HomeMy WebLinkAbout071608 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the offce of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will
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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
JULY 16, 2008 - 6:00 PM
Next in Order:
Resolution: 2008 -33
CALL TO ORDER:
Flag Salute: Commissioner Guerriero
Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio
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 athree-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
1 Director's Hearing Summary Report
RECOMMENDATION:
1.1 Receive and File Director's Hearing Summary Report
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
Planninq Application Number PA08-0137 a Minor Modification to the Conditions of
Approval for Rancho Temecula Towne Center (PA02-0364) pertaining to the raised
landscape median on Nicolas Road Cheryl Kitzerow/Matt Peters Case Planners
RECOMMENDATION:
2.1 Approve the determination that Condition of Approval #80c for the median is
satisfied based on the additional right-of-way dedication at the intersection of
Nicolas and Winchester Roads
Amendment to Title 18 of the Temecula Municipal Code for Grading Erosion and Sediment
Control. Daniel York, Deputy Director of Public Works
RECOMMENDATION
3.1 Adopt a resolution entitled
PC RESOLUTION O8-
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 18 OF THE TEMECULA
MUNICIPAL CODE FOR GRADING, EROSION AND SEDIMENT CONTROL, TO
PROVIDE CONSISTENCY WITH THE ADOPTION OF THE 2007 EDITION OF
THE CALIFORNIA BUSINESS CODE INCLUDING APPENDIX "J" AND MAKE
OTHER MINOR CLARIFICATIONS AND CORRECTIONS"
Planninq Application Number PA07-0340 a Minor Conditional Use Permit to authorize a
video game arcade and party facility within an existing 20 000 square foot building Katie
Le Comte Case Planner
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION 08-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NUMBER PA07-0340, A
MINOR CONDITIONAL USE PERMIT AUTHORIZING A 20,000 SQUARE FOOT
VIDEO GAME ARCADE AND PARTY FACILITY WITHIN AN EXISTING
COMMERCIAL BUILDING LOCATED AT 27468 YNEZ ROAD (APN 921-320-058)
REPORTS FROM COMMISSIONERS
REPORTS FROM PLANNING DIRECTOR
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, August 6, 2008, 6:00 P.M. City
Council Chambers, 43200 Business Park Drive, Temecula, California.
3
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Debbie Ubnoske, Director of Planning
DATE: July 16, 2008
SUBJECT: Director's Hearing Summary Report
Planning Director's Agenda items for June 2008
~" ;Date ,~ .:
, Case'No _ _:.
~ ~ Proposal. _•
'Applicant _
...Action -
June 26, 2008 PA08-0099 A Minor Conditional Use Permit to Andy Shann APPROVED
authorize Taste of China
restaurant to upgrade their existing
Type-41 ABC license (on-sale
beer and wine-eating place) to a
Type-47 ABC license (on-sale
general-eating place) which would
authorize the sale of beer, wine
and distilled spirits, located at
32413 Temecula Parkway, Suite
210
Attachment:
Action Agenda
ACTION AGENDA
R:Wgenda Manager SIRG\PLmning Commission Items\071608\Direclors Hearing Summary Report\07-16-2008.doc
2
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
June 26, 2008 1:30 p.m.
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER:
PUBLIC COMMENTS
Debbie Ubnoske, Director of Planning
A total of 15 minutes is provided so members of the public can address the Planning
Director on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Planning Director about an item not listed on the
Agenda, a white "Request to Speak" form should be filled out and filed with the Planning
Director.
When you are caned to speak, please come forward and state vour name and address
Item No. 1
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:.
ACTION:
1:30 p.m.
PA08-0099
Minor Conditional Use Permit
Taste of China
Andy Shann
A Minor Conditional Use Permit to authorize Taste of China
restaurant to upgrade their existing Type-41 ABC license (on-sale of
beer, wine and distilled spirits for consumption on the premises
32413 Temecula Parkway Suite 210
Exempt
Katie Le Comte
APPROVED
P:\Planning\Dircctors-Hcaring\2008\06-26-2008 Action Agcnda.doc
~`~C~EI~1C 2
STAFF REPORT -PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: July 16, 2008
PREPARED BY: Matt Peters and Cheryl Kitzerow, Case Planners
Dan York, Deputy Director of Public Works
APPLICANT NAME: Lars Andersen, Temecurich, LLC
PROJECT Planning Application Number PA08-0137, an application to clarify
SUMMARY: the fulfillment of PA02-0364 Conditional Approval # 80c (Nicolas
Median as part of the Rancho Temecula Town Center)
CEQA: NIA
RECOMMENDATION: Approve
BACKGROUND SUMMARY AND ANALYSIS
Rancho Temecula Town Center (PA02-0364) was approved by the City Council on November
24, 2004. This approval included Condition of Approval #80c which reads:
"The Developer shall construct the following public improvements to City of Temecula General
Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director
of the Department of Public Works: (c) The Developer shall design and construct the raised
landscape median on Nicolas Road (Arterial Highway Standards - 110' RAN), from Winchester
Road to Roripaugh Road or as approved by the Director of Public Works. Plans shall be
reviewed and approved by the Department of Public Works."
On June 16, 2008, Lars Anderson, on behalf of Pacific Development Partners (developer), filed
Planning Application No. PA08-0137, a request for a determination that the condition to
construct the Nicolas median is satisfied because they dedicated additional right-of-way for the
Nicolas and Winchester intersection.
The developer entered into a private agreement with the Roripaugh Ranch development. In that
agreement the developer agreed to dedicate additional right-of-way to support intersection
capacity improvements at Nicolas and Winchester. The Roripaugh Ranch development agreed
to construct the Nicolas median. The City now controls full funding to construct the Nicolas
median associated with the Roripaugh Ranch and satisfy the developer's Condition. of Approval.
Staff recommends that the Planning Commission determine that the condition for the median is
satisfied based on the additional right-of-way dedication at the intersection of Nicolas and
Winchester Roads.
ATTACHMENTS
Aerial Map
Notice of Public Hearing
AERIAL MAP
0 337.5 675 1,350 2,025
Feet
-_~
/ ";
- This map was metla by the Cdy of Temewla Geographic Inlormation System.
The map is derived from base data protlucetl by the Riversitle County Assessofs
\ / ~epartmeM and the Transportation and Land Management Agency of Riverside
\ _Ip~ County. The Cdy of Temewla assumes no warranty or legal responsibility for the
`_ ~ information contained an this map, Data and infomation represented on this map
~' are subject to update and madifiration. The Geogrephic IMOnnation System and
other sources should be queried for the mast wrtent infortnalion.
' This map is not for reprint or resale.
C~~~~r ®~ 7~~~~~~~~
NOTICE OF PUBLIC HEARING
G:\PLANNINGt2008\PA08-0137 Rancho Tem. Town Ctr. Minor MOD\PlanningWOTICE OF PUBLIC HEARING.doc
PC RESOLUTION
STAFF REPORT -PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: July 16, 2008
PREPARED BY: Dan York, Deputy Director of Public Works/City Engineer
PROJECT Amend portions of Title 18 of the Temecula Municipal Code
SUMMARY: pertaining to Grading, Erosion and Sediment Control
RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution
recommending that the City Council approve an Amendment to Title
18 of the Temecula Municipal Code
BACKGROUND SUMMARY
The City Council adopted Ordinance 04-04 and added Title 18 to the Temecula Municipal Code
pertaining to Grading, Erosion and Sediment Control on May 11, 2004. Since its adoption, the
City Council adopted Ordinance 07-17 pertaining to the adoption of the 2007 edition of the
California Building Code on December 11, 2007.
ANALYSIS
In order to maintain consistency, this ordinance proposes to make minor clarifications and
typographical corrections consisting of the following:
1. Correcting references to the 2007 edition of the California Building Code
2. Correcting references to the Grading Manual
3. Adding or revising wording and definitions for consistency and clarity purposes
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on July 5, 2008.
ENVIRONMENTAL DETERMINATION
Staff reviewed the proposed amendment to Title 18 of the Temecula Municipal Code in
compliance with the provisions of the California Environmental Quality Acf ("CEQA") and
determined that these proposed amendments are minor clarifications or typographical
corrections of the Code. Staff is proposing an exemption from the requirements of 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 18 of
the Temecula Municipal Code may have a significant effect on the environment.
ATTACHMENTS
PC Resolution
Exhibit A -Proposed CC Ordinance
Selected Redline/Strikeout Changes to the Municipal Code
Notice of Public Hearing
~'~C'~E1V~[ 3
~loi~oc~c~ o~ pafl[~~6~ ~~~~fl~~
Case No:
Applicant:
Location:
Proposal:
Environmental
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No. PA08-0137
Lars Anderson, Pacific Development Partners
Rancho Temecula Town Center, northeast corner of Winchester and Nicolas Roads
An application to clarify the fulfillment of PA02-0364 Conditional Approval # 80c which
required design and construction of the Nicolas Road median, as approved by the Director
of Public Works, as part of the Rancho Temecula Town Center
Not applicable
Cheryl Kitzerow/Matt Peters, Associate Planners
City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
July 16, 2008
6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing. If you challenge the project
in court, you may be limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
4 26130 .60
®FF1
G:~PLANNING~2008~PA08-0137 Rancho Tem. Town Ctr. Minor MOD1PIanningWOTICE OF PUBLIC HEARING.doc
PC RESOLUTION NO. 08-
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 18 OF THE
TEMECULA MUNICIPAL CODE FOR GRADING,
EROSION AND SEDIMENT CONTROL, TO PROVIDE
CONSISTENCY WITH THE ADOPTION OF THE 2007
EDITION OF THE CALIFORNIA BUILDING CODE
INCLUDING APPENDIX `J', AND TO MAKE OTHER
MINOR CLARIFICATIONS AND CORRECTIONS"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 11, 2004, the City Council of the City of Temecula adopted
Ordinance 04-04 and added Title 18 pertaining to Grading, Erosion and Sediment
Control.
B. On December 11, 2007, the City Council of the City of Temecula adopted
Ordinance 07-17 pertaining to the adoption of the 2007 edition of the California Building
Code.
Section 2. Recommendation of Approval. That the City of Temecula Planning
Commission hereby recommends that the City Council adopt an Ordinance amending
portions of Title 18 of the Temecula Municipal Code substantially in the form attached to
this resolution as Exhibit A.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the proposed Ordinance:
A. In accordance with the California Environmental Quality Act, the proposed
Ordinance is not a "Project" and it is determined that these amendments are minor
clarifications or typographical corrections of the Code. As such, there is no possibility
that the proposed amendments to Title 18 of the Temecula Municipal Code will have a
significant effect on the environment. The proposed Ordinance has been deemed to be
categorically exempt from further environmental review per Section, 15061(b)(3), a
general rule of CEQA that allows a jurisdiction to determine that a project is exempt
from CEQA if that jurisdiction can determine with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of July 2008.
Telesio, Chairman
ATTEST:
Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. O8- was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 16th day of July 2008, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
EXHIBIT A
DRAFT CC ORDINANCE
ORDINANCE NO. 08-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 18 OF
THE TEMECULA MUNICIPAL CODE FOR GRADING,
EROSION AND SEDIMENT CONTROL TO PROVIDE
CONSISTENCY VNITH THE ADOPTION OF THE 2007
EDITION OF THE CALIFORNIA BUILDING CODE
INCLUDING APPENDIX `J' AND TO MAKE OTHER
MINOR CLARIFICATIONS AND CORRECTIONS
THE CITY COUNCIL OF THE CITY OF TEMECULA, DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula hereby amends Section
18.01.040 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.040 Grading Manual
The City Engineer shall formulate a manual setting forth the administrative
procedures and technical requirements necessary to implement the provisions of this
Title. Such rules, procedures, and requirements shall be entitled "The City of
Temecula Administrative and Technical Procedures Manual for Grading, Erosion and
Sediment Control" ("Grading Manual"). The City Engineer shall have the authority to
change, update or revise the Grading Manual as necessary in order to implement the
provisions of this Title and all revisions thereto arising from time to time.
In the event of any conflict between the Grading Manual and this Title, the more
restrictive provisions shall govern. The provisions of the Grading Manual shall, to
the extent they are made conditions of a permit by the City Engineer, be binding
upon the permittee and those claiming under said permittee."
Section 2. The City Council of the City of Temecula hereby amends Section
18.01.060 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.060 Purpose
This Title is enacted for the purpose of regulating grading activity on property
within the City limits of the City to safeguard life, limb, health, property and public
welfare; to avoid discharges of pollutants such as sediment, hazardous materials,
wastes and debris from entering public or private storm water conveyance
facilities and surface waters; and to ensure that the intended use of a graded site
within the city limits is consistent with the City's General Plan, any specific plans
adopted thereto and all applicable City Ordinances and zoning regulations."
Section 3. The City Council of the City of Temecula hereby amends Section
18.01.080 of Chapter 18.01 of the Temecula Municipal Code to read as follows:
"18.01.080 Scope
This Title sets forth rules and regulations, which reflect the minimum acceptable
methods or actions to control land disturbances, landfill, soil storage, pollution
and erosion and sedimentation resulting from construction, grading, excavation
and land clearing activities. This Title establishes procedures for issuance,
administration and enforcement of permits for such activities. Any such grading
activities within the city limits of the City shall conform to the. provisions of this
Title and the Grading Manual and other.applicable provisions of this Code and
the California Building Code, as adopted and amended by the City, together with
all other Conditions of Approval.
In the event that a particular topic is not covered in either this Title or the Grading
Manual; the applicable provisions of this Code or the California Building Code, as
adopted and amended by the City, shall govern. If a conflict arises between this
Code or the California Building Code, the more restrictive provision shall govern,
unless otherwise approved by the City Engineer."
Section 4: The City Council of the City of Temecula hereby amends the
heading of Chapter 18.03 of the Temecula Municipal Code to read as follows:
"ARTICLE 2. Permits"
Section 5. The City Council of the City of Temecula hereby amends Section
18.03.040 of Chapter 18.03 of the Temecula Municipal Code to read as follows:
"18.03.040 Permit Exemptions
A. An excavation below the existing finished grade for re-compaction within the
building zone (within five feet (5') of footings) or for basements and footings for
a .building, mobile home, retaining wall, septic system, well or structure
authorized by a building permit. This shall not exempt any fill made with the
material from such excavation or exempt any excavation having an
unsupported height greater than two feet (2') after the completion of such
structure. Regardless of exemption, the Public Works Department shall be
notified of activity.
B. Cemetery graves.
C. Refuse disposal sites controlled by other statutorily authorized regulations
or agencies.
D. Earthwork or construction controlled by the Federal, State, County or City
governments, or by a local agency as defined by Government Code
Section 53090 through 53095 (special districts). This exemption, however,
shall apply only when the grading activity takes place on the property, or
dedicated rights-of-way or easements of the above agencies.
z
E. Excavation and backfill for installation of underground utilities by public
utilities or companies operating under the authority of a franchise or public
right-of-way permit.
F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel,
aggregate or clay for commercial purposes where established and
provided for by a conditional use permit, provided such operations do not
affect the lateral support of any adjacent or adjoining properties, or alter
the direction of, or contribute to, sedimentation to natural watercourses.
G. Exploratory excavations under the direction of civil engineers, geotechnical
engineers, engineering geologists, and/or archaeologists or paleontologists,
or pursuant to a well permit, provided all excavations are properly backfilled
or otherwise restored. All such elevations and trenches are subject to the
applicable sections of Title 8 of the State Orders, Division of Industrial
Safety and the following:
1. When such work involves removal of any native vegetation, it shall be
accompanied by an administrative clearing permit in accordance with
Section 18.09.120 (C), "Administrative Clearing Permit" of this Title.
Any access roadways or pads constructed for this work shall only be
constructed as approved in the administrative clearing permit and
shall be restored as required in the permit.
H. An excavation not intended to support structures or mobile homes and
which (a) is less than two feet (2') in vertical depth or (b) does not create a
cut slope greater than three feet (3') in vertical height and steeper than two
horizontal to one vertical (2:1). This exemption shall not apply when finish
grading is proposed, subsequent to a permit authorizing rough grading in
accordance with Section 18.09.120(A), "Types of Grading Permits" of this
Title.
A fill less than one foot (1') in vertical depth, placed on natural terrain with
a slope flatter than five horizontal to one vertical (5:1), or less than three
feet (3') in depth, not intended to support structures or mobile homes,
which does not exceed fifty (50) cubic yards on any site and does not
obstruct a drainage course. This exemption shall not apply when finish
grading is proposed, subsequent to a permit authorizing rough grading in
accordance with Section 18.09.120(A), "Types of Grading Permits" of this
Title.
J. The construction or maintenance of roads or facilities for the generation,
storage or transmissions of water including floodwaters or electrical energy
by public agencies or their agents. Work may be subject to Water Quality
Management Plan (WQMP) requirements. A WQMP project includes the
construction or reconstruction of 5,000 square feet of impervious surface in a
parking lot, street, road or highway.
3
K. The maintenance of private roads by private individuals or their agents,
but not the construction or widening of such roads.
L. Clearing and brushing when directed by the Fire Chief to mitigate a
potential fire hazard in accordance with Title 8, Chapter 8.16, "Hazardous
Vegetation," of the Temecula Municipal Code with the concurrence of the
Director of Planning that such clearing and brushing will not cause
significant damage to any habitat of any rare, endangered or protected
species of wildlife or endanger any archaeological or historical resources,
open space areas with biological significance, or transition areas between
land to be cleared for fire fuel mitigation and permanent open space.
M. Clearing and brushing, expressly for the following purposes:
1. Routine landscaping and maintenance of already landscaped areas
and the removal of dead or diseased trees or shrubs.
2. Clearing which conforms to the location, extent and purpose
authorized explicitly by a construction permit pursuant to a
discretionary land use permit or a discretionary development permit.
An Administrative Clearing Permit, in accordance with Section
18.09.120 (C) of this Title, shall be required for any purpose that is
not specifically addressed by the construction permit.
N. Repaving, resurfacing and maintenance of existing private roads and
parking lots and the preparation necessary for that work, provided no
grading beyond the limits of other exemptions is performed.
O. Minor maintenance and alterations to natural drainage areas that do not:
1. Obstruct or redirect drainage from adjacent properties, nor
2. Divert the outflow of drainage from the existing or natural discharge
point of the property, nor
3. Concentrate or accelerate the flow of drainage as it leaves the
property, nor
4. Create ponding, siltation or erosion in or of the streambed, nor
5. Disturb wetlands
Note: The above listed exemptions do not apply to clearing, grubbing,
brushing, disking or grading when:
1. Work will occur in, or physically impact, designated or dedicated open
space or environmentally sensitive areas designated in the General Plan,
4
or the finally adopted -plan of any public agency or governmental office
with jurisdiction over the site, or shown on any approved Specific Plan; or
2. Work will occur in any waterway or wetland, stream, river, channel, pond,
lake, marsh, bog, lagoon, vernal pool or riparian habitat, except as
provided in exemption "P", below; or
3. Work will occur in any floodway or floodplain as shown on the Federal
Emergency Management Agency (FEMA) Flood Plain Maps, or on City
revised maps except as provided in subsection "P", below."
Section 6. The City Council of the City of Temecula hereby amends Section
18.06.040 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.040 Plans and Specifications
A. Each application for a grading permit shall be accompanied by plans and
specifications, soils engineering and geotechnical reports,
hydrology/hydraulic reports, erosion and sediment control plans, proof of
coverage under the State General Permit for construction activities and all
other information required by the City Engineer as in the Grading Manual,
and payment of the appropriate fees. In addition, a conceptual Water
Quality Management Pian (WQMP) must be accepted by the City
Engineer prior to issuance of final conditions of approval. A final WQMP
must be accepted by the City Engineer prior to issuance of a grading
permit.
B. Plans and specifications for grading projects requiring permits as defined
in Section 18.03.020, "Permits Required" of this Title shall be prepared
and signed by the engineer of record. This requirement may be extended
to any project when, in the opinion of the City Engineer, drainage or
geologic factors may warrant a need for civil engineering design and
control.
C. Grading plans and specifications shall be prepared in accordance with the
Grading Manual."
Section 7. The City Council of the City of Temecula hereby amends Section
18.06.060 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.060 Geotechnical (Soils) Reports
A. Surface and Subsurface Conditions. The City Engineer shalt require a
geotechnical report to correlate surface and subsurface conditions with the
proposed grading plan. The results of the investigation shall be presehted
in a report in conformance with the requirements of this Title and the
Grading Manual.
5
B. Supplemental Reports/Data The City Engineer shall require such
supplemental reports and data, as he deems necessary, upon his review
of the site and the reports and other data submitted. Such required data
may include tests for soil fertility and agricultural suitability to be performed
at the conclusion of rough grading by a recognized agronomic soil-testing
laboratory, with written analysis and recommendation, to be utilized during
any required re-vegetation.
C. Waiver of Geotechnical Report Requirements For a specific project, the
City Engineer may determine that the geological and geotechnical
conditions at the site are such that public safety is adequately protected
and no mitigation is required. This finding shall be based on a report
presenting evaluations of site in the immediate vicinity having similar
geologic and geotechnical characteristics. The report shall be prepared by
a certified engineering geologist or registered civil engineer, having
competence in the field of seismic hazard evaluation and mitigation. The
City Engineer shall provide a written commentary that addresses the report
conclusions as justification for waiving the requirement of a geotechnical
report for the project. All such waivers shall be recorded with the County
recorder and a separate copy, together with the report and commentary,
shall be filed with the State Geologist within 30 days of the waiver, in
accordance with Public Resources Code Section 2697(a)."
Section 8. The City Council of the City of Temecula hereby amends Section
18.06.080 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.080 Seismicity Reports -Alquist-Priolo Earthquake Fault Zoning Act
A seismicity report shall be required as a condition for issuance of a grading
permit for all grading applications associated with subdivisions (tracts); all grading
projects that propose development with occupancy category II, III, IV structures as
shown in table 1604A.5 of the California Building Code; and all real estate
development that lies within an earthquake fault zone. Said reports shall comply
with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public
Resources Code, Section 2621, et seq.) and as specified in the Grading Manual."
Section 9. The City Council of the City of Temecula hereby amends Section
18.06.100 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.100 Dust Control and Prevention Plan
Dust control and prevention procedures shall be employed while construction
activity occurs to minimize wind borne particles. At minimum, all grading
operations, land clearing, loading, stockpiling, landscaping, vehicular track-out
and haul routes shall comply with South Coast Air Quality Management District
(SCAQMD) Rule 403 (Fugitive Dust Emissions) and the Grading Manual."
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Section 10. The City Council of the City of Temecula hereby amends Section
18.06.120 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.120 Haul Route Plan
Where soil or construction materials are moved on public roadways from or to the
site of a grading operation, a haul route plan shall be approved by the City
Engineer in accordance with the Grading Manual. Deviation from the designated
haul route shall constitute a violation of the conditions of the permit issued under
this ,Title. Vehicular track-out shall be controlled, as directed by the City
Engineer, to prevent sediment deposition outside of the project site boundaries."
Section 11. The City Council of the City of Temecula hereby amends Section
18.06.140 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.140 Erosion and Sediment Control Plan
All grading plans, regardless of the date of submittal, shall include an erosion and
sediment control plan designed to limit erosion and sediment discharges of all
disturbed portions of the property and to minimize the transport of soil onto
adjacent properties or into storm water conveyance systems in accordance with
the provisions of Chapter 18.15 of this Title and the Grading Manual."
Section 12. The City Council of the City of Temecula hereby amends Section
18.06.160 of Chapter 18.06 of the Temecula Municipal Code to read as follows:
"18.06.160 Expiration and Renewal of Grading Application Submittals
A. Applications for which no permit is issued within 180 days (6 months)
following the date of application shall expire, and plans submitted for
checking may thereafter be returned to the applicant or may be destroyed
by the City Engineer without additional notice to the applicant.
B. The City Engineer may extend the time for action by the applicant for a
period not exceeding 180 days (6 months) upon written request by the
applicant showing that circumstances beyond the reasonable control of
the applicant have prevented action from being taken.
C. In order to renew action for an application after expiration, the applicant
shall resubmit grading submittal package and pay the most current plan
check fee.
D. Plan check fees shall be forfeited for all expired permits."
Section 13. The City Council of the City of Temecula hereby amends Section
18.09.040 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.040 Responsibility of Permittee
It shall be the responsibility of the permittee to be knowledgeable of the
conditions and/or restrictions placed on the permit as outlined in the applicable
sections of this Title, the Grading Manual, and as contained on the approved
grading plans and geotechnical reports. The permittee shall also be responsible
for maintaining a copy of the permit and approved plans at the work site, and
implementing the applicable requirements of the City's Standard Grading Notes,
as identified in the Grading Manual."
Section 14. The City Council of the City of Temecula hereby amends the
heading of Section 18.09.100 of Chapter 18.09 of the Temecula Municipal Code to
read as follows:
"18.09.100 Tentative Subdivision or Conditional Use Permit Required"
Section 15. The City Council of the City of Temecula hereby amends Section
18.09.120 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.120 Types of Permits
A. Mass, Rough or Precise Grading. The City Engineer may issue a mass,
rough or precise grading permit for grading work upon completion of an
application in accordance with the Grading Manual. The issuance of
building permits shall be determined as follows:
1. Building permits may be issued for a site graded under a precise
grading permit or plan upon completion and approval of the rough
grade inspection as specified in the Grading Manual.
2. Building permits shall not be issued for a site graded under a rough
grading permit unless a precise grading permit or plan has been
issued.
B. Stockpiling. Upon approval by the Planning Commission, a stockpile permit
may be issued for the stockpile of soil materials on a lot or parcel provided
that the soil materials shall be removed from the site or compacted and
graded thereon under a subsequently issued mass, rough or precise
grading permit within six (6) months of issuance of a stockpile permit,
unless modified by the Planning Commission, in accordance with the
Grading Manual.
C. Administrative Clearing. No person shall commence any clearing and
grubbing operation without first obtaining a grading or administrative
clearing permit in accordance with the Grading Manual.
s
D. Borrow Sites. A grading and/or administrative clearing permit shall not be
issued when, in the opinion of the City Engineer, a significant amount of
borrow or waste material is to be removed from a grading site for
commercial purposes unless a Conditional Use Permit in accordance with
Chapter 17.04, "Permits" of the Temecula Municipal Code has been
issued for the operation of a borrow pit on the grading site.
E. Paving. No person shall construct concrete or bituminous pavement
surfacing on natural or existing grade in excess of five-thousand (5,000)
square feet for any commercial, industrial, multi-residential or other
parking lot, without a valid grading permit for such paving (this excludes
Single Family Residence). Maintenance and repaving of existing paved
sections shall be exempt from this requirement.
F. Watercourse Alteration. No person shall alter an existing watercourse,
channel, or revetment by excavating, or placing fill, rock protection or
structural improvements therein without an applicable state agency
approval and a grading permit unless (i) the requirement for a grading
permit is waived by the City Engineer, or (ii) the grading is performed as
interim protection in an emergency to prevent flooding, or (iii) a separate
improvement plan- for such alteration is approved by applicable state
agencies and the City Engineer.
G. Rock Blasting. No rock blasting shall be permitted until apre-blast survey
of the surrounding property is conducted to the satisfaction of the City
Engineer. During rock blasting, seismic recordings shall be taken for all
blasts at locations and levels approved by the City Engineer. All blasting
shall conform to the requirements of the City Engineer, as specified in the
Grading Manual."
Section 16. The City Council of the City of Temecula hereby amends Section
18.09.140 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.140 Protection of Adjoining Property
Each adjacent owner is entitled to the lateral and subjacent support that his land
receives from the adjoining land, subject to the right of the property owner of the
adjoining land to make proper and usual excavations on the same for purposes
of construction or improvement, as follows:
A. Any person causing an excavation to be made to a depth of ten feet (10')
or more below the grade and within ten feet (10') of the property line(s)
shall protect the excavation so that the soil of adjoining property will not
cave in or settle. The person making or causing the excavation to be
made shall provide written notification to the adjoining property owner(s)
no less than ten (10) days before such excavation is to be made, stating
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the depth for which such excavation is to be made and when the
excavation will begin.
B. If at any time it appears that the excavation is of greater depth than are
the walls or foundation of an adjoining building or other structure, and the
distance from the edge of the excavation to an adjoining building or other
structure is less than the depth of the excavation, the person causing the
excavation shall notify the owner of the adjoining building or other
structure no less than ten (10) days before such excavation is to be made
to protect the same from any damage, or to brace or extend the
foundations of the noted building or other structure from possible damage
from the excavation.
C. Excavations shall meet afl State and Federal regulations including, but not
limited to, any trench greater than five feet (5') deep, obtaining CAL OSHA
permits.
D. No grading shall be approved which, in the opinion of the City Engineer,
physically prevents the use of existing legal access to any parcel."
Section 17. The City Council of the City of Temecula hereby amends
Subsection B of Section 18.09.160 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"B. Before starting any excavation work, the permittee .shall be responsible to
contact Underground Service Alert of Southern California and coordinate the
proposed excavation with all interested utility companies, districts and
agencies."
Section 18. The City Council of the City of Temecula hereby amends Section
18.09.180 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.180 Maintenance of Protective Devices
The owner or agent in control of such property on which a grading activity has
occurred pursuant to a permit granted under the provisions of this division, shall
maintain in good condition and repair all structures, planting and other protective
devices as per the approved plans or required by the permit. Any facilities
dedicated for public use and accepted by a public agency are exempt."
Section 19. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.09.200 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"A. Time of any grading, clearing and equipment operations pursuant to this
Title shall be consistent with City Ordinance No. 94-25. Grading
operations within one-quarter (1/4) mile of an occupied residence shall not
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be conducted between the hours of 6:30 p.m. and 6:30 a.m., Monday
through Friday; or between the hours of 6:30 p.m. and 7:00 a.m. on
Saturdays. Further, no such activity shall be undertaken on Sunday or
any nationally recognized holiday. The City Engineer may extend the
hours permitted for grading or equipment operations if the City Engineer
determines that such operations are not detrimental to the health, safety
or welfare of the inhabitants of nearby structures. Permitted hours of
operation may be shortened by the City Engineer's findings of a previously
unforeseen effect on the health, safety or welfare of the surrounding
community."
Section 20. The City Council of the City of Temecula hereby amends Section
18.09.220 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.220 Debris on Public and Private Streets
This Title forbids the throwing, leaving, maintaining, keeping, placing, dumping,
depositing or spilling soil materials on public and private streets or any portion of
the public right-of-way. The permittee shall be responsible for the complete
removal and cleanup of such materials from the street or any portion of the public
right-of-way. If the permittee fails to immediately remove said spillage or deposit
from the street and/or public right-of-way, and it is necessary for the City to cause
such removal to be made, the cost of such removal work shall be the
responsibility of the permittee. The City may use the grading deposit in
accordance with Section 18.24.120, "Grading and Erosion Control Securities" of
this Title for this purpose without notice to the owner. An additional cash deposit
may be required prior to resumption of grading activities to insure the cleanup of
public streets."
Section 21. The City Council of the City of Temecula hereby amends Section
18.09.240 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.240 Disposal of fUlaterials
The disposal of all waste and recycling materials removed as part of any grading
project shall be in compliance with the City's Solid Waste Franchise Agreement,
as specified within the provisions of the Temecula Municipal Code, Title 8,
Chapter 8.20, "Waste Management," and the Grading Manual."
Section 22. The City Council of the City of Temecula hereby amends Section
18.09.260 of Chapter 18.09 of the Temecula Municipal Code to read as follows:
"18.09.260 Expiration and Renewal of Issued Permits
A. A grading permit shall be valid for a period of six (6) months from the date
of issuance.
B. The time limitation for all grading permits is also subject to the following
provisions:
1. Change of ownership A permit issued in accordance with these
requirements shall terminate upon a change of ownership if the
work for which said grading permit was issued has not been
completed. In such instances, a new permit shall be required for
the completion of the work.
a. If the time limitations of paragraph (A) of this section are not
applicable, and no changes have been made to the plans
and specifications last submitted to the City Engineer, no
charge shall be made for the issuance of a new permit.
b. If changes have been made to the plans and specifications
last submitted to the City Engineer, fees based on the
valuation of the additional or new work, such as additional
earthwork and necessary plan checking, shall be charged to
the permit applicant.
c. New securities and/or deposits shall be submitted by the
new owner in accordance with Section 18.24.100, "Grading,
Erosion and Sediment Control Securities" of this Title.
2. Permit Extensions. The City Engineer may extend the time limit on
permits by one (1) or more successive periods of up to 180 days (6
months) upon written request by the applicant showing to the satisfaction
of the City Engineer that circumstances beyond the control of the
applicant have prevented, delayed or extended the time required to
complete the grading operations.
3. Weather-related delavs. The City Engineer may require that grading
operations and project designs be modified if delays occur which incur
weather-related problems not considered at the time the permit was
originally issued.
C. As a condition of the extension of any time period, the City Engineer may
require the payment of additional permit, plan checking, inspection, and/or
soils review fees required to cover the administration of the extensions
and/or increased costs to the City and to bring the project into conformance
with any fee schedule in effect at the time of extension."
Section 23. The City Council of the City of Temecula hereby amends
Subsection C of Section 18.09.280 of Chapter 18.09 of the Temecula Municipal Code
to read as follows:
"C. Other. The City Engineer shall deny the issuance of a permit if any of the
following apply:
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1. If prohibited by a duly elected moratorium, court order, injunction, or
other legal order;
2. If the applicant or owner has failed to comply with the provisions of
this Title; or
3. If the work proposed is not consistent with the City's General Plan,
or any element thereof, or any specific plan, conditional use permit,
land use ordinance or regulation, zoning ordinance regulation or
permit, or approved subdivision map. (Ord. 04-04 § 4 (part))"
Section 24. The City Council of the City of Temecula hereby amends Section
18.12.020 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.020 Cuts
Unless otherwise recommended by the Geotechnical Engineer or the
engineering geology reports, or both, and approved by the City Engineer, cuts
slopes shall be no steeper than two horizontal to one vertical (2:1). All cuts and
excavations shall conform to the provisions of this Title and the Grading Manual.
Exception: In the absence of an approved geotechnical engineering report,
these provisions may be waived by the City Engineer for minor cuts not intended
to support structures.
A. A cut surface may be at a slope of 1.5 horizontal to 1 vertical (67%)
provided that all the following are met:
1. It is not intended to support structures or sur-charges;
2. It is adequately protected against erosion;
3. It is no more than eight feet (8') in height;
4. It is approved by the City Engineer;
B. A cut surface in bedrock shall be permitted to be at a slope of one
.horizontal to one vertical (100%)."
Section 25. The City Council of the City of Temecula hereby amends Section
18.12.040 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.040 Fills
Unless otherwise recommended by the Geotechnical Engineer or the
engineering geology reports, or both, and approved by the City Engineer, fills
shall be in accordance with the Grading Manual.
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Exception: In the absence of an approved geotechnical engineering report,
these provisions may be waived by the City Engineer for minor fills not intended
to support structures."
Section 26. The City Council of the City of Temecula hereby amends Section
18.12.060 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.060 Setbacks
All setbacks and other restrictions specified in the Grading Manual, pursuant to
the recommendation of a civil or geotechnical engineer, and approved by the City
Engineer, are to prevent damage to adjacent properties from erosion or to provide
access for slope and drainage structure maintenance. Retaining walls may be
used to reduce the required setbacks when approved by the City Engineer."
Section 27. The City Council of the City of Temecula hereby amends Section
18.12.080 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.080 Terraces and Terrace Drains
Drainage facilities and terraces shall be in accordance with the Grading Manual
unless otherwise approved by the City Engineer."
Section 28. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.12.100 of Chapter 18.12 of the Temecula Municipal Code
to read as follows:
"A. Cut and fill slopes shall be provided with subsurface drainage as
necessary for stability and as recommended by the geotechnical engineer
and/or engineering geologist."
Section 29. The City Council of the City of Temecula hereby amends Section
18.12.120 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.120 Pad Grading
Storm water runoff from lots or adjacent properties shall not be carried over cut
or fill slopes steeper than five horizontal to one vertical (5:1). Such runoff shall
be in accordance with the Grading Manual."
Section 30. The City Council of the City of Temecula hereby amends Section
18.12.140 of Chapter 18.12 of the Temecula Municipal Code to read as follows:
"18.12.140 Asphalt Concrete Pavement
Asphalt concrete pavement for surtacing of parking lots, private streets,
driveways or other similar uses shall be in accordance with the Grading Manual
unless otherwise approved by the City Engineer."
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Section 31. The City Council of the City of Temecula hereby amends Section
18.15.020 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.020 Construction Runoff Compliance
A. All individual construction and grading projects shall implement measures
to ensure that pollutants are not discharged from the site, will be reduced
to the Maximum Extent Practicable (MEP) and will not cause or contribute
to an exceedance of water quality objectives in the local natural
watercourses. All construction and grading activities will be in compliance
with applicable ordinances, permits and other Federal, State and local
requirements.
B. The permittee shall adhere to the following requirements:
1. Develop and implement an erosion and sediment control plan to
manage storm water and non-storm water discharges from the site
at all times in accordance with the Grading Manual. Projects
disturbing, exposing or stockpiling one (1) acre or more of soil are
also required to have coverage under the State General
Construction Permit and generate a Storm Water Pollution
Prevention Plan (SWPPP) per the State General Construction
Permit.
2. Conduct phased grading operations and minimize grading activities
during the rainy season. Coincide grading with dry weather periods
to the extent feasible. Implement additional "Best Management
Practices" (BMP's) for all rain events.
3. Install a combination of erosion and sediment control measures to
effectively prevent erosion and retain sediment on-site throughout
the duration of all construction activities.
4. Minimize exposure time of disturbed soil areas.
5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as
possible..
6. Permanently re-vegetate or landscape as early as feasible.
7. Stabilize all slopes.
8. The permittee shall abide by all of the provisions set forth in the
State Water Resource Control Board (SWRCB) NPDES General
Permit for construction activity. The City must be provided with a
Waste Discharge Identification (WDID) number issued by the
SWRCB prior to an issuance of a grading permit.
is
9. Implement the applicable requirements of the City's Standard
Erosion and Sediment Control Notes, as identified in the Grading
Manual.
Note: The above requirements are applicable to all construction sites regardless of
whether the construction site is subject to the State General Construction Permit or
other individual National Pollutant Discharge Elimination System (NPDES) permit."
Section 32. The City Council of the City of Temecula hereby amends Section
18.15.040 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.040 Erosion and Sediment Control Plans Required
A. No grading activity will be allowed on any single grading site under permit
unless the City Engineer has approved an erosion and sediment control
plan.
B. All grading plans, regardless of the date of submittal, shall include an
erosion and sediment control plan designed to limit erosion of all disturbed
portions of the property and to minimize the transport of soil onto
downgrade perimeters, private and public storm water conveyance
systems, environmentally sensitive areas and adjacent properties in
accordance with the provisions of this Chapter and the Grading Manual.
C. All erosion and sediment control BMP's outlined on the erosion and
sediment control plan will be shown on the SWPPP, if applicable, and
implemented prior to October 15r of each year."
Section 33. The City Council of the City of Temecula hereby amends Section
18.15.060 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.060 Erosion and Sediment Control Systems
A. The pecmittee shall be responsible for the control of erosion and sediment
discharge on and from all disturbed areas of grading until issuance of
certificate of occupancy at which time the BMP's of the WQMP shall be in
place.
B. No grading work shall be allowed on any site when the City Engineer
determines that erosion, mudflow or sediment discharge may adversely
affect downstream properties, drainage courses, storm drains, streets,
easements, or public or private facilities or improvements unless an
approved erosion and sediment control system has been implemented on
the site. If the City determines that it is necessary for the City to cause
erosion and sediment control measures to be installed or cleanup to be
done, the permittee shall pay all of the City's direct and indirect costs
I6
including extra inspection, supervision and reasonable overhead charges
in accordance with Section 18.24.100, "Cost Recovery Fees" of this Title.
C. All protective devices shown on the erosion and sediment control plan and
in the SWPPP, if applicable, shall be in place within seven (7) days prior to
any forecasted rain. If the permittee does not install or maintain erosion
and sediment controls, the City Engineer may order City crews to do the
work or may issue contracts for such work and charge the cost of this
work along with reasonable overhead charges to the cash deposits or
other instruments implemented for this work without further notification to
the owner. No additional work on the project except erosion and sediment
control work shall be performed until the full amount drawn from the cash
deposit, in accordance with Section 18.24.120, "Grading, Erosion and
Sediment Control Securities" of this Title is restored by the permittee.
D. "Best Management Practices" (BMP's) shall be implemented on a continual
basis during construction activities. The following minimum criteria shall be
met:
1. An effective combination of erosion and sediment controls shall be
implemented within seven (7) working days of clearing or inactivity
in construction.
2. Soil stockpiles must be stabilized with a combination of erosion and
sediment controls and have a daily maintenance frequency or as
directed by the City Engineer.
3. Waterway and watercourse protection shall include, but not be
limited to, stabilization of the channel before, during and after in-
channel work.
4. Additional erosion and sediment control materials shall be stockpiled
at various locations throughout the site for immediate implementation
within seven (7) days of a forecasted rain. The developer/contractor
shall make available equipment and workers for emergency work to
protect the site.
E. Cut and fill slopes shall be protected to control against erosion and
sediment discharge.
F. Permittee shall implement BMP's year round. Additional site specific BMP's
shall also be implemented, as necessary, to comply with this Title which may
be more stringent than those required under the General Construction Permit.
G. Permittee shall implement additional controls for construction sites tributary
to Clean Water Act (CWA) section 303(d) water bodies impaired for
sediment. Each Permittee shall implement additional controls for
i~
construction sites within, adjacent, or discharging directly to receiving
waters within environmentally sensitive areas.
H. Permittee shall conduct construction site inspection for compliance with this
Title and all applicable permits."
Section 34. The City Council of the City of Temecula hereby amends Section
18.15.080 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.080 Temporary Site Vegetation
Temporary site vegetation shall be required, as determined by the City Engineer,
on any disturbed soil areas of the site for prolonged periods of grading inactivity or
expiration of a grading permit in accordance with Section 18.09.260, "Expiration
and Renewal. of Permits' of this Title. Temporary vegetation shall not negate any
City requirement or condition of approval to install permanent landscaping."
Section 35. The City Council of the City of Temecula hereby amends Section
18.15.100 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.100 Erosion and Sediment Control Maintenance
A. Prior to and after each rainstorm, all on-site and off-site flow-lines, storm
water conveyance systems, check dams, chevrons, silt fences and desilting
basins shall be free of sediment, construction materials, waste,
miscellaneous debris and deteriorated erosion and sediment controls at all
times.
B. Prior to and after each rainstorm, the erosion and sediment control system
shall be evaluated and revised and repaired as necessary.
C. The permittee shall be responsible for and shall take necessary
precautions to prevent public trespass onto areas where impounded
water, due to erosion .and sediment control devices, creates a hazardous
condition. Signage indicating "ponded water - do not enter" shall be
posted.
D. The permittee shall be responsible for continual maintenance of the
devices during all construction activities.
E. In the event the City Engineer must cause emergency work to be done, he
or she may revoke the grading permit. The permit shall not be renewed
until an approved erosion and sediment control system has been installed
and the owner has paid any applicable fees.
F. If any grading or clearing subject to Section 18.03.020 "Permits Required"
of this Title has commenced on private property without a valid grading
permit, the property owner will be required to stop work, prepare and
is
implement an erosion and sediment control plan which has been approved
by the City and obtain a valid grading permit."
Section 36. The City Council of the City of Temecula hereby amends Section
18.15.140 of Chapter 18.15 of the Temecula Municipal Code to read as follows:
"18.15.140 Additional NPDES Requirements
A. General Requirements. All grading activities subject to the regulations of
this Title shall be designed and conducted to minimize runoff of all
pollutants onto public or private properties and into waters of the United
States as required by this section and City Municipal Code, Title 8,
Chapter 8.28, Storm Water/Urban Runoff Manaoement and Discharge
Control."
B. Responsibility. It shall be the permittee's responsibility to obtain coverage
under the SWRCB General Construction Permit, submit a Notice of Intent
(NOI) and appropriate fee to the SWRCB, complete all site-specific Storm
Water Pollution Prevention Plans (SWPPP), monitoring and reporting
program plans, reports, certifications, and other information required by
the permit and or requested by the Regional Water Quality Control Board
(RWQCB), United States Environmental Protection Agency (USEPA), or
the City Engineer. The permittee shall update all plans as construction
activities are modified from their original schedule and/or progress as
originally planned. The permittee shall also maintain all erosion and
sediment control measures at the site throughout the duration of the
project as required by the permit. All of the information noted above shall
be maintained on-site during construction and shall be presented upon
demand by the SWRCB and/or City of Temecula inspectors. NPDES
requirements will remain in effect until Notice of Termination (NOT)
requirements are fulfilled."
Section 37. The City Council of the City of Temecula hereby amends Section
18.18.040 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
18.18.040 Grading Requirements
A. Civil Engineer. It shall be the responsibility of the civil engineer who
prepared the grading plans to incorporate the applicable
recommendations from the geotechnical engineering and geology reports
and to incorporate any City Engineer approved alternatives into the
grading plan.
1. The civil engineer shall be responsible for establishing line and
grade for the grading and drainage improvements and shall act as
the coordinating agent in the event the need arises for liaison
between the other professionals, the contractor and the City
Engineer.
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2. The civil engineer shall be responsible for the preparation of plan
revisions to be approved by the City Engineer prior to implementing
the change in the field.
3. Prior to issuance of building permits for any given lot or lots, the civil
engineer shall be responsible for submitting a pad certification letter
stating line and grade as evidence that the grading activity has been
completed within standard tolerances in accordance with the
approved plans and that all embankments and cut slopes and pad
sizes are as shown on the approved plans.
B. Geotechnical Engineer. The geotechnical engineer's area of responsibility
shall include, but not be limited to, performing the preliminary geotechnical
engineering investigation and report, determining the suitability of soils
during grading, providing compaction inspection and testing, and
preparing the final geotechnical engineering report.
C. Engineering Geologist. The engineering geologist's area of responsibility
shall include, but not limited to, professional inspection and approval of the
stability of cut slopes with respect to geological matters, and the need for
sub-drains or other groundwater drainage devices. He shall report his
findings to the Geotechnical Engineer for engineering analysis.
D. Landscape Architect. The landscape architect shall incorporate applicable
recommendations from the geotechnical engineering reports into the
landscape and irrigation plans. The landscape architect shall also prepare
plan revisions to be approved by the City Engineer prior to implementing the
change in the field.
1. All ground cover shall provide one-hundred percent (100%)
coverage within nine (g) months of planting, or additional
landscaping shall be required in order to meet this standard."
Section 38. The City Council of the City of Temecula hereby amends Section
18.18.060 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
"18.18.060 Transfer of Responsibility
If the civil engineer of record, the geotechnical engineer, the engineering
geologist, or the grading contractor of record is changed during the course of the
work, the project shall be stopped until:
A. The permittee submits a letter of notification verifying the change of the
responsible professional; and
B. The new responsible professional submits in writing that he has reviewed
all prior reports and/or plans (specified by date and title) and work
performed by the responsible professional party, and that he concurs with
zo
the findings, conclusions and recommendations, and is satisfied with the
work performed. He or she must state that they assume all responsibility
within his or her purview as of a specified date. All exceptions shall be
justified to the satisfaction of the City Engineer.
Exception: Where clearly indicated that the firm, not the individual engineer
and/or geologist, is the contracting party, the designated engineer or geologist
may be reassigned and another engineer and/or geologist within the firm may
assume responsibility."
Section 39. The City Council of the City of Temecula hereby amends Section
18.18.100 of Chapter 18.18 of the Temecula Municipal Code to read as follows:
"18.18.100 Speciallnspections
The City Engineer may establish special inspection requirements in accordance
with Chapter 17, Section 1704, "Special Inspections", of the California Building
Code, amended, for special cases involving grading or paving related operations.
Special cases may apply to work where, in the opinion of the City Engineer, it is
necessary to supplement the resources or expertise available for inspection."
Section 40. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.18.120 of Chapter 18.18 of the Temecula Municipal Code
to read as follows:
"A. The provisions of Appendix Chapter 1, Administration, Section 114, "Stop
Orders", of the California Building Code shall apply to all grading work.
Whenever the City Engineer or his or her representative determines that
any work does not comply with the terms and conditions of the permit, or
that that the work is being done improperly or in a hazardous manner, he
or she may order the work stopped by notice in writing served on any
.persons engaged in doing or causing such work to be done, and any such
persons shall stop conducting such work until authorized by the City
Engineer to proceed with the work."
Section 41. The City Council of the City of Temecula hereby amends Section
18.21.020 of Chapter 18.21 of the Temecula Municipal Code to read as follows:
"18.21.020 Final Reports
Upon completion of the rough grading work and at final completion of the work,
the City Engineer may require the written approvals, reports, plans and
supplements specified in the Grading Manual."
Section 42. The City Council of the City of Temecula hereby amends Section
18.21.040 of Chapter 18.21 of the Temecula Municipal Code to read as follows:
21
"18.21.040 Plotification of Completion
The permittee or his agent shall notify the City Engineer when the grading
operation is ready for final inspection. Final approval shall not be given until all
work, including installation of all drainage facilities and their protective devices,
and all erosion and sediment control measures, including landscaping and its
irrigation system, have been completed in accordance with the approved grading
plan, and the required reports have been submitted. Where landscape planting
for erosion and sediment control has been installed, final clearance (i.e. release
of security deposits) shall not be granted until the planting has been established.
The establishment of such erosion and sediment control plantings shall be
certified by a licensed Landscape Architect and approved by the City Engineer."
Section 43. The City Council of the City of Temecula hereby amends Section
18.24.020 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
"18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee
Before accepting an application -and a set of plans and specifications.for review,
the City Engineer shall collect all plan-checking fees. Separate permits and fees
shall apply to retaining walls or major drainage structures. All applicants
submitting plans as required by this Title shall pay all plan check fees and/or
deposits as required by this Title and by City Council resolution establishing
applicable fees and deposits."
Section 44. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.24.040 of Chapter 18.24 of the Temecula Muhicipal Code
to read as follows:
"A. All applicants requesting a mass, rough, precise, stockpile or
administrative clearing .permit as required by this Title shall pay all fees
and/or deposits as required by this Title and by City Council resolution
establishing applicable fees and deposits."
Section 45. The City Council of the City of Temecula hereby amends
Subsection B of Section 18.24.040 of Chapter 18.24 of the Temecula Municipal Code
to read as follows:
"B. The fee for a grading permit authorizing additional work under a valid
permit shall be the difference between the fee paid for the original permit
and the fee shown for the entire project as indicated in the City's fee
schedule."
Section 46. The City Council of the City of Temecula hereby amends Section
18.24.060 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
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18.24.060 Review of Geotechnical Reports Fee
Before accepting a geotechnical (soils) report for review, the City Engineer shall
collect a report review fee. A separate fee will be charged for each individual report
submitted for review. The amount shall be as set forth by City Council resolution."
Section 47. The City Council of the City of Temecula hereby amends Section
18.24.080 of Chapter 18.24 of the Temecula Municipal Code to read as follows:
A. Inspection fees may be refunded, less any City expenses incurred,
including a reasonable overhead charge, at any time prior to the start of
the work authorized by the permit, upon the applicant's written request,
provided the grading application has expired or has been withdrawn."
Section 48. The City Council of the City of Temecula hereby amends
Subsection A of Section 18.24.080 of Chapter 18.24 of the Temecula Municipal Code
to read as follows:
"A. Security required. A grading permit shall not be issued unless the
permittee first posts a security with the City comprised of a cash deposit,
letter of credit, or a combination cash deposit and a corporate surety bond
issued by a surety authorized to do business in the State of California, as
specified in the Grading Manual. The security amount is required to
assure that the work, if not completed in accordance with the approved
plans and specifications, will be corrected to eliminate any deficiency or
hazard created by the work or its lack of maintenance, as follows:
1. A cash deposit, in accordance with the Grading Manual, may be
required by the City Engineer to ensure the elimination of
hazardous conditions, the emergency maintenance of erosion and
sediment control systems and to ensure the removal of stockpiles.
2. On developments where progressive individual grading projects or
several concurrent projects are being constructed by one owner, a
continuing (blanket) bond or other approved security that covers all
such projects may be accepted in an amount determined by the City
Engineer."
Section 49. The City Council of the City of Temecula hereby amends Section
18.27.020 of Chapter 18.27 of the Temecula Municipal Code to read as follows:
"18.27.020 Power and Duties of the City Engineer
The .provisions of Appendix Chapter 1, Administration, Section 104, Duties and
Powers of Building Official, of the California Building Code shall apply to the City
Engineer and his or her representative for all grading construction and earthwork
to be done as required by any conditions of a permit issued pursuant to this Title."
23
Section 50. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of
"Accessibility" to read as follows:
"Accessibility" is the combination of various elements in a building, facility, site
or area, or portion thereof which allows access, circulation and the full use of the
building and facilities by persons with disabilities in conformance with the
Chapter 11 B of the California Building Code."
Section 51. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Accessible Route of Travel"
definition to read as follows:.
"Accessible Route of Travel" means the continuous unobstructed path
connecting all accessible elements and spaces in an accessible building or
facility that can be negotiated by a person with a severe disability using a
wheelchair and that is also safe for and usable by persons with other disabilities,
and that also is consistent with the definition of "Path of Travel" in this section.
Interior accessible routes may include parking access aisles, curb ramps,
crosswalks at vehicular ways, walks, sidewalks, ramps and lifts. An accessible
route does not include stairs, steps or escalators."
Section 52. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Best IVlanagement Practices
(BfVIP's)" definition to read as follows:
"BIVIP's" means the management practices, operating procedures, and devices
implemented to prevent or reduce the discharge of pollutants directly or indirectly
to public or private storm water conveyance systems."
Section 53. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "City Engineer" definition to
read as follows:
"City Engineer" means the City Engineer of the City of Temecula or his or her
duly delegated representative."
Section 54. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Curb Cut".
Section 55. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion" definition to read as
follows:
"Erosion" means the wearing away of the ground surface as a result of
movement of wind, water or ice."
24
Section 56. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Erosion
Control" to read as follows:
"Erosion Control" means anything that keeps soil in place."
Section 57. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment
Control Plan" definition fo read as follows:
"Erosion and Sediment Control Plan" is a plan prepared under the direction of
and signed by a Civil Engineer competent in the preparation of such plans and
knowledgeable about current erosion and sediment control methods. Said plan
shall be submitted to the City and shall provide for protection of exposed soils
and desiltation of runoff at frequent intervals prior to discharging from a site or to
a storm water conveyance system (natural watercourses, streets, flow-lines,
inlets, outlets, etc.)"
Section 58. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Erosion and Sediment
Control System" definition to read as follows:
"Erosion and Sediment Control System" means combination of erosion and
sediment controls (including effective planting and the maintenance thereof) to
protect the project site, adjacent private property, watercourses, public facilities,
graded improvements, existing natural features, archaeological artifacts, and to
relieve waters of suspended sediments or debris prior to discharge from the site."
Section 59. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Flow-line"
to read as follows:
"Flow-line" means v-ditches, brow-ditches, terrace drains, ribbon gutters, curb
gutters, etc'.
Section 60. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Grade" definition to read as
follows:
"Grade" means the vertical elevation of the ground surface.
A. "Existing grade" means the grade prior to grading.
B. "Finish grade" means the final grade of the site, which conforms
precisely to the City-approved plans, approved construction changes or
record drawings.
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C. "Natural grade {or natural ground)" means the ground surface
unaltered by artificial means.
D. "Rough grade" means the stage at which the .work is in to precise
conformance with the approved plan and when all excavations for
drainage structures and retaining walls are complete."
Section 61. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Key" definition to read as follows:
"~" means a compacted fill placed in a trench excavated in earth material
beneath the Yoe of a slope."
Section 62. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Maximum Extent Practicable
(MEP)" definition to read as follows:
"Maximum Extent Practicable (MEP)" means the standard established by
Congress in the Clean Water Act that operators of MS4 permits must meet. To
achieve the MEP standard, Best Management Practices must be implemented
that are technically feasible (i.e. are likely to be effective) in combination with
treatment methods serving as back up."
Section 63. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Path of Travel" definition to
read as follows:
"Path of Travel" means a passage that may consist of walks and sidewalks, curb
ramps and pedestrian ramps, lobbies and corridors, elevators, other improved
areas, or a necessary combination thereof, that provides free and unobstructed
access to and egress from a particular area or location for pedestrians and/or
wheelchair users. A "path of travel" includes a continuous, unobstructed way of
pedestrian passage by means of exited, and which connects a particular area with
an exterior approach (including sidewalks, streets and parking areas), an entrance
to the facility and other parts of the facility. In existing buildings, when alterations,
structural repairs or additions are made, the term "path of travel" also includes the
sanitary facilities, telephones, drinking fountains and signs serving the altered area."
Section 64. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Precise Conformance"
definition to read as follows:
"Precise Conformance", for purposes of this Title, means:
A. Pad elevations within plus or minus four-tenths (0.4) of a foot (1') of
planned elevation or approved construction change:
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B. Street subgrade within plus or minus four hundredths (0.04) of a foot (1')
of planned elevation or approved construction change;
C. Slope grades within plus or minus 112 foot (0.5') of planned elevation or
approved construction change;
D. Rock slopes (rip-rap armoring) and horizontal locations within two feet (2')
of planned elevation and location or approved construction change;
E. Drainage gradient to within two-tenths (0.2) of one percent (1 %) of
planned slope or approved construction change; and
F. Structures within the tolerances specified in the latest adopted version of
the "Standard Specifications for Public Works Construction" (Green
Book)."
Section 65. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Private
Roads" to read as follows:
"Private Roads" are roads that have been dedicated to the public, but not
accepted for public use or that have been retained as "Private' for private use by
the owners or may simply be a road created by private use or easement."
Section 66. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Rainy Season" definition to
read as follows:
"Rainy Season" means October 1 thru April 30 of the next calendar year."
Section 67. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Regional Water Quality
Control Board (RWQCB)" definition to read as follows:
"Regional Water Quality Control Board (RWQCB)" means the State's
Regional Regulatory Agency responsible for protecting waters of the State."
Section 68. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Sediment
Control" definition to read as follows:
"Sediment Control" means anything that captures soil particles after being
displaced."
Section 69. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "State
Water Resources Control Board (SWRCB)" definition to read as follows:
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"State Water Resources Control Board (SWRCBI" means the regulatory
authority that develops statewide water protection policies, establishes water
quality standards, and guides the nine Regional Water Quality Control Boards
throughout the state."
Section 70. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Storm
Water Management Plan (SWMP)".
Section 71. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Storm Water Pollution
Prevention Plan (SWPPP)" definition to read as follows:
"Storm Water Pollution Prevention Plan (SWPPP)" means a document which
meets the requirements set in the State's NPDES General permits for Construction
and Industrial activities. The SWPPP must describe the BMP's to be implemented
to meet the requirements of the General Permits and this Title."
Section 72. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by deleting the term and definition of "Standard
Urban Storm Water Mitigation Plan (SUSMP)".
Section 73. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by adding the term and definition of "Water
Quality Management Plan (WQMP)" fo read as follows:
"Water Quality Management Plan (SUSMP-" means a plan submitted in
connection with an application for a City permit or other City approval, identifying
the measures that will be used to mitigate the impacts of urban runoff from
development projects."
Section 74. The City Council of the City of Temecula hereby amends Chapter
18.33 of the Temecula Municipal Code by updating the "Waters of the State" definition
to read as follows:
"Waters of the State" means any water, surface or underground, under the
jurisdiction of the State."
Section 75. Environmental Finding. The proposed amendments to Title 18 of
the Temecula Municipal Code are determined to be minor clarifications or typographical
corrections of the Code. Based on this fact, the City Council hereby finds that the
adoption of this Title is exempt from further review pursuant to CEQA Guideline Section
15061(b)(3) of the CEQA Guidelines, because it can be seen with certainty that there is
no possibility that the proposed Title may have a significant effect on the environment.
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Section 76: If any provision of this Title or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or
application, and to this end, the provisions of this Title are declared to be severable.
Section 77: The City Clerk shall certify the Title and cause it to be published as
required by law. This Title shall take effect on the 30~h day after adoption pursuant to
state law.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of
Temecula on the _ day of July, 2008.
Michael S. Naggar
Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
1, Susan W. Jones, MMC, City Clerk of the City of Temecula, do certify that the
foregoing Ordinance 08- was duly introduced and placed upon it's first reading at a
regular meeting of the City Council on the 8~h day of July, 2008, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the
_ day of July, 2008 by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
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SELECTED REDLINE/STRIKEOUT CHANGES TO THE DEVELOPMENT CODE
TITLE 18
GRADING, EROSION AND SEDIMENT CONTROL
Chapter 18.01
ARTICLE 1. GENERAL PROVISIONS
Sections:
78.01.020 Title
18.01.040 Grading Manual
18.01.060 Purpose
18.01.080 Scope
18.01.020 Title
The Title codified in these chapters shall be known as the "City of Temecula Grading, Erosion, and
Sediment Control Title" and will be refereed to herein as'Yhis Title:'
78.01.040 Grading Manual
The Fity_engineer ~hall_ formulate a manual_setting_forth the administrative procedures and techn_ical_ _. - -Deleted: Director of PUtiic workvc
requirements necessary to implement the provisions of this Title. Such rules, procedures, and ~- ~ ~-- Deleted: I•Ciry Engineef)
requirements shall be entitled "The City of Temecula Administrative and Technical Procedures Manual for
Grading, Erosion and Sediment Control" ("Grading Manual"). The city engineer shall have the authority to
change, update or revise the Grading Manual as necessary in order to implement the provisions of this
Title and all revisions thereto arising from time to time.
In the event of any conflict between the Grading Manual and this Title, [he more restrictive provisions
shall govern. The provisions of the Grading Manual shall, to the extent they are made conditions of a
permit by the city engineer, be binding upon the permittee and those claiming under said permittee.
78.07.060 Purpose
This Title is enacted for the purpose of regulating grading activity on property within the city limits of the
City to safeguard Irfe, limb, health, property and public welfare; to avoid discharges of pollutants such as_ _ . - - Deleted: the
sediment, hazardous materials, wastes and debris from entering public or private storm water
conveyance facilities and surface waters; and to ensure that [he intended use of a graded site within the
city limits is consistent with the City's General Plan, any specific plans adopted thereto and all applicable
City ordinances and zoning regulations.
78.01.080 Scope
This Title sets forth rules and regulations, which reflect the minimum acceptable methods or actions to
control land disturbances, landfill, soil storage, pollution and erasion and sedimentation resulting from
constmction, grading, excavation and land clearing activities. This Title establishes procedures for
issuance, administration and enforcement of permits for such activities. Any such grading activities within
the city limits of the City shall conform to the provisions of this Title and the Grading Manual and other
applicable provisions of this Code and the California Building Code, as adopted and amended by the City,
together with all other conditions of approval.
In the event that a particular topic is not covered in either this Title or the Grading Manual, the applicable
provisions of [his Code or the California Building Code, as adopted and amended by the City, shall
govern. If a conflict arises between [his bode or the California Building Code,_Ihe more resldcti_v_e_ ~- Deteted: Ordinance and the City's
provision shall govern, unless otherwise approved by the city engineer. MuniGPai
Chapter 18.03
ARTICLE 2. PERMITS _ _ _ _ _ _ _ _ , - - Deleted: REOmaao
Sections:
18.03.020 Permits Required
18.03.040 Permit Exemptions
78.03.020 Permits Required
No person shall conduct any grading, stockpiling, excavating, paving, earth moving, filling, clearing,
disking, brushing or grubbing on natural or existing grade or pedortn work that is preparatory to grading,
without first having obtained a permit in accordance with this Title, except as specified in Section
78.03.040, of this Title and without having obtained coverage under the State Water Resources Control
Board (SWRCB) National Pollution Discharge Elimination System (NPDES) permit for constmction
activity (if applicable).
18.03.040 Permit Exemptions
Grading permits are not required for:
A. An excavation below the existing finished grade for re-compaction within the building zone (v~ithin five
feet (5') of footings) or for basements and footings for a building, mobile home, retaining wall, septic
system, well or structure authorized by a building permit. This shall not exempt any fill made with the
material from such excavation or exempt any excavation having an unsupported height greater than
two feet (2') after the completion of such structure. Regardless of exemption the Public Works
Deoanment shall be notified of activity
B. Cemetery graves;
C. Refuse disposal sites controlled by other statutorily authorized regulations or agencies;
D. Earthwork or construction controlled by the federal, state, county or city governments, or by a local
agency as defined by Government Code Section 53090 Through 53095 (special districts). This
exemption, however, shall apply only when the grading activity takes place on the property, or
dedicated rights-of-way or easements of the above agencies;
E. Excavation and backfill for installation of underground utilities by public utilities or companies
operating under the authority of a franchise or public right-of-way permit;
F. Mining, quarrying, excavating, processing stockpiling of rock, sand, gravel, aggregate or clay for
commercial purposes where established and provided for by a conditional use permit, provided such
operations do not affect the lateral support of any adjacent or adjoining properties, or alter the
direction of, or contribute to, sedimentation to natural watercourses.
G. Exploratory excavations under the direction of civil engineers, geotechnical engineers, engineering
geologists, and/or archaeologists or paleontologists, or pursuant to a well permit, provided all
excavations are propedy backfilled or otherwise restored. All such elevations and trenches are subject
to the applicable sections of Title 8 of the State Orders, Division of Industrial Safely and the following:
1. When such work involves removal of any native vegetation, it shall be accompanied by an
administrafive clearing permit in accordance with Section 18.09.120 (C ,_"Administralrve Clearing_ , _ _ ~ metered: o
Permit" of this Title. Any access roadways or pads constructed for this work shall only be cons[mcted
as approved in the administrative clearing permit and shall be restored as required in the permit.
H. An excavation not intended to support structures or mobile homes and which (a) is less than two feet
(2') in vertical depth or (b) does not create a cut slope greater than three feet (3') in_vedical height_ . _ -- Deleted: which
and steeper than two horizontal to one vertical (2:7). This exemption shall not apply when finish
grading is proposed, subsequent to a permit authorizing rough grading in accordance with Section
18.09.120(A), "Types of Grading Permits" of this Title.
I. A fill less than one foot (t') in vertical depth, placed on natural terrain with a slope flatter than five
horizontal to_one vertical (5:1 ), or less than three feet (3') in-depth, not intended to support structures
- -- Deleted: isl
_
or mobile homes, which does not exceed fifty (50) cubic yards on any bite and does
not obstruct a -
_
drainage course. This exemption shall not apply when finish grading is proposed, subsequent to a - - Deleted: (t)
permit authorizing rough grading in accordance with Section 18.09.120(A), 'Types of Grading
" ~ Deleted: one
Permits
of this Title.
J. The construction or maintenance of roads or facilities for the generation, storage or transmissions of
water including floodwaters or electrical energy by public agencies or their agents. Work may be subject
to Water Quality Manaoement Plan (WOE requirements._ A WQMP project includes the constmction _ - - Deleted: standard Urban storm
_
or reconstruction of 5,000 square feet ofimoervious sudace in a-parking lot, street, road or highway. water Mitigation Plan isusMPt
K. The maintenance of private roads by private individuals or their agents, but not the construction or ' Deleted: SUSMP high priority
widening Of Such roads, ~ Deleted: pavement
- .... _ _ _
L. Clearing and brushing when directed by the Fire Chief to mitigate a potential fire hazard in _ _ - Deleted: Work maybe subject io
SUSMP requirements.
accordance with Title 8, Chapter 8.16, "Hazardous Vegetation,' of the Temecula Municipal Code with
the concurrence of the Diroctor of Planning that such clearing and brushing will not cause significant
damage to any rabitat of any rare,_endangered or protected species_of wildiife_or_endanger any
. -- Deleted: rare
endangered or
_ _
archaeological or historical resources, open space areas with biological significance, or transition
areas between land to be cleared f
r fi
f
l
i
i
i ,
protected spedes of plant or wildlife
o
re
ue
m
t
gat
on and permanent open space. or cause any significant damage to
any
M. Clearing and brushing, expresslyfor the following purposes:
1. Routine landscaping and maintenance of already landscaped areas and the removal of dead or
diseased trees or shrubs.
2. Clearing which conforms to the location, extent and purpose authorized explicitly by a construction
permit pursuant to a discretionary land use permit or a discretionary development permit. An
Administrative Clearing permit, in accordance with Section 18.09.120 of this Title,
shall
be
_
- Deleted: o
.
-
_ _
required for any purpose that is not specifically addressed by the construct on permit. - -
N. Repaving, resurfacing and maintenance of existing private roads and parking lots and the preparation
necessary for that work, provided no grading beyond the limits of other exemptions is performed, _ _ _ _ _ - ~ Deleted: Work maybe subject to
O. Minor maintenance and alterations to natural drainage areas that do not: SUSMP requirements.
1. Obstruct or redirect drainage from adjacent properties, nor
2. Divert the outflow of drainage from the existing or natural discharge point of the property, nor
3. Concentrate or accelerate the flow of drainage as it leaves the property, nor
4. Create ponding, siltation or erosion in or of the streambed, nor
5. Disturb wetlands
Note "-., - - ,..-r
-. The above:~irsted exemptions Adosnot apply~io clearing ;;grubbing
b~ushtn
:diskth
or
_
g
gLL
grading when:
2. Work will,occur_n any waterway or wetlantl stream' river channel-_pond lake,"marsh Lwg,~lagoon
vernal pool oi~dpanan'habitaF„except asjprovided m"ex@mpiion P- tielowitoa
3 Work well occur inany floodway or floodplan as shown on [he FederaLEmergencyManagemerif-Agericy
FEMA Flpod:Piain Maps o~ on Cdy re`vis`ed maps except as prov_idedin subsection P below) _ _ _ _ _ _ - _ _ cpmment [r17 naorea w uK ego of
Chapter 18.06
ARTICLE 3. GRADING APPLICATION REQUIREMENTS
Sections:
18.06.020 Grading Application
18.06.040 Plans and Specifications
18.06.060 Geotechnical (Soils) Reports
18.06.080 Seismicity Reports
18.06.100 Dust Control and Prevention Plan
18.06.120 Haul Route Plan
18.06.140 Erosion and Sediment Control Plan
18.06.160 Expiration and Renewal of GradinD Application Submittals
78.06.020 Grading Application
To obtain a grading permit, the applicant shall first file an application in writing on a form furnished by the
city engineer for that purpose.
18.06.040 Plans and Specifications
A. Each application for a grading permit shall be accompanied by plans and specifications, soils
engineering and 8eotechnical_reports,_hydroloev/hydraulic reports erosion and sediment control _ _-
plans, proof of Foverage under the_§tate eneral Permit for construction activities and all other _
information required by the city engineer asjn the Grading Manual, and payment of the apprgpriate_~' - .
fees. In addition, a conceptual Water Quality Mananement Plan rwnnePt ,.,~,~r tie ~,.,.~..r..a ..., ,ti~
B. Plans and specifications for grading projects requiring permits as defined in Section 18.03.020,
"Permits Required" of this Title shall be prepared and signed by the engineer of record. This
requirement may be extended to any project when, in the opinion of the city engineer, drainage or
geologic factors may warrant a need for civil engineering design and control.
C. Grading plans and specifications shall be prepared in accordance vrith Jhe Grading Manual. _
18.06.060 Geotechnical (Soils) Reports
Deleted: Application and Grading
Plans
- Deleted: geobgiral
DelMed: appfiration for
Deleted: Water Resources Control
Boartl (SWRCB) National Pollution
Discharge Elimination System
(NPDES)
Deleted: spedried in Subartide 3.1
of
Deleted: The information required on
the application form shall be kept
current until the conclusion of the
permitted adiviges.
Deleted: Subanide 3. t of
A. Sudace and Subsudace Conditions. The city engineer shall require a geolechnical report to correlate
Sudace and subsurface conditions with the proposed grading plan. The results of the investigation shall
be presented in a report in conformance with the requirements of this Title and Jhe Grading Manual. _ _ _ _ , ~ - oeteted: subanide as of
R. Supplemental Reports/Data The city engineer shall require such supplemental reports and data, as
he deems necessary, upon his review of the site and the reports and other data submitted. Such
required data may include tests for soil fertility and agdcultural suitability to be performed at the
conclusion of rough grading by a recognized agronomic soil-testing laboratory, with written analysis
and recommendation, [o be utilized during any required re-vegetation.
C. Waiver of Geotechnical Report Reeuirements For a specific project, the city engineer may determine
that the geological and geotechnical conditions at the site are such that public safety is adequately
protected and no mitigation is required. This finding shall be based on a report presenting evaluations
of site in the immediate vicinity having similar geologic and geotechnical characteristics. The report
shall be prepared by a certified engineedng geologist or registered civil engineer, having competence
in the field of seismic hazard evaluation and mitigation. The city engineer shall provide a wdtten
commentary that addresses the report conclusions as justification for waiving the requirement of a
geotechnical report for the project. All such waivers shall be recorded with the county recorder and a
separate copy, together with the report and commentary, shall be filed with the State Geologist within
30 days of the waiver, in accordance with Public Resources Code Section 2697(a).
18.06.080 Seismicity Reports -Alquist-Pdolo Earthquake Fault Zoning Act
A seismicity report shall be required as a condition for issuance of a grading permit for all grading
applications associated with subdivisions (tracts); all grading projects that propose ~ievelopmenj with
_ - - ~ Deleted: me
-
occuoancy cateoorv II III IV structures as shown in table 1604A 5 of the California Building Code; and all ~~ ~ ~
real estate development that lies within an earthquake fault zone. Said reports shall comply with the Deleted: of critical and major
requirements of the Alquist-Pdolo Earthquake Fault Zoning Act (Public Resources Code, Section 2621, el structures as de(netl by
seq.) ands specified in Jhe Grading Manual._ _ _ _ _ - _ _ _ _ _ . _
________________ - - Deleted: me provs;ons
18.06.700 Dust Contro/and Prevention Plan - - Deleted: Subartide 3.6 (E),
"Seismicity Reports' Of
Dust control and prevention procedures shall be employed while construction activity occurs to minimize
wind borne particles. At minimum, all grading operations, land clearing, loading, stockpiling, landscaping,
vehicular track-out and haul routes shall comply with South Coast Air Quality Management District
(SCAQMD) Rule 403 (Fugitive Dust Emissions) and the~rading Manual, _ _ _ _ _
_______ - Deleted: provisions of senartic~e 3s
18.06.120 Haul Route Plan of the
Where soil or construction. materials are moved on public roadways from or to the site of a grading
operation, a haul route Ip an shall be approved by the city engineer in accordance with the ~rading_ . - - Deleted: Provisions of subanide 3s
Manual. Deviation from the designated haul route shall constitute a violation of the conditions of the of me
permit issued under this Title. Vehicular track-out shall be controlled, as directed by the city engineer, to
prevent sediment deposition outside of the project site boundaries.
18.06.140 Erosion and Sediment Control Plan
All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan
designed to limit erosion and sediment discharges of all disturbed portions of the property and to minimize
the transport of soil onto adjacent properties or into storm water conveyance systems in a_ccordance_with
the provisions of Chapter 18.15 of this Title and the Grading Manual
~ ~ ~ - - -Deleted: sneers, smrm grains, or
d
i
. ra
nage ways
16.06.160 Explrafion and Renews! ol~radino Aoolication Submittals - Deleted: Subartide fi of
- _ - _ - - " ~ ` - - - - - - - ~ - Deleted: Application and Grading
A. Applications for which no ermit is issued within 180 da s
P Y L monthsl following the date of Plans
application shall expire, and plans submitted for checking may thereafter be returned to the
applicant or may be destroyed by the city engineer without additional notice to the applicant.
B. The city engineer may extend the time for action by the applicant for a period not exceeding 180
days (6 monthsl upon written request by the applicant showing that circumstances beyond the
reasonable control of [he applicant have prevented action from being taken.
C. In order to renew action for an application after expiration, the applicant shall resubmit grading
~uhmittal package and pay the most current plan check fee. ... - - Deleted: plans
D. Plan check fees shall be fodeited for all expired permits. -
Chapter 18.09
ARTICLE 4. GRADING PERMIT REQUIREMENTS
Sections:
18.09.020 Permit Issuance -Terms and Conditions
18.09.040 Responsibility of Permittee
18.09.060 Contractor Qualifications
18.09.080 Right of Entry
16.09.100 Tentative Subdivision or Conditional Use Permit Required
18.09.120 Types of Permits
18.09.140 Protection of Adjoining Property
' 18.09.160 Protection of Utilities
18.09.180 Maintenance of Protective Devices
18.09.200 Time of Operetions
18.09.220 Debris on Public Streets
18.09.240 Disposal of Materials
18.09.260 Expiration and Renewal of Issued Permits
18.09.280 Denial of Permit
18.09.020 Permit Issuance -Terms and Conditions
A. Upon receipt and approval of the required application, tees, plans, reports, and other requirements of
this Title, the city engineer may issue a permit, subject to any terms and conditions deemed
necessary to ensure conformance with the provisions of this Title and the Grading Manual.
B. The city engineer shall have the discretion to impose or modify conditions as necessary to prevent a
possible nuisance or hazard, or to eliminate a nuisance or hazard, to persons or to public or private
property in accordance with Section 18.27.060, "Hazardous Conditions" of this Title.
C. The issuance of a permit shall constitute an authorization to do only that work which is described or
illustrated on the application for the permit, or on the plans and specifications attached to the permit
and approved by the city engineer. A separate permit shall be required for each (noncontiguous)
grading project.
18.09.040 Responsibility of Permittee
It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions placed
on the permit as outlined in the applicable sections of this Title, the Grading Manual, and as contained on
the approved grading plans and geotechnical reports_The permittee shall also be responsible for
maintaining a copy of the permit and approved plans at the work site, and implementing the applicable
requirements of the Citys Standard Grading Notes, as identified in the~rading Manual. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -Deleted: ApPendlx section of me
18.09.060 Contractor Qualifications
All persons performing work pursuant to this Title shall have all valid licenses and insurance required by
the State of California and by the City of Temecula.
18.09.080 Right o/Entry
As a prerequisite for issuance of any grading permit, the owner, contractor or authorized agent of the site
to be graded acknowledges and grants permission to the City for right of entry into the site for inspection,
emergency work or correction of grading not performed in compliance with the terms and conditions of
the permit. The owner, contmctor or authorized agent shall agree to indemnity the City for any claims or
damages, which may result from the City's entry onto the property including any corrective or emergency
action taken pursuant to such right of entry.
18.09.100 Tentative Subdivision or Conditional Use Permit Required
Under either of the fallowing circumstances, a permit shall not be issued unless and until a tentative map
or a conditional use permit has been approved by the City:
A. If the purpose of [he proposed grading or clearing is fo prepare the land for a subdivision or for some
use for which a conditional use permit is required; or
B. Notwithstanding the purpose of the proposed grading or clearing as stated in the application, if the
city engineer finds that the purpose of the proposed grading or clearing is to prepare the land for
subdivision or for some use for which a conditonal use permit is required.
78.09.120 Types of Permits
A. Mass Rough or Precise Grading. The city engineer may issue a mats rough or precise grading
permit for grading work upon completion of an application in accordance with Jhe Grading_Manual. - oefetee: subanicie a.f or
The issuance of building permits shall be determined as follows:
7. Building permits may be issued for a site graded under a precise grading permit or plan upon
completion and approval of the rough grade inspection as specified in Jhe Grading Manual_ - - oefeted: subanlde zs of
2. .Building permits shall not be issued for a site graded under a rough grading permit unless a
precise grading permit or olan has been issued.
B. Stockpiling. Upon approval by the Planning Commission, astockpile-permit may_ be issued for the_ _ . - Deleted: city coundi
stockpile of soil matedals on a lot or parcel provided fhat the soil materials shall be removed from the
site or compacted and graded thereon under a subsequently issued mates rough or precise grading
permit within six (6) months of issuance of a stockpile permit, unless modified by the tannin _
~ - Deletes: coy council
Commission in accordance with Jhe Grading Manual. -
oefetee: sunanide a.a of
C. Administrative Clearing. No person shall commence any clearing and grubbing operation without first
obtaining a grading or administrative clearing permit in accordance with Jhe Grading Manual. _ _ - _ . - Deletes: sunarticle as or
D. Borcow Sites. A grading and/or administrative clearing permit shall not be issued when, in the opinion of
the city engineer, a significant amount of borrow or waste matedal is to be removed from a grading site
for commemial purposes unless a Conditional Use Permit in accordance with Chapter 17.04, "Permits"
of the Temecula Municipal Code.has been issued for the operation of a borrow pit on the grading site.
E. Paving. No person shall constmct concrete or bituminous pavement surfacing on natural or existing
grade in excess of five-thousand (5,000) square feet for any commercial, industrial, multi-residential or
other parking lot, without a valid grading permit for such paving (this excludes Single Familv Residence).
Maintenance and repaving of existing paved sections shall beexempt from this requirement.
F. Watercourse Alteration. No person shall alter an existing watercourse, channel, or revetment by
excavating, or placing fill, rock protection or structural improvements therein without an apolicable
state agency aaaroval and a grading permit unless (i) the requirement for a grading permit is waived
by the city engineer, or (ii) the grading is performed as interim protection jn an emergency to prevent - . - - Deleted: under emergency nood
flooding, or (iii) a separate improvement plan for such alteration is ,aoproved by applicable state t~gnnng conditions
agencies and the city engineer. - - Deleted: signed by
G. Rock Blasling. No rock blasting shall be permitted until opts-blast suNey of the surrounding property
is conducted to the satisfaction of the city engineer. During rock blasting, seismic recordings shall be
taken for all blasts at locations and levels approved by the city engineer. All blasting shall conform to
the requirements of the city engineer, as specified in Jhe Grading Manual, - _. - ~ oefetea: subanlcle as of
18.09.140 Protection ofAdjoining Property
Each adjacent owner is entitled to the lateral and subjacent suppon [hat his land receives from the
adjoining land, subject to the right of the property owner of the adjoining land to make proper and usual
excavations on [he same for purposes of construction or improvement, as follows:
A. Any person causing an excavation to be made to a depth of ten feet (70') or more below the grade
and within ten feet (10') of the property.line(s) shall protect the ezcavation so that the soil of adjoining
property will not cave in or settle. The person making or causing the ezcavation to be made shall
provide written notification to the adjoining property owner(s) no less than ten (70) days before such
excavation is to be made, stating the depth for which such ezcavation is to be made and when the
excavation will begin.
B. If at any time it appears that the ezcavation is of greater depth than are the walls or foundation of an
adjoining building or other structure, and the distance from the edge of the excavation to an adjoining
building or other structure is less than the depth of the excavation, the person causing the excavation
shall notify the owner of the adjoining building or other structure no less than [en (70) days before
such excavation is to be made to protect the same from any damage, or to brace or extend the
foundations of the noted building or other structure from possible damage from the excavation.
C. Excavations shall meet all State and Federal regulations including, but not limited to, anv trench
greater than five feet (5'1 deep obtaining CAL OSHA permits.
D. No grading shall be approved which, in the opinion of the city engineer, physically prevents the use of
existing legal access [o any parcel.
18.09.760 Protection o/ Utilities.
A. During grading operations, the permittee shall be responsible for the prevention of damage to public
utilities or services and for confining grading activities to the area permitted on the approved plans. This
responsibility applies within the limits of grading or clearing and along any routes of travel of equipment.
B. Before starting any excavation work, the permittee shall be responsible to contact Underground
Service Alert of Southern California and coordinate th_e proposed excavation with a_II, interested
utility
_ _
- - ceteted: ,Inc.
,
_
companies, districts and agencies. _
18.09.180 Maintenance of Protective Devices '
The owner or anent in control of uS Ch Droperty on which a nradina activity has occurred pursuant to a - ~ Deleted: the
permit granted under the provisions of this division, ghall
maintain iq good condition
and
repair all
-~ ~ ~ ~
_
_
_
_
$Wptures olanting and other protective devices as oer the aonroved olans or-required_by_the permit
' _ Deleted: rill or excavation has been
made
-
Anv facilities dedicated forpublic use and acceptedpy apublic agency are x~ emot_
'
_ _ _ _ _ _
- - - - - - - Deleted: or any other person or
~ '
78.09.200 Time of Operations i
~~ agerrt in control of such properly
~
t
~ Deleted: retaining walls, cribbing,
A. Time of any grading, clearing and equipment operations pursuant to this Title shall be consistent with
` erainage
City Ordinance No. 94-25. Grading operations within one-quarter 1/4 mile of an occupied residence Dented: seen as erosion and
shall not be conducted between the hours of 30 m, and '30 a.m., Mgnda ihrou h Fnda ; or
-'p= - - - ~
y
g
y sediment convo7s and planting shown
"
- - -
-
- -
between the hours of ~ p.m. and :00 a.m on Saturdays._ Further, no such activity shall be ~ ~ - in the approved plans and
', speciticaGOns ormthe record
undertaken on Sunday or a~na[ionally recognized hohday,_ The city engineer may extend the hours
',: `,r drawings
_
permitted for grading or equipment operations if the city engineer determines that such operations are -''
~ '.;, Deleted: use by me
not detrimental to the health, safety or welfare of the inhabitants of nearby structures. Permitted `;
hours of operation may be shortened by the city engineer's findings of a previously unforeseen effect `; Deleted: ror such use
on the health, safety or welfare of the surrounding community. ,~ Deleted: excepted
B. Public Works projects of any federal, state or local entity or emergency work by public utilities are ~.` Deleted: six-thirty
exempt from the provisions of this Title. Residents working on their property are exempt from the "Deleted: six-thiry
prohibition of construction activities on Sundays and holidays but shall comply with the hOUfly Deleted: six-thirty
restrictions set forth for Salwday when working on Sundays and holidays. `- Deleted: seven
78.09.220 Debris on Public and Private Streets Deleted: s
This Title forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil
materials on public and private streets or any portion of the public right-of-way. The permittee shall be
responsible for the complete removal and cleanup of such materials from the street or any portion of the
public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street
and/or public right-of-way, and ii is necessary for the Cily to cause such removal to be made, the cost of
such removal work shall be the responsibility of the permittee. The City may use the grading deposit in
accordance with Section 18.24.720, "Grading and Erosion Control Securities' of this Title for [his purpose
without notice to the owner. An additional cash deposit may be required prior to resumption of grading
activities to insure the cleanup of public streets.
18.09.240 Disposal of Materials
The disposal of all waste and recycling materials .removed as part of any grading project shall be in
compliance with the City's Solid Waste Franchise Agreement, as specified within the provisions of the
Temecula Municipal Code, Title 8, Chapter 8.20, "Waste Management," and Jhe,Grading Manual._
18.09.260 Expiration and Renewal o/ /sued Permits
A. A grading permit shall be valid for a period of six (6) months from the date of issuance.
8. The time limitation for all grading permits is also subject to the following provisions:
1. Chanoe of owneshio A permit issued in accordance with these requirements shall terminate
upon a change of ownership if the work for which said grading permit was issued has not been
completed. In such instances, a new permit shall be required for the completion of the work.
a. If the time limitations of paragraph (A) of this section are not applicable, and no changes have
been made to the plans and specifications last submitted to the city engineer, no charge shall
be made (or the issuance of a new permit.
- - Deleted: Su6artide 4.4 of
b. It changes have been made to the plans and specifications last submitted to the city
engineer, fees based on the valuation of [he additional or new work, such as additional
garthwork and necessary plan checking, shall be charged Jo the permit applicant. _ _ _ _ _ _ _ _ _ _ Deletes: yardage
c. New securities and/or deposits shall be submitted by the new owner in accordance with
Section 18.24.100, "Grading, Erosion and Sediment Control Securities" of this Title.
2. Permit Extensions. The city engineer may extend the time limit on permits by one (1) or more
successive pedods of up to,180 days (6 months) upon written request by the applicant showing to_ -, .. - - Deleted: one-nundred eignry (
the satisfaction of the city engineer that circumstances beyond the control of the applicant have
prevented, delayed or extended the time required to complete the grading operations.
3. Weather-related delays. The city engineer may require that grading operations and project
designs be modified if decays occur which incur weather-related problems not considered at the
time the permit was originally issued.
C. As a condition of the extension of any time period, the city engineer may require the payment of
additional permit, plan checking, inspectidn, and/or soils review fees required [o cover the
administration of the extensions and/or increased costs to the City and to bong the project into
conformance with any fee schedule in effect at the time of extension.
18.09.280 Denial of Permit
A. Hazardous Conditions. A permit shall not be issued in any case where the city engineer determines
that the work as proposed by the applicant will:
1. Expose any property to landslide or geologic hazard;
2. Adversely interfere with existing drainage courses or patterns;
3. Cause erosion and/or flooding, which could result in the depositing of mud, silt or debris on any
other property or public or private street;
4. Create any hazard to person or property; or
5. Damage or endanger any environmentally sensitive species and habitats, rocks and/or
archaeological artifacts.
13. General Conditions. A permit shall not be issued if any of the following apply:
1. If the submihal is incomplete;
2. If the plan as submitted does not comply with the provisions of this Title;
3. If the required security is not posted;
4. If the application contains false information.
C. Other. The City engineer shall deny the issuance of a permit if any of the following apply:
1. If prohibited by a duly elected moratorium, court order, injunction, or other legal order;
2. If the applicant or owner has failed to comply with the provisions of [his Title; or
3. If the work proposed is not consistent with the City's General Plan, or any element thereof, or any
specific plan, conditional use permit, land use Title or regulation, zoning Title regulation or permit,
or approved subdivision map.
Chapter 18.12
Sections:
18.12.020
16.12.040
18.72.060
18.12.080
18.12.100
18.72.120
18.12.140
18.12.160
18.12.020 Cuts
ARTICLE 5. GRADING DESIGN STANDARDS
Cuts
Fills
Setbacks
Terraces and Terrace Drains
Subsurtace Drainage
Pad Grading
Asphalt Concrete Pavement
Disabled Access
Unless otherwise recommended b~,the Geotechnical Engineer rp the engineering geology reports, or both, . _ -
and approved by the city engineer, cuts slopes shall be no steeper than two podzontal to one_yertical (2.1 ).~-~ ;
All cuts and excavations shall conform to the provisions of this Title and Jhe Grading Manual, _' ~ ~..
Exception: In the absence of an approved geotecfinical engineering report, these provisions may be
waived by the city engineer for minor cuts not intended to support structures.
A. A cut sudace may be a[ a slope of 1 5 horizontal to 1 vertical (67 %) provided that all the folloyng are met'
1. It is not intended to support structures or sur-charges
2. II is adequately protected against erosion
3 It is no more than eight feet (8'1 in height'
4. It is approved by the City engineer
B. A cut surface in bedrock shall be permitted to be at a slope of one horizontal and one vertical f 100 / 1
18.72.040 Fills
Deletetl: in
Deleted: ing
Deleted: antl
Deleted: (z)
Deleted: (7)
Deleted: Subartide 5.1 of
Unless otherwise recommended ,the geplephnical engineer or the engineering geology reports, or _ _ - Deteted: in
both, and approved by the city engineer, fills shallbe in accordance kdth Jhe Grading Manual. _ _ _ _ _ _ _ _ - peletee: conform m me Provisions or
' Deleted: Subarticle 5.2 of
10
Exception: In the absence of an approved geotechnical engineering report, these provisions may be
waived by the city engineer for minor fills not intended to support structures.
78.12.060 Setbacks
III setbacks and other restrictions specified jn the. Grading Manua(, pursuant to the recommendation of a
civil or geotechnical engineer, and approved by the city enameer are to prevent damage to adjacent
properties from erosion or to provide access for slope and drainage structure maintenance. Retaining
walls may be used to reduce the required setbacks when approved by the city engineer.
18.12.080 Terraces and Terrace Drains
Drainage facilities and terraces shall be in accordance with the Grading_Manual unless otherwise
approved by the city engineer. - - - - -
18.12.100 Subsurface Drainage
Deletetl: The
Deleted: by Subadicle 5 of
Deleted: are minimum aM maybe
increased by the city engineer
Deleted: conform to the provisions of
Subarticle 5.7 of
A. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability and as
recommended by the geotechnicabengineer~nd/or engineering geologist. _ _ _ - _ _ - , , - - Deteted: geologist,
B. All canyons and buttress fills shall be provided with sub drains approved by the city engineer.
18.12.120 Pad Grading
Stone water runoff from lots or adjacent propedies shall not be carried over cut or fill slopes steeper than
fivehorizontal to one vertical (5.1 ),_Such_mnoff shallbe in accordance with the Grading Manual. _ _ _ _
18.12140 Asphalt Concrete Pavement
Asphalt concrete pavement for surtacing of parking lots, private streets, driveways or other similar uses
shallbe in accordance with the Grading Manual unless otherwise approved by the city engineer.
18.12.160 Disabled Access
All site development and precise grading shall be designed to provide access to all entrances and exterior
ground-floor exits and to normal paths of travel in accordance with California Disabled Access
Regulations (California Code of Regulations, Title 24, Part 2).
-- Deleted: (5)
-' Deleted: (p
Deleted: conform to the provisions of
Subarticle 5.8 of
Deleted: conform to the provisions of
Subarticle 5.9 of
Il
Chapter 18.15
ARTICLE 6. EROSION AND SEDIMENT CONTROL
Sections:
18.15.020 Construction Runoff Compliance
18.15.040 Erosion and Sediment Control Plans Required
18.15.060 Erosion and Sediment Control Systems
18.15.080 Temporary Site Vegetatioq_ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _
18.15.100 Erosion and Sediment Control Maintenance - oeleted: -wnen Required
18.15.120 Erosion and Sediment Control -Agricultural -
18.15.140 Additional NPDES Requirements
18.75.020 Construction Runoff Compliance
A. All individual Fonstmction and grading projects shall implement measures to ensure that
pollutants
_ - -- Deleted: proposed
_
_
are not discharged from the site, will be reduced to the Maximum Extent Practicable (MEP) and vrill
not cause or contribute to an exceedance of water quality objectives in the local natural watercourses.
All construction and radio activities will be in compliance with applicable ordinances, permits and -- Detetee: grading
_ _
otherjederal. state and local requirements. ~ ~ -
- Deleted: construction
B. The permittee shall adhere to the following requirements: ~ - oeletee: applicabie
1. Develop and implement an erosion and sediment control plan to manage storm water and non-
storm water discharges from the site at all times in accordance with ,thg
Grading
Manual.
_ -- oeteted: subanidesof
_
-
_ _
Projects disturbing exeosinq or stockpiling one (1) acre or more of soil are also required to have
coverage under the State General Construction Permit and generate a Storm Water Pollution
Prevention Plan (SW PPP) per the State General Construction Permit;
~2. conduct phased grading operations and minimize grading activities during the Iainy season. _
Coincide grading with drv weather periods to the extent feasible mplempnt additional "Best-
- --
Management Practices" (BMP'sl for ICI rain event~_ _ _ _ _ _ _ _ _
3. Jnstall a combination of erosion and sediment control measures to effectively prevent erosion and_ ~'
retain sediment on-site throughout the duration of all construction activities
4. Minimize exposure time of disturbed soil areas;
5. Temporarily stabilize and re-seed disturbed soil areas as rapidly as possible;
6. Permanently re-vegetate or landscape as early as feasible;
7. Stabilize all slopes
8.
9. Implement the applicable requirements of the City's Standard Erosion and Sediment Control
Notes, as identified in the,Grading Manual.
_____________________________________
Note: The above requirements are applicable to all construction sites regardless of whether the
construction site is subject tothe State General Construction Permit or other individual National Pollutant
Discharge Elimination Svstem (NPDESl permit.
78.15040 Erasion and Sediment Control Plans Required
Deleted: Minimize grading or c
' Deleted: wet season and coindde
grading with seazonal tlry weather
periods to the extent feasible
Deleted: If grading aces occur
during the wet season, i
'~~ Deleted: any
Deleted: ,which may occur, as
necessary far compliance
Deleted: Emphasizeerosion
prevention as the most important
measure far keeping sediment on site
during ponstructian;¶
A
Utilize sediment controls as a
supplement tc erosion prevention for
keeping sediment on-site during
construction;
Deleted: and
Deleted: Provide ev'~dence of
existing permit wverage of the
General Construction Permit, if
applicabie.
' Deleted: Appendix of the
A. No grading ct~ivity will be allowed on_any single grading site under permit unless the city engineer_ - _ _ Deleted: work
has approved an erosion and sediment control plan. ~ _
f2
B. All grading plans, regardless of the date of submittal, shall include an erosion and sediment control plan
designed to limit erosion of all disturbed portions of the property and to minimize the transport of soil onto
downgrade perimeters, private and public storm water_conveyance systems, environmentally sensitive_ _. - Deleted: curbs, guders, sveets,
areas and adjacent propertiesln accordance with the provisions ofthis Chapter and jhe Grading Manual _ drainage inlets,
- Deleted: and watercourses
C. All erosion and sediment control MP's outlined pn the erosion and sediment control lap n will be
T- - Deleted: SubartiGe 6 of
shown on the SW PPP, i( applicable, end implemented poor t_o October 1 ` of each year, _ _ _ _ _ _ _ _ _
' Dele[etl: 'Best Managemem
18.15.868 Erosion and Sediment Control Systems Pmcoces'
A. The permittee shall be responsible for the control of erosion and sediment discharge on and from all
disturbed areas of grading until jssuance of certificate of occupancy at which time the BMP's of the
WQMP shall be in place -
B. No grading work shall be allowed on any site when the city engineer determines that erosion, mudflow
or sediment discharge may adversely affect downstream properties, drainage courses, storm drains,
stmets, easements, or public or private facilities or improvements unless an approved erosion and
sediment control system has been implemented on the site. If the City determines [hat it is necessary
for the City to cause erosion and sediment control measures to be installed or cleanup to be done, the
permittee shall pay alt of the City's direct and indirect costs including extra inspection, supervision and
reasonable overhead charges in accordance with Section 10.24.100, "Cost Recovery Fees" of this Title.
C. All protective devices shown on the erosion and sediment control plan and jn the SWPPP, if applicable,
shall be in place within seven O) days prior to anv forecasted rain If the permittee does not install or '
maintain erosion and sediment controls, the city engineer may order City crews to do the work or may -' .
issue contracts for such work and charge the cost of this work along with reasonable overhead charges
to the cash deposits or other instmments implemented for this work without further notification to the
owner. No additional work on the project except erosion and sediment control work shall be performed
until the full amount drawn from the cash deposit, in accordance with Section 18.24.120, "Grading,
Erosion and Sediment Control Securities" of this Title is restored by the permittee.
D. "Best Management Practices' (BMP'sj shall be implemented on a continual basis during construction
activities. The following minimum criteria shall be met:
1. An effective combination of erosion and sediment controls shall be implemented within seven (7)
working days of clearing or inactivity in construction.
2. Soil stockpiles must be stabilized with a combination of erosion and sediment controls and have a
daily maintenance frequency or as directed by the city engineer.
3. Waterway and watercourse protection shall include, but not be limited to, stabilization of the
channel before, during and afterjn-channel work. , --
the site.
E. ,Q,ql and fill slopes shall beprotected to control. against erosion and, sediment discharge. _ _ _~
F. Permiltee shall implement BMP's year round, _AddRlonal site specific. BMP's shall also be _ _
implemented, as necessary, to comply with this Title w_h_ich may be more s_ t_d_ngent than those '
required under the General Construction Permit. ~ - - --
G. Permiltee shall implement additonal controls for consWCtion sites tributary to Clean Water Act
(CWA) section 303(d) water bodies impaired for sediment. Each Permiltee shall implement additional
controls for construction sites within, adjacent, pr_discharging_ directly to receiving waters within
environmentally sensitive areas. - - - - - - _ _ -'r-
H. Pertnitlee shall conduct construction site inspection for compliance with this Ttle and all applicable permits.
18.15.888 Temporary Site Vegetation
Temporary site vegetation shall be required, as determined by the city engineer on anv disturbed soil_,'
areas of the site for orotonaed periodapF grading mactivitypr expiration of a grading permit in accordance , ~ '
l3
Deleted: in the Storm Water
Pollution Prevention Plan
Deleted: will be shown on the
erosion and sediment control plan
Deleted: acceptance of the
completed grading by the City
Engineer. This responsibility extentls
Io completetl and occupied bts.
Necessary materials shall be
available onsite and stockpiled at
convenient locations to facilitate rapitl
construction of temporary devices,
with equipment and workers for '
emergency work available ai all times
during [he rainy season.
Deleted: removable
Deleted: outlined
Deleted: at the end of each working
day tluring the rainy season
Deleted: any
with Section 18.09.260, "Expiration and Renewal of Issued Permits" of this Title. Temporary veaetation_ _
shall not negate any City requirement or condition of approval to install permanent landscaping, _ - _
18.15.100 Erasion and Sediment Control Maintenance
A. Prior to and after each
B. Prior to and after each rainstorm, the erosion and sediment con[rol.system shall be evaluated and
revised and repaired as necessary.
C. The permittee shall be responsible for and shall take necessary precautions to prevent public
trespass onto areas where impounded water, due to erosion and sediment control devices, creates a
hazardous condition. Siqnage indicating "ponded water- do not enter" shall be posted
D. The Aermittee shall be responsible For continual maintenance of the devices during ~Il constmction
acttvrtles, - ----- --
E. In the event the city engineer must cause emergency work to be done, he or she may revoke the
grading permit. The permit shall not be renewed until an approved erosion and sediment control
system has been installed and the owner has paid any applicable fees.
F. If any grading or clearing subject to Section 18:03.020 "Permits Required" of this Title has
commenced on private property without a valid grading permit, the property owner will be required to
stop work prepare and_implement_an erosio_n_ and sediment control plan which has been approved by.
the City and obtain a valid aradino oermit~
18.15.120 Erosion and Sediment Control -Agricultural
A. Resource Conservation Plans. For all lands used for agricultural purposes within the City of
Temecula, the property owner shall cause to be prepared a resource conservation plan, utilizing the
best management practices far the prevention of erosion and sedimentation. The resource
conservation plan shall be prepared by the USDA Soil Conservation Services or a registered
agricultural engineer consultant.
B. I~lementation of Resource Conservation Plans. The resource conservation plans to be prepared
for best management practices implementation is to be prioritized based upon the soil conservation
service "soil erosion hazard map" with those areas of high erosion hazard receiving top priority.
Resource conservation plans for agricultural areas shall be submitted for review and filing by the City
after acceptance by the Regional Water Quality Control Soard
C. Annual Report. The property owner of agricultural land shall be responsible for the preparation and
submittal to the city engineer an annual report setting forth their progress in the preparation of
resource conservation plans and best management practices implementation. Progress reports may
be required more frequently it deemed necessary by the city engineer. -
18.15.140 f7dditional NPDES Requirements .':~
A. General Requirements. fll grading activities subject to the regulations of this Title shall be .`
designed and conducted to minimize runoff of all pollutants onto public or onvate propertleg_and
into waters of the United States as required by this section and City Municipal Code, Title 8, `~
Chapter 8.28, Storcn Water/Urban Runoff Management and Discharge Contro
B. Resoonsibilitv. II shall be the permittee's responsibility to obtain coverage under the SWRCB '
General Construction Permit submit,~Notice of Intent ~NOI) and appropriate fee to the SWRCB,_
complete all site-specific Storm Water Pollution Prevention Plans (SW PPP), monitoring and ~~
reporting program plans, reports, certifications, and other information required by the permit and '.
or requested by the Regional Water Quality Control Board (RWOCB), United _States
Environmental Protection Agency (USEPA), or the city engineer. The permittee shall update alb
plans as constmction activities are modified from their original schedule and/or progress as
14
'. Deleted: In this instance, cut and fill
slopes reguiring erosion wntrol shall
be vegetated in accordance with
Subadicle 6 0l the Grading Manual.
Erosion contrd vegetation is
considered temporary, and
Deleted: Clearing of existing
vegetation shall nor occur until all
BMP's have been installed.
Deleted: silt and debris shall be
removed from check dams, tlesitting
basins, curbs, gutters, streets, brow
ditches, tercace drains, silt fences and
other private and public storm water
conveyance systems shall be
dewatered to prevent overtilling
between storm events.
- Deleted: premittee
Deleted: the
Deleted: In [he event of failure w
retusal by the permittee to properly
maintain the devices, the City
Engineer may cause emergency
maintenance work to be done to
protect adjacent private and public
properly. The cost shall be chargetl
to the owner and shall include
mobilization costs plus the vests of
doing the work in accordance with
Section 18.24.100, "Cost Recovery
Fees' of this Ordinance.
Deletetl: and
Deleted: In the event of failure by
the propedy owner to install an
approved erosion and sediment
control system, the Ciry Engineer may
cause work to be done to protect
adjacent private and public property.
The cast shall be charged to the
owner in accordance with subsection
(E) of this section.
Deleted: National Pollution
' Discharge Elrminarion System
Deletetl: The permittee shall abide
' by all of the provisions set fodh in the
State Water Resources Control Board
(SWRCB) NPDES General Permit for
construction activity, if applicable. A
Waste Discharge IdenkficaGOn
Number (W DID) issuetl by the
SWRCB shall be provided to the City
prior to any grading.
Deleted: sediment antl
Deleted: Other
Deleted: ,other private properties
Deleted: , in a¢ortlance with
SubartiGe 6 of the Grading Manual
Deleted: the NPDES application
package,
Deleted: the
Deletetl: SWRCB,
originally planned. The permittee shall also maintain all erosion and sediment control measures
at the site throughout the duration of the project as required by the permit. All of the information
noted above shall be maintained on-site during construction and shall be presented upon demand
by the SWflCB and/or City of Temecula inspectors. NPDES requirements will remain in effect
until Notice of Termination (NOT) requirements are fulfilled.
Chapter 18.18
ARTICLE 7. GRADING INSPECTION
Sections:
18.18.020
18.18.040
18.18.060
18.18.080
18.18.100
18.18.120
18.18.020. Ina
Inspections Required
Grading Requirements
Transfer of Responsibility
Notification of Noncompliance
Special inspections
Stopping and Correction of Work
;pections Required
All grading operations for which a permit is issued pursuant to the provisions of this Title shall be subject
to inspection by the city engineer or his or her repmseniative.
18.18.040 Grading Requirements
A. Civil Engineer. It shall be the responsibility of the civil engineer who prepared the grading plans to -
incorporate the applicable recommendations from the geotechnical engineering and geology reports
and to incorporate any city engineer approved alternatives into the grading plan.
1. The civil engineer shall be responsible for establishing line and grade for the grading and
drainage improvements and shall act as the coordinating agent in the event the need arises for
liaison between the other professionals, the contractor and the city engineer.
2. The civil engineer shall be responsible for the preparation of plan revisions to be aooroved by the_
city engineer prior to imolementing the change in the field
3. Prior to issuance of building permits for any given lot or lots, the civil engineer shall
has been completed within standard tolerances in accordance with [he approved plans and that all
embankments and cut slopes and pad sizes are as shown on the approved plans.
- Deleted: ,and upon completion of
the work, the submission of as-
gradeddrawings incoporating all
changes and/or additions made
during construction.
' Deletetl: submitawritten statement
as evidence that rough grading for
land development
B. Geotechnical Engineer The geotechnical engineer's area of responsibility shall include, but not be
limited to, pedorming the preliminary geotechnical engineering investigation and deport, determining _ _
the suitability of soils during grading, providing compaction inspection and testing
and preparing the .. petered: preparing me preliminary
geotechnical en
ineerin
,
final geotechnical engineedng report. g
g
C. Engineering Geologist The engineering geologist's area of responsibility shall include, but not imited
~
- - - Deleted: be
_ _ _ _ _ _
to, professional inspection and approval of the stability of cut slopes with respect to geological
matters, and the need for sub-drains or other groundwater drainage devices. He shall report his
findings to the geotechnical engineer for engineering analysis.
D. Landscape Architect The landscape architect shall incorporate applicable recommendations from
the geotechnical engineering reports into the landscape and irrigation plans. The landscape architect
shall also prepare plan revisiong to be aooroved by_the city engineer prior to implementing the
-
- - - Deleted: , as requtred
chanoe in the field
-
~. .
_._-___.. -__.- _-.. ..__._ ___-. _. Deleted:.
t. All ground cover shall provide one-hundred percent (100%) coverage within nine (9)~months of 'Deleted: and snail submit as-graded
planting, or additional landscaping shall be required in order to meet this standard. drawings incorporating all cnanges
antl/or additions made during
construction.
IS
18.18.060 Transler of Responsibility
If the civil engineet of_recgrd,_ ]he_ geotechnical_ engineer,_the engineering geologist,, or the, grading_ _ _ - Deleted: ,engineer
contractor of record is changed during the course of the work, the project shall be stopped until:
Q._ The permittee submits a letter of notification vedtying the change of the responsible professional; and _ - _ - Deleted: t
.@._ The new responsible professional submits in writing_that he has reviewed all prior repons_and/or_ -_ - - Deleted: z
plans (specified by date and title) and work performed by the responsible professional party, and that
he concurs with the findings, conclusions and recommendations, and is satisfied with the work
pedormed. He or she must state that they assume all responsibility within his or her purview as of a
specified date. All exceptions shall be justified to the satisfaction of the city engineer.
Exception: Where clearly indicated [hat the firm, not the individual engineer and/or geologist, is the
contracting party, the designated engineer or geologist may be reassigned and another engineer and/or
geologist within [he firm may assume responsibility.
78.18.080 NoliBCation of Noncompliance
If, in the course of fulfilling their responsibility under this division, the engineer of record, the geotechnical
engineer, the engineering geologist, or the testing agency finds that the work is not being performed in
accordance with approved plans, specifications, or this Title, the discrepancies shall be reported
immediately in writing to the grading contractor, the permittee and the city engineer. Recommendations
for corrective measures shall be submitted for approval to the city engineer.
18.18.100 Speciallnspections
The city engineer may establish special inspection requirements in accordance with Chaoter 17 Section
t7Q4, "Special Inspections", of the California Building Code, amended, for special cases involving grading_ _ . - Deleted: t
or paving related operations. Special cases may apply to work where, in the opinion of the city engineer,
it is necessary to supplement the resources or expertise available for inspection.
18.18.120 Stopping and Correction o/Work
A. The provisions of Appendix Chaoter t Administration Section 114, "Stop Orders', of the Califomia_ _ _ - Deleted: ma.2.a
Building Code shall apply to all grading work. Whenever the city engineer or his or her representative
determines that any work does not comply with the terms and conditions of [he permit, or that that the
work is being done improperly or in a hazardous manner, he or she may order the work stopped by
notice in writing served on any persons engaged in doing or causing such work to be done, and any such
persons shall stop conducting such work until authorized by the city engineer to proceed with the work.
B. Whenever any work on which inspections are required is covered or concealed by additional work
without first having been inspected, the city engineer may require that such work be exposed for
examination. Such work may be subject to additional inspection fees in accordance with Section
78.24.040(D), "Grading Permit and Inspection Fee' of this Title.
C. If the city inspector finds the soil or other wnditions not as stated in the approved plans and
geotechnical repons or in additional information which was required for issuance of the grading permit,
he may issue a stop work order until a revised grading plan has been approved by the city engineer.
D. If, during the course of any clearing, grabbing or grading operations, discovery is made of items of
archaeological or paleontological interest, the permittee shall immediately cease operation in the area
of discovery and notify the city inspector. Discovedes that may be encountered include, but are not
limited to, dwelling sites, stone implements or other artifacts, animal bones, and fossils. The permittee
shall obtain the services of a qualified archeologist or paleontologist to investigate the site and assess
the significance of the find. Under no circumstances shall anyone remove or disturb any artifacts or
remains. Work shall be resumed in the area of discovery at the direction of the city engineer.
E. Work may resume and the stop order shall be rescinded upon the city engineers determination that
conditions have changed, corrections have been made, or the causes or aclions which required a
stop order have been remedied or alleviated to his or her satisfaction.
l6
Chapter 78.21
ARTICLE 8. COMPLETION OF WORK
Sections:
18.27.020 Final Reports
16.21.040 Notification of Completion
18.21.020 Final Reports
Upon final completion of the rough grading work. the. city engineer may require the Wfitten appmvalS, _
_ _ - Deleted: work and at final
reports, plans and supplements specified in Jhe Grading Manual _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ comP~e[ion or the work,me
18
21
040
Notification
f Com
l
ti Deleted: Subarticle a of
.
.
,
o
p
e
on
The permittee or his agent shall notify the city engineer when the grading operation is ready for final
inspection. Final approval shall not be given until all work, including installation of all drainage facilities
and their protective devices, and all erosion and sediment control measures, including landscaping and
its irrigation system, have been completed in accordance with the approved grading plan, and the
required reports have been submitted. Where landscape planting for erosion and sediment control has
been installed, final clearance ji.e. release of security depositsl shall not be granted until the planting aS
_ . - - Deleted: s
_
been established. The establishment of such erosion and sediment control plantings shall be certified by --
a licensed Landscape Architect and approved by the city engineer. Deteted: nave become
Chapter 18.24
ARTICLE 9. GRADING FEES AND SECURITIES
Sections:
18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee
16.24.040 Grading Permit and Inspection Fee
78.24.060 Review of Geotechnical Reports Fee
18.24.080 Refunds
78.24.100 Cost Recovery Fees
18.24.120 Grading, Erosion and Sediment Control Securities
18.24.020 Grading, Erosion and Sediment Control Plan Checking Fee
Before accepting an application and a set of plans and specifications for review, the city engineer shall
collect all planchecking fees. Separate permits and fees shall apply to retaining walls or major drainage
structures. All applicants submitting plans as required by this Title shall pay all plan check fees and/or
deposits as required by this Title and by City Council resolution establishing applicable tees and deposits.
18.24.040 Grading Permit and Inspection Fee
A. All applicants requesting a mates rough, precise, stockpile pr administrative cleadng permit as_ - - Deleted: or
required by this Title shall pay all fees and/or deposits as required by this Title and by City Council _, - ~ Deletes: ~rad~e9 permit,
resolution establishing applicable fees and deposits.
Deleted: permit,
B. The fee for a grading permit authorizing additional work pnder a valid permit shatl_be the difference_ _ _
between the fee paid for the original permit and the fee shown for the entire project as indicated in the - Deleted: m mac
City's fee schedule.
C. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover
both an excavation and a fill on the same site.
D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of [his
Title, except where it can be proven to the satisfaction of the city engineer that an emergency existed
that made it impractical to first obtain the permit. A violation shall result in an assessment of. double
permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any
person from fully complying with the requirements of this Title.
17
18.24.060 Review of Geotechnical Reports Fee
Before accepting a geotechnical (soils) report for review, the city engineer shall collect a report review
fee. A separate fee will be charged for each individual report Submitted for_ review, The amount shall be _ - - Deleted: tee
as set forth by City Council resolution. - - - -
18.24.080 Refunds
After submittal and commencement of processing by the City, no fee collected pursuant to this division,
shall be refunded in whole or in part, except as provided as Follows: '
A. Inspection fees may be refunded, less any City expenses incurred, including ~ reasonable overhead_ _ . - - Deleted: an
charge at any time prior to the start of the work authorized by the permit, upon the applicant's wr_itie_n - belated: of twenty percem (zo^rl
request, provided the grading application has expired or has been withdrawn. -
B. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if
corrective work remains to be done on the grading work itself.
C. No refund shall be made pursuant to this section if a request for refund is submitted to the City more
than one (1) year from the date of payment of the fee as to which a refund is claimed.
18.24,100 Cost Recovery Fees
If the city engineer performs emergency work relating to grading and erosion and sediment control on
private property, he shall charge the property owner all direct and indirect costs that are necessary to
complete the work to his satisfaction. Any costs assessed against the property owner under this section
may be appealed to the City Council in accordance with Section 18.27.100, "Appeals" of this Title.
18.24.120 Grading, Erosion and Sediment Control Securities
A. Security required. A grading permit shall not be issuetl unless the permittee first posts a security with
the City comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate
surety bond issued by a surety authorized to do business in the State of California,.~s specified in Jhe_ _ _ - - Deleted: in an amours
Grading Manual. The security amount is required to assure that the work, ii not completed in -- -- Deleted: subarticiesot
accordance with the approved plans and specifications, will be corrected to eliminate any deficiency
or hazard created by the work or its lack of maintenance, as follows:
1. A cash deposit, in accordance with the Grading Manual, may be required by the city engineer to._ _
ensure the elimination of hazardous conditions, ~he_emergency_maintenance of_erosion and
_ ___..
sediment control systemsandJo ensure the, removal of stockpiles.
2. On developments where progressive individual grading projects or several concurrent projects .`°
are being constructed by one owner, a continuing (blanket) bond or other approved security that
covers all such projects may be accepted in an amount determined by the city engineer.
B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with
all of the conditions and terms of the permit, the city engineer may order work required by [he permit
to be completed or put in a safe condition to his satisfaction. The surety executing such bond,
deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing
obligatlon for the payment of all necessary costs and expenses that may be incurred or expended in
causing any and all such required work to be done.
C. Default in Pedormance Conditions. Whenever the city engineer finds or determines that a default has
occurred in the performance of any requirement of a condition of a permit issued under the provisions
of this Title, written notice thereof shall be given to the principal and to the surety named on the bond.
Such notice shall specify the work to be done, the estimated cos[ thereof and the period of time
deemed by the city engineer tD be reasonably necessary for the completion of such work. After
receipt of such notice, the surety shall, within [he time specified, cause or require the work to be
performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice.
The surety shall pay the City for actual costs in accordance vrith Section 1824.700, "Cost Recovery
Fees" of this Title.
_ Deleted: Subarticle 9 of
- Deleted: and
' Deleted: 2... A cash deposit, in
accordance with Subarticle 9 of the
Grading Manual, maybe required by
the city engineer
Deleted: for stockpiles
Deletetl: it
Deleted: in accordance with Section
t8.09.12m(C),'Types of Permits" of
this Title
18
Chapter 18.27
Sections:
18.27.020
16.27.040
18.27.060
18.27.080
18.27.100
18.27.020 Pr
ARTICLE 10. ORGANIZATION AND ENFORCEMENT
Powers and Duties of the City Engineer
Violations and Penalties
Hazardous Conditions
Public Nuisance
Appeals
ewers and Duties of the City Engineer
The provisions of Annendix Chapter 1 Administration Section 104, Duties and Powers of Building Official, of, _ _ - Detetea: section zoz
the California Building Code shall apply to the city engineer and his or her represen[afive for all gmding
constmction and earthwork to be done as required by any conditions of a permit issued pursuant to this The.
18.27.040 Violations and Penalties
A. It shall be unlawful for any person, firm or corporation to do gmding work in the City of Temecula, or cause
the same to be done, contrary to or in violation of any of the provisions of tlris Title or State or Federal Law.
B. The issuance of a building permit, performance of building permit inspections, or issuance of a
certificate of occupancy may be withheld on property on which a violation of the provisions of this Title
exist, including work nol performed in accordance with the approved plans, until such violation(s) has
been corrected to the satisfaction of the city engineer.
C. Any person, firm, or corporation violating. any of the provisions of this Title shall be deemed guilty of a
misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for
each and every day or portion thereof during which any violations of any provisions of this Title are
permitted, continued or committed by such person, firm or corporation and shall be punishable as
provided for in Chapter 1.20, "General Penalty" of the Temecula Municipal Code.
18.27.060 Hazardous Conditions
A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or
drainage devices are situated on private property in such a manner that they are a hazard to life or
limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property,
structures or public facilities.
B. The city engineer or their designee (including City Code Enfomement) may examine, or cause to be
examined, every condition reported as hazardous as set forth in subsection (A) of this section.
C. Upon confirmation of a hazardous condition, the city engineer or their designee (including City Code
Enforcement) shall provide written notification to the permittee, owner or agent in control of property
with confirmed hazardous condition, requiring mitigation of said hazardous condition anti stipulation of
an acceptable time frame for compliance.
D. The permittee, owner or agent in control of the property shall comply with any demand for corrective
work or repairs as required. In the event that corrective action is not completed within the period
specified in writing, the City may exercise any available recourse for correction of said hazardous
condition in accordance with Title 8, Chapter 8.12, of this Code.
18.27.080 Public Nuisance
For purposes of this Title, the following shall constitute a public nuisance:
A. Any grading or other work conducted without a permit where it is required by this Title.
B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit
issued pursuant to this Title.
C. Any grading or other work, which fails to be done as required by any conditions of a permit, issued
pursuant to this Title.
19
D. The existence of a hazardous condition as defined in Section 18.27.060, of this Title upon the
determination by the city engineer that such condition exists.
18.27.100 Appeals
A. The applicant, permittee, or any person(s) not satisfied with the decision by the city engineer in
regards to.issuance of a grading permit or the performance of the permitted work, may file a written
appeal to the City Clerk for a hearing before the City Council.
B. Any such appeal must be made within three (3) calendar days following the decision.
C. The City Council will set a hearing to consider the appeal at the earliest possible regularly scheduled
City Council meeting.
D. The City Council, after receiving and considering all testimony and pertinent documents, may:
1. Uphold the city engineer's decision; or
2. Approve the appeal; or
3. Modify the city engineer's decision, consistent with the requirements of this Title.
Chapter 78.33
ARTICLE 11. DEFINITIONS OF TERMS
Whenever, in this Title and the Grading Manual, or in any resolution or standard adopted by City
Council pursuant to this Title, the following terms are used, they shall have the meaning ascribed to them
in this section, unless it is apparent that some other meaning is intended:
"Administrative Clearing Permit" means a permit that authorizes the clearing, brushing, or grubbing of
a portion of land beyond that scope ezemp[ed from the permit process by this Title.
"AS-Graded" means the site configuration upon completion of~grading. This includes all horizontal and
vertical dimensions and relationships and all physical features installed, reconstructed, eliminated, or
altered by the grading operations as shown on the record drawings prepared by the Engineer of Work.
"Accessible Route of Travel" means the continuous unobstructed path connecting all accessible
elements and spaces in an accessible building or facility that can be negotiated by a person with a severe
disability using a wheelchair and that is also safe for and usable by persons with other disabilities, and
that also is consistent with the definition of "Path of Travel" in this section. Interior accessible routes may
"Accessibility" means the combination of various elements in a building or area, which allows access,
circulation, and the full use of the building and facilities by handicapped persons.
"Applicant" means any person, corporation, partnership association of any type, public agency or any
other legal entity who submits an application for a grading permit pursuant to this Title.
"Approval" means that the proposed work or completed work conforms to the requirements of this Title,
in the opinion of the city engineer.
"ASTM Standards" means the American Society for Testing Materials, which develops standardized test
methods, specifications, practices, guides, classifications and terminology in such subject areas as
metals, paints, construction, consumer products and many others.
"Base" means a layer of specified material of planned thickness placed immediately below the pavement
or surfacing,
20
"Bedrock" means in-place solid rock.
"Bench" means a relatively level step excavated into soil materials on which fill is to be placed.
"BMP'
'
S
means the management practices, operating procedures, and devices implemented io prevent
_
~ - - Deletes: eest Management
_ _
or reduce the discharge of pollutants directly or indirectly to public or prjvate
~torm water conveyance practices
_
SySfems. "
Deleted: drainage
"BOrrOW° means soil material acquired from an off-site location for use in grading on a site.
"Buttress Fill" means an engineered fill designed to stabilize an adverse geologic condition (landslide,
adverse bedding, etc.).
"Certify" or "Certification" means a signed written statement that the specific inspections and/or tests
required to be performed on real property have been performed and that the works comply with the
applicable requirements of this Chapter, the plans, and the permit.
"Cit
E
i
"
ng
neer
y
means the pity engineer of the City of Temecula or his or her duly
delegated
-.
--- --- -- ---- ----- - - Deleted: Director of Fnbric
.
_ -
-
representative.
worksrct En weer
r s
"Civil Engineer" means a professional engineer registered in the State of California to practice in the
field of civil engineering.
"Clearing BrushinD and Grubbing" means the removal or disturbance of vegetation (grass, brush,
trees, and similar plant types), weed abatement, manmade structures, environmentally sensitive species
and habitats, rocks, archaeological artifacts and sites, or other environmentally sensitive features by any
means for purposes of development or compliance with laws, rules or regulations. For purposes of this
chapter, references to "clearing" means clearing, bmsMng and grubbing individually and separately.
"Compaction" means the densification of a fill by mechanical or other acceptable means.
"Construction Site" means any project requiring a local grading or building permit, including projects
requiring coverage under the General Construction Permit.
"Contour Grading" means grading that creates or results in land surfaces that reflect the pre-graded
natural terrain or that simulates natural terrain (i.e. rounded, non-planer surfaces and rounded, non-
angularintersections between surfaces).
"Crib Wall" means a crib type wall as described in the most recent publication of "Standard Plans"
,
Department of Transporlafion, State of California.
"Cross-Lot Orainaae" means any drainage course created through grading or excavation that crosses
onto another lot either within or outside the subdivision or construction site.
;'Curb Ramp"_means_a slgping,pedestrian_way, intended for pedestrian traffic, which provides acc
es
s
_ -~ Deleted: °curt cut^means me
_
_
_ -
between a walk or sidewalk to a surface located above or below an adjacent curb face. ~~ interruption of a wrn at a pedestrian
. way, which separates surfaces trial
"Cut" See deflnitlon for "EXCavatlon:' are substantially at the same
elevation.q
"Drv Season" means Ma
t ~' thru S
t
b
30'"
f
h 9
y
ep
em
er
o
eac
year.
"Enoineer of Record" means the professional engineer holding a current registration in the State of
California who supervised the design and signed the grading plan accepted by the city engineer.
"
"
Erosion
means theyveadnD away of the around surface as a result of the movement of wing water or ice_ _ - _ _ - - Deleted: process oy which me
"E
i
C
" ground surface is warn away
ros
on
ontrol
means anvthino that keeps soil in place ~
Deleted: or
"Erosion and Sediment Control Plan" is a plan prepared under the direction of and signed by a Civil
Engineer competent in the preparation of such plans and knowledgeable about current erosion and
sediment control methods. Said plan shall be submitted [o the Ciiv and shall provide for protection of
21 -
exposed soils and desiltation of runoff at frequent intervals prior to discharping from a site or to a storm_ _
water conveyance system (natural watercourses streets flow-lines inlets outlets etc 1.
"Erosion and Sediment Control System" means Fombination_of erosion and sediment controls_
(including effective planting and the maintenance thereof) to protect the project site, adjacent private
property, watercourses, public facilities, graded improvements, existing natural features, archaeological
artifacts, and to relieve waters of suspended sediments or debris prior to discharge from the site.
"Excavation" or "Cut" means an act by which soil, sand, gravel, or rock is cut into, dug, quarried,
uncovered, removed, or relocated, and shall include the conditions resulting there from.
"Expansive Soils" is any soil with an expansion index greater than twenty (20), as determined by the
Expansive Index Tests of the California Building Code.
"Fault" means a fracture in [he earth's crust along which movement has occurred. A fault, as defined by
the Califomia Division of Mines and Geology; is considered active if the movement has oxurred within
the last eleven thousand years (Holocene geologic time).
"Fill" means a deposit of soil, sand, gravel, rock, or other matedal placed by artificial means.
"Flow-line" means v-ditches brow-ditches terrace drains dbbon nutters curb putters etc
"Fugitive Dust" means the particulate matter entrained in the ambient air as a result of man-made
fugitive dust sources as determined by South Coast Air Quality Management District Rule 403.
"General Construction Permit" means the permit issued by the SWRCB to regulate discharges from
constuction activity.
"Geohvdrologv" means all groundwater information, water-well usage rate requirement, seepage
elevations, pollution evaluations, projected usage rate considerations, evaluations of impact on existing
and future users, and long term projections appropriate to site development.
"Geologic Hazard" means any geologic feature capable of producing structural damage or physical
injury. Geologic hazards include:
A. Landslides and potential slope instabilities resulting from bedding faults, weak clay stone beds, and
over steepened slopes.
B. Deposits potentially subject to liquefaction, seismically induced settlement, severe ground shaking,
sudace rupture, debris flows, pr rock falls resulting from fault activity.
C. Deposits subject to seepage conditions orhigh-ground water table.
"Geotechnical Engineering Report" means a geotechnical report prepared under the responsible supervision
of a geotechnical engineer and approved by the city engineer or his representative, which includes:
A. Preliminary information concerning engineering properties of soil and rock on a site prior to grading,
present, historical, and future groundwater levels, analysis for both gross and surficial slope stability,
till settlement, liquefaction potential, alluvium deposits, describing locations of these materials and
providing recommendations for preparation of the site for its intended use.
B. A grading report which includes information on site preparation, compaction of tills placed, providing
recommendations for structural design and approving the site for its intended use.
"Grade" means the vertical elevation of the ground surface.
Deletetl: along fbwage areas, at
entrances to storm drains, at
entrances to streets and tlriveways,
and at the exit of the area being
Deleted: any
Deleted: desilting tadGties, retarding
basins, flow tlecelerators, and/or
erasion protection
A. "Existing grade" means theprade prior to grading. , - Deleted: ground sudace poor to any
________________________________- grading activity
B. "Finish grede" means the final grade of the site, which conforms precisely to the City-approved Deleted: approved
plans, approved construction changes or~ecord,dmwings._ _ _ _ _ _ _ _ _ _ _
C. "Natural grade (or natural ground)" means the ground sudace unaltered by artificial means.
D. "Rough grade" means the stage at which the work is in to precise conformance with the approved
plan and when all excavations for drainage structures and retaining walls are complete.
22
"Grading," means any process of excavation or filling or combination thereof
"Greenbook Standards." means the most recent publication of the Standard Specifications for Public
Works Cons[mction, which provides specifications that, have general applicability to public works projects.
"Hillside Site," means a site where the existing grade is 20 percent (%) or greater and which may be
adversely affected by drainage and/or stability conditions within or from outside the site, or which may
cause an adverse affect on adjacent property.
"
"
Kev
means a,pompacted fill placed in a trench excavated in earth material beneath the toe of a$lope, _ _ - . - - oefeted: designed
"Kevwav" means an excavated trench into competent earth material beneath the toe of the
ro
osed fill slo
e ~~' Deleted: proposed fill
p
p
p
.
"Landslide" means a perceptible down slope movement of rock, soil, or artificial till ranging in speed
from moderately slow (slump) to very rapid (avalanche).
"Maximum Extent Practicable (MEPI" means the ~tandard_established by Congress in the Clean -- Deleted: technology based
_
Waters Act that operators of MS4 permits must meet. To achieve the MEP standard, hest fvtanaoement
Practices must be implemented that are technically feasible (i.e. are likely to be effective) in combination - - Deleted: section aoz(p)(3)(D)liii)
~
with treatment methods Serving as a backup. Deleted: municipalities must employ
whatever Best Management Practices
"Mined Lands" includes the surface, subsudace, and groundwaters of an area in which surface mining
operations will be, are being, or have been conducted. This includes private ways and roads appurtenant
to any such area, land excavations, mining waste, and areas in which structures, facilities, equipment,
machines, tools, or other related materials or property are located.
"Municipal Separate Storm Sewer Svstem/MS4 (Permit)" means the certification/regulation
requirements that [he City must meet to allow storm water discharges into the Waters of [he State.
"Natural Terrain' means the lay of the land prior to any grading or other artificial landform modification.
"National Pollutant Discharge Elimination Svstem (NPDESI" means the permitting and program
requirements established by the Federal Clean Water Act and administered by the Environmental
Protection Agency to regulate the discharge of pollutants to waters of the United States.
"Owner" means a person who owns a site upon which is located grading, clearing, mining, quarrying,
and/or commercial extraction operations that are being conducted or may be conducted. '
"Path of Tmvel" means a passage that may consist of walks and sidewalks, curb ramps and pedestrian
ramps, lobbies and corridors, elevators, other improved areas, or a necessary combination thereof, that
provides free and unobstructed access to and egress from a particular area or location far pedestrians
and/or wheelchair users. A 'bath of travel" includes a rnntinunus unnhciructod way „f norloordoo
"Permit" means the authodzation issued pursuant to this Title, together with the application for the same,
the conditions upon which it was issuetl, and any plans, specifications, reports, and approved
modifications thereto.
"Permittee" means any person, property owner, contractor or authorized agent to whom a permit is
issued pursuant to this Title.
"Person" means any individual, firm, association, corporation, organization, or partnership or any city,
county, district, the State or any department or agency thereof. (14 Cal. Code of Regulations, Sec. 3501)
"Pollutant" means any agent that may cause or contribute to the degradation of water quality. The term
may include, but is not limited to, dredged spoil, rock, sand, silt, solid and liquid waste, oil, fuels,
construction related materials, debris and other contaminates.
23
"Precise Conformance", for purposes of this Title, means:
A. Pad elevations within plus or minus four-tenths (0.4) of a foot Hof planned elevation or approved
construction change: ,
B. Street subgrade within plus or minus four hundredths 0.04 of a foot l~of planned elevation or
approved construction change;
C. Slope grades within plus or minus 1/2 foot 0{ 5,1 of pian_n_ed_elevation or approved construction _ - -- Deleted: one
change;
D. Rock slopes (rip-rap armoring) and horizontal locations within two feet f~of planned elevation and
location or approved constmction change;
E. Drainage gradient to within two-tenths (0.21 of one percent (7 % 1 of planned slope or approved
construction change; and
F. Structures within the tolerances specified in the latest adopted version of the "Standard
Specifications for Public Works Constmction" (Green Book).
"Precise Grading Permit" means a permit that is issued on the basis of approved plans that show the
precise locatons of structures, finished elevations, drainage details and all on-site improvements on a
given property.
"Priority Development Protects" means new development and redevelopment projects, as indicated in
the Gity's MS4 permit requirements.
"Duarrving"' means the process of removing or extracting stone, rock, or similar materials from an open
excavation for financial gain.
"
"
'"
Rainy Season
means,October_7 ~ hru April 30
of the nett calendar yeac_ _ _ _ _ _ _ _ _ _ _ _ _ _ - Detetea: me period beginning
"Record Drawings" means plans prepared by the engineer of work subsequent to the completion of all peteted: and ending
work on the approved plans and approved changes thereon depicting the as-graded condition.
"
Regional Water Quality Control Board" (RWDCBI means the State's Regional Reoulatorv Agency-_ -- -- Deleted: Regional water puaiiry
responsible for Omtectinq waters of the State. Control Board for the San Diego
Region, which includes the City of
"Retaining Wall" means a wall designed to resist the lateral displacement of soil or other materials Temecula
.
"Rough Grading Permit" means a permit that is issued on the basis of approved plans that show
finished elevations, interim building pad elevations and drainage.
"Sediment Control" means anything that captures soil particles after being displaced
"Site" means the real propedy on which activities subject to this Title may occur.
"Slone" means an inclined ground surface of fill, excavation or natural terrain, the inclination of which is
expressed as a ratio of horizontal distance to vertical distance.
"SI_ope Revegetation" means the planting of graded slopes with native and/or naturalizing plant species,
which, after an initial establishment period, usually requiring irrigation, will survive with normal
precipitation.
"Slope Stability" shall be defined as follows:
A. "Gross stability" means the factor of safety against failure of slope material located below a
surface approximately three to four feet deep, measured from and perpendicular to the slope face.
B. "Su~cial stability" means the factor of safety against failure of the outer three to Four feet of slope
material measured from and perpendicular to the slope face.
24
"Soil" means any rock, natural soil, or fill, and/or any combination thereof.
"South Coast Air Quality Management District" (SCAOMD) means the regulatory authority for all or
portions of Los Angeles, Orange, San Bernardino and Riverside Counties that oversees air pollution
emissions from stationary sources, including fugitive dust sources generated by constmction activity.
"State Water Resources Controt Board" (SWRCBI means the regulatory authority that ~evelops_ _ - - - Deletes: allocates water dgnts,
statewide water protection olicies, establishes water quality standards,, and guides the nine Regional adiudicates water fight dispmes,
_
ater uglify Control Boardslhrouohoutche state ~ ~ Deleted: plans
"Stockpile" means a temporary uncompacted fill or embankment placed by artificial means,-which is Deletes: locatetlmthe major
designated or intended to be moved, or relocated at a later date. watersheds of
"Stop Work Order" means an order issued by a City official who requires that specific activity or all
activity on a work site be stopped.
"Storm Water" means surtace runoff and drainage associated with storm events.
;Storm Water Conveyance System"_ means any natural watercourses, curbs,, gutters, s
tree
t
flo
w
-
s,
_ , _ . Deletes: ^storm water
_
_
_
_
_
_
_
lines, inlets, outlets, etc., either public or private, leading to waters of the State. Management Ptan (swMPr• means
a plan subminetl in connection wim
"Storm Water Pollution Prevention Plan" (SWPPPI means a documen(
which meets the requirements an application for a City permit or
,
set jn_the State's NPDES General permits for Construction and Industrial activities. The SWPPP Jrtust_•, other Ciry approval, itlentitying the
measures mat will he used for storm
describe the BMP's to be implemented to meet the requirements of the General Permits and this Title. r ~~ water and non-srorm water
management tluring the permitted
"Sub-base" means a layer of specified material of planned thickness between a base and the subgrade. activity.
Deletetl: (other man a Storm Water
"Sub-grade" means the soil prepared to support stmctures, or that portion of the roadbed on. which
~ Management Plant,
pavement, surfacing, base or subbase, or layer of other material is placed. ~ Deleted: out
'~
;Terrace" means a relativel_y_level step constructed in the f_ac_e of a graded slope-surtace_ f_o
r dra
in
age '~,
_ ~ ~ Deleted: State General Construction
srorm water Perms or Ine state
_
_
_
and maintenance purposes.
~ ~ - '. General Intlusvial srorm water
Permit
"Topsoil" means soil which is within the uppermost horizon of a soil profile, and which contains organic ~ Deletes: submitter to the city
matter, nutrients, and microorganisms necessary for plant growth. Deleted: "standard urban storm
"Ultimate Right-of-Way" means the right-of-way shown as ultimate on an adopted precise plan of Water Mitieatian Plan (SUSMPI"
meansaplan submitted in connection
highway alignment, or a street fight-of-way shown within the boundary of a recorded tract map, or a with an application fora Ciry permit or
recorded parcel map. The latest adopted or recorded document in the above cases shall take other City approval, iden6lying the
precedence. If none of these exist, the Ultimate Right-of-Way shall be considered to be the dghtof-way measures that volt be used to mitigate
the impacts of urban runoff ham
required by the highway classification as shown on the Master Plan of Arterial Highways. In all other Priority Devebpment Prolects.Q
instances, the Ultimate Right-of-Way shall be considered to be the existing right-of-way. 9
"Watercourse" means a permanent or intermittent stream or other body of water, either natural or
improved, which gathers or carries surface water.
"Watershed" means the geographical area which drains to a specified point on a water course, usually a
confluence of streams or rivers (also know as a drainage area, catchment, or river basin. -
"Waters of the State" means any water, sudace or underground, ynder the jurisdiction of the State._ _ _ _ _ _ - Deleted: wimin me mundades of me
State, inclutling a MS4
Section 5: The provisions of Title 18, Articles t through 1 t, shall apply to all grading permits issued
on or after the effective date of this Title.
Section 6: The City Council authorizes and directs the Director of Public Works/City Engineer to
prepare and utilize a manual of standards setting forth the administrative procedures and technical
requirements necessary to implement the provisions of this Ordinance. Such rules, procedures, and
25
requirements shall be entitled "Administrative and Technical Procedures Manual for Grading, Erosion,
and Sediment Control" in substantially the form set forth in Exhibit A.
Section 7: If any provision of this Ordinance or the application thereof to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or application, and to this end, the
provisions of this Ordinance are declared to be severable.
Section 8: The potential grading and land clearing activities regulated by this Ordinance represent
components of the adopted General Plan that has already received the appropriate review when the
General Plan was approved. Based on this fact, the City Council hereby finds that the adoption of this
Ordinance is exempt from further review pursuant to CEQA Guideline Sections 15162(a) and 15061(b)(3)
of the CEQA Guidelines. Section 75762 states that when an EIR has been certified for a project, no
additional environmental review is required unless there is substantial evidence that the project has
changed. The Final EIR for the City General Plan was certified on November 9, 1993.
Section 9: The City Clerk shall certify the Ordinance and cause it [o be published as required by law.
This Ordinance shall take effect on the 30"day after adoption pursuant to state law.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula on the 20th day
of April 2004.
26
NOTICE OF PUBLIC HEARING
l~o~oc~c~ of pa~[~~o~ ~lc~~~o~~
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Applicant: City of Temecula
Location: Citywide
Proposal: A proposed Amendment to Title 18 of the Temecula Municipal Code for Grading, Erosion
and Sediment Control. The proposed amendment will improve clarity and maintain
consistency with the adoption of the 2007 edition of the California Building Code adopted per
Ordinance 07-17.
The proposed amendments are minor clarifications and typographical corrections consisting
of the following:
1. Correcting references to the 2007 edition of the California Building Code
2. Correcting references to the Grading Manual
3. Adding or revising wording and definitions for consistency and clarity purposes
A Community Workshop for the engineering and development community was held on
Wednesday, May 28~h, 2008 to introduce the proposed amendments and receive feedback.
Environmental: The proposed Ordinance is not a "project" and it is determined that these amendments are
minor clarifications of the Code or typographical corrections. As such, there is no possibility
that the proposed amendments to Title 18 of the Temecula Municipal Code will have a
significant effect on the environment. A Notice of Exemption shall be prepared pursuant to
CEQA Guidelines Title 14 of the California Code of Regulations, Section 15061(b)(3).
Case Manager: Daniel A. York, Deputy Director of Public Works /City Engineer
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: July 16, 2008
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and
be heard in support of or opposition to the approval of the proposed amendment at the time of hearing. If you
challenge the proposed amendment in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written correspondence
delivered to the Planning Commission at, or prior to, the public hearing. The proposed amendment may
be viewed at the Temecula Public Works Department, 43200 Business Park Drive, Monday through Friday
from 8:00 a.m. unti15:00 p.m. Questions concerning the proposed amendment may be addressed to the case
manager at the City of Temecula Public Works Department, (951) 694-6411.
STAFF REPORT -PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: July 16, 2008
PREPARED BY: Katie Le Comte, Case Planner
PROJECT Planning Application Number PA07-0340, a Minor Conditional Use
SUMMARY: Permit to authorizing a 20,000 square foot a video game arcade and
party facility within an existing commercial building located at 27468
Ynez Road (APN 921-320-058)
RECOMMENDATION:
CEQA:
Approve with Conditions
Categorically Exempt
Section 15301 Class 1 Existing Facilities
PROJECT DATA SUMMARY
Name of Applicant: Mr. Michel Knight
General Plan Community Commercial
Designation:
Zoning Designation: Community Commercial
Existing Conditions/
Land Use:
Site: 20,000 square foot commercial building located in Target Center
North: Vacant; zoned Community Commercial (CC)
South: Existing commercial uses; zoned Community Commercial (CC)
East: Existing commercial uses; zoned Community Commercial (CC)
West: Temecula Corporate Plaza; zoned Community Commercial (CC)
Existing/Proposed Min/Max Allowable or Re wired
Lot Area: N(A NIA
Total Floor Area/Ratio: N/A N/A
Landscape Area/Coverage: N/A N/A
Parking Required/Provided: 144 spaces existing 80 spaces required
BACKGROUND SUMMARY
The applicant is requesting a Minor Conditional Use Permit to authorize a video game arcade
and party facility within an existing 20,000 square foot commercial building. The facility
proposes to include a 10,252 square foot video arcade room which will include approximately
200 token operated arcade machines and kids' rides. The arcade game inventory consists of a
variety of games which range from DJ interactive games, driving games and shooting games to
sword games, dance games and boxing games, among others. The applicant has provided an
arcade game inventory, which has been attached for reference.
In addition to the video arcade room, two large party rooms are proposed to be located within
the facility. The first party room is proposed to be 1,566 square feet and the second party room
is proposed to be 4,773 square feet. The party rooms are proposed to have moveable tables
and chairs that can be set up in a manner as to accommodate a variety of parties or
celebrations. The applicant has indicated that the purpose of these party rooms is to
accommodate large groups for celebrations of all types, such as little league events, birthday
parties and professional meetings. The applicant has also indicated that food will not be
prepared within the facility and alcohol will not be permitted on the premises.
The proposed hours of operation for Game Point Arcade will be Monday thru Thursday and
Sunday from 10 a.m. to 8 p.m., and Friday and Saturday from 10 a.m. to 11 p.m. The project
has been conditioned to require that any modification or deviation from these hours of operation
shall be reviewed and approved by the Director of Planning and the City of Temecula Police
Department.
PROJECT DESCRIPTION
This Planning Application was filed on December 19, 2007. A DRC meeting was held with the
applicant on January 24, 2008. At this meeting staff discussed Building and Fire Code
requirements that needed to be shown on the plans. Additionally, the Temecula Police
Department discussed a number of Conditions of Approval that they would be recommending
that the Planning Commission consider in order to address any potential issues that may be
anticipated considering the size and nature of the use. The Police Department discussed the
need for security on the premises, adequate lighting, prohibiting alcohol on the premises, and
ensuring that the 10 p.m. curfew for minors is enforced, among other discussion items.
Additionally, the City of Temecula Police Department is requesting that a total of 24 video
surveillance cameras be installed within the facility, including five cameras to be installed on the
exterior of the building. Three surveillance monitors are proposed to be installed on the inside
of the building for use by security personnel to assist them in ensuring that the premises is
secure.
Planning staff discussed the need for the applicant to provide a detailed Statement of
Operations for the facility, a detailed Security Plan which outlines how security will be handled,
and requested that the applicant provide a list of specific Rules and Regulations that would be
.enforced on the premises. Staff emphasized the importance of thjs information, as provided by
the applicant, in order for staff to complete a comprehensive analysis of the use and to minimize
any potential impacts of this project. Staff discussed that the applicant should clearly address
the need for adult supervision, hours of operation and enforcing curfew (not only after 10 p.m.
but also during school hours), providing inside and outside security measures, ensuring noise
attenuation, providing an interior waiting area and limiting the rear entrance to deliveries only,
providing bicycle facilities, and incorporating measures into the project which would deter
z
loitering. The applicant provided a Statement of Operations and Security Plan which is attached
for reference.
As discussed during the DRC process, a list of written Rules and Regulations were requested
from the applicant. Staff explained that the document should outline policies that the
management and staff of Game Point would enforce to ensure that the facility would operate in
such as way that would alleviate the concerns outlined above. The applicant's Rules and
Regulations have been attached for reference.
After review of the- applicant's Statement of Operations, Security Plan, and Statement of
Operations, staff has outlined a number of Conditions of Approval, as they relate to the
operation of this facility to ensure that potential concerns have been addressed. In addition to
the Conditions of Approval that have been recommended by staff, Development Code Section
17.10.020 (C) indicates that the Planning Commission has the authority to apply any condition
deemed necessary in order to make the findings to approve the Minor Conditional Use Permit.
ANALYSIS
This project is subject to the requirements outlined in Development Code Section 17.10,
Supplemental Development standards for arcades. The Development Code allows for arcades
in the Community Commercial zoning district, subject to the approval of a Conditional Use
Permit by the Planning Commission. The Development Code defines Conditional Use Permits
as a discretionary entitlement which may be granted under the provision of the Development
Code, and which, when granted, authorizes a specific use on a specific property subject to
special terms and conditions. The Development Code Section 17.04.010 further indicates that
Conditions of Approval imposed by the Planning Commission may involve any pertinent factors
affecting the establishment, operation or maintenance of the requested use.
The Development Code Section 17.10 also indicates that the Planning Commission has the
discretion to apply operational conditions as deemed necessary and appropriate to make the
findings of approval, including but not limited to the following:
Hours of Operation
Inside and outside security measures
Noise attenuation
Bicycle facilities
Need for adult supervision
Interior waiting areas
Staff has consulted with the City of Temecula Police Department and discussed conditions to
ensure that patrons do not bring alcohol into the facility, the need for video surveillance in the
facility, and concerns with curfew and juvenile loitering as they relate to the requested hours of
operation. The project has been conditioned to address these concerns.
Staff has discussed the need for security officers on the premises. According to the applicant's
Security Plan, five security officers will be provided on the premises at all times and seven will
be provided during peak hours. However, the City of Temecula Police Department has
conditioned the project to require that at least two security officers be present during peak
operating hours when the number of patrons in the facility exceeds 300. In addition to the two
officers required when occupancy exceeds 300 patrons, the City of Temecula Police
Department has conditioned the project to require one additional security officers for every 75
3
patrons during peak hours. The City of Temecula Police Department has indicated that they
consulted with a number of local private security companies to determine the appropriate ratio
of security personnel to patrons and that these companies indicated that the1/75 ratio is the
industry standard.
Staff has determined that based upon the 1/75 ratio, and the occupancy of the facility, a total of
13 security guards would be required if the facility was at maximum capacity. This has been
determined as follows:
1,119 person's maximum occupancy
300 patrons =two security officers required minimum
1,119 - 300 = 819 persons/75 = 11
Number of security guards required at maximum occupancy based upon 1/75 ratio = 13
Staff has indicated in the draft Conditions of Approval that, the City of Temecula Police
Department conditions of approval shall supersede the applicant's security plan. This will
ensure that an adequate number of security personnel are being provided based upon the
number of occupants in the facility.
The City of Temecula Police Department has also conditioned to project to require one security
guard for every 75 patrons for the private parties. Additionally, the Police Department reserves
the right to request additional security as they deem necessary.
Staff has also consulted with the Fire Prevention Bureau, Building and Safety Departments, and
Temecula Community Services Department; they have issued Conditions of Approval.
Additionally, staff would like to note that the applicant will be required to obtain permits to install
the video surveillance cameras prior to building occupancy and prior to the commencement of
the use.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on July 5, 2008 and mailed to the
property owners within the required 600-foot radius.
As required by Development Code Section 17.10.020. C, the Notice of Public Hearing was
mailed on July 3, 2008 to all businesses within the required 300-foot radius of the proposed
arcade establishment.
ENVIRONMENTAL DETERMINATION
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be categorically exempt from further environmental review (Section 15301, Class 1
Existing Facilities).
It has been determined that the proposed project is exempt from further environmental review
as this project qualifies for a Class 1 CEQA exemption. The 20,000 square foot facility, which
Game Point will occupy, was built as a part of a shopping center that was previously reviewed
and approved. The proposed Conditional Use, a video arcade and party facility, which will be
located inside the existing building, does not include a physical expansion of the existing
structure. As indicated in the CEQA Guidelines, the key consideration in determining whether
or not a project qualifies for a Class 1 exemption is whether the project involves negligible or no
expansion of an existing use. The building was originally constructed to accommodate a
commercial land use and the video arcade and party facility that will be authorized by the
Conditional Use Permit to operate in this location, as conditioned, is consistent with the
commercial uses that were previously anticipated in this shopping center. No significant
environmental impacts are anticipated since the project involves no physical expansion of an
existing facility, and the land use, as conditioned, is consistent with the previously analyzed
commercial land uses for this shopping center.
FINDINGS
Development Code Section17.04.010 E. -Conditional Use Permits
The proposed conditional use is consistent with the General Plan and the Development Code
The proposed conditional use is consistent with the General Plan and the Development Code.
Development Code Section 17.10, Supplemental Development Standards for Arcades, indicates
that the Planning Commission has the discretion to apply operational conditions as deemed
necessary and appropriate to make the findings of approval. The approval of this project is
subject to a number of operational conditions, which include restrictions on the allowable hours
of operations, the requirement of bicycle racks on the site, the need for adult supervision, a
provision which requires that an interior waiting area 6e provided and utilized to ensure that the
patrons do not loiter in and around the business, and the posting of signage which informs
minors of the established curfew in Temecula, video surveillance cameras to be installed on the
premises, prohibiting alcohol on the premises and the need for security guards to be present on
the premises. As conditioned, the project is consistent with all of the goals and policies of the
General Plan, and meets all applicable Development Code standards for a conditionally
permitted use.
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 other structures.
The proposed conditional use is compatible with the nature, condition and development of
adjacent uses, buildings and structures. Game Point Arcade will be located within an existing
shopping center, Temecula Town Center (Target Center), and is surrounded by a variety of
existing commercial, office and restaurant uses. Game Point Arcade is a commercial/retail use
and is compatible with all of the surrounding commercial uses located in the shopping center.
As conditioned, the establishment is not anticipated to adversely affect any of the adjacent
commercial uses. The project has been conditioned appropriately to ensure compatibility and
consistency with the surrounding uses. The Conditions of Approval include limitations on the
hours of operations, the prohibition of alcohol within the facility, prohibiting loitering around the
facility, requiring of adult supervision, and compliance with all curfew laws and municipal
Ordinances. The permittee will be required to be in compliance with the Conditions of Approval
at all times, as well as the City's municipal code, which will ensure minimal impact to the
surrounding uses, businesses and tenants in the shopping center.
The site for the 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 Codes and required by the Planning Commission or City Council in order to
integrate the use with the other uses in the neighborhood.
5
The .site for the proposed conditional use is an existing 20, 000 square foot facility located within
the existing Temecula Town Center (Target Center) shopping center. The existing site has
been developed and constructed to accommodate all required yards, walls, and fences. No
physical changes or modifications to the existing site are proposed as a part of this project. It
has been determined that the existing parking and loading facilities are adequate to supporf this
use and are consistent with the off-street parking requirement contained within the Development
Code. All buffer areas and landscaping currently exists, and meets all applicable Development
Code requirements. No modifications are being made the landscaping as a part of this project.
The use, as conditioned, will be fully integrated into the shopping center and will be compatible
with the surrounding commercial uses.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
As conditioned, the nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community. The conditional use has been analyzed and
reviewed to ensure that the project will not adversely affects the public health, safety and
general welfare of the citizens of Temecula. The project has been appropriately conditioned to
ensure that the health, safety and welfare of the community will be protected and promoted, and
that the conditional use will be complementary to the existing uses within the Temecula Town
Center (Target Center) shopping center and other surrounding uses.
ATTACHMENTS
Vicinity Map
Plan Reductions
Resolution
Exhibit A -Draft Conditions of Approval
Statement of Operations
Security Plan
Rules and Regulations
Arcade Game Inventory Sheet
Curfew Flyer
Notice of Public Hearing
VICINITY MAP
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PC RESOLUTION
PC RESOLUTION NO. 08-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0340, A MINOR CONDITIONAL
USE PERMIT AUTHORIZING A 20,000 SQUARE FOOT
VIDEO GAME ARCADE AND PARTY FACILITY WITHIN
AN EXISTING COMMERCIAL BUILDING LOCATED AT
27468 YNEZ ROAD (APN 921-320-058)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 19, 2007 Mr. Michel Knight, filed Planning Application No.
PA07-0340, a Minor 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 July 16, 2008, 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 Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA07-0340, a
Minor Conditional Use Permit to authorize a 20,000 square foot video arcade and party
facility within an existing commercial building located at 27468 Ynez Road, subject to
and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Code Section 17. 04.010 E. -Conditional Use Permits
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed conditional use is consistent with the General Plan and the
Development Code. Development Code Section 17.10, Supplemental
Development Standards for Arcades, indicates that the Planning Commission
has the discretion to apply operational conditions as deemed necessary and
appropriate to make the findings of approval. The approval of this project is
subject to a number of operational conditions, which include restrictions on the
allowable hours of operations, the requirement of bicycle racks on the site, the
need for adult supervision, a provision which requires that an interior waiting area
be provided and utilized to ensure that the patrons do not loiter in and around the
business, and the posting of signage which informs minors of the established
curfew in Temecula, video surveillance cameras to be installed on the premises,
prohibiting alcohol on the premises and the need for security guards to be
present on the premises. As conditioned, the project is consistent with all of the
goals and policies of the General Plan, and meets all applicable Development
Code standards for a conditionally permitted use.
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 other structures;
The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures. Game Point Arcade will
be located within an existing shopping center, Temecula Town Center (Target
Center), and is surrounded by a variety of existing commercial, office and
restaurant uses. Game Point Arcade is a commercial/retail use and is
compatible wifh all of the surrounding commercial uses located in the shopping
center. As conditioned, the establishment is not anticipated to adversely affect
any of the adjacent commercial uses. The project has been conditioned
appropriately to ensure compatibility and consistency with the surrounding uses.
The Conditions of Approval include limitations on the hours of operations, the
prohibition of alcohol within the facility, prohibiting loitering around the facility,
requiring of adult supervision, and compliance with all curfew laws and municipal
Ordinances. The permittee will be required to be in compliance with the
Conditions of Approval at all times, as well as the City's municipal code, which
will ensure minimal impact to the surrounding uses, businesses and tenants in
the shopping center.
C. The site for the 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 Codes and required by the Planning Commission
or City Council in order to integrate the use with the other uses in the neighborhood;
The site for the proposed conditional use is an existing 20, 000 square foot facility
located within the existing Temecula Town Center (Target Center) shopping
center. The existing site has been developed and constructed to accommodate
all required yards, walls, and fences. No physical changes or modifications to
the existing site are proposed as a part of this project. If has been determined
that the existing parking and loading facilities are adequate to support this use
and are consistent with the off-street parking requirement contained within the
Development Code. All buffer areas and landscaping currently exists, and meets
all applicable Development Code requirements. No modifications are being
made fhe landscaping as a part of this project. The use, as conditioned, will be
fully integrated into the shopping center and will be compatible with the
surrounding commercial uses.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community;
As conditioned, the nature of the proposed conditional use is not detrimental to
the health, safety and general welfare of the community. The conditional use has
been analyzed and reviewed to ensure that the project will not adversely affects
the public health, safety and general welfare of the citizens of Temecula. The
project has been appropriately conditioned to ensure that the health, safety and
welfare of the community will be protected and promoted, and that the conditional
use will be complementary to the existing uses within the Temecula Town Center
(Target Center) shopping center and other surrounding uses.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Minor 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);
1. It has been determined that the proposed project is exempt from further
environmental review as this project qualifies fora Class 1 CEQA
exemption. The 20,000 square foot facility, in which Game Point will
occupy, was built as a part of a shopping center that was previously
reviewed and approved. The proposed Conditional Use, a video arcade
and party facility, which will be located inside the existing building, does
not include a physical expansion of the existing structure. As indicated in
the CEQA Guidelines, the key consideration in determining whether or not
a project qualifies for a Class 1 exemption is whether the project involves
negligible or no expansion of an existing use. The building was originally
constructed to accommodate a commercial land use and the video arcade
and party facility that will be authorized by the Conditional Use Permit to
operate in this location, as conditioned, is consistent with the commercial
uses that were previously anticipated in this shopping center. No
significant environmental impacts are anticipated since the project
involves no physical expansion of an existing facility, and the land use, as
conditioned, is consistent with the previously analyzed commercial land
uses for this shopping center.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA07-0340, a Minor Conditional Use Permit to
authorize a 20,000 square foot video arcade and party facility within an existing
commercial building, located at 27468 Ynez Road, subject to the Conditions of Approval
set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16th day of July 2008.
John Telesio, Chairman
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 08- was duly and regularly adopted
by the Planning Commission of the City of Temecula at a regular meeting thereof held
on the 16th day of July 2008, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS
ABSENT: PLANNING COMMISSIONERS
ABSTAIN: PLANNING COMMISSIONERS
Debbie Ubnoske, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
SCANNED:
G DRIVE:
PERMITS PLUS:
INITIALS:
PLANNER:
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA07-0340
Project Description:
Assessor's Parcel No.
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
Expiration Date:
PLANNING DEPARTMENT
A Minor Conditional Use Permit authorizing a 20,000 square foot
video game arcade and party facility within an existing commercial
building, located at 27468 Ynez Road
921-320-058
Commercial
Commercial
Retail Commercial
July 16, 2008
July 16, 2010
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 Sixty-Four Dollars
($64.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California
Code of Regulations Section 15062. If within said 48-hour period the 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 Game Code Section 711.4(c)).
PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document
that will be provided by the Planning Department staff and return the document with an
original signature to the Planning Department.
General Requirements
PL-3. 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-4. The permittee shall obtain City approval for any modifications or revisions to the
approval of this project, as well as any modifications or revisions to the scope of the
Conditional Use Permit.
PL-5. 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.
PL-6. The Director of Planning may, upon an application being filed within 30 days .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-7. A separate building permit shall be required for all signage.
PL-8. The development of the premises shall substantially conform to the approved site plan
and floor plan contained on file with the Planning Department for PA07-0340.
PL-g. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Planning Director. If it is determined that the landscaping is not being
maintained, the Planning Director shall have the authority to require the property owner
to bring the landscaping into conformance with the approved landscape plan. The
continued maintenance of all landscaped areas shall be the responsibility of the
developer or any successors in interest.
PL-10. Trash enclosures shall be provided to house all trash receptacles utilized on the site.
These shall be clearly labeled on site plan.
PL-11. 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-12. The applicant's activities shall be limited solely to what is stated in their Statement of
Operations, retained on file with the Planning Department for PA07-0340, date stamped
May 12'", 2008, unless superseded by these Conditions of Approval. If a conflict arises
between the applicant's Statement of Operations and the Conditions of Approval the
applicant shall comply with whichever is more stringent.
PL-13. The applicant shall comply with what is stated in their Security Plan, which is retained
on file with the Planning Department for PA07-0340 date stamped May 12, 2008, unless
superseded by these Conditions of Approval. If a conflict arises between the applicant's
security plan and the Conditions of Approval the applicant shall comply with whichever
is more stringent.
PL-14. Normal hours of operations shall be as follows: Monday- Thursday & Sundays 10 a.m.
to 8 p.m. Friday & Saturday 10 a.m. to 11 p.m. Any deviation from normal operating
hours shall be subject to the review and approval of the Director of Planning.
PL-15. Food shall not be permitted to be cooked or prepared in the facility.
PL-16. The applicant shall obtain all applicable permits from the Department of Environmental
Health forthe operation of the vending machines, as outlined in correspondence dated
January 9'", 2008, which is attached herein.
PL-17. Alcoholic beverages shall not be permitted to be brought onto the premises and the
consumption of alcohol is strictly prohibited within the facility.
PL-18. Security shall be required to monitor the premises to ensure that no alcohol is brought
into the facility and that no alcohol is consumed on the premises.
PL-19. No dancing or live entertainment (bands, DJ, karaoke, concerts/comedy) shall be
permitted within the facility.
PL-20. The applicant shall comply with Municipal Code Chapter 9.20 "Noise Ordinance' at all
times.
PL-21. The applicant shall comply with Municipal Code Chapter 9.12 "Currew for Minors' at all
times, and Applicant shall comply with all Police Conditions of Approval related to
curfew for minors, as outlined herein.
PL-22. No person under the age of 18 years of age shall be allowed on the premises after
10:00 p.m. on any day unless accompanied by a parent, guardian or other adult person
having the care and custody of the minor.
PL-23. The applicant shall comply with Municipal Code Chapter 9.16 "Juvenile Loitering" at all
times, and comply with all other conditions related to loitering as contained herein.
PL-24. Surveillance cameras shall be installed consistent with the "Camera Installation Plan"
which is retained on file with the City of Temecula Planning Department. Cameras shall
be installed prior to the commencement of this Conditional Use and shall meet all
requirements and specifications as outlined in the City of Temecula Police Department's
Conditions of Approval contained herein.
PL-25. Children under the age of ten shall be supervised by an adult at all times per the
applicant's statement of operations date stamped May 12, 2008.
PL-26. Parents shall be required to sign a parental consentform to indicate that they are aware
of the types of games on the premises. The applicant shall retain all parental consent
forms on file on the premises.
PL-27. At least 4 employees shall be on the premises during all hours of operation. Two of the
4 employees shall be at least 18 years of age. The owner or manager, or person in
charge of the establishment shall be at least 18 years of age, shall have a minimum of 5
years of experience in the operation of an arcade establishment, and shall be present
on the premises during alt hours of operation to ensure security and safety.
PL-28. The applicant shall maintain an interior waiting area for not less than 30 persons to
deter loitering.
PL-29. The rear doors shall not be used by customers for entrance/exit privileges.
PL-30. The rear doors shall be kept closed, (except for the purposes of deliveries), and
equipped on the inside with automatic locking devices. The locking devices shall comply
with all building code requirements.
PL-31. The applicant shall install, maintain and keep in good working order at alf times, three
security monitor as shown on the floor plan retained on file with the City of Temecula
Planning Department.
PL-32. The applicant shall install, maintain and keep in good working order all security cameras
as consistent with the "Camera Installation Plan" retained on file with the City of
Temecula Planning Department. The camera specifications shall be installed,
maintained and. kept in good working order as consistent with the Police Conditions of
Approval contained herein.
PL-33. The applicant shall stream real-time video surveillance footage onto the three monitors
during all hours of operation.
PL-34. Security personnel employed by Game Point Arcade shall monitorthe parking lot areas.
PL-35. Security personnel employed by Game Point Arcade shall be responsible for ensuring
that no patrons or customers loiter outside the premises.
PL-36. Five "no loitering" signs shall be installed (at five different locations) on the premises.
Signs shall be professionally printed. Sign location is subject to the review and approval
of the Director of Planning.
PL-37. All windows shall be kept clear of any signage, tint, covering or other items that may
obscure the full view from the exterior of the building. Windows and entrances shall not
be covered or made opaque in any way.
PL-38. The applicant shall furnish a bike rack on the project site as shown on plans contained
on file with the City of Temecula Planning Department.
PL-39. This Conditional Use Permit maybe revoked pursuant to Section 17.03.080 of the City's
Development Code.
PL-40. 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 or 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-41. The applicant shall comply with all local ordinances and Taws, state laws, federal laws
and the Temecula Municipal Code at all times.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
PL-42. The cameras shall be installed and be in good working order consistent with the
conceptual "Camera Installation Plan" retained on file with the City of Temecula
Planning Department for PA07-0340, and consistent with the City of Temecula Police
Department Conditions of Approval, prior to issuance of the certificate of occupancy
and prior to the commencement of the Conditional Use.
PL-43. Prior to issuance of Certificate of Occupancy and prior to the commencement of this
Conditional Use, the location and design of the "no loitering" and "curfew for minors"
signs shall be reviewed and approved by the Director of Planning and installed on the
premises.
PL-44. Prior to the Issuance of Occupancy and prior to the commencement of the Conditional
Use, the permittee shall provide to the Director of Planning for review and approval, a
resume or other form of official verification, (as determined appropriate by the Director
of Planning), showing that the manager/person in charge of the establishment has a
minimum of 5 years experience in the operation of an arcade establishment and
showing that the managerlperson in charge is at least 18 years of age or older.
PL-45. Each parking space reserved for the handicapped shall be identified by a permanently
affixed reflectorized sign constructed of porcelain on steel, beaded text or equal,
displaying the International Symbol of Accessibility. The sign shall not be smaller than
70 square inches in area and shall be centered at the interior end of the parking space
at a minimum height of 80 inches from the bottom of the sign to the parking space
finished grade, or centered at a minimum height of 36 inches from the parking space
finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous
place, at each entrance to the off-street parking facility, not less than 17 inches by 22
inches, clearly and conspicuously stating the following:
"Unauthorized vehicles parked in designated accessible
spaces not displaying distinguishing placards or license
plates issued for persons with disabilities may be towed away
at owner's expense. Towed vehicles may be reclaimed by
telephoning (951) 696-3000."
PL-46. In addition to the above requirements, the surface of each parking place shall have a
surface identification sign duplicating the Symbol of Accessibility in blue paint of at least
three square feet in size.
PL-47. All site improvements including but not limited to parking areas and striping shall be
installed.
PL-48. All of the foregoing conditions shall be complied with prior to occupancy or any use
allowed by this permit.
OUTSIDE AGENCIES
PL-49. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated January 9th, 2008, a
copy of which is attached. (Please note that the number of employees, square footage
of the facility and hours of operations referenced in the letter have changed due to
changes that occurred after the first planning submittal).
BUILDING AND SAFETY DEPARTMENT
General Conditions/Information
B-1. All design components shall comply with applicable provisions of the 2007 edition of the
California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled
Access Regulations, and the Temecula Municipal Code.
B-2. Provide van accessible parking located as close as possible to the main entry.
B-3. Show path of accessibility from parking to furthest point of improvement.
B-4. Submit at time of plan review, a complete exterior site lighting plan showing compliance
with Ordinance Number 655 for the regulation of light pollution. All streetlights and
other outdoor lighting shall be shown on electrical plans submitted to the Department of
Building and Safety. Any outside lighting shall be hooded and aimed not to shine
directly upon adjoining property or public rights-of-way.
B-5. Obtain all building plans and permit approvals prior to commencement of any
construction work.
B-6. Commercial and industrial project trash enclosures, patio covers, light standards, and
any block walls will require separate approvals and permits.
At Plan Review Submittal
B-7. Provide electrical plan including load calculations and panel schedule, plumbing
schematic and mechanical plan applicable to scope of work for plan review.
B-8. Provide precise grading plan to verify accessibility for persons with disabilities.
B-g. It has been determined the scope of work proposed will not include the addition of any
plumbing fixtures as required by the 2007 California Plumbing Code.
B-10. Provide appropriate stamp of a registered professional with original signature on plans.
Prior to Issuance of Certificate of Occupancy
B-1.1. Per Temecula Municipal Code the change of tenant for the Game Point Arcade space
will trigger the requirement for the new tenant to obtain a new Certificate of Occupancy
No Construction Permit with Fire and Building and Safety signing off on occupancy prior
to opening for business.
Prior to Beginning of Construction
B-12. Apre-construction meeting is required with the building inspector prior to the start of the
building construction.
COMMUNITY SERVICES DEPARTMENT
General Conditions/Information
CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of
construction and demolition debris. Only the City's franchisee may haul demolition and
construction debris.
CS-2. The applicant shall comply with the Public Art Ordinance.
CS-3. The developer shall provide TCSD verification of arrangements made with the City's
franchise solid waste hauler for disposal of construction and demolition debris.
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.
F-2. The fire alarm system will be required to be brought up to the current code requirements
set forth in NFPA 72, 2002 edition, 2007 California Fire Code, and City Ordinance
15.16.020. The facility will be required to have a complete fire alarm system notjust a
sprinkler monitoring system.
F-3. The applicant shall comply with the requirements of the Fire Code permit process and
update any changes in the items and quantities approved as part of their Fire Code
permit. These changes shall be submitted to the Fire Prevention Bureau for review and
approval per the Fire Code and is subject to inspection (CFC Chapter 1).
Prior to Issuance of Certificate of Occupancy .
F-4. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval.
Three sets of sprinkler plans must be submitted by the installing contractor to the Fire
Prevention Bureau. These plans must be submitted and approved prior to the issuance
of certificate of occupancy.
F-5. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three
sets of alarm plans must be submitted by the installing contractor to the Fire Prevention
Bureau. The fire alarm system is required to have a dedicated circuit from the house
panel. The fire alarm system will be required to be brought up to the current code
requirements set forth in NFPA 72, 2002 edition, 2007 California Fire Code, and City
Ordinance 15.16.020. The facility will be required to have a complete fire alarm system
notjust a sprinkler monitoring system. Plans are required to be submitted and approved
prior to the 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 aminimum ofsix-
inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5,
Section 505.1 and Temecula City Ordinance 15.16.020 Section E).
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,
Section 506).
F-8. A simple floor plan and plot plan as an electronic file of the .DWG format must be
submitted to the Fire Prevention Bureau. Contact Fire Prevention for alternative file
formats that may be acceptable.
POLICE DEPARTMENT
PD-1. Applicant shall ensure all landscaping surrounding all buildings are kept at a height of
no more than three feet or below the ground floor windowsills. Plants, hedges and
shrubbery shall be defensible plants to deter would-be intruders from breaking into the
buildings utilizing lower level windows.
PD-2. Applicant shall ensure all trees surrounding all building rooftops be kept at a distance to
deter roof accessibility by "would-be burglars.° Since trees also act as a natural ladder,
the branches must be pruned to have asix-foot clearance from the buildings.
PD-3. The placement of all landscaping shall be in compliance with guidelines from Crime
Prevention through Environmental Design (OPTED).
PD-4. All parking lot lighting surrounding the complex shall be energy saving and minimized
after hours of darkness and in compliance with the State of California Lighting
Ordinance, California Government Code 8565.
PD-5. All exterior lighting to be in compliance with Mount Palomar Lighting Ordinance 665
requiring low pressure sodium lighting.
PD-6. All exterior doors to have their own vandal resistant fixtures installed above each door.
The doors shall be illuminated with a minimum one-foot candle illumination at ground
level, evenly dispersed.
PD-7. All exterior night lighting shall be wall mounted light fixtures to provide sufficient lighting
during hours of darkness.
PD-8. Applicant shall comply with the Governor's order to address the power crisis. This order
became effective March 18, 2001 calling for a substantial reduction from businesses to
cut usage during non-business hours. The order, in part, states, "All California retail
establishments, including, but not limited to, shopping centers, auto malls and
dealerships, shall substantially reduce maximum outdoor lighting capability during non-
businesshours except as necessary for the health and safety of the public, employees
or property." Failure to comply with this order following a warning bylaw enforcement
officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in
accordance with Section 8565 of the California Government Code.
PD-9. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware
shall be commercial or institution grade.
PD-10. Any graffiti painted or marked upon the buildings must be removed or painted over
within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-
hourdispatch Center at (951) 696-HELP.
PD-11. Upon completion of renovation, the building shall have a monitored alarm system
installed and monitored 24 hours a day by a designated private alarm company to notify
the Temecula Police Department of any intrusion.
PD-12. All roof hatches shall be painted "International Orange'.
PD-13. Any public telephones located on the exterior of the buildings shall be placed in a well-
lit, highly visible area, and installed with a "call-out only" feature to deter loitering. This
feature is not required for public telephones installed within the interior of the buildings.
PD-14. All disabled parking stalls on the premises shall be marked in accordance with Section
22511.8 of the California Vehicle Code.
PD-15. Since the applicant's "Statement of Operations' does not mention the use of any
alcoholic beverages at this facility, the use of alcohol is prohibited. If the applicant
requests the service of alcoholic beverages at a later time, proper documentation shall
be processed through Alcoholic Beverage Control, Riverside, and a Conditional Use
Permit shall be reviewed and approved by the City of Temecula Planning Department,
at which time an addendum from the Police Department must be added to the original
Conditions of Approval.
PD-16. On a daily basis, applicant will maintain order within the business during all hours of
operation. A minimum of two security officers is required during peak hours of
operation (where attendance in the facility exceeds 300 patrons). Applicant will
maintain a ratio of one security officer per every 75 patrons during peak hours of
operation. The ratio for security officers assigned to private party rentals will remain the
same, one officer per every 75 patrons.
PD-17. All security officers may be in-house employees but must be properly trained in dealing
with the general public; detaining suspect(s) and possess current certification to carry
any firearms, batons or chemical agents, if permitted by the applicant.
PD-18. Video surveillance requirements shall include the installation, maintenance, and up-
keep of 27 cameras, to be in good working order (as consistent with the "Camera
Installation Plan" retained on file with the City of Temecula Planning Department)..The
surveillance cameras shall be installed throughout the facility as follows, and meet the
following specifications and requirements:
a. Two day/night high resolution digital system cameras with tilt, pan and zoom
capabilities installed outside the facility to monitorthe front entrance and parking lot
area of the business.
b. Four high resolution digital system cameras each with tilt, pan and zoom
capabilities installed in the interior waiting area (two cameras each) and the front
desk receptionist area (two cameras each) for a total of four cameras for these
areas.
c. Five high resolution digital system cameras with tilt pan and zoom capabilities
installed in the 4,773 square foot party room, and two high resolution digital system
cameras with tilt pan and zoom capabilities installed in the 1,566 square foot party
room.
d. Eleven high digital system cameras with tilt pan and zoom capabilities installed in
the 10,252 square foot game area.
e. Three day/night high resolution digital system cameras with tilt, pan and zoom
capabilities shall be installed outside the facility in the rear to monitor all back door
exits and rear loading/unloading areas.
PD-19. All camera recordings shall be saved and maintained for a period of 120 days. All
recordings will be made available at any time upon the request of the Temecula Police
Department.
PD-20. Applicant will keep the cameras in good working order. Good working order is defined
as having at least 80% of the cameras operational and providing a clear picture. Any
and all cameras that are not operational shall be repaired with 30 days.
PD-21. There shall be one general entry/exit area into this facility. A minimum of four
employees will be assigned during peak hours at the main entry area. A total of two
employees will be assigned during non-peak hours.
PD-22. Applicant will maintain a dress code for all patrons. No gang attire or flying of colors
allowed at any time.
PD-23. All prospective employees must pass a background check utilizing the "Live Scan"
system and pass a drug screening.
PD-24. All security guards must possess a valid guard card.
PD-25. All armed security guards must be certified to carry a firearm in the course of their
duties.
PD-26. In accordance with the applicant's "Statement of Operation", the current hours will be
Monday-Thursday from 10:00 a.m. to 8:00 p.m., and Friday and Saturday from 10 a.m.
to 11 p.m. Applicant will notify the City Planning Department and Police Department if
these hours are revised.
PD-27. All rear exit doors facing north will be used for "Emergency Exists" only. No patrons are
allowed to use these exits for smoking or other usage. Employees may use these doors
for unloading of supplies or merchandise.
PD-28. Temecula Municipal Code 9.12.010 series defines and establishes curfew for minors
within the City limits between the hours of 10 p.m. and the time of sunrise of the
following day, seven days a week. With the exceptions as stated in 9.12.030 of the
Temecula Municipal Code, the applicant will enforce this curfew with minors under the
age of eighteen years who are not with a parent, guardian or custodial person.
Furthermore, the applicant will post signs within the complex (a minimum of five signs
per space) with the following verbiage: CURFEW FOR MINORS-City Ordinance
9.12.010 series prohibits minors under the age of eighteen years to be in this facility
after 10 p.m. unless accompanied by a parent, guardian or custodial person twenty one
years or older. This Ordinance will be strictly enforced. The background ofthe signage
will be white in color. The words "CURFEW FOR MINORS" will be in 1-inch red
lettering. The remainder of the signage will be'/z" black lettering. These signs will be
professionally printed.
PD-29. All retailing businesses shall contact the California Retailers Association for their
booklet on the California Retail Theft Law at California Retailers Association, 1127
Eleventh Street, Suite 1030, Sacramento, CA 95814, (916) 443-1975. Penal Code
490.5 affords merchants the opportunity to recover their losses through a civil demand
program.
PD-30. Businesses desiring a business security survey of their location can contact the Crime
Prevention and Plans Unit of the Temecula Police Department.
PD-31. Employee training regarding retail/credit card theft, citizens' arrest procedures, personal
safety, business security, shoplifting or any other related crime prevention training
procedures is also available through the Crime Prevention Unit.
PD-32. Any business that serves or sells any type of alcoholic beverages will comply with all
guidelines within the Business and Profession Codes and all other guidelines
associated with the State Department of Alcohol Beverage Control.
PD-33. Contact the Temecula Police Department for inspections and training for both
employees and owners. This includes special events held at business locations where
alcohol will be served for a fee and the event is open to the general public.
PD-34. The Temecula Police Department affords all retailers the opportunity to participate in
the "Inkless Ink Program." At a minimal cost of less that $40 for Inkless inkpads,
retailers can take a thumbprint of every customer using a personal check to pay for
services. A decal is also posted on the front entry of the business advising customers
of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud,
the Police Department will be able to track the suspect with the thumbprint.
PD-35. Any changes, modifications or revisions to this current Conditional Use Permit will
require police input and resubmission of updated requirements.
CO TY OF RIVEi~.SI1~E ~ COMM I"1`Y HE<4LTN AGED?CY
City of Temecula
Planning Department
c/o KATIE LECOMTE
PO BOX 9033
Temecula, CA 92589-9033
9 January 2008
RE: PA07-0340
Q __ _
~ PlanoinaDe~a~len~
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0340 for the Minor Conditional Use Permit to authorize a 12,000 square foot video
arcade facility, called Game Point Arcade. The facility proposes to employ six (6) people
including one security guazd, and proposes to he open Mon-Fri. from 10 AM to 8 PM.
Approximately 200 accade game machines aze proposed to be housed within the existing
building which is located at 27468 Ynez Road (APN 921-320-058),.under the applicant:
Knight Mei.
The facility's building is located on and is connected to a potable water line and sanitary
sewer from an approved purveyor. A water and sewer availability letter shall be required
by the City of Temecula at time of building plan submittal to the City IF FOOD SALES
ARE PROPOSED IN THE FUTURE.
Any food vending or restaurant use of the building shall require REHS inspector
compliance by the County of Riverside DEH.
1f your have any questions, please do not-hesitate to call me at 951.600.6180
Since ~ ~
Gregor Dellenbach, REHS
EHS080038 ($234.00)
Lncal EnJm"cement Agency PO. Bck ~ 8;.. nis~: r-u. _. L4 92[.62-L80 • '951'. 9So-8982 F4X 1951) i31-9653 ~ 90&C Lemon Street 9th ~luu R~vervlde_ LA '501
Land Use and Water Engineering • ~0- B->:~: i206. Pi e-,lde, CA 9~ ,0_ ! °l h • f95i} 95b-8980 • FAX (9511 955-5903 • 4080 Lemon ~ treat, Znd Ploor. Rivet>Ide. CA 12501
STATEMENT OF OPERATIONS
~C_'~~.~ t, .~
STATEMENT OF OPERATION: U~ ~= ~ ~ ~~ i ~' hI
FOR GAME POINT 27468 Ynez rd. Temecula, CA 92591 ~'{ ~~~!
.... , .. ...~,~ J
Game Point Entertainment Center operates as a facility opened to the ~lic with
no private membership fees. The Entertainment center has no other purpose but to
provide a place where families and the over all public can go and enjoy celebrations such
as birthdays. The center provides its visitors with a full range of arcade games for all ages
and children rides or "kiddy rides" for families with younger children.
Game Point will have designated party rooms where families or groups of people,
such as little league teams can rent rooms for celebrations of all types. People from the
public can call the Game Point receptionist and schedule appointments to rent party
rooms for their celebrations within a timely fashion, in order to have a room ready, clean
and decorated.
People of all ages can enter Game Point; children under the age of ten must be
supervised by an adult at all times. Security staff will be available at all times within the
hours of operation, security measures are addressed in the Security plan.
All arcade machines are token operated; the accade has token machines in which
people may insert coins or dollar bills in exchange for tokens to play the arcade machines
or ride the kiddy rides. A list of the arcade machines that will be located in the accade
area aze provided as an attachment to this document. The machines range from adult/teen
which are minimal and will be located towards the front, to all ages such as driving,
guitar recreational, flight simulation or fishing will be in the center. Towards the back
will be the children games, which will range from the kiddy rides to the simple operated
children games. Parents will not be required to sign a letter of consent sheet.
-1-
There will be a total of twenty employees located in the building during hours of
operation. These employees will have the following responsibilities: Afloor cleaning
crew of three where they will be cleaning the machines during business hours and making
sure machines and floors are clean at all times, a maintenance crew of two people to fix
any mechanical or electrical problems with the coin operated machines and in addition , a .
cleaning crew of two people to clean both the men's and women's restrooms. Also, there
will be two receptionists, to greet and schedule parties. Lastly, there will be five unarmed
security staffed personnel available during operating hours, this number will be raised to
seven during peak hours, the other six staff members will be responsible for setting up
rooms with movable folding chairs and tables as well as decorating rooms depending on
occasions.
The handling of food will be the responsibility of the Game Points visitors; Game
Point is not responsible for any food preparation or food handling of any kind. People
renting party rooms will be held accountable for providing their own food and beverages.
However, Game Point will only provide beverage and snack vending machines for people
who wish to purchase from these coin operated machines.
The consumption of alcohol is forbidden and will be enforced by security staff
monitoring the area. In addition, their will be signage posted at the entrance of the
Entertainment Center to further enforce this policy.
Game Point has already had people approach and ask when they will be able
to rent a party room or play with the arcade games.
-2-
Game Point Entertainment Center will provide a positive service in the community by
providing a fun, clean, secure, and entertaining environment for families of all ages to
enjoy games of different types and to have a place to celebrate their special occasions.
-3-
SECURITY PLAN
SECURITY PLAN FOR GAME POINT
The following is a description of the security measures that will be taking place
during the operating hours of Game Point Entertainment Center. The number of security
guards that will be on the premises during hours of operation in the Game Point
entertainment center shall be five unarmed men. The number of security guazds that will
be on the premises during peak hours will be seven. The security guards shall establish
monitoring hours as well as walk through hours, in which they will alternate between
watching the premises through the camera monitors and physically walking through the
facility. The security officer will not be responsible for monitoring the parking lot.
However, they may step outside the front area of the entertainment center to maintain
safety. In addition, the entire parking lot is being secured by a private security company
by the owner of the Town Center.
When private parties are held on the premises, security will monitor activity as
they routinely walk through the entertainment area. The security room in which the
security staff will be monitoring all rooms in the center is raised 16 inches from the finish
floor were the azcade machines and rides aze located. This ensures them a better view of
the over all activity being conducted below; the walls of the security room are 2x4 stud
low walls that stand at three feet. Above those three feet is a clear Plexiglas that acts as a
window for security purposes. The security room will also have three monitor stations
which will stream real-time video surveillance footage to be viewed by the security staff
These monitor stations will be paced on a desk with chairs, so the security staff can
monitor the activity for long periods comfortably. There will be two security guards
monitoring cameras in the security room while three security guards walk the area. The
number of each will increase by one during peak hours.
Party rooms have large windows in all sides of the walls, except for the
neighboring walls that are shared with the other tenants. These designated party rooms
are shown on the floor plans as well as the dimensions of the windows they have. These
windows also clearly show enough span of sight to see inside the party rooms at all times
by the security staff walking thought the area.
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RULES AND REGULATIONS
For :Follow up response sheet from comments made from staff
Date: 1-30-08
Project Number: PA07-0340
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Project Type: Conditional Use permit - i 1 yJ.
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Project Name: Game Point Arcade , . ; --~
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Applicant: Michael Knight `~'' ~
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The following are responses from comments discussed'from plarinrig-department
regazding this plan.
1. Full sized floor plan labeled "Camera Installation plan" Is provided reflecting the,'' .<,,
proposed locations of security cameras as requested by Temecula Police dephrfine~frt.*~;?~~
2. the following is a list of the rules and regulations that each patron must obey before2; „
entering the complex: ®®°
® Hats must be worn straight
® No bandanas
No back packs or oversized purses
o No long chains
® No excessive baggy clothes
® No sun glasses afrer dark
e No wife beater shirts
® No clothing that contains obscene gestures or working shall be allowed
3. security plan:
a) Security will escort patrons off the premises if they do not comply with the
"Rules and Regulations" clause.
b) Security will take proper information from patrons which are consistent with
Police's request/ recommendations during a situation.
4. security plan:
a) responsibility of each security officer during regular monitoring of the
premises and the monitoring of patrons that are attending the private parties
are as follows:
Ensures all patrons are compliance with dress code, ensures all patrons
aze compliance with no outside alcohol, and ensures all patrons are
safe while on the premises.
5. security plan:
a) Since all party rooms have glass walls, security officers will have a clear view
of all activities inside.
ARCADE GAMEINVENTORY SHEET
ARCADE INVENTORY SHEET FOR GAME PO[NT ARCADE:
The following is a list of the arcade machines located inside the Game Point facility:
La Samba Amigo (Maraca interaction game)
The Maze of kings (sword adventure game)
Crimson 2 (gun shooting machine)
House of the dead 2-(gun shooting machine)
Gunmen wazs (gun shooting game)
Bio Harazazd [code veronica) (gun shooting game)
Crisis Zone (gun shooting game)
The lost world (gun shooting game)
Ninja assault (gun shooting game)
Gun Barl (gun shooting game)
Trucker (interactive driving game)
Techno driver (interactive driving game)
Super chase (interactive driving game)
Tsumg (interactive sword fighting game)
Punch mania (interactive punching experience machine)
Beat mania (interactive dj machine)
Power shovel (shovel experience game)
Cruising USA (interactive driving game)
Rail Chase (interactive miner rail cart)
Ball catcher (children's ball throwing game)
Boxing (simulation boxing training ball )
Crab Panic (children's interactive game)
Spider Stomping (children's game)
Big Shark (interactive fishing game)
Radical Riders (interactive driving game)
Kururu target (fighting game)
Safari shooting (shooting game)
Pop'n Stage (dance game)
Final Furlong (fighting game)
Winding Heat (flying game)
Daytona USA (interactive driving game)
~GTI Club (interactive driving game)
Sega rally (interactive driving game)
Desert tank (tank experience game)
Racing jam (Interactive driving,game)
Indy 500 (interactive driving game)
Namio Racing (interactive motorcycle game)
Planet Harriers (adventure shooting game)
Virtuazon (space adventure game)
Battle gear (shooting game)
Touring California championship (interactive driving game)
Automobile club (interactive driving game)
Battle car (interactive driving game)
Sky target (flight simulation game)
Solar assault (flight simulation game)
Fire rescue (firefighting simulation game)
Get bass fishing (interactive fishing game)
Cyber cycles (interactive motocycle game)
Cyber commandos (adventure game)
Point blank (shooting game)
Road blaster (interactive driving game)
Gauntlet legends (interactive adventure game)
Beat mania complete mix (interactive dj experience)
The keisatsukan 2 (interactive shooting game)
Suzuka 8hrs (interactive motocycle game)
Hyper neo geo 64 (various adventure games in one unit)
Sport sides (basketball shooting game)
Sonic championship (adventure game)
NBA Showtime (NBA basketball game)
Beatmania club mix (interactive dj experience game)
Beatmania core mix (interactive dj experience game)
Beatmania complete mix 2 (interactive dj experience game)
Landing high Japan (flight simulation game)
Keyboard 3rd mix (interactive dj experience game)
Dance mania (interactive dj experience game)
Motor Harley Davidson (interactive motorcycle game)
Beatmania [dreams come true) (interactive dj experience game)
Keyboard mania (interactive dj experience game)
Guitar freaks 4`h ed. (interactive guitarist experience game)
Keyboard mania 3`d mix (interactive dj experience game)
Keyboard mania 2`d mix (interactive dj experience game)
Kraki'n Dj (interactive dj experience game)
Nascar pride (interactive driving game)
Top skater (interactive skating game)
Air Trix (interactive skating game)
Alpine racer'(interactive driving game)
Jumping Prove (children's interactive game)
Rapid river (river racing simulation game)
Wild River (river racing simulation game)
Shot (interactive shooting game)
Helicopter ride (small mechanical ride)
Ducks (children's interactive game)
Knock down (boxing game)
Children's elephant ride (children's interactive game)
Picachu (children's interactive game)
Fishing (interactive fishing game)
Marvel VS Capcom (fighting game)
Neo Geo (various adventure games in one unit)
Police car 2 (interactive driving game)
-2-
Landing Gear (flight game)
Defender (space adventure game)
Rave Raver (children's interactive game)
Super Ball (children's interactive game)
Magic (children's interactive game)
Note:
This is an inventory of the proposed games to be placed at Game Point, most games are
to be repeated according to demand.
3-
CURFEW FLYER
.11® 011 Y0 ~~~~11J V V
The City of Temecula and the Temecula Police
Department want to ensure the safety of all
juveniles in the city. To further this effort the
City has established a 10 P.M. curfew which the
Temecula Police Department strictly enforces.
After 10 P.M. any person under 18 years of age
and who is in a public area must be
accompanied by a legal guardian who is over
18.
CJame Point Arcade encourages our minor
customers to be picked up by 10 P.1VI. or be
accompanied by a parent and/or legal guardian.
Temecula Municipal Code --- 9.12.020 Curfew established.
Every minor who is present. in or upon any public or private street, road, drive, alley or trail; any
public or community park or recreation area; any public ground, place or building; or any vacant
lot or abandoned or vacant building between the hom~s often p.m. and the time of sunrise of the
following day is guilty of an infraction unless the minor meets one of the exceptions set forth in
subsection C of this section. (Ord. 97-16 § 2(A): Ord. 94-20 § 2 (part))
NOTICE OF PUBLIC HEARING
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A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: Planning Application No. PA07-0340
Applicant: Mr. Michel Knight
Location: 27468 Ynez Road
Proposal: A Minor Conditional Use Permit to authorize a 20,000 square foot video arcade and party
facility within an existing commercial building.
Environmental: In accordance with the California Environmental QualityAct(CEQA), the proposed project is
exempt from further environmental review and a Notice of Exemption will be filed in
compliance with CEQA (Section 15301, Class 1, Existing facilities).
Case Planner: Katie Le Comte
Place of Hearing: City of Temecula, Council Chambers
43200 Business Park Drive, Temecula, CA 92590
Date of Hearing: July 16, 2008
Time of Hearing: 6:00 p.m.
Any person may submit written comments to the Planning Commission before the hearing or may appear and be
heard in support of or opposition to the approval of the project at the time of hearing: If you challenge the project
in court, you maybe limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning Commission at, or priorto,
the public hearing. The proposed project application may be viewed at the Temecula Planning Department,
43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.