perform massage, as long as the person works at the same location as the physician, surgeon, chiropractor, osteopath and medical professional. Direct supervision, as used in this subsection, requires physicians, surgeons, chiropractors, osteopaths and medical professionals holding a valid certificate to practice the healing arts under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code to be present at the office of the business establishment and immediately available to furnish assistance and direction throughout the performance of the massage. The supervising medical professional is required to be physically present on site. The required presence does not include virtual presence through audio/video real-time communications technology; 4 Clinical counselors and/or other mental health professionals, and other persons holding a valid certificate to practice the healing arts may not hire an independent contractor to perform massage services under this exemption. Section 5. Subsection “E” (Locked Items) is hereby added to Section 5.24.080 (Other requirements and prohibitions.) of Chapter 5.24 (Licensure of Tobacco Retailers and Tobacco Shops) of Title 5 (Business Licenses and Regulations) of the Temecula Municipal Code to read as follows with all other provisions of Section 5.24.080 remaining unchanged: E. Locked Items. All items listed in Section 9.08.040 and all containers of nitrous oxide shall be required to be stored in an area that is not viewable by, nor accessible to (locked), the public in the regular course of business without employee assistance. The size, quantity, and intended or marketed purpose of the items does not modify these requirements. Section 6. Item 2 (Operations) of Subsection E (Tobacco Shop Requirements) of Section 5.24.120 (Tobacco Shops.) of Chapter 5.24 (Licensure of Tobacco Retailers and Tobacco Shops) of Title 5 (Business License 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 5.24.120 remaining unchanged: m. Tobacco Flavors. A tobacco shop, or any of the tobacco shop's agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer as defined in Health and Safety Code Section 104559.5. This includes the storage, and/or online sales to include pickup or delivery services of flavored tobacco products. q. Underage Sale Prohibited. Sale of any tobacco product(s) to a person(s) under the age of twenty-one (21) years of age is prohibited and shall be considered a Class 1 violation in accordance with the provisions of this chapter. Section 7. Subsections “U” “V” and “W” are hereby added to Section 8.60.090 (Operating Standards.) of Chapter 8.60 (Outdoor Vending on Public Property) of Title 8 (Health and Safety) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 8.60.090 remaining unchanged: U. No vendor may obstruct monument signs and/or commercial property storefronts, to include ingress and egress routes. V. No vendor shall allow vehicles to park, stop or in any way obstruct bicycle lanes, bikeways, or bicycle paths. W. No vending stand shall exceed four feet in width, six feet in length, and eight feet in height, inclusive of signage, umbrellas, streamers or other items for the purpose of drawing attention to the vending stand. 5 Section 8. Subsections “AA” and “BB” are hereby added to Section 8.12.020 (Public nuisance defined) of Chapter 8.12 (Nuisances) of Title 8 (Health and Safety) of the Temecula Municipal Code to read as follows (with additions appearing in underlined text), with all other provisions of Section 8.12.020 remaining unchanged: “AA. Disturbs persons of reasonable sensibilities occupying nearby properties with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, partying, ball playing, drug use, and similar disturbances. BB. Has many ongoing crimes on the property, inside buildings on the property, within fifty (50) feet of the property or to the Right-of-Way, (whichever is greater) adversely affecting the reasonable use of other properties, including but not limited to, drunks, fights, assaults, prostitution, narcotics, thefts of property, robberies.” Section 9. Chapter 15.24 (Electric Vehicle Charging Station Streamlined Permitting Process) of Title 15 (Buildings and Construction) of the Temecula Municipal Code is hereby amended to read as follows (with additions appearing in underlined text and deletions shown in underlined text), with all other provisions of Chapter 15.24 remaining unchanged: Chapter 15.24 Electric Vehicle Charging Station Streamlined Permitting Process “Streamlined Expedited Review of Electric Vehicle Charging Stations and Hydrogen-Fueling Stations Applications” § 15.24.010 Purpose. § 15.24.020 Applicability. § 15.24.030 Definitions. § 15.24.040 Permit application and review process. § 15.24.050 Fees. § 15.24.010 Purpose. The purpose of this chapter is to create an expedited, streamlined electric vehicle charging station permitting process for electric vehicle charging stations and hydrogen-fueling stations that complies with Government Code Sections 65850.7 to achieve and 65850.71 and is timely and cost-effective installations of electric vehicle charging stations. § 15.24.020 Applicability. A. This section applies to applications for expedited building permits for electric vehicle charging stations and hydrogen-fueling stations consistent with California Government Code Section 65850.7 and California Government Code Section 65850.71. B. Electric vehicle charging stations legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging station in such a way as to require a new permit. § 15.24.030 Definitions. 6 For the purpose of this chapter, words and terms shall be defined as set forth in this section. Where terms are not defined in this code and are defined in other codes, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized by this section, such terms shall have ordinary accepted meanings such as the context implies. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electric Code, as it read on January 1, 2016, and delivers electricity from a source outside of an electric vehicle into a plug-in electric vehicle. “Electronic submission” means a submission of an application utilizing email, the internet, and/or facsimile transmission. “Hydrogen-fueling station” means the equipment used to store and dispense hydrogen fuel to vehicles according to industry codes and standards that is open to the public. “Service station” means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date an application was deemed complete. § 15.24.040 Permit application and review process. A. The building official shall adopt a checklist of all application requirements for expedited building permits for electric vehicle charging stations or hydrogen-fueling station. The checklist shall substantially conform to the most current version of the “Plug- In Electric Vehicle Infrastructure Permitting Checklist” found in the “Zero-Emission Vehicles in California: Community Readiness Guidebook” published by the Governor's officeOffice of Planning and Research. The checklist, application form, and any other documents required by the building official shall be published on the city's website and shall allow for electronic submittal of a permit application and associated documentation. B. Anyone seeking to install an electric vehicle charging station or hydrogen-fueling station at any site within the city shall apply to the building official for an expedited nondiscretionary building permit. C. An expedited nondiscretionary building permit to install a hydrogen-fueling station is permitted if the station fits on a parcel either zoned for industrial or commercial development and does not contain any residential unit or was not previously developed with a service station. CD. An application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station, and all associated documentation, mayshall be submitted to the building official in person, by mail, or by electronic submission. Electronic signatures may be used in lieu of wet signatures. 7 DE. An application for a hydrogen-fueling station that, in the opinion of the building official, satisfies the information requirements of the checklist adopted by the city shall be deemed complete. An application for an electric vehicle charging station shall be deemed complete if it satisfies the requirements of the checklist adopted by the city or the requirements listed in subsection J. EF. If an application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station is deemed incomplete, the building official shall provide a written correction notice of the deficiencies and the additional information required to complete the application. FG. If the building official determines that an application for an expedited building permit for an electric vehicle charging station or hydrogen-fueling station is complete, the building official shall review the application. If the building official determines that the proposed charging station meets all health and safety requirements of local, state, and federal law, and would not have a specific, adverse impact upon the public health or safety, the application shall be approved, and a building permit shall be issued. GH. If the building official of the City finds, based on substantial evidence, that a proposed electric vehicle charging station or hydrogen-fueling station could have a specific, adverse impact uponon the public health or safety, the city may require the applicant to apply for an electric vehicle charging station use permit in order to install the proposed charging or fuel station. HI. An application for an electric vehicle charging station or hydrogen-fueling station use permit shall be reviewed by the building official. The building official shall not deny such an application without making written findings, based upon substantial evidence inon the record, that the proposed charging station would have a specific, adverse impact upon the public health or safety which could not feasibly be satisfactorily mitigated or avoided. The written findings required for the rejection of an electric vehicle charging station or hydrogen-fueling station use permit application shall include the building official's basis for rejecting any potentially feasible alternatives that could mitigate or prevent the alleged adverse impact. J. An application to install an electric vehicle charging station submitted to the buildi ng official of the City shall be deemed complete if, after the applicable time period has elapsed, all of the following are true: 1. The building official has not deemed the application complete, consistent with the checklist created by the City pursuant to Government Code section 65850.7(g). 2. The building official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the building official to complete a review limited to whether the electric vehicle charging station meets all health and safety 8 requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Government Code section 65850.7. 3. “Applicable time period” for purposes of this paragraph means either of the following: a. Five business days after submission of the application to the City, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. b. Ten business days after submission of the application to the City, if the application is for more than 25 electric vehicle charging stations at a single site. K. An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (J) has elapsed and all of the following are true: 1. The building official has not administratively approved the application pursuant to Government Code section 65850.7(b). 2. The building official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Government Code Section 65850.7(b). 3. The building official has not denied the use permit pursuant to Government Code section 65850.7(c). 4. An appeal has not been made to the Planning Commission pursuant to Government Code section 65850.7(d). 5. “Applicable time period” for purposes of this paragraph means either of the following: a. Twenty business days after the application was deemed complete, if the application is for at least 1, but not more than 25 electric vehicle charging stations at a single site. b. Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. L. Pursuant to Government Code Section 65850.7, the building official's review shall be limited to health and safety issues. Aesthetic concerns, or other items not related unrelated to public health or safety may not be considered. IM. A decision of the building official made pursuant to subsections F through H may be appealed to the planning commission in accordance towith the procedures set forth in Section 17.03.090. The planning commission's review shall also be limited to health and safety issues. 9 J. N. Any condition imposed on an application for an expedited building permit orfor an electric vehicle charging station or a hydrogen-fueling station use permit shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. § 15.24.050 Fees. The city council may establish by resolution fees that shall be charged for permits issued under this section. Section 10. Section 17.01.070 (Relationship to existing specific plans and Riverside Land Use Ordinance.) of Chapter 17.01 (General Provisions) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough and additions appearing in underlined text), with all other provisions of Section 17.01.070 remaining unchanged: The development code shall repeal those portions of the Riverside County Land Use Ordinance formerly adopted by reference by the city. Existing specific plans No. 1, 2, 3, 4, 6, 9, 10, and 12 located within the city that have been approved under the Riverside County Ordinance shall be designated and zoned based upon Table LU-1 (Land Use Designations) of the Land Use Element of the General Plan and Chapter 17.02 (Establishment of Zoning Districts) of this code. All land use determinations shall be at the sole discretion of the Director of Community Development per Section 17.03.020 of this code as specific plans under the provisions of Chapter 17.16. The specific plan shall provide the development regulations for that area. However, if the specific plan does not address a particular standard, use, condition, or technological advancement, then the provisions of this title shall apply. Section 11. Item 1 (Major Temporary Uses) of Subsection B (Permitted Uses) of Section 17.04.020 (Temporary Use Permits.) of Chapter 17.04 (Permits) 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 Item 1 remaining unchanged: “i. Outdoor temporary swap meets or auctions, limited to two events per calendar year, not exceeding four consecutive days.; and j. Vendor and/or farmers markets that propose the use of parking stalls, drive isles, entrances or exits, walkways or other methods of travel, pedestrian and vehicular, to and from the site.” Section 12. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations.) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with deletions appearing in strikethrough text and additions appearing in underlined text), with all other provisions of Table 17.08.030 remaining unchanged: 10 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Massage16 P P P P P P - S Sports and recreational or training facility C C C C C C C Notes: 9. Subject to the supplemental development standards contained in Table 6.08.010 Chapter 6.04 of this code. 16. Subject to the requirements of Chapter 5.22 of this code. Section 13. Item 2 of Subsection B of Section 17.40.080 (Planning director approval of telecommunication facilities and antennas.) of Chapter 17.40 (Telecommunication facility and antenna ordinance) 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 17.40.080 remaining unchanged: 2. Antennas mounted on other existing structures, such as water tanks, pump stations, utility poles, or ball field lighting. Notwithstanding the above, antennas mounted on existing structures are not limited to commercial or industrial zones; Section 14. 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 15. 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 16. 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 28th day of September, 2024. 11 James Stewart, Mayor ATTEST: _________________________________ Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2024- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 11th day of September, 2024, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 11 day of September, 2024, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: CASE NO: LR24-0005 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, 8, 15 and 17 of the Temecula Municipal Code making 1) minor revisions to massage and tobacco establishments operational standards, 2) clarify limitations for outdoor vendors, 3) amend the definition of “nuisance” to include “disorderly house” 4) implement the provisions of AB 970 related to streamlined approval of electric and hydrogen fueling stations 5) specify that the Temecula General Plan will be used for land use determinations pertaining to zoning for specific plans No. 1, 2, 4, 9, 10, and 12 not riverside county ordinance no. 348, 6) clarify that vendors/farmers markets require a major temporary use permit, and 7) remove water tanks as an approved location for telecommunication facilities, 8) make other clerical or typographical corrections, and make a finding of exemption under California Environmental Quality Act (CEQA) guidelines section 15061 (b)(3).” ENVIRONMENTAL: In accordance with the California Environmental Quality Act (CEQA), staff has determined that the proposed project is exempt from further environmental review and a Notice of Exemption will be recommended for adoption in compliance with CEQA Section 15061 (b)(3). CASE PLANNER: Mark Collins, (951) 506-5172 PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers DATE OF HEARING: August 7, 2024 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.