HomeMy WebLinkAbout121610 DH Agenda AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
December 16, 2010 1:30 P.M.
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Patrick Richardson, Director of Planning and Redevelopment
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Planning
Director on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Planning Director about an item not listed on the
Agenda, a white "Request to Speak" form should be filled out and filed with the Planning
Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1 1:30 p.m.
Project Number: PA10-0320
Project Type: Minor Conditional Use Permit
Project Title: Steve's Towing
Applicant: Kassen Klien
Project Description: A Minor Conditional Use Permit to allow an existing towing facility to
have outdoor storage of vehicles with no proposed external changes
to the building or the site plan
Location: 42620 Rio Nedo
Environmental Action: Exempt per CEQA Section 15301, Class 1 Existing Facilities
Project Planner: Eric Jones
The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at
43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be
available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the
meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org.
R:\Directors Hearing�Agendas�2010\12-16-10 Agenda.doc
STAFF REPORT — PLANNING
CITY OF TEMECULA
DIRECTOR'S HEARING
DATE OF MEETING: December 16, 2010
PREPARED BY: Eric Jones, Case Planner
PROJECT Planning Application No. PA10-0320, a Minor Conditional Use
SUMMARY: Permit to allow an existing automobile impound yard located at
42620 Rio Nedo to have outdoor storage of vehicles. No external
changes to the building or the site plan are proposed.
RECOMMENDATION: Approve with Conditions
CEQA: Categorically Exempt
Section 15301, Class 1 Existing Facilities
PROJECT DATA SUMMARY
Name of Applicant: Kassen Klien on behalf of Steve's Towing
General Plan Industrial Park (IP)
Designation:
Zoning Designation: Light Industrial (LI)
Existing Conditions/
Land Use:
Site: Existing Industrial Structure / Industrial Park (IP)
North: Existing lndustrial Structure / Industrial Park (IP) .
South: Rio Nedo - Existing Industrial Structure / Industrial Park (IP)
East: Existing Industrial Structure / Industrial Park (IP)
West: Existing Industrial Structure / Industrial Park (IP)
Existinq/Proposed Min/Max Allowable or Required
Lot Area: 1.02 Acres N/A
Total Floor Area/Ratio: 9,926 Square Feet N/A
Existing
Landscape Area/Coverage: 10,855 Square Feet N/A
Existing
Parking Required/Provided: 14 Existing 11 Minimum
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BACKGROUND SUMMARY
On November 1, 2010, Kassen Klien, representing Steve's Towing, submitted Planning
Application PA10-0320; a Minor Conditional Use Permit to allow for the storage of vehicles
within an outdoor yard located on-site. Staff has worked with the applicant to ensure that all
concerns have been addressed, and the applicant concurs with the recommended Conditions of
Approval.
ANALYSIS
Steve's Towing Inc. is a corporation whose primary functions are automobile towing, automobile
recovery, and roadside assistance. Impound and storage services are also provided.
Automobile repair and or dismantling are not conducted. The business currently operates out of
an existing 9,926 light industrial structure within a Light Industrial zoning district. In order to
facilitate their business needs, the applicant would like to expand their storage space to include
the outdoor areas located on the east, west and north sides of the structure. Vehicles are
currently stored within the existing structure. Approximately 70 vehicles can be stored indoors.
The proposed Minor Conditional Use Permit will allow the impound and storage portion of the
business to provide outdoor vehicle storage. Table 17.08.030 of the City of Temecula
Development Code states that automobile impound and storage yards are permitted in Light
Industrial zoning districts upon the approval of a Conditional Use Permit. Per the Statement of
Operations, the outdoor storage area can accommodate approximately 20 vehicles. Five of
these spaces will be used for the parking of company vehicles while the rest are devoted to the
impound and storage services offered by the business. Vehicles will enter the storage area
through a gate on the west side of the property. This gate will allow the stored vehicles to be
visible from the public right-of-way. As this gate is currently in disrepair, the project has been
conditioned to require that this gate be repaired to manufacture specifications. The east side of
the property is concealed through fencing and landscaping. The repaired gate, fencing and
landscaping will ensure vehicles parked outside are not visible from the public right-of-way. No
changes to the structure or site plan are proposed for the project.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on December 4, 2010 and mailed
to the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review (Section 15301, Class 1
Existing Facilities).
The proposed project is intended for a fully developed parcel containing a 9,926-square foof
structure wifh 23, 589 square feet of paved area. No modifications to the structure or site plan
are proposed. The area that will be used for outdoor vehicle storage is full paved.
FINDINGS
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed conditional use will allow an existing automobile towing/impound business
located in a Light Industrial zone to store vehicles in an outdoor yard area. Aufomobile impound
and storage uses are permitted within Light Industrial zones per Table 17.08.030 of the City of
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2
Temecula Development Code. Therefore, the project is consistent with fhe City of Temecula
General Plan and Development Code.
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, buildings and structures and the proposed conditional use will not adversely
affect the adjacent uses, buildings or structures.
The area surrounding the project is fully developed and zoned Light Industrial and the proposed
conditional use is permitted in Light Industrial zones upon approval of a Conditional Use Permit.
The proposed condifional use has been reviewed and conditioned by the Planning, Police, Fire,
and Public Works to ensure it is compatible with the nature, condifion and development of
adjacent uses, buildings and,structures. Furthermore, the proposed use will not adversely affect
the adjacent uses, buildings or structures. �
The site for a proposed conditional use is adequate in size and shape to accommodate the
yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other
development features prescribed in this Development Code and required by the Planning
Commission or City Council in order to integrate the use with other uses in the neighborhood.
The proposed use will be located on a fully developed parcel within a Light Industrial zoning
district. No changes have been proposed to any of the existing improvements located on the
parcel. The site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, buffer areas, landscaping, and other development features
described in the Development Code and required by the Planning Director to integrate with
other uses in the neighborhood.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
The City of Temecula Planning, Fire, Building and Safety and Public Works departments have
reviewed and conditioned fhe project to ensure that it will not be detrimental to the health, safety
and welfare of the community. Furthermore, the proposed project is consistent with fhe '
requirements outlined in Chapter 17.04.010 of the Cify of Temecula's Development Code, and
the project is consistent with current Building and Fire Codes, which contain provisions to
protect the health, safety, and general welfare of the community.
That the decision to approve, conditionally approve, or deny the application for a Conditional
. Use Permit be based on substantial evidence in view of the record as a whole before the
Planning Commission or City Council on appeal.
The decision to approve, conditionally approve, or deny the application for a Conditional Use
Permit is based on substantial evidence in view of the record as a whole before the Director of
Planning.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A- Draft Conditions of Approval
Notice of Public Hearing
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STEVESTOYANG
DH RESOLUTION
DH RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING DIRECTOR OF THE
CITY OF TEMECULA APPROVING , PLANNING
APPLICATION NO. PA10-0320, A MINOR CONDITIONAL �
USE PERMIT TO ALLOW AN EXISTING AUTOMOBILE
IMPOUND YARD LOCATED AT 42620 RIO NEDO TO
HAVE OUTDOOR STORAGE OF VEHICLES. NO
EXTERNAL CHANGES TO THE BUILDING OR THE SITE
PLAN ARE PROPOSED (909-290-027)
Section 1. Procedural Findings. The Planning Director of the City of Temecula
does hereby find, determine and declare that:
A. On November 1, 2010, Kassen Klien on behalf of Steve's Towing, filed
Planning Application No. PA10-0320 �Conditional Use Permit Application in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Director, at a regular meeting, considered the Application
and environmental reviEw on December 16, 2010, at a duly noticed public hearing as
prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Director's Hearing and after due consideration of
the testimony, the Planning Director approved Planning Application No. PA10-0320
subject to Conditions of Approval, after finding that the project proposed in Planning
Application No. PA10-0320, conformed to the City of Temecula's General Plan and
Development Code.
Section 2. Further Findings. The Planning Director, in approving Planning
Application No. PA10-0320, hereby makes the following findings as required by Section
17.04.010.E (Conditional Use Permits).
' A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The proposed conditional use will allow an existing automobile towing/impound
business located in a Light Industrial zone to store vehicles in an outdoor yard
area. Automobile impound and storage uses are permitted within Light /ndustrial
zones per Table 17.08.030 of the City , of Temecula Develapment Code.
Therefore, the project is consistent with the City of Temecula Genera/ Plan and
Development Code.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional
use will not adversely affect the adjacent uses, buildings or structures;
The area surrounding the project is fully developed and zoned Light Industrial
and the proposed conditiona/ use is permitfed in Light Industrial zones upon
approvaF of a Conditional Use Permit. The proposed conditional use has been
reviewed and condifioned by the Planning, Police, Fire, and Public Works to
ensure it is compatible with the nature, condition and development of adjacent
uses, buildings and structures. Furthermore, the proposed use will not adversely
affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in this development code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The proposed use will be located on a fully developed parcel within a Light
Industrial zoning district. No changes have been proposed to any of the existing
improvements located on the parcel. The site is adequate in size and shape fo
, accommodate the yards, walls, fences, parking and loading facilities, buffer
areas, landscaping, and other development features described in the
Development Code and required by the P/anning Director to integrate with other
uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The City of Temecu/a Planning, Fire, Building and Safety and Public Works
departments have reviewed and conditioned the project to ensure that it will not
be detrimenta/ to the health, safety and welfare of the community. Furthermore,
the proposed project is consistent with the requirements outlined in Chapter
17.04.010 of the City of Temecula's Development Code, and the project is
consistent with current Building and Fire Codes, which contain provisions to
protect the health, safety, and general we/fare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the Planning Commission or City Council on appeal;
The decision to approve, conditionally approve, or deny the application for a
conditional use permit is based on substantial evidence in view of the record as a
whole before the Director of P/anning.
Section 3. Environmental Findings. The Planning Director hereby makes the
following environmental findings and determinations in connection with the approval of
the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1 Existing Facilities).
The proposed project is intended for a fully developed parcel containing a 9, 926-
square foof structure with 23,589 square feet of paved area. No modificafions to
the structure or site plan are proposed. The area that will be used for outdoor
vehicle storage is full paved.
Section 4. Conditions. The Planning Director of the City of Temecula
approves Planning Application No. PA10-0320, a Minor Conditional Use Permit to allow
an existing automobile impound yard located at 42620 Rio Nedo to have outdoor
storage of vehicles., subject to the Conditions of Approval set forth on Exhibit A,
attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Director this 16 day of December 2010
Patrick Richardson, Planning Director
I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby
certify that the forgoing DH Resolution No. 10- was duly and regularly adopted by
the Planning Director of the City of Temecula at a regular meeting thereof held on the
16 day of December 2010.
Cynthia Lariccia, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL '
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA10-0320
Project Description: A Minor Conditional Use Permit to allow an existing automobile
impound yard located at 42620 Rio Nedo to have outdoor storage of
vehicles. No external changes to the building or the site plan are
proposed
Assessor's Parcel No.: 909-290-027
MSHCP Category: Exempt (No New Construction)
DIF Category: Exempt (No New Construction)
TUMF Category: Exempt (No New Construction)
Approval Date: December 16, 2010
Expiration Date: December 16, 2010
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of Sixty-Four pollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicanU
developer has not delivered to the Planning Department the check as required above,
the approval for the project granted shall be void by reason of failure of condition (Fish
and Game Code Section 711.4(c)).
General Requirements
PL-2. The applicant and owner of the real property subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the
City's own selection from any and all claims, actions, awards, judgments, or
proceedings against the City to attack, set aside, annul, or seek monetary damages
resulting, directly or indirectly, from any action in furtherance of and the approval of the
City, or any agency or instrumentality thereof, advisory agency, appeal board or
legislative body including actions approved by the voters of the City, concerning the
Planning Application. The City shall be deemed for purposes of this condition, to
include any agency or instrumentality thereof, or any of its elected or appointed officials,
officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to
which this condition is applicable and shall further cooperate fully in the defense of the
action. The City reserves the right to take any and all action the City deems to be in the
best interest of the City and its citizens in regards to such defense.
PL-3. The permittee shall obtain Ciry approval for any modifications or revisions to the
approval of this project.
PL-4. This approval shall be used within two years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the finro year period, which is thereafter diligently
pursued to completion, or the beginning of substantial utilization contemplated by this
approval.
PL-5. The Planning Director may, upon an application being filed prior to expiration, and for
good cause, grant a time extension of up to 3 one-year extensions of time, one year at a
time.
PL-6. The development of the premises shall substantially conform to the approved site plan
and elevations contained on file with the Planning Department.
PL-7. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authoriry to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
PL-8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers,
landscape debris, and waste from entering the storm drain system or from leaving the
property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or
repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters.
Ensure that all materials and products stored outside are protected from rain. Ensure
all trash bins are covered at all times.
PL-9. The applicant shall comply with their Statement of Operations submitted November 1,
2010, on file with the Planning Department, unless superseded by these Conditions of
Approval.
PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-11. The Ciry, its Planning Director, Planning Commission, and City Council retain and
reserve the right and jurisdiction to review and modify this Conditional Use Permit
(including the Conditions of Approval) based on changed circumstances. Changed
circumstances include, but are not limited to, the modification of business, a change in
scope, emphasis, size of nature of the business, and the expansion, alteration,
reconfiguration or change of use. The reservation of right to review any Conditional
Use Permit granted or approved or conditionally approved hereunder by the City, its
Planning Director, Planning Commission and City Council is in addition to, and not in-
lieu of, the right of the City, its Planning Director, Planning Commission, and City
Council to review, revoke or modify any Conditional Use Permit approved or
conditionally approved hereunder for any violations of the conditions imposed on such
Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PL-12. The security access gate shall be repaired to manufacture specifications before outdoor
vehicle storage is conducted.
OUTSIDE AGENCIES
PL-13. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated November4, 2010, a
copy of which is attached.
FIRE PREVENTION
General Requirements
F-1. During remodeling and/or addition construction, all fire and life safety systems will be
maintained in working order and up to their original design and performance
specifications.
F-2. Fire Department vehicle access roads shall have an unobstructed width of not less than
24 feet and unobstructed vertical clearance of not less than 13 feet 6 inches (CFC
Chapter 5, Section 503.2, 503.2.5 and City Ordinance 15.16.020 Section E).
F-3. Fire apparatus access roads shall be designed and maintained to support the imposed
loads of fire apparatus and shall be with a surface so as to provide all-weather driving
capabilities. Access roads shall be 80,000 Ibs. GVW with a minimum of AC thickness
of .25 feet. In accordance with Section 1410.1, prior to building construction, all
locations where structures are to be built shall have fire apparatus access roads. (CFC
Chapter 5, Section 503.2.3 and City Ordinance 15.16.020 Section E).
F-4. Hydrant locations shall be identified by the installation of reflective markers (blue dots)
(City Ordinance 15.16.020 Section E).
F-5. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid
Entry System for emergency access by fire fighting personnel (CFC Chapter 5, Section
506).
F-6. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection (CFC Appendix Chapter 1,
Section 105).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant will ensure that at no time will vehicles in their possession be on the public
right-of-way. Applicant will ensure that all vehicles be parked in the proper storage
area.
PD-3 If private security is utilized, applicant will ensure Security Company is licensed, bonded
and insured. Furthermore, security personnel will be unarmed.
PD-4 Applicant will be responsible for any cost incurred by the Police Department if officers
are required because of traffic problems/congestion, public disturbance or where the
need for police presence is required.
PD-5 Refer any and all questions regarding these conditions to the Crime Prevention and
Plans Officer, (951)506-6793.
PUBLIC WORKS DEPARTMENT
PW-1 A WQMP is not required, but the impound area must implement measures to prevent
leaks from impounded vehicles and prevent polluted storm water from exiting the site.
. 0 � �UNTY OF RIVERSIDE • HE�. 'H SERVICES AGENCY 0
DEPA�TNIEI�T O� E1�1VI�ONI�EI�TAI. I�EA�.T'H
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City of Temecula , ,� m _
Planning Department �'' i{� �.._ t:'
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c/o Eric Jones � � �i f ��'°------= `�' _ _ � i � , �
PO BOX 9033 � �f
Temecula, CA 92589-9033 �'����! �`��'�` � �; �, � �� ' ;
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4 November 2010 7 �����`°'°`-°�--�_-.�� �
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RE: PA10-0320 ,�"'�
The Department of Environmental Health (DEH) has received and reviewed the PA10-
0320 for the Minor Conditional Use Permit (MCUP) to allow an existing automobile
impound yard.
Project proponent proposes no external changes to the building or the site plan as
proposed for this review. Steve's Towing automobile impound yard will be located at
, 42620 Rio Nedo (APN 909-290-027) and will have outdoor storage of vehicles. The
� MCUP is filed under the applicant: Steve's Towing.
The DEH has reviewed the MCUP and has no objections. Sanitary sewer and potable
water are available in this area. The sewer purveyor (Rancho California Water Districtl
RCWD) will be required to condition the applicant's impound yard for a sand, grease, �
and solvents grease interceptor. Frequent pumping may be required.
An interceptor designed to the standards of the purveyor will be required at the time of
City of Temecula's approval issuance for this proposed project.
This proposed project is NOT within a one-mile radius of an identified public well.
This proposed project IS within a one-mile radius of an identified hazardous waste site
(Rancho California Water District, 28061 Diaz Road, Temecula, Ca 92590 and Plant
- Equipment, Inc., 28075 Diaz Road; Temecula, CA 92590). Please contact the DEH -
Hazazdous Materials of�'ice in Hemet for conditions of approval at 951.766.6524 or
Corona 951.273.9164
If your have any questions, please do not hesitate to call me at 951.955.8980. _ _.
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Sin ,� _
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egor Dellenbach, REHS
_ EHS101004 _
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Local Enforcement Agency • P.O: Box 1280; Riverside, CA 92502=1280 •(909) 955-8982 • FAX (909) 781-9653 • 4080 temon Street, 9th Floor, Riverside, CA 92501
Land Use and Water.Engineering • P.O. Box 1206, Riverside, CA 92502-1206 •(909) 955-8980 • FAX (909) 955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501..
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- Notice of Public Hearing
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A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING DIRECTOR to consider the matter described below:
Case No: PA10-0320
Applicant: Kassen Klien on behalf of Steve's Towing
Proposal: A Minor Conditional Use Permit to allow an existing towirig facility located at 42620
Rio Nedo to have outdoor storage of vehicles. No external changes to the building
or the site plan are proposed.
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 15301, Class 1, Existing Facilities)
Case Planner: Eric Jones, (951) 506-5115
Place of Hearing: City of Temecula, Main Conference Room
Date of Hearing: December 16, 2010
Time of Hearing: 1:30 p.m.
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PA10-0320
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Any person may submit written comments to the Planning Director before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for
judicial review of a decision of the Planning Director shall be filed within the 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 Director,
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.
The proposed project application may be viewed at the City of Temecula Planning Department, 43200
Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project
may be addressed to the case planner at (951) 506-5115.