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TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
NOVEMBER 6, 2013 — 6:00 PM
Next in Order:
Resolution: 13-42
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Guerriero
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
PRESENTATIONS/PROCLAMATIONS
1 Business Spotlight Recognition Presentation, Cassidian, Christine Damko
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action..
CONSENT CALENDAR
2 Minutes
1
RECOMMENDATION:
2.1 Approve the Action Minutes of October 16, 2013
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning 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, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 Long Range Planning Project No. LR13-0007, Municipal Code Amendments to portions
of Title 6, Title 16, and Titlel7 and to make other minor clarifications and typographical
corrections to the Development Code, Dale West
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13-
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 PORTIONS OF TITLE 6, TITLE 8, TITLE 16,
AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE
DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING,
ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS,
REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF
TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL
DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE
REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO-4,
BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT
WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND
SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND
TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE"
4 Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless
Brewing to operate a beer manufacturing facility within two suites, totaling 2,528 square
feet, including 495 square feet of the suites to be utilized for retail sales and a tasting
area, located at 42030 Avenida Alvarado, Suites E and F, Kenny Taylor
RECOMMENDATION:
2
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0203, A
MINOR CONDITIONAL USE PERMIT FOR RELENTLESS BREWING TO
OPERATE A BEER MANUFACTURING FACILITY WITHIN A 495 SQUARE
FOOT RETAIL SALES AND TASTING AREA LOCATED AT 42030 AVENIDA
ALVARADO, SUITE E AND F (APN 909-252-002).
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSION SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, November 20, 2013, 6:00 PM City
Council Chambers, 41000 Main Street, Temecula, California.
NOTICE TO THE PUBLIC
The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic
Center(41000 Main Street,Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda
packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the
respective meeting.
Supplemental material received after the posting of the Agenda
Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the
agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula,
8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website—www.cityoftemecula.orq—and will be
available for public viewing at the respective meeting.
If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula
Civic Center,(951)694-6400.
3
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ITEJ1 1
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CITY OF TEMECULA
COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Planning Commission
FROM: Patrick Richardson, Director of Community Development
DATE: November 6, 2013
SUBJECT: Business Recognition Program — Cassidian Communications
PREPARED BY: Christine Damko, Economic Development Analyst
BACKGROUND: Cassidian Communications, an EADS North America company, is
proud to call Temecula, California, home. Founded here in 1968 as Plant Equipment, Inc., they
are still going strong over four decades later as North America's leading provider of mission-
critical communications technologies. In fact, their solutions, which are found in 22 of the 30
most populous U.S. cities and over 850 federal installations, receive 60% of all 911 calls in the
U.S. and serve over 200 million Americans daily.
Cassidian Communications' impressive portfolio, including 911 call taking systems, emergency
notification solutions and services, and P25 land mobile radio networks, and LTE, is developed
and maintained by almost 500 employees at their headquarters, located on Rio Nedo, as well as
within their Gatineau (Canada), Franklin (TN) and Richardson (TX) offices. Cassidian
Communications' tagline is "CRITICAL MATTERSTM what is critical to you, matters to us."
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ITEM 2
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ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
OCTOBER 16, 2013 — 6:00 PM
Next in Order:
Resolution: 13-40
PRELUDE MUSIC: Earlene Bundy
CALL TO ORDER:
Flag Salute: Commissioner Carey
Roll Call: Carey, Guerriero, Harter, Kight, and Telesio
ABSENT: GUERRIERO, KIGHT
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Action Minutes of October 2, 2013 APPROVED 3-0-2-0; MOTION
BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY;
VOTE REFLECTED APPROVAL; GUERRIERO, KIGHT ABSENT
2 Director's Hearing Summary Report
RECOMMENDATION:
2.1 Receive and File RECEIVE AND FILE
PUBLIC HEARING ITEMS
Any person may submit written comments to the Planning Commission before a public
hearing or may appear and be heard in support of or in opposition to the approval of the
project(s) at the time of hearing. If you challenge any of the projects in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or in
written correspondences delivered to the Commission Secretary at, or prior to, the public
hearing.
Any person dissatisfied with any decision of the Planning 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, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
1
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ITEM 3
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STAFF REPORT— PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
TO: Planning Commission
FROM: Dale West, Associate Planner
Victoria Hernandez, Planning Intern
DATE: November 6, 2013
SUBJECT: Municipal Code Amendment (Long Range Planning Project No. LR-13-0007)
BACKGROUND
The City of Temecula City Council first adopted the Municipal Code in January 1990. Since its
adoption, the City Council has added new chapters, and has periodically made amendments to
various sections of the Code to improve its clarity and to make necessary corrections. This
amendment proposes to clarify a number of provisions within the Code which includes:
• Definition of "Cattery" (Section 6.02.010) - Amends the definition of a "cattery" to limit the
number of cats to five or more cats.
• Definition of "Smoking" (8.36.020) - Amends the definition of "smoking" to include e-
cigarettes.
• Extension of Time for Tentative Maps (16.09.200) - Clarifies that if no changes are being
requested by the subdivider, the Director of Planning may approve the request for an
extension of time; however, if changes to the map are proposed, then the original approval
authority shall review the request.
• Formula for Dedication of Park Land (16.33.120) - Corrects the single-family dwelling unit
calculation for the dedication of park land.
• Procedures for Zoning Appeals (17.03.090)—Clarifies that the City Manager or member of
the City Council may file an appeal of a planning decision, when the action is of sufficient
importance to the City, and should be reviewed by the entire City Council.
• Findings for a Conditional Use Permit(17.04.010.E.1.e)-Clarifies that the Planning Director
is an approval authority for certain Conditional Use Permits.
• Density Range for Residential Zoning Districts (17.06) - Establishes consistency between
the City's General Plan and the Municipal Code for the dwelling unit per acre ranges for
residential land uses.
• Animals in Low Medium Density Residential (17.06.030) - Establishes that the keeping of
large and small live-stock animals is not allowed, and limits the keeping of chickens to two
within the Low Medium Residential Zoning District.
1
• Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) - Clarifies that
the setback applies to the water's edge, water slides, or rock features of the swimming pool
or spa and that a Minor Exception will not be granted for these setbacks.
• Use Regulations for Commercial/Office/Industrial Districts (17.08.030) - Clarifies that a
Conditional Use Permit (CUP) is required for kennels within the Business Park and Light
Industrial Zoning District.
• Delicatessen Use in Neighborhood Commercial (Section 17.08.030) - Clarifies that
delicatessen is a permitted use in the Neighborhood Commercial Zoning District.
• Permitted Office Uses in Commercial/Office/Industrial Districts (17.08.030) - Clarifies that
financial office uses are a permitted use in all commercial zoning districts.
• Affordable Housing (17.08.030 and 17.10.020.M.3.b) - Clarifies that a Conditional Use
Permit is not allowed for affordable housing projects, pursuant to California Government
Code Section 65589.4 and California Government Code Section 65589.5(d).
• Use Regulations for Temecula Creek Village PDO-4 (17.22.136B) -Allows for restaurants
and other eating establishments (with the sale of beer, wine and distilled spirits) and
restaurants with live entertainment to be conditionally permitted in the Temecula Creek
Village Planned Development Overlay.
• Bicycle Parking Requirements (17.24.040)- Establishes consistency between the Municipal
Code and the CAL Green Building Code for bicycle parking requirements.
• Compact Car Parking (17.24.040.E) - Clarifies that compact car parking spaces are not
allowed unless previously approved by permit.
• Requirements for Permanent Signs (17.28)- Clarifies the maximum square footage of sign
area for commercial uses is based on the linear footage of business frontage.
ANALYSIS
Definition of"Cattery" (6.02.010)
Section 6.02.010 defines a "cattery" to contain ten or more adult cats. However, Section
17.06.050.D.8 does not allow more than four adult cats as an accessory to a residential use. Staff
proposes to amend Section 6.02.010 to be consistent with Section 17.06.050.D.8 by defining a
"cattery" as having five or more cats.
Definition of"Smoking" (8.36.020)
There has been an increase of sales and use of "e-cigarettes" which contain nicotine and when
used, emit a liquid vapor containing nicotine instead of emitting smoke containing nicotine as does a
typical cigarette. However, the definition of"smoking" is defined in the Municipal Code to include a
cigarette or similar type of device containing tobacco or tobacco product; it does not include other
devices or products that contain nicotine substances. The proposed amendment will add to the
definition of"smoking" to include other devices that contain nicotine substances.
2
Extension of Time for Tentative Maps (16.09.200)
The proposed amendment establishes consistency between Sections 16.09.200 and 17.05.020 and
streamlines the process for approving an extension of time by allowing an applicant to submit a
request for a time extension prior to the expiration of a tentative map. The proposed amendment
also clarifies that if no changes are being requested by the subdivider,the Director of Planning may
approve the request for an extension of time; however, if changes to the map are proposed by the
subdivider, then the original approving body shall review the request for time extension.
Formula for Dedication of Land (16.33.120)
The proposed amendment is a typographical correction to the single family dwelling unit calculation
for the dedication of land for subdivisions. The proposed amendment does not change the formula
or calculation.
Procedures for Zoning Appeals (17.03.090)
The proposed amendment clarifies that the City Manager or member of the City Council may file an
appeal of a planning decision made by the Planning Commission,when the decision of the Planning
Commission is considered to be of sufficient importance to the City, and should be reviewed by the
entire City Council.
Findings for a Conditional Use Permit (17.04.010.E.1.e)
The proposed amendment clarifies within the findings that the Planning Director has approval
authority for certain Conditional Use Permits.
Density Range for Residential Zoning Districts (17.06.020 and Table 17.06.040)
Section 17.06.020 of the Municipal Code provides density ranges for residential zoning districts
within the City. Table LU-1 of the Temecula General Plan also provides density ranges for
residential land uses within the City; however, the two are not consistent with one another. Staff
proposes to amend Section 17.06.020 and Table 17.06.040 of the Municipal Code to maintain
consistency between the City's General Plan and the City's Municipal Code.
Large and Small Animals in Low Medium Density Residential (Table 17.06.050 and Section
17.10.020)
Table 17.06.050 of the Municipal Code permits agricultural uses within all residential zoning districts,
and conditionally permits them within the Hillside Residential — Santa Margarita Zone. Section
17.10.020.A.1 of the Municipal Code allows for various agricultural uses, including the keeping of
large animals (such as horses and cattle) and small animals (such as sheep and pigs) within all
residential zoning districts, as long as they are on lots greater than one-half acre, and except within
the Hillside Residential and Open Space/Conservation zones. However, there are half-acre and
larger lots within the Low Medium Density Residential zoning district, which would meet minimum
requirements for permitting large and/or small animal agricultural uses. Staff proposes to amend
Section 17.10.020.A., to specify that large and small animals are excluded from the Low Medium
Density Residential zoning district, and to provide consistency with Section 17.06.050.D.8 by
clarifying that the number of chickens allowed within the Low Medium Density Residential zoning
district is limited to two.
3
Setbacks and Minor Exceptions for Swimming Pools and Spas (Table 17.06.050A and Section
17.06.050.E)
Section 17.06.050 of the Municipal Code establishes the rear yard and interior side yard setbacks
for a swimming pool or a spa in all residential zoning districts; however, it does not clarify whether
the setback applies to the water line or the exterior edge of the swimming pool or spa structure.
Staff proposes to amend Table 17.06.050A and Section 17.06.050.E to clarify that the setback
applies to the water line of the swimming pool or spa, and to any water slide, rock feature, or
structures associated with a pool or spa, and that a minor exception will not be granted for these
setbacks if the if the swimming pool or spa is adjacent to a another residential property.
Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030)
Table 17.08.030 of the Municipal Code establishes that delicatessens require a Conditional Use
Permit in the Neighborhood Commercial Zone but are permitted in all other zones of the
Commercial/Office/Industrial Districts. Since retail and restaurant uses are already allowed in the
Neighborhood Commercial Zone, staff proposes to amend Table 17.08.030 to allow delicatessens
to be a permitted use in the Neighborhood Commercial Zone.
Table 17.08.030 of the Municipal Code indicates that kennels are a permitted use in the Business
Park District and Light Industrial District; however, Section 17.10.020.A.2.(b)-(c) of the Code
indicates that kennels require a Conditional Use Permit,except within the Open Space/Conservation
Zone. In order to maintain consistency within the Development Code, staff proposes to amend the
Use Matrix in Section 17.08.030 to require Conditional Use Permits for kennels within the Business
Park and Light Industrial Zoning Districts.
Table 17.08.030 of the Municipal Code establishes that"Financial, insurance, real estate offices"are
a permitted use in all zones except for the Light Industrial Zone; however, the Light Industrial Zone
permits other offices uses, including real estate and insurance uses. Since other office uses are
permitted within the Light Industrial Zone, to permit financial uses within the Light Industrial Zone,
staff proposes to add "financial" uses to the "office" category of Table 17.08.030.
Use Regulations for Temecula Creek Village PDO-4 (Section 17.22.136B)
The Temecula Creek Village Planned Development Overlay(PDO)-4 has two commercial planning
areas: Village Commercial Area (PDO-4V) and Retail/Support Commercial Area (PDO-4R).
Currently, restaurants and other eating establishments (with the sale of beer, wine and distilled
spirits)and restaurants with live entertainment are conditionally permitted in the village commercial
area (PDO-4V); however, they are not permitted in the retail/support commercial area(PDO-4R), but
both commercial areas are adjacent to multi-family residential areas. Staff proposes to amend the
Table 17.22.136B to allow restaurants and other eating establishments (with the sale of beer, wine
and distilled spirits)and restaurants with live entertainment to be conditionally permitted in the PDO-
4R Zone.
Affordable Housing Consistency with the California Government Code(Table 17.08.030 and Section
17.10.020)
The California Government Code Sections 65589.4 and 65589.5(d) do not allow jurisdictions to
require a conditional use permit for affordable housing projects. Staff proposes to amend Table
17.08.030 and Section 17.10.020.M.b.vii of the Municipal Code by removing the requirement for a
CUP for affordable housing projects.
4
Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section 17.24.040)
The CALGreen Building Code Section 5.106.4 requires that bicycle parking be provided at a ratio of
five percent of the motorized vehicle parking capacity. In order to be consistent with CALGreen
Building Code, staff proposes to amend Section 17.24.040.F.2 and 17.24.040.F.4 of the Temecula
Municipal Code to require bicycle parking at a ratio of five percent of the motorized vehicle parking
capacity for commercial, industrial, retail, restaurant and service uses.
Compact Car Parking (Section 17.24.040.E)
Section 17.24.040.E of the Municipal Code states that compact car parking spaces shall not be
allowed. Section 17.24.050.A of the Code establishes the minimum size for compact parking spaces
that were previously approved by permit; however, it doesn't specifically state this. To avoid
confusion between the two sections of the Code, staff proposes to amend Section 17.24.040.E to
clarify that compact car parking spaces are not allowed unless previously approved by permit.
Requirements for Permanent Signs (17.28)
Section 17.28.070.B.3.b of the Municipal Code establishes general requirements for permanent wall
signs, including the maximum sign area. This section indicates the maximum sign area is calculated
at one square foot per linear foot of building façade, architectural façade and business frontage.
Additionally, Sections 17.28.240 for commercial uses, 17.28.350 for professional office uses, and
17.28.450 for industrial uses also establish the maximum sign area for wall mounted signs. Since
there are specific requirements for the maximum sign area for each of the commercial uses,
removing the general maximum sign area requirement would eliminate confusion and
misinterpretation of the Code. Staff proposes to amend Section 17.28.070.B.3.b. by removing the
general sign area requirement, but keep the specific sign area requirement in the latter sections of
the Code. Additionally, staff proposes to clarify that the maximum square foot of sign area is based
on the linear footage of the business frontage and not the architectural façade or building façade.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the San Diego Union Tribune on October 24, 2013
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California Environmental Quality Act(CEQA)
and has been determined the project 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
proposed amendments to Title 6,Title 8, Title 16, and Title 17 of the Temecula Municipal Code may
have a significant effect on the environment. The proposed Municipal Code amendments are minor
policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code.
The proposed amendments do not result in a significant increase in the intensity or density of any
land use above what is currently allowed in accordance with the Temecula Municipal Code. These
proposed amendments are minor clarifications of the Code or typographical corrections. As such,
there is no possibility that the proposed amendments will have a significant effect on the
environment
5
RECOMMENDATION
Staff recommends that the Planning Commission adopt a resolution recommending that the City
Council approve an Amendment to Title 6, Title 8, Title 16, and Title 17 of the Temecula
Development Code.
ATTACHMENTS
Resolution
Exhibit A— City Council Ordinance
Redline/Strikeout Changes to the Development Code
Notice of Public Hearing
6
PC RESOLUTION
PC RESOLUTION NO. 13-
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 PORTIONS OF TITLE 6, TITLE 8,
TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL
CODE AMENDING THE DEFINITION OF A CATTERY AND
THE DEFINITION OF SMOKING, ALLOWING CERTAIN
USES AMONG VARIOUS ZONING DISTRICTS, REVISING
PROCEDURES FOR ZONING APPEALS AND
EXTENSIONS OF TIME FOR TENTATIVE MAPS,
DESCRIPTIONS FOR RESIDENTIAL DISTRICTS,
AGRICULTURAL USES WITHIN RESIDENTIAL
DISTRICTS, USE REGULATIONS FOR PLANNED
DEVELOPMENT OVERLAY PD0-4, BICYCLE PARKING
REQUIREMENTS, STANDARDS FOR PERMANENT
WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING
POOLS AND SPAS, AND TO MAKE OTHER MINOR
CLARIFICATIONS AND TYPOGRAPHICAL CORREC-
TIONS TO THE TEMECULA MUNICIPAL CODE"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On January 17, 1990, the City Council of the City of Temecula adopted
the City's first Municipal Code.
B. Staff identified a need to amend portions of Title 6, Title 8, Title 16 and
Title 17 of the Temecula Municipal Code to revise the definition of a cattery and the
definition of smoking, allow certain uses among various zoning districts, revise
procedures for zoning appeals and extensions of time for tentative maps, revise
descriptions for residential districts, revise agricultural uses within residential districts,
revise use regulations for Planned Development Overlay PDO-4, revise bicycle parking
requirements, revise standards for permanent wall signs, clarify setbacks for swimming
pools and spas, and to make other minor clarifications and typographical corrections to
the Temecula Municipal Code.
C. The Planning Commission considered the proposed amendment on
November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time
the City staff and interested persons had an opportunity to, an did testify either in
support or opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended approval of Long Range Planning
Project No. LR13-0007 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Recommendation of Approval. The City of Temecula Planning
Commission hereby recommends the City Council adopt an ordinance entitled, "An
Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title
8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a
cattery and the definition of smoking, allowing certain uses among various zoning
districts, revising procedures for zoning appeals and extensions of time for tentative
maps, revising descriptions for residential districts, revising agricultural uses within
residential districts, revising use regulations for Planned Development Overlay PDO-4,
revising bicycle parking requirements, revising standards for permanent wall signs,
clarifying setbacks for swimming pools and spas, and to make other minor clarifications
and typographical corrections to the Temecula Municipal Code (Long Range Planning
Project NP. LR13-0007)"
Section 3. Environmental Compliance. 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
proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula
Municipal Code may have a significant effect on the environment. The proposed
Municipal Code amendments are minor policy changes, clarifications, and typographical
corrections to the City of Temecula Municipal Code. The proposed amendments do not
result in a significant increase in the intensity or density of any land use above what is
currently allowed in accordance with the Temecula Municipal Code. These proposed
amendments are minor clarifications of the Code or typographical corrections. As such,
there is no possibility that the proposed amendments will have a significant effect on the
environment.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of November, 2013.
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 6th day of November 2013, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT A
CC ORDINANCE
ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 6,
TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA
MUNICIPAL CODE AMENDING THE DEFINITION OF A
CATTERY AND THE DEFINITION OF SMOKING,
ALLOWING CERTAIN USES AMONG VARIOUS ZONING
DISTRICTS, REVISING PROCEDURES FOR ZONING
APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE
MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS,
AGRICULTURAL USES WITHIN RESIDENTIAL
DISTRICTS, USE REGULATIONS FOR PLANNED
DEVELOPMENT OVERLAY PDO-4, BICYCLE PARKING
REQUIREMENTS, STANDARDS FOR PERMANENT
WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING
POOLS AND SPAS, AND TO MAKE OTHER MINOR
CLARIFICATIONS AND TYPOGRAPHICAL
CORRECTIONS TO THE TEMECULA MUNICIPAL CODE
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 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code.
B. The Planning Commission considered the proposed amendments to Title
6, Title 8, Title, 16 and Title 17 of the Temecula Municipal Code ("Ordinance") on
November 6, 2013, 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 Resolution No. 13-
, recommending approval of the Ordinance by the City Council.
D. The City Council, at a regular meeting, considered the Ordinance and on
, 2013, 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.
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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:
A. The proposed amendments to Title 17 of the Temecula Municipal Code
are allowed in the land use designations in which the uses are located, as shown on the
land use map, or are described in the text of the General Plan.
B. The proposed amendments to Title 17 of the Temecula Municipal Code
are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan.
C. The proposed amendments to Title 17 of the Temecula Municipal Code
are consistent with the general plan and all applicable provisions contained therein.
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
proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula
Municipal Code may have a significant effect on the environment. The proposed
Municipal Code amendments are minor policy changes, clarifications, and typographical
corrections to the City of Temecula Municipal Code. The proposed amendments do not
result in a significant increase in the intensity or density of any land use above what is
currently allowed in accordance with the Temecula Municipal Code. These proposed
amendments are minor clarifications of the Code or typographical corrections. As such,
there is no possibility that the proposed amendments will have a significant effect on the
environment.
Section 4. Section 6.02.010 of Chapter 6.02 of Title 6 of the Temecula
Municipal Code is hereby amended by revising the definition of "cattery" to read as
follows:
-Cattery' means any building, structure, enclosure or premises whereupon, or
within which, five or more cats, four months of age or older, are kept or maintained."
Section 5. Section 8.36.020 of Chapter 8.36 of Title 8 of the Temecula
Municipal Code is hereby amended by revising the definition of "smoking" to read as
follows:
"`Smoking' or to `Smoke' means holding or possessing a lighted pipe, a lighted
hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating
2
electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah,
cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine,
spices, or any other plant or herbal material."
Section 6. Section 16.09.200 of Chapter 16.09 of Title 16 of the Temecula
Municipal Code is hereby amended to read as follows:
"16.09.200 Extensions of time for tentative maps.
Notwithstanding Section 16.09.180, the initial three-year term of tentative maps
may be extended as follows:
A. Request by the Subdivider. Prior to the expiration of the tentative map,
the subdivider may apply for an extension of time not to exceed twelve months. The
subdivider shall file with the director a completed application form, pay all applicable
fees, and submit the required number of copies of the tentative map and all supporting
materials and documents required on the City's official application form, including but
not limited to, environmental analysis pursuant to CEQA.
B. Provided no changes are being requested by the subdivider, the Director
of Planning may additionally approve a maximum of five one-year time extensions, each
extension not to exceed twelve months, and may impose additional conditions of
approval to maintain the public health safety and welfare and/or to comply with current
City standards and ordinances, state or federal requirements to the extent allowed by
law.
C. If, as part of the request for extension of the term of a tentative map, the
subdivider requests changes or amendments to the tentative map or the conditions of
approval for that map, the project shall be reviewed by the original approving authority
and the City may impose other conditions or amendments to the tentative map or the
conditions of approval including the then-current standards and requirements for
approval of tentative maps.
D. If a subdivider is required to expend the amount specified in Section
66452.6 of the Government Code to construct, improve, or finance the construction or
improvement of public improvements outside the property boundaries of the tentative
map, excluding improvements of public rights-of-way which abut the boundary of the
property to be subdivided and which are reasonable related to the development of that
property, each filing of a final tract map authorized by Section 66456.1 of the
Government Code shall extend the expiration of the approved or conditionally tentative
map by thirty-six months from the date of its expiration or the date of a previously-filed
final tract map, whichever is later. The extensions shall not extend the term of the
tentative map more than ten years from its date of original approval."
Section 7. Section 16.33.120 of Chapter 16.33 of Title 16 of the Temecula
Municipal Code is hereby amended to amend the example for a single family dwelling
unit's calculation for dedication of land as follows:
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"Example for a single family dwelling unit (DU): 3.12 x .005 = .0156 acres/DU"
Section 8. Section 17.03.090 of Chapter 17.03 of Title 17 of the Temecula
Municipal Code is hereby amended in its entirety to read as follows:
"17.03.090 Appeals.
A. Purpose of Appeals. The purpose of the appeal procedure is to provide a
general method of recourse for persons aggrieved by or dissatisfied with any action by
an administrative agency of the city in the administration or enforcement of any
provision of this development code or to enable a member of the city council to bring the
action before the city council for decision.
B. Decisions Which May Be Appealed to Planning Commission. The
following actions may be appealed to the planning commission:
1. Actions by the director of planning on approval of development
permits, conditional use permits and extensions of time
2. Actions by the director of planning on the approval of sign permits;
3. Any other action by the director of planning for which an appeal is
authorized by the code.
C. Decisions Which May Be Appealed to the City Council. The following
actions may be appealed to the city council: All decisions of the planning commission.
D. Filing Procedure. Any person aggrieved by or dissatisfied with, or
excepting to any administrative decision, which an appeal to the planning commission is
authorized, may appeal from such action by filing a written notice of appeal with the city
clerk within the time required by this section. The city manager or a member of the city
council may file a written notice of appeal of a planning decision on the basis that such
action is of sufficient importance to the city that it should be reviewed by the entire city
council. In making such an appeal, a member of the city council is not taking a position
in favor of or against the action or any portion of it and is not deciding or committing to a
vote in favor of or against the action or any portion thereof.
E. Notice of Appeal — Time Limit. A notice of an appeal by any individual,
who is aggrieved by or dissatisfied with a decision on an application made by him or her
or in his or her behalf, or with any action, order, requirement, decision or determination,
or a notice of appeal of an action of the planning commission from the city manager or a
member of the city council, shall not be acted upon unless filed within fifteen days
following the date of action taken by the approving body.
F. Notice of Appeal — Contents.
1. The notice of appeal shall set forth:
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a. The specific decision appealed from;
b. Except for the city manager or members of the city council,
the grounds for the appeal; and
c. Except for the city manager or members of the city council,
the relief or action sought from the planning commission or city council.
2. In the event any notice of appeal fails to set forth any information
set forth by this section, the city clerk may, but is not required to, return the same
to the appellant with a statement of the respects in which it is deficient, and the
appellant shall thereafter be allowed five days in which to refile the notice of
appeal.
G. Fee for Appeals.
1. Except where an appeal is filed by the city manager or any member
of the city council, the written notice of appeal shall be accompanied by a fee,
established by resolution of the city council.
2. If the notice of appeal is not accompanied by a fee, or if the amount
paid is insufficient to constitute the appropriate fee, the city clerk shall promptly
notify the appellant of the deficiency, and shall advise that the appeal shall not be
considered unless and until the appropriate fee has been paid within the time
otherwise required for the filing of an appeal.
H. Hearing — Presentation of Evidence. The hearing on appeal shall be a de
novo hearing at which all aspects of the application shall be considered in accordance
with the requirements of law. The hearing shall be noticed and conducted in the
manner required by this code for consideration of the permit or other discretionary
approval applied for by the applicant. The applicant shall have the burden of proof in
making the findings required by this code for granting the requested permit or other
discretionary approval.
I. Hearing — Determination. The planning commission or city council may
continue the matter from time to time and, at the conclusion of its consideration, may
affirm, reverse or modify the action which was taken. The planning commission or city
council may take any action which might have been taken in the first instance by the
administrative agency from whose action the appeal has been taken."
Section 9. Section 17.04.010.E.1.e of Chapter 17.04 of Title 17 of the
Temecula Municipal Code is hereby amended as follows:
"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 Director, Planning Commission, or City Council
on appeal."
5
Section 10. Section 17.06.020 of Chapter 17.06 of Title 17 of the Temecula
Municipal Code is hereby amended in its entirety to read as follows:
"A. Hillside Residential District (HR). The Hillside Residential Zoning District is
intended to provide for the development of very low density residential uses. These
areas include properties that have severe constraints for development, such as hillside
areas with slopes over twenty-five percent. The minimum lot size in the HR district is 10
net acres.
B. Rural Residential (RR). The Rural Residential Zoning District is intended
to provide for the development of single-family detached home on large lots with a
distinct rural character. Some of these areas may include severe constraints for
development, such as hillside areas with slopes over twenty-five percent. The minimum
lot size in the RR district is 5 net acres.
C. Very Low Density Residential (VL). The Very Low Density Residential
Zoning District is intended to provide for the development of single-family detached
homes on large lots with a rural ranchette character of development. The minimum lot
size in the VL Zoning District is 2.5 net acres.
D. Low Density Residential (L-1 and L-2). The Low Density Residential
Zoning District is intended to provide for the development of single-family detached
homes on larger lots with a custom character of development. In order to provide for
compatibility with existing and future areas, the Low Density Residential Zoning District
is further divided into the L-1 Zoning District and the L-2 Zoning District. The minimum
lot size in the L-1 Zoning District is 1 net acre. The minimum lot size in the L-2 Zoning
District is 0.5 net acres.
E. Low Medium Density Residential (LM). The Low Medium Density
Residential Zoning District is intended to provide for the development of single-family
homes. The minimum lot size in the LM Zoning District is 7,200 square feet, with a
density range of 3 - 6.9 dwelling units per net acre, and a target density 4.5 dwelling
units per net acre.
F. Medium Density Residential (M). The Medium Density Residential Zoning
District is intended to provide for the development of attached and detached residential
development. Typical housing types may include single-family, duplexes, triplexes,
townhouses and patio homes. The minimum lot size in the M Zoning District is 7,200
square feet, with a density range of 7 — 12.9 dwelling units per net acre, and a target
density of 10 dwelling units per net acre.
G. High Density Residential (H). The High Density Residential Zoning District
is intended to provide for the development of attached residential developments. Typical
housing types may include townhouses, stacked dwellings and apartments. The
density range is 13 — 20 dwelling units per net acre, with a target density of 16.5
dwelling units per net acre. There is no minimum lot size in the H Zoning District.
6
H. Hillside Residential-Santa Margarita (HR-SM). The Hillside Residential-
Santa Margarita Zoning District is intended to provide for development of very low
density residential uses. This includes properties that have severe development
constraints such as areas with slopes over twenty-five percent, biological resources and
limited emergency access. The minimum lot size in the HR –SM Zoning District is 10
net acres."
Section 11. Table 17.06.040 of Chapter 17.06 of Title 17 of the Temecula
Municipal Code is hereby amended by replacing the row for "Dwelling units per net
acre'" to read as follows:
Table 17.06.040
Development Standards—Residential Districts
Residential HR RR VL L-1 L-2 LM M H HR-SM
Development
Standards
Lot Area
Density range (dwelling < 0.1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- < 0.1
units per net acre) 0.2 0.4 2.9 2.9 6.9 12.9 20.0
Section 12. Table 17.06.050A of Chapter 17.06 of Title 17 of the Temecula
Municipal Code is hereby amended by replacing the rows for "Swimming pool" and
"Spa" to read as follows:
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning
Districts
Accessory
Structure Front Yard Rear Yard Interior Side Yard.'
Swimming pool Not permitted3 5 ft. to water's edge 5 ft. to water's edge
Spa Not permitted3 3 ft. to water's edge 3 ft. to water's edge
Section 13. Section 17.06.050.E of Chapter 17.06 of Title 17 of the Temecula
Municipal Code is hereby amended to read as follows:
"E. Swimming Pools. Swimming pools and spas, which are capable of holding
water to a depth of eighteen inches or deeper, shall be located as follows:
1. For the H, M, LM, L-2, and L-1 Zoning Districts swimming pools and spas
shall be located only within the side or rear yards. The water's edge of a
swimming pool and any associated water slide, rock feature, or other structure
shall have a minimum setback of five feet from a property line or building. The
water's edge of a spa and any spa feature or structure shall have a minimum
setback of three feet from a property line or building. In no event shall a minor
7
exception be granted for the five foot setback for swimming pools or the three
foot setback for spas that are adjacent to residential properties. Pools and spas
shall be enclosed by walls or fences no less than five feet in height. Pool and
spa equipment may be located within the side or rear yards with a minimum
setback of at least three feet from any property line and shall be screened from
view from the front yard areas.
2. For the VL, RR and HR Zoning Districts swimming pools and spas may be
located within the front, side or rear yards. The water's edge of a swimming pool
and any associated water slide, rock feature, or other structure shall have a
minimum setback of five feet from a property line or building. The water's edge
of a spa and any spa feature or structure shall have a minimum setback of three
feet from a property line or building. In no event shall a minor exception be
granted for the five foot setback for swimming pools or the three foot setback for
spas that are adjacent to residential properties. Pool and spa equipment located
within the front, side or rear yards shall have a minimum setback of three feet
from any property line and shall be screened from view from the front yard. Pool
and spa equipment located in the buildable area of the front yard shall be
screened from public view and from ground view from adjacent dwelling units.
Pools and spas shall be enclosed by walls or fences no less than five feet in
height. "
Section 14. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula
Municipal Code is hereby amended as follows:
A. Amend the row titled "Delicatessen" in Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
D
Delicatessen P P P P P P P
B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
K
Kennels1 - C - C
C. Amend the row titled "Offices, administrative, corporate headquarters and
professional services including, but not limited to, business, law, medical, dental,
8
veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table
17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
0
Offices, administrative, corporate
headquarters and professional services
including, but not limited to, business, law, P P P P P P5,6 p5,6
medical, dental, veterinarian, chiropractic,
architectural, engineering, real estate,
finance and insurance
D. Remove the row titled "Financial, insurance, real estate offices" in Table
17.08.030 in its entirety.
E. Amend the row titled "Affordable housings" in Table 17.08.030 to read as
follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
A
Affordable Housing s - - - - P - -
Section 15. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"b. Raising, grazing, breeding, boarding or training of large or small
animals, except concentrated lot feeding and commercial poultry and
rabbit raising enterprises, are allowed on properties one-half net acre or
larger in size. All animals shall be kept a minimum distance of seventy
feet from any adjacent residence, day care center or educational
institution, hospital or church that is located on an adjacent property.
These requirements apply to the location of corrals, fenced enclosures,
barns, stables or other enclosures, and are subject to the following
requirements:
Large animals (cattle, horses and mules). Two animals per
half-acre plus one additional animal for each additional half-acre of
lot area. Animals under the age of twelve months are not counted.
Large animals are not permitted in the LM Zoning District.
9
ii. Small animals (burros, goats, pigs, ponies, and sheep). Two
animals per half-acre plus three additional animals for each
additional half-acre of lot area. Animals under the age of six months
are not counted. Small animals are not permitted in the LM Zoning
District.
iii. Poultry. Limited to fifty poultry per acre. The minimum lot
size for keeping poultry is one-half acre. For lots smaller than one
acre, only twelve poultry are allowed. Poultry under the age of three
months are not counted. All poultry must be confined. The keeping
of roosters is prohibited. Only two poultry are allowed in the LM
Zoning District.
iv. Outdoor Aviary. For lots larger than one acre, limited to fifty
birds per acre. For lots smaller than one acre, limited to twenty-four
birds. Birds under the age of six months are not counted. All birds
must be confined."
Section 16. Section 17.10.020.M.3.b.vii of Chapter 17.10 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"vii. Approval of an affordable housing project in the professional
office zone."
Section 17. Table 17.22.136.B of Chapter 17.22 of Title 17 of the Temecula
Municipal Code for the rows titled "Restaurants and other eating establishments (with
the sale of beer, wine and distilled spirits)" and "Restaurants with live entertainment" are
hereby amended to read as follows:
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4
Description of Use PDO-4R PDO-4V6
R
Restaurants and other eating establishments C4 C4
(with the sale of beer, wine and distilled spirits)
Restaurants with lounge or live entertainment C4 C4
Section 18. Section 17.24.040.E of Chapter 17.24 of Title 17 of the Temecula
Municipal Code is hereby amended to read as follows:
"E. Compact Car Parking. Compact Car parking spaces shall not be allowed
unless previously approved by permit."
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Section 19. Section 17.24.040.F.2.a of Chapter 17.24 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"a. Bicycle parking facilities shall be provided as follows:
Bicycle Spaces Provided for Bicycle Parking Facilities Class.
Use Employees & Visitors Parking Facility Class
All commercial and 1 bicycle space for every 20 Class I lockers or Class II
service uses not vehicle spaces required racks
otherwise listed
Dinner restaurants, 1 bicycle space for every 20 Class I lockers or Class II
cocktail lounges vehicle spaces required racks
Industrial 1 bicycle space for every 20 Class I lockers or Class II
vehicle spaces required racks
Retail 1 bicycle space for every 20 Class I lockers or Class II
vehicle spaces required racks
Section 20. Section 17.24.040.F.2.b of Chapter 17.24 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"b. The minimum number of bicycle spaces to be provided shall be two
employee bicycle spaces and two patron or visitor spaces."
Section 21. Section 17.24.040.F.4 (entitled "Exemptions") of Chapter 17.24 of
Title 17 of the Temecula Municipal Code is hereby amended by deleting it in its entirety.
Section 22. Section 17.24.040.F.5 (entitled "Credit for Provisions of
Bicycle Parking Spaces") of Chapter 17.24 of Title 17 of the Temecula Municipal Code
is hereby renumbered as Section 17.24.040.F.4.
Section 23. Section 17.28.070.B.3 of Article I of Chapter 17.28 of Title 17 of the
Temecula Municipal Code is hereby amended as follows:
"3. Area.
a. For businesses with more than one permitted wall mounted
sign, the second sign shall not exceed eighty percent, third seventy
percent, and fourth sixty percent of the maximum allowable for the
corresponding frontages. This standard shall not apply to a
permitted wall mounted freeway oriented signs.
b. Wall signs shall not extend more than seventy-five percent of
the suite length for multi-tenant buildings or building frontage for
single tenant buildings."
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Section 24. Section 17.28.240.B of Article III of Chapter 17.28 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum area of sign shall also not exceed one square foot of sign area
per linear foot of business frontage."
Section 25. Section 17.28.350.B of Article IV of Chapter 17.28 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum area of signs shall not exceed one-half square feet per linear
foot of business frontage."
Section 26. Section 17.28.450.B of Article V of Chapter 17.28 of Title 17 of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum sign area for each sign shall not exceed one-half square feet
per lineal foot of business frontage."
Section 27. 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 28. 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 29. Effective Date. This Ordinance shall take effect thirty (30) days
after passage.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 20
, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. - was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
20 , and that thereafter, said Ordinance was duly adopted by the City Council of the
City of Temecula at a meeting thereof held on the day of , 20 , by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
13
REDLINE/STRIKEOUT CHANGES
PROPOSED MUNICIPAL CODE AMENDMENTS
Proposed changes are shown in bold underlined text and proposed deletions are shown as
strikethrough text.
Definition of"Cattery" (Section 6.02.010)
"Cattery" means any building, structure, enclosure or premises whereupon, or within which, tei
five or more cats, four months of age or older, are kept or maintained.
Definition of"smoking" (Section 8.36.020)
"Smoking" or to "smoke" means holding or possessing a lighted pipe, a lighted hookah pipe,
a lighted cigar, a lighted cigarette, a lighted hookah, and operating electronic cigarette,
or other similar typed of device, or the lighting of a pipe, hookah, cigar, cigarette or
similar type of device containing tobacco, tobacco product, nicotine, spices, or any other
plant or herbal material. __- _ _ __ - _ __ _ _ - •- - ._ _ c. _ •• _ c, -
lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other
inhaled.
Extension of Time for Tentative Maps (16.09.200)
A. Request by the Subdivider. Prior to _ - - • - --c- _- . _- _ - the
expiration of the tentative map, the subdivider may apply for an extension of time not to exceed
twelve months. The subdivider shall file with the director a completed application form, pay all
applicable fees, and submit the required number of copies of the tentative map and all
supporting materials and documents required on the city's official application form, including but
not limited to, environmental analysis pursuant to CEQA.
B. Provided no changes are being requested by the subdivider, the Director of
Planning may additionally approve a maximum of five one-year time
extensions, each extension not to exceed twelve months, and may impose additional conditions
of approval to maintain the public health safety and welfare and/or to comply with current city
standards and ordinances, state or federal requirements to the extent allowed by law.
C. If, as part of the request for extension of the term of a tentative map, the subdivider
requests changes or amendments to the tentative map the conditions of approval for that map,
the project shall be approved by the original approval authority and the city may impose
other conditions or amendments to the tentative map or the conditions of approval including the
then-current standards and requirements for approval of tentative maps.
Formula for Dedication of Land (16.33.120)
Example for a single family dwelling unit (DU): 3.12 x .005 = 5 .0156 acres/DU
Procedures for a Zoning Appeal (17.03.090)
"17.03.090 Appeals.
A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general
method of recourse for persons aggrieved by or dissatisfied with any action by an administrative
agency of the city in the administration or enforcement of any provision of this development
code or to enable a member of the city council to bring the action before the city council
for decision.
B. Decisions Which May Be maybe Appealed to Planning Commission. The following
actions may be appealed to the planning commission:
1. Actions by the director of planning on approval of development permits,
conditional use permits and extensions of time
2. Actions by the director of planning on the approval of sign permits;
3. Any other action by the director of planning for which an appeal is authorized by
the code.
C. Decisions Which May Be Appealed to the City Council. The following actions may be
appealed to the city council: All decisions of the planning commission.
D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any
administrative decision, which an appeal to the planning commission is authorized, may appeal
from such action by filing a written notice of appeal with the city clerk directed-to-the-planning
commission. Decisions that may be appealed to the City Council shall require written notice to
the City Clerk. within the time required by this section. The city manager or a member of
the city council may file a written notice of appeal of a planning decision on the basis
that such action is of sufficient importance to the city that it should be reviewed by the
entire city council. In making such an appeal, a member of the city council is not taking
a position in favor of or against the action or any portion of it and is not deciding or
committing to a vote in favor of or against the action or any portion thereof.
E. Notice of Appeal—Time Limit. A notice of an appeal by any individual, who is aggrieved
by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or
with any action, order, requirement, decision or determination, or a notice of appeal of an
action of the planning commission from the city manager or a member of the city
council, shall not be acted upon unless filed within fifteen days following the date of action
taken by the approving body.
F. Notice of Appeal—Contents.
1. The notice of appeal shall set forth:
a. The specific decision appealed from;
b. The Specific Except for the city manager or members of the city
council, the grounds of for the appeal; and
c. The Except for the city manager or members of the city council, the
relief or action sought from the planning commission or city council.
2. In the event any notice of appeal fails to set forth any information set forth by this
section, the city clerk shall may, but is not required to, return the same to the appellant
with a statement of the respects in which it is defi cient deficient, and the appellant shall
thereafter be allowed five days in which to refile the notice of appeal.
G. Fee for Appeals.
1. Except where an appeal is filed by the city manager or any member of the city
council, the written notice of appeal shall be accompanied by a fee, established by
resolution of the city council.
2. If the notice of appeal is not accompanied by a fee, or if the amount paid is
insufficient to constitute the appropriate fee, the city clerk shall promptly notify the
appellant of the deficiency, and shall advise that the appeal shall not be considered
unless and until the appropriate fee has been paid if the deficiency in payment of an
within the time otherwise required for the filing of an appeal.
H. Hearing—Presentation of Evidence. At thti The hearing on appeal shall be a de
novo hearing at which all aspects of the application shall be considered in accordance
with the requirements of law. The hearing shall be noticed and conducted in the manner
required by this code for consideration of the approval, the appellant shall be limited to a
presentation of permit or other discretionary approval applied for by the specific grounds of
__ _ , _ _ _ - - _ • -- _ - _ _ __ _ , --e applicant. The applicant shall have
the burden of establishing cause by proof in making the findings required by this code for
granting the action app aled from should be alter, reversed or modified requested permit or
other discretionary approval.,
Hearing—Determination. The planning commission or city council may continue the
matter from time to time and, at the conclusion of its consideration, may affirm, reverse or
modify the action which was taken. The planning commission or city council may take any
action which might have been taken in the first instance by the administrative agency from
whose action the appeal has been taken, provided however that the planning commission or city
council shall not approve a variance which was previously denied unless it has first made the
findings set forth in Section 17.04.040(F)..
Findings for a Conditional Use Permit (17.04.010.E.1.e)
E. Findings. In considering applications for conditional use permits, the hearing body, with
such conditions as are deemed reasonable in approving or conditionally approving the use,
shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a
menace to the public health, safety or general welfare.
1. To approve or conditionally approve a conditional use permit, the planning
commission or planning director (or planning commission and city council on appeal)
must make the following findings:
a. The proposed conditional use is consistent with the general plan and the
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.
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
council in order to integrate the use 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.
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
director, planning commission or city council on appeal.
Density Range for Residential Districts (17.06.020 and Table 17.06.040)
A. Hillside Residential District (HR). The hillside residential zoning district is intended to
provide for the development of very low density residential uses. These areas include properties
that have severe constraints for development, such as hillside areas with slopes over twenty-
five percent. The minimum Typical lot sizes in the HR district are in excess of 10 ten net acres.
B. Rural Residential (RR). The rural residential zoning district is intended to provide for the
development of single-family detached home on large lots with a distinct rural character. Some
of these areas may include severe constraints for development, such as hillside areas with
slopes over 25% twenty five percent. The minimum Typical lot sizes in the RR district are 5.0
five net acres. and larger.
C. Very Low Density Residential (VL). The very low density residential zoning district is
intended to provide for the development of single-family detached homes on large lots with a
rural ranchette character of development. The minimum Typical lot size in the VL zoning
district is 2.5 net acres. s are two and one half to five nct acres.
D. Low Density Residential (L-1 and L-2). The low density residential zoning district is
intended to provide for the development of single-family detached homes on larger lots with a
custom character of development. In order to provide for compatibility with existing and future
areas, the low density residential zoning district is further divided into the L-1 zoning district and
the L-2 zoning district. The minimum Typical lot sizes in the L-1 zoning district is 1 net acre.
arc onc to two and onc half nct acres. The minimum lot size in the L-2 zoning district is 0.5
net acres. typically has lot sizes from onc half to one net acres.
E. Low Medium Density Residential (LM). The low medium density residential zoning
district is intended to provide for the development of single-family homes. The minimum lot
size in the LM zoning district is 7,200 square feet, with a density range of 3-6.9 dwelling
units per net acre Typical density for the low medium density residential development is from
three to six dwelling units per net acre, with and a target density of 4.5 four and one half
dwelling units per acre.
F Medium Density Residential (M). The medium density residential zoning district is
intended to provide for the development of attached and detached residential development.
Typical housing types may include single-family, duplexes, triplexes, townhouses and patio
homes, The minimum lot size in the M zoning district us 7,200 square feet, with a density
range of seven to twelve 7.0 — 12.9 dwelling units per acre and a target density of 10 dwelling
units per acre.
G. High Density Residential (H). The high density residential zoning district is intended to
provide for the development of attached residential developments. Typical housing types may
include townhouses, stacked dwellings and apartments. The density range is 13-20 dwelling
units per net acre, with a target density of 16.5 dwelling units per net acre. There is no
minimum lot size in the H zoning district. with a density range of thirteen to twenty 13.0
20.0 dwelling units per acre.
H. Hillside Residential-Santa Margarita (HR-SM). The hillside residential-Santa Margarita
zoning district is intended to provide for development of very low density residential uses within
the Santa Margarita area annexation boundaries. This includes properties that have severe
development constraints such as areas with slopes over 25% twenty five percent, biological
resources and limited emergency access. The minimum Typical lot sizes in the HR-SM district
arc equal to or greater than ten 10 net acres.
Table 17.06.040
Development Standards—Residential Districts
Residential HR RR VL L-1 L-2 LM M H HR-SM
Development Standards
Lot Area
Minimum net lot area (sq. - 7,200 7,2002 - -
ft.)
Minimum net lot area 10 5 2.5 1 '/2 - - - 10
(acres)
Density range dwelling - - - - - 4 28
-
units per net acre1l < 0.1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- < 0.1
0.2 0.4 2.9 2.9 6.9 12.9 20.0
Notes:
1. Affordable housing, senior housing and congregate care facilities may exceed the stated
densities pursuant to the provisions of Section 17.10.020(M) of this title.
Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050)
Table 17.06.050A
Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts
Accessory Structure Front Yard Rear Yard Interior Side Yard'
Swimming pool Not permitted3 5 ft. to water line 5 ft. to water line
Spa Not permitted3 3 ft. to water line 3 ft. to water line
17.06.050 Special use standards and regulations.
E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a
depth of eighteen inches or deeper shall be located as follows:
1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be
located only within the side or rear yards and shall have a minimum setback of five feet
from any property line or building. The water's edge of the swimming pool and any
associated water slide, rock feature, or other structure shall have a minimum
setback of five feet from the property line or building. The water's edge of a spa
and any spa feature or structure shall have a minimum setback of three feet from
a property line or building. In no event shall a minor exception be granted for the
five foot setback for swimming pools or the three foot setback for spas that are
adjacent to residential properties. Pools and spas shall be enclosed by walls or
fences no less than five feet in height. Pool and spa equipment may be located within
the side or rear yards with a minimum setback of at least three feet from any property
line and shall be screened from the front yard areas.
2. For the VL, RR and HR zoning districts swimming pools and spas may be
located within the front, side or rear yards - _ _ - . - •- • - _ - __ _ .. - --
from any property line or building. The water's edge of a swimming pool and any
associated water slide, rock feature, or other structure shall have a minimum
setback of five feet from a property line or building. The water's edge of a spa and
any spa feature or structure shall have a minimum setback of three feet from a
property line or building. In no event shall a minor exception be granted for the
five foot setback for swimming pools or the three foot setback for spas that are
adjacent to residential properties. Pool and spa equipment located within the front,
side or rear yards shall have a minimum setback of three feet from any property line and
shall be screened from view from the front yard ar as. e •- , ' ' _ •_ — ' e•••_
Pools and spas shall be enclosed by a non climbable barrier per the Department of
e.- _ •. _- - -e-. -••-• . Pool and spa equipment located in the buildable area
of the front yard shall be screened from public view and from ground view from adjacent
dwelling units. Pools and spas shall be enclosed by walls or fences no less than
five feet in height.
Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030)
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
Delicatessen -S P PP P PP
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
K
Kennels] _ C - C - P P
C C
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this
code.
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
F
Financial, insurance, r e a l estate offices P P P P P P -
O
Offices, administrative, corporate headquarters and
professional services including, but not limited to, P5, P5,
business law, medical, dental, veterinarian, P P P P P 6 6
chiropractic, architectural, engineering, real estate,
finance and insurance
Notes:
5. New office buildings in the BP and LI zones are subject to performance standards
contained in Section 17.08.070(E).
6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may
be approved, conditionally approved, or denied by the city council.
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
A
-
Large Animals in Low Medium Density Residential (17.10.020)
17.10.020 Supplemental development standards.
A. Agricultural Uses.
1. Permitted Uses. The following agricultural uses are permitted by right in all
zones, except the hillside residential and open space/conservation.
a. Farms of orchards, trees, field crops, truck gardening, flowering
gardening, and other similar enterprises carried on in the general field of
agriculture.
b. Raising, grazing, breeding, boarding or training of large or small animals,
except concentrated lot feeding and commercial poultry and rabbit raising
enterprises, are allowed on properties one-half net acre or larger in size.
_ -- _ _ _ _ . -••-• : All animals shall be kept a
minimum distance of seventy feet from any adjacent residence, day
care center or educational institution, hospital or church that is
located on an adjacent property. This requirement applies to the
location of corrals, fenced enclosures, barns, stables or other
enclosures and are subject to the following requirements:
Large animals (cattle, horses and mules). Two animals per half-
acre plus one additional animal for each additional half-acre of lot
area. Animals under the age of twelve months are not counted.
Large animals are not permitted in the LM zoning district.
ii. Small animals (burros, goats, pigs, ponies, and sheep). Two
animals per half-acre plus three additional animals for each
additional half-acre of lot area. Animals under the age of six
months are not counted. Small animals are not permitted in the
LM zoning district.
iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for
keeping poultry is one-half acre. For lots smaller than one acre,
only twelve poultry are allowed. Poultry under the age of three
months are not counted. All poultry must be confined. The keeping
of roosters is prohibited. Only two poultry are allowed in the
LM zoning district.
iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds
per acre. For lots smaller than one acre, limited to twenty-four
birds. Birds under the age of six months are not counted. All birds
must be confined.
v. All animals shall be kept a minimum distance of seventy feet from
any adjacent residence, day care center or educational institution,
Use Regulations for Temecula Creek Village PDO-4 (17.22.136B)
Table 17.22.136B
Schedule of Permitted Uses
Temecula Creek Village Planned Development Overlay District-4
Description of Use PDO-4R PDO-4V6
R
Restaurants and other eating establishments C4 C4
(with the sale of beer, wine and distilled spirits) —
Restaurants with lounge or live entertainment C4 _ C4
Notes:
4. The size of the use or activity is limited to 5,000 square feet.
Affordable Housing Consistency with the California Government Code (Table 17.08.030 and
Section 17.10.020)
17.10.020 Supplemental development standards.
M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing,
congregate care facilities, and affordable housing projects are permitted in the zoning districts
identified below subject to the approval of a development plan. Affordable senior housing
projects shall comply with the affordable housing provisions contained in subsection (M)(3) of
this section.
3. Affordable housing and affordable senior housing projects are entitled to receive
various incentives provided the project meets the requirements of Section 65915 of the
California Government Code. Affordable housing projects are entitled to receive
qualifying density incentives from subsection (M)(3)(a) of this section and may also
receive qualifying concessions from subsection (M)(3)(b) of this section. The project
incentives and concessions are as follows:
b. Development Standard Concessions. The following number of
development standard concessions may be granted by the approval
authority for the project.
Percentage of Affordable Housing Number of Concessions
10 Percent lower income
5 Percent very low income 1
10 Percent moderate income
20 Percent lower income
10 Percent very low income 2
20 Percent moderate income
30 Percent lower income
15 Percent very low income 3
30 Percent moderate income
An applicant may select from the following concessions, unless a finding
is made that these concessions would result in specific adverse health or
safety impacts or the physical environment or real property listed on the
California Register of Historical Resources cannot be mitigated:
An increase in the amount of required lot coverage;
ii. A modification to the setback or required yard provisions;
iii. An increase in the maximum allowable building height;
iv. A reduction in the amount of required on-site parking;
v. A reduction in the amount of onsite landscaping, except that no
reduction in on-site recreational amenities may be approved
unless the affordable housing is close and easily accessible to a
public park with recreational amenities;
vi. A reduction in the minimum lot area; or
vii. Approval of an affordable housing project in the professional
office'e zone with the approval of a conditional use permit.
Compact Car Parking (17.24.040.E)
17.24.040 Parking requirements
E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless
previously approved by permit.
Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section
17.24.040)
17.24.040 Parking requirements.
F. Bicycle Parking Facilities.
1. Bicycle Parking Classifications. Bicycle parking facilities shall be classified as
follows:
a. Class I, an enclosed box with a locking door, typically called a bicycle
locker, where a single bicyclist has access to a bicycle storage
compartment.
b. Class II, a stationary bicycle rack designed to secure the frame and both
wheels of the bicycle, where the bicyclist supplies only a padlock.
c. Class Ill, a stationary bicycle rack, typically a cement slab or vertical
metal bar, where the bicyclist supplies a padlock and chain or cable to
secure the bicycle to the stationary object.
2 Minimum Bicycle Parking Requirements.
a. Bicycle parking facilities shall be provided as follows:
Bicycle Spaces Provided for Bicycle Parking Facilities Class.
Use Employees &Visitors Parking Facility Class
All commercial and service 1 bicycle space for every 20 Class I lockers or Class II
uses not otherwise listed vehicle spaces required racks
Dinner restaurants, cocktail 1 bicycle space for every-40 20 Class I lockers or Class II
lounges _vehicle spaces required racks
Industrial 1 bicycle space for every 20 Class I lockers or Class II
vehicle spaces required racks
Retail 1 bicycle space for every 20 Class I lockers or Class II
vehicle spaces required racks
b. Where bicycle parking is required, tThe minimum number of bicycle
spaces to be provided shall be two employee bicycle spaces and two
patron or visitor spaces.
c. Where the application of the above table results in the requirement for a
fraction of a bicycle parking space, the fraction shall be rounded to the
nearest whole number with .5 rounded up to the next whole number.
d. Where the application of the above table results in the requirement of
fewer than six employee spaces, Class II racks need not be placed within
an enclosed lockable area.
3. Design Standards. Bicycle parking facilities shall be installed in a manner which
allows adequate spacing for access to the bicycle and the locking device when the
facilities are occupied. General space allowances shall include a two-foot width and a
six-foot length per bicycle and a five-foot maneuvering space behind the bicycle. The
facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete
slab. Bicycle parking facilities for visitors shall be located at convenient locations near
the main entrance to the use. Bike racks should be located so as to not create an
obstruction to pedestrian movement.
/1. Exemptions. Requests for exemptions from bicycle parking requirements shall be
made in writing to the director of planning.
a Exemptions from bicycle parking requirements shall be submitted and
processed concurrently with the project application.
b. Exemptions may be granted depending upon the location of the bicycle
parking with respect to the urban area, the nature and hours of operation
of the proposed use, the accessibility of the site by bicycle at present and
in the future.
5. Credit for Provisions of Bicycle Parking Spaces. Bicycle parking spaces shall be
counted as fulfilling the off-street parking requirements at the rate of three bicycle
spaces for one vehicle space. Up to six bicycle parking spaces in addition to the
minimum requirement may be provided to reduce off-street parking requirements.
Requirements for Permanent Signs (17.28)
17.28.070 General requirements for permanent signs.
B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories or Less.
3. Area.
a. For businesses with more than one permitted wall mounted sign, the
second sign shall not exceed eighty percent, third seventy percent, and
fourth sixty percent of the maximum allowable for the corresponding
frontages. This standard shall not apply to a permitted wall mounted
freeway oriented signs.
b. Wall signs shall not cover more than one square foot of sign area per
linear foot of the architectural façade upon which the sign is located (and
no more than seventy five percent of the surface of the building face that
the sign is located on excluding window and door areas). Maximum area
of sign shall also not exceed one square foot of sign area per linear foot
of business frontage.
c. Wall signs shall not extend more than seventy-five percent of the suite
length for multitenant buildings or building frontage for single tenant
buildings.
17.28.240 Requirements for wall mounted business or building identification signs for buildings
with two stories or less in commercial districts. Wall mounted business identification
signs are intended to provide identification for the individual businesses located in
buildings with two stories or less in commercial districts.
A. Maximum number of signs shall be one per frontage for each tenant.
B. - ' - - - - - •- - - :•- - -- - -- - - --
architectural facade upon which the sign is located (and shall not cover more
than seventy five percent of the surface of the building face that the sign is
located on excluding window and door ar es). Maximum area of sign shall
also not exceed one square foot of sign area per linear foot of business
frontage.
C. Building identification signs are only permitted if no tenant identification signs
are placed on the building.
17.28.350 Requirements for wall mounted business or building identification signs for single and
multitenant buildings with two stories or less in professional office district. Wall
mounted business identification signs are intended to provide identification for
individual businesses in single or multitenant office buildings with two stories or less.
However, only multitenant buildings with exterior entrances for their tenants are
permitted to have wall mounted business identification signs.
A. Maximum number of signs shall be one sign per frontage for each tenant.
B. Maximum area of signs shall not exceed one-half square feet per linear foot of business
frontage; however, the sign area for each sign shall not exceed fifty square feet.
C. For multitenant buildings wall mounted business identification signs shall be permitted
only if the main entrance to each suite is from the exterior of the building as opposed to a lobby
or courtyard design.
D. Building identification signs are only permitted if no tenant identifications are placed.
E. External illumination is not permitted.
17.28.450 Requirements for wall mounted business or building identification signs for buildings
with two stories or less in industrial districts. Wall mounted business or building
identification signs are intended to provide identification for individual businesses in
single-tenant or multitenant industrial buildings.
A Maximum number of signs shall be one per frontage for each tenant.
B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of
building business frontage.
C. Building identification signs are only permitted if no tenant identifications are permitted
by this chapter.
NOTICE OF PUBLIC HEARING
}� Notice of Public Hearing
.\
A i
'k 1919:
`'' ovv`"' A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: LR13-0007
Applicant: City of Temecula
Proposal: An Ordinance of the City Council of the City of Temecula amending portions of
Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the
definition of a cattery and the definition of smoking, allowing certain uses among
various zoning districts, revising procedures for zoning appeals and extensions of
time for tentative maps, descriptions for residential districts, agricultural uses within
residential districts, use regulations for planned development overlay pdo-4,
bicycle parking requirements, standards for permanent wall signs, clarifying
setbacks for swimming pools and spas, and to make other minor clarifications and
typographical corrections to the Temecula Municipal Code
Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review pursuant to Section15061 (b)
(3).
Case Planner: Dale West, (951) 693-3918
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: November 6, 2013
Time of Hearing: 6:00 p.m.
The agenda packet (including staff reports) 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 —
www.citvoftemecula.orq. Any Supplemental Material 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 — www.cityoftemecula.orq — and will be available for
public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Planning Department, (951) 694-6400.
r �
ITEM 4
L J
STAFF REPORT— PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: November 6, 2013
PREPARED BY: Kenny Taylor, Case Planner
PROJECT Planning Application No. PA13-0203, a Minor Conditional Use
SUMMARY: Permit for Relentless Brewing to operate a beer manufacturing
facility with a 495 square foot retail sales and tasting area located at
42030 Avenida Alvarado, Suites E & F
RECOMMENDATION: Approve with Conditions
CEQA: Categorically Exempt
Section 15301, Class 1 Existing Facilities
PROJECT DATA SUMMARY
Name of Applicant: Doris Hess
General Plan Light Industrial (IP)
Designation:
Zoning Designation: Industrial Park (LI)
Existing Conditions/
Land Use:
Site: Existing light industrial structures/Industrial Park (IP)
North: Existing light industrial structures/Industrial Park (IP)
South: Avenida Alvarado and existing light industrial structures/Industrial
Park (IP)
East: Existing light industrial structures/Industrial Park (IP)
West: Existing light industrial structures/Industrial Park (IP)
Existing/Proposed Min/Max Allowable or Required
Lot Area: 1.31 Acres 0.92 Acres
Total Floor Area/Ratio: N/A N/A
Landscape Area/Coverage: N/A N/A
Parking Required/Provided: N/A N/A
BACKGROUND SUMMARY
On August 29, 2013, Doris Hess, on behalf of Relentless Brewing, submitted Planning
Application No. PA13-0203, a Minor Conditional Use Permit for Relentless Brewing to operate a
beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030
Avenida Alvarado, Suites E & F. Proposed hours of operation are Monday through Sunday, 7
a.m. to 8 p.m. for the manufacturing facility, and Monday through Sunday, 10 a.m. to 8 p.m. for
the tasting room. 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
The proposed brewery involves the manufacturing of beer for Relentless Brewing Company.
Per Section 17.08.030 of the Temecula Municipal Code, manufacturing uses are permitted on
the project site, which is developed with an existing building and zoned Light Industrial.
As part of the project, the applicant proposes a retail/tasting room to allow the general public to
taste the beer manufactured on site before making a selection to purchase beer directly from
the facility. Per Development Code Section 17.08.020.F, retail uses (supporting a principal
manufacturing use) not exceeding 15 percent of the primary business area are permitted in the
Light Industrial zoning district. The proposed leasehold area for Relentless Brewing Company
totals 3,333 square feet, with the proposed tasting room occupying 495 square feet. This
amount is equal to 14.8 percent of the total square footage for the establishment, thereby
complying with the requirements of the Development Code (maximum 15 percent). The site
has a shared reciprocal parking agreement with the existing industrial multi-tenants and the
proposed use complies with the minimum onsite parking requirements pursuant to the
Development Code.
The retail sale of beer requires a Conditional Use Permit for alcohol sales, as well as a Type 23
license from the California Department of Alcohol Beverage Control (ABC). Retail/tasting hours
will be Monday through Sunday, 10 a.m. to 8 p.m. Staff has learned from ABC that a Public
Convenience or Necessity application (PCN) will not be necessary for this use. ABC does
not take Census Tract information into account when evaluating Type 23 licenses for
concentration levels. The only requirement is that a 30-day posting from ABC be placed on
the property prior to the sale of alcohol.
The project is consistent with the Development Code requirements for the Light Industrial
zoning district and the Supplemental Development Standards for alcohol beverages sales.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U-T San Diego on October 24, 2013 and
mailed to the property owners within a 700-foot radius.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act (CEQA), the proposed project has
been deemed to be categorically exempt from further environmental review.
The application will allow Relentless Brewing to operate a beer manufacturing facility. No
modifications are proposed for the existing structure or the site plan. The land use (beer
manufacturing facility) has been analyzed and it has been determined that, since the use will be
located within an existing building suite and no physical expansion is involved, further
environmental review is not necessary because the project is consistent with CEQA Section
15301, Class 1 Existing Facilities exemption and meets all applicable Development Code
requirements.
FINDINGS
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer
(brewery) with incidental retail and tastings by the glass. The business is located in the Light
Industrial zone that permits manufacturing uses with incidental retail. The alcohol sales
component of the business is conditionally permitted use. As conditioned, the project is
consistent with the 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 proposed conditional use has been reviewed and appropriately conditioned by Building and
Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and
development of adjacent uses, buildings and structures. Based on the provided Conditions of
Approval, the 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 City of Temecula Development Code (Section 17.08.030) allows for a retail support use to
a non-commercial business (limited to the sale of products manufactured or assembled on site)
that occupies less than 15% of the floor area of the business. The proposed beer
manufacturing use is a non-commercial business with a support retail tasting room that is less
than 15 percent of the business floor area. The proposed conditional use will be located within
an existing industrial building suite adequate in size and shape to accommodate all utilitarian
aspects of the project so that the use will integrate with the existing tenants on site.
The nature of the proposed conditional use is not detrimental to the health, safety and
general welfare of the community.
The project is in conformance with all requirements of the Development Code, Fire Code, and
Building Code. These codes contain provisions that ensure the protection of the public health,
safety, and general welfare. The project is not anticipated to have negative impact to the public
health, safety, and general welfare.
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.
The decision to conditionally approve the application for a Conditional Use Permit for
Relentless Brewing Company is based on substantial evidence in view of the record as a
whole before the Planning Commission.
ATTACHMENTS
Aerial Map
Plan Reductions
Resolution
Exhibit A - Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
AERIAL MAP
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' Department and the Transportation and Land Management Agency of Riverside
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information contained on this map.Data and information represented on this map
are subject to update and modification.The Geographic Information System and
other sources should be queried for the most current information,
This map is not for reprint or resale.
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PC RESOLUTION NO. 13-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA13-0203, A MINOR CONDITIONAL
USE PERMIT FOR RELENTLESS BREWING TO
OPERATE A BEER MANUFACTURING FACILITY WITH A
495 SQUARE FOOT RETAIL SALES AND TASTING
AREA LOCATED AT 42030 AVENIDA ALVARADO,
SUITES E AND F (APN 909-252-002).
Procedural Findings. The Planning Commission of the City of Temecula does
hereby find, determine and declare that:
A. On August 29, 2013 Doris Hess filed Planning Application No. PA13-0203,
a 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 Commission, at a regular meeting, considered the
Application and environmental review on November 6, 2013, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA13-0203 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Further Findings. The Planning Commission, in approving the Application hereby
finds, determines and declares that:
Minor Conditional Use Permit, Development Code Section 17.04.010
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 Minor Conditional Use Permit is intended to allow for a beer
manufacturer (brewery) with incidental retail and tastings by the glass. The
business is located in the Light Industrial zone that permits manufacturing uses
with incidental retail. The alcohol sales component of the business is
conditionally permitted use. As conditioned, the project is consistent with the
General 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 proposed conditional use has been reviewed and appropriately conditioned
by Building and Safety, Fire, and the Police Department to ensure it is compatible
with the nature, condition, and development of adjacent uses, buildings and
structures. Based on the provided Conditions of Approval, the 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 the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The City of Temecula Development Code (Section 17.08.030) allows for a retail
support use to a non-commercial business (limited to the sale of products
manufactured or assembled on site) that occupies less than 15% of the floor area
of the business. The proposed beer manufacturing use is a non-commercial
business with a support retail tasting room that is less than 15 percent of the
business floor area. The proposed conditional use will be located with an
existing industrial building suite adequate in size and shape to accommodate all
utilitarian aspects of the project so that the use will integrate with the existing
tenants on site.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
The project is in conformance with all requirements of the Development Code,
Fire Code, and Building Code. These codes contain provisions that ensure the
protection of the public health, safety, and general welfare. The project is not
anticipated to have negative impact to the public health, safety, and general
welfare.
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;
The decision to conditionally approve the application for a Conditional Use Permit
for Relentless Brewing Company is based on substantial evidence in view of the
record as a whole before the Planning Commission.
Section 3. Environmental Findings. The Planning Commission 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 application will allow Relentless Brewing to operate a beer manufacturing
facility. No modifications are proposed for the existing structure or the site plan.
The land use (beer manufacturing facility) has been analyzed and it has been
determined that, since the use will be located within an existing building suite and
no physical expansion is involved, further environmental review is not necessary
because the project is consistent with CEQA Section 15301, Class 1 Existing
Facilities exemption and meets all applicable Development Code requirements.
Conditions. The Planning Commission of the City of Temecula approves
Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless
Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and
tasting area located at 42030 Avenida Alvarado, Suites E & F, subject to the Conditions
of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning
Commission this 6th day of November, 2013.
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 6th day of November, 2013, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA13-0203
Project Description: A Minor Conditional Use Permit for Relentless Brewing to operate
a beer manufacturing facility with a 495 square foot retail sales
and tasting area located at 42030 Avenida Alvarado, Suites E & F
Assessor's Parcel No.: 909-252-002
MSHCP Category: N/A (No New Square Footage/Grading)
DIF Category: N/A (No New Square Footage)
TUMF Category: N/A (No New Square Footage)
Quimby Category: Exempt (Non-Residential)
Approval Date: November 6, 2013
Expiration Date: November 6, 2015
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check
or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the applicant/
developer has not delivered to the Planning Department the check as required
above, the approval for the project granted shall be void by reason of failure of
condition (Fish and Wildlife Code Section 711.4(c)).
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 City 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 two year period, which is thereafter
diligently pursued to completion, or the beginning of substantial utilization
contemplated by this approval, or use of a property in conformance with a
Conditional Use Permit.
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. A separate building permit shall be required for all signage.
PL-7. The development of the premises shall substantially conform to the approved site
plan and elevations contained on file with the Planning Department.
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. To ensure compliance with this Condition of Approval:
a. Spills and leaks must be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
PL-9. Trash enclosures shall be provided to house all trash receptacles utilized on the
site. These shall be clearly labeled on site plan.
PL-10. Parking for the project shall be shared across the site, including parking spaces in
all lots that are a part of the project. If the project involves multiple lots, the
applicant shall submit to the Planning Department a copy of a recorded Reciprocal
Use Agreement, which provides for cross-lot access and parking across all lots.
PL-11. The applicant shall comply with their Statement of Operations dated August 29,
2013, on file with the Planning Department, unless superseded by these Conditions
of Approval.
PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the
City's Development Code.
PL-13. The City, 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-14. All parkways, including within the right-of-way, entryway median, landscaping, walls,
fencing, recreational facilities and on-site lighting shall be maintained by the
property owner or maintenance association.
PL-15. The trash enclosures shall be large enough to accommodate a recycling bin, as well
as regular solid waste containers.
PL-16. Hours of Operation shall be as follows: Monday through Sunday from 7 a.m. to 8
p.m. and Tasting Room hours Monday through Sunday 10 a.m. to 8 p.m.
PL-17. Prior to an employee selling alcohol from this facility, the alcohol licensee or
employer for the facility shall ensure that the employee has received Licensee
Education on Alcohol and Drugs (L.E.A.D.) training from the California Department
of Alcoholic Beverage Control.
PL-18. The applicant shall abide by all requirements of the California Department of
Alcoholic Beverage Control.
PL-19. An 8.5" x 11" (or larger) sign listing local transportation service providers and
corresponding telephone numbers shall be posed at a conspicuous location within
the building. Information to assist in the compilation of this sign may be obtained
through the Temecula Valley Chamber of Commerce (951-676-5090).
PL-20. Prior to building permit issuance, the developer shall provide TCSD verification of
arrangements made with the City's franchise solid waste hauler for disposal of
construction and demolition debris.
PL-21. Solid covered trash enclosures shall be provided to house all trash receptacles
utilized on the site. These shall be clearly labeled on site plan.
FIRE PREVENTION
General Requirements
F-1. Final fire and life safety conditions will be addressed when building plans are
reviewed by the Fire Prevention Bureau. These conditions will be based on
occupancy, use, the California Building Code (CBC), California Fire Code (CFC),
and related codes which are in force at the time of building plan submittal.
Prior to Issuance of Building Permit(s)
F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to Fire Prevention. These plans must be submitted prior to the
issuance of building permit.
F-3. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention
Bureau for approval. Three sets of alarm plans must be submitted by the installing
contractor to Fire Prevention. The fire alarm system is required to have a dedicated
circuit from the house panel. These plans must be submitted prior to the issuance
of building permit.
F-4. The developer/applicant shall be responsible for obtaining aboveground storage
tank permits for the storage of liquids.
F-5. Buildings housing high-piles combustible stock shall comply with the provisions of
California Fire Code Chapter 23 and all applicable National Fire Protection
Association standards. The storage of high-piled combustible stock may require
structural design considerations or modifications to the building. Fire protection and
life safety features may include some or all of the following: an automatic fire
sprinkler system(s) designed for a specific commodity class and storage
arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire
Department access doors and Fire Department access roads (CFC Chapter 23 and
City Ordinance 15.16.020).
Prior to Issuance of Certificate of Occupancy
F-6. New and existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly legible and
visible from the street or road fronting the property. These numbers shall contrast
with their background. Commercial buildings shall have a minimum of 12-inch
numbers with suite numbers being a minimum of six inches in size. All suites shall
have a minimum of 6-inch high letters and/or numbers on both the front and rear
doors (CFC Chapter 5 and City Ordinance 15.16.020).
F-7. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC
Chapter 5).
POLICE DEPARTMENT
General Requirements
PD-1. Applicant has applied for or holds a Type 23 License (Small beer manufacturer). A
Type 23 license authorizes the sale of beer to any person holding a license
authorizing the sale of beer, and to consumers for consumption on or off the
manufacturer's licensed premises. Without any additional licenses, license holder
may sell beer and wine, regardless of source, to consumers for consumption at a
bona fide public eating place on the manufacturer's licensed premises or at a bone
fide eating place contiguous to the manufacturer's licensed premises. License
holder may conduct beer tastings under specified conditions (see section 23357.3,
ABC regulations). Minors are allowed on the premises. Food Service is not
required.
PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010,
Consumption of Alcoholic Beverages in Public Prohibited.
PD-3. Applicant shall ensure that no alcohol is sold to or consumed by any person under
the age of 21.
PD-4. Identification will be verified utilizing one of the following: (a) valid California driver's
license; (b) valid California identification card; (c) valid military identification card
(active/reserve/retired/dependent); (d) valid driver's license from any of the 50
States or Territories of the United States; (e) valid U.S. Passport; (f) valid
government issued identification card issued by a Federal, State, County or City
agency.
PD-5. As noted above, only a valid government issued identification card issued by a
Federal, State, County or City agency is acceptable, providing it complies with
Section 25660 of the Business and Profession Code (B&P), which includes the
following requirements: (a) name of person; (b) date of birth; (c) physical
description; (d) photograph; (e) currently valid (not expired). It is the responsibility of
the business owner and any person who serves or sells alcohol to be aware of
current laws and regulations pertaining to alcoholic beverages.
PD-6. Licensees may not permit their licensed premises to become a disorderly house. A
disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with
noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc;
and/or (b) has many ongoing crimes inside such as drunks, fights, assaults,
prostitution, narcotics, etc. The licensed premise includes the parking lot (Section
25601 B&P; 316 PC).
PD-7. Licensees may not sell, give, or deliver alcohol (by the drink or by the package)
between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly
purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code).
Licensees may not permit patrons or employees to consume alcohol between 2:00
a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00
a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions)
as to hours of sale that are stricter that the law. Those licenses are marked
"Conditional" (23805 B&P).
PD-8. Police officers, sheriffs deputies and ABC investigators are sworn law enforcement
officers (peace officers) with powers of arrest. Whether in plainclothes or uniform,
peace officers have the legal right to visit and inspect any licensed premises at any
time during business hours without a search warrant or probable cause. This
includes inspecting the bar and back bar, store room, office, closed or locked
cabinets, safes, kitchen, or any other area within the licensed premises. It is legal
and reasonable for licensees to exclude the public from some areas of the
premises. However, licensees cannot and must not deny entry to, resist, delay,
obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148
and 241 (b) PC).
PD-9. Applicant will ensure all employees involved with the sales, service and identification
checks for the purpose of any sales of alcoholic beverages is trained in the proper
procedures and identification checks. The Temecula Police Department provides
free training for all employers and employees involved in the service and sales of
alcoholic beverages. It is the responsibility of the applicant to set up a training
session for all new employees. Contact the Crime Prevention and Plans Unit at
(951) 506-5132 to set up a training date. Training must be completed prior to the
grand opening of this business and periodic updated training conducted when new
employees/ management are hired.
PD-10. Any public telephones located on the exterior of the building shall be placed in a
well-lighted, highly visible area, and installed with a "call-out only" feature to deter
loitering. This feature is not required for public telephones installed within the interior
of the building.
PD-11. Any questions regarding these conditions should be directed to the Temecula Police
Department Crime Prevention and Plans Unit at (951) 506-5132.'
PUBLIC WORKS DEPARTMENT
No Conditions
BUILDING AND SAFETY DIVISION
No Conditions
RELENTLESS BREWING
SECTION I STATEMENT OF OPERATIONS
1. Proposed Purpose: Brewing beer for retail sales and sales to walk-in
customers.
2 Equipment: Grain mill mash tun boil kettle fermenters pumps
hoses refrigeration and kegs.
3 Hours and days of Operation: Beer manufacturing hours will be 7am to 8pm
Monday through Sunday
Tasting Room hours will be 10am to 8pm
Monday through Sunday
4 Number of Employees: 1-4
5 Private Security : No private security required
6 Parking: Parking spaces are not designated and based
on the operations of the facility there is more
than adequate parking to accommodate the
use.
7 Tasting room capacity: Less than 36
8 Handicap paths: An existing accessible path of travel serves the
proposed brewery There is existing accessible
parking on site
9 Association: There is no association at this building
o\\f%1F G
kt. , p f:;\ Notice of Public Hearing--.-'f."
4, 1989`..._...
„v,°" A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: PA13-0203
Applicant: Doris Hess
Proposal: A Minor Conditional Use Permit for Relentless Brewing to operate a beer
manufacturing facility with a 495 square foot retail sales and tasting area located at
42030 Avenida Alvarado, Suites E & F.
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: Kenny Taylor, (951) 240-4203
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: November 6, 2013
Time of Hearing: 6:00 p.m.
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Notice of Public Hearing
The agenda packet (including staff reports) 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 —
www.cityoftemecula.orq. Any Supplemental Material 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 — www.cityoftemecula.org — and will be
available for public review at the respective meeting.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Planning Department, (951) 694-6400.