HomeMy WebLinkAbout021710 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make
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TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
FEBRUARY 17, 2010 — 6:00 PM
PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
PUBLIC COMMENTS
Earlene Bundy
Commissioner Harter
Carey, Guerriero, Harter, Kight, and Telesio
Next in Order:
Resolution: 10-04
A total of 15 minutes is provided so members of the public may address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action..
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1
1.1 Approve the Minutes of February 3, 2010
2 Director's Hearing Summary Report
RECOMMENDATION:
2.1 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
heari ng.
Any person dissatisfied with any decision of the Planning Commission may file an appeal
of the Commission's decision. Said appeal must be filed within 15 calendar days after
service of written notice of the decision, must be filed on the appropriate Planning
Department application and must be accompanied by the appropriate filing fee.
3 Planning Application No. PA09-0232, the first Extension of Time application for the
Harveston Village Development Plan with no proposed changes to original application
(PA07-0132) located at the corner of Village Road and Landings Road, Eric Jones
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA09-0232, THE
FIRST EXTENSION OF TIME (NO CHANGES PROPOSED) FOR PLANNING
APPLICATION NO. PA07-0132, A DEVELOPMENT PLAN FOR THE
CONSTRUCTION OF A ONE-STORY, 13,958 SQUARE FOOT COMMERCIAL
BUILDING GENERALLY LOCATED ON THE SOUTHWEST CORNER OF
LANDINGS AND VILLAGE ROADS WITHIN THE HARVESTON SPECIFIC
PLAN (APN 916-560-006)
4 Lonq Range Planning Project No. LR09-0001, an Ordinance of the City Council of the
City of Temecula Amending Portions of Title 17 of the Temecula Municipal Code to
revise family daycare requirements to be consistent with State law; update public
noticing requirements, require a Conditional Use Permit for certain wine tasting
establishments, modify sign program regulations, clarify governmental exempt signs,
streamline extension of time application requirements, remove the term "granny flat,"
revise guest house requirements and make other minor clarifications or typographical
corrections, Betsy Lowrey
2
RECOMMENDATION:
4.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10-
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 17 OF THE
TEMECULA MUNICIPAL CODE TO REVISE FAMILY DAYCARE
REQUIREMENTS TO BE CONSISTENT WITH STATE LAW, UPDATE PUBLIC
NOTICING REQUIREMENTS, REQUIRE A CONDITIONAL USE PERMIT FOR
CERTAIN WINE TASTING ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT SIGNS, STREAMLINE
EXTENSION OF TIME APPLICATION REQUIREMENTS, REMOVE THE TERM
`GRANNY FLAT', REVISE GUEST HOUSE REQUIREMENTS AND MAKE
OTHER MINOR CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09-0001)"
PC RESOLUTION NO. 10 -
REPORTS FROM COMMISSIONERS
PLANNING DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, March 3, 2010, 6:00 PM City Council
Chambers, 43200 Business Park Drive, Temecula, California.
NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's
Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at
30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of
the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public
review at the locations indicated above. The packet will be available for viewing the Friday before the Planning
Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m.
on the City's website at www.citvoftemecula.orq.
3
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
43200 BUSINESS PARK DRIVE
FEBRUARY 3, 2010 — 6:00 PM
PRELUDE MUSIC:
CALL TO ORDER:
Flag Salute:
Roll Call:
ABSENT:
Earlene Bundy
Commissioner Guerriero
Carey, Guerriero, Harter, Kight, and Telesio
GUERRIERO
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1
Next in Order:
Resolution: 10-02
Approve the Minutes of January 20, 2010 APPROVED 4-0-1-0, MOTION BY
COMMISSIONER HARTER, SECOND BY COMMISSIONER KIGHT; VOICE
VOTE REFLECTED APPROVAL; GUERRIERO ABSENT
PUBLIC HEARING ITEMS
2 Lonq Range Planning Project No. LR09-0024 A resolution of the Planning Commission
of the City of Temecula recommending that the City Council of the City of Temecula
take various actions related to Annexation No. 2 of the Santa Marqarita area located to
the south and east of the existing City boundary, Betsy Lowrey APPROVED 4-0-1-0,
MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER KIGHT;
VOICE VOTE REFLECTED APPROVAL; GUERRIERO ABSENT
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 10-02
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVE THE ADDENDUM TO A CERTIFIED FINAL
ENVIRONMENTAL IMPACT REPORT AND ADOPT FINDINGS PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH FOR THE SANTA MARGARITA AREA ANNEXATION NO. 2 OF
APPROXIMATELY 4,510 ACRES, LOCATED IMMEDIATELY SOUTHWEST
1
OF THE EXISTING CITY OF TEMECULA BOUNDARY LINE, WEST OF
INTERSTATE -15 AND NORTH OF THE SAN DIEGO COUNTY AND
RIVERSIDE COUNTY BOUNDARY (LR09-0024)
2.2 Adopt a resolution entitled:
PC RESOLUTION 10-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF
TEMECULA TAKE VARIOUS ACTIONS RELATED TO ANNEXATION OF THE
SANTA MARGARITA ANNEXATION NO. 2, LOCATED TO THE SOUTH AND
EAST OF THE EXISTING CITY BOUNDARY (LR09-0024)
Ken Johnson, Temecula resident, addressed the Planning Commission.
Wayne Hall addressed the Planning Commission.
Dr. Matt Rahn, San Diego State University, addressed the Planning Commission.
Paul Jacobs, Temecula resident, addressed the Planning Commission.
Fred Bartz, Temecula resident, addressed the Planning Commission.
Jerri Arganda, Rainbow resident, addressed the Planning Commission.
Susan Miyamoto, Rainbow resident, addressed the Planning Commission.
Clif Hewlett, Temecula resident, addressed the Planning Commission.
Marilee Ragland, Fallbrook resident, addressed the Planning Commission.
Pam Grender, Temecula resident, addressed the Planning Commission.
Kathleen Hamilton, DeLuz resident, addressed the Planning Commission.
REPORTS FROM COMMISSIONERS
PLANNING DIRECTOR REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, February 17, 2010, 6:00 PM City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Carl Carey
Chairman
2
Patrick Richardson
Director of Planning and Redevelopment
CITY OF TEMECULA
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
MEMORANDUM
TO: Planning Commission
FROM: Patrick Richardson, Director of Planning and Redevelopment
DATE: February 17, 2010
SUBJECT: Director's Hearing Summary Report
Planning Director's Agenda items for January 2010
January 14, 2010 PA09-0338 A Minor Conditional Use Permit for a Tiffany Baker APPROVED
religious facility without daycare or an Empowerment
educational component located at 27262 Via Center
Industria
Attachment: Action Agenda
ACTION AGENDA
2
ACTION AGENDA
TEMECULA PLANNING DIRECTOR'S HEARING
REGULAR MEETING
January 14, 2010 1:30 P.M.
TEMECULA CITY HALL MAIN CONFERENCE ROOM
43200 Business Park Drive
Temecula, CA 92590
CALL TO ORDER: Stuart Fisk, Senior Planner
PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public can address the Planning
Director on items that are not listed on the Agenda. Speakers are limited to three (3)
minutes each. If you desire to speak to the Planning Director about an item not listed on the
Agenda, a white "Request to Speak" form should be filled out and filed with the Planning
Director.
When you are called to speak, please come forward and state your name and address.
Item No. 1
Project Number:
Project Type:
Project Title:
Applicant:
Project Description:
Location:
Environmental Action:
Project Planner:
ACTION:
1:30 p.m.
PA09-0338
Conditional Use Permit
The Empowerment Center MCUP
Tiffany Baker
A Minor Conditional Use Permit fora religious facilitywithout daycare
or an educational component
27262 Via Industria
CEQA Categorically Exempt per Section 15301, Class 1 Existing
Facilities
Eric Jones
APPROVED
DATE OF MEETING:
PREPARED BY:
APPLICANT NAME:
PROJECT
SUMMARY:
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
February 17, 2010
Eric Jones, Case Planner
Jim Ferrin, Michael Crews Development
Planning Application Number PA09-0232, the first Extension of
Time (no changes proposed) for Planning Application No. PA07-
0132, a Development Plan for the construction of a one-story,
13,958 square foot commercial building generally located on the
southwest corner of Landings and Village Roads within the
Harveston Specific Plan
CEQA: Categorically Exempt
Section 15162, Subsequent EIR's and Negative Declarations
RECOMMENDATION: Approve with Conditions
BACKGROUND SUMMARY
Staff has worked with the applicant to ensure that all concerns have been addressed, and the
applicant concurs with the recommended Conditions of Approval.
ANALYSIS
Planning Application No. PA09-0232, submitted by James Ferrin, is a request for the first
Extension of Time for a previously approved Development Plan. Planning Application No.
PA07-0132 was originally approved by the Planning Commission on July 18, 2007. The
applicant would like to request an Extension of Time in order to obtain financing.
Planning Application No. PA07-0132 is a Development Plan to construct a one-story, 13,958
square foot commercial building on the southwest corner of Landings and Village Roads within
the Harveston Specific Plan. An existing 5,009 square foot welcome center is also located on
the parcel.
The expiration of the Development Plan was July 18, 2009. Pursuant to Section 17.05.010.H of
the Development Code, the applicant filed the Extension of Time on July 16, 2009. No changes
have been proposed as part of the Extension of Time Application.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on February 6, 2010 and mailed to
the property owners within the required 600 -foot radius.
1
ENVIRONMENTAL DETERMINATION
No changes have been proposed to the original approval as part of the Extension of Time
Application. As such, the proposed project has been determined to be consistent with the
previously approved EIR and is exempt from further Environmental Review (CEQA Section
15162 subsequent EIR's and Negative Declarations).
RECOMMENDATION
Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the
City's General Plan, Development Code, and applicable ordinances, standards, guidelines, and
policies. Therefore, staff recommends that the Planning Commission approve the Extension of
Time based upon the original findings and the attached Conditions of Approval.
ATTACHMENTS
Vicinity Map
PC Resolution
Exhibit A - Draft Conditions of Approval
Planning Commission Staff Report Dated July 18, 2007
Notice of Public Hearing
2
—GRENACHE C.T
RUST/
1,740 2,320
Feet
PC RESOLUTION NO. 10-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA09-0232, THE FIRST EXTENSION
OF TIME (NO CHANGES PROPOSED) FOR PLANNING
APPLICATION NO. PA07-0132, A DEVELOPMENT PLAN
FOR THE CONSTRUCTION OF A ONE-STORY, 13,958
SQUARE FOOT COMMERCIAL BUILDING GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF
LANDINGS AND VILLAGE ROADS WITHIN THE
HARVESTON SPECIFIC PLAN (APN 916-560-006)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On July, 18, 2007 the Planning Commission approved Planning
Application No. PA07-0132 (Development Plan).
B. On July 16, 2009, Jim Ferrin, Michael Crews Development, filed Planning
Application No. PA09-0232, an Extension of Time Application in a manner in accord
with the City of Temecula General Plan and Development Code.
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on February 17, 2010, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
E. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission approved Planning Application No. PA09-0232
subject to and based upon the findings set forth hereunder.
F. 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:
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The Extension of Time proposed for the project is consistent with the General
Plan land use policies as well as all applicable requirements of State law and
other Ordinances of the City. Further, the proposed commercial development
project is consistent with the use regulations outlined in the Harveston Specific
Plan for the Mixed Use zoning overlay. The uses outlined for this overlay are
commercial in nature.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The project has been reviewed for, and as conditioned, has been found to be
consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a
manner consistent with the public health, safety and welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Extension of Time Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(15162, Subsequent EIR's and Negative Declarations).
No changes have been proposed to the original approval as part of the Extension
of Time Application. As such, the proposed project has been determined to be
consistent with the previously approved EIR and is exempt from further
Environmental Review
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA09-0232, the first Extension of Time for Planning
Application No. PA07-0132, a Development Plan for the construction of a one-story,
13,958 square foot commercial building generally located on the southwest corner of
Landings and Village Roads within the Harveston Specific Plan, 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 17th day of February 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 17th day of February 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA09-0232
Project Description:
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Approval Date:
The first Extension of Time (no changes proposed) for Planning
Application No. PA07-0132, a Development Plan for the construction
of a one-story, 13,958 square foot commercial building generally
located on the southwest corner of Landings and Village Roads
within the Harveston Specific Plan
916-560-006
Commercial
Per Development Agreement - Harveston
Per Development Agreement- Harveston
February 17, 2010
Expiration Date: July 18, 2010
PLANNING DEPARTMENT
Within 48 Hours of the Approval of This Project
PL -1.
The applicant/developer shall deliver to the Planning Department a cashier's check or
money order made payable to the County Clerk in the amount of 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)).
General Requirements
PL -2. The Planning Director may, upon an application being filed within 30 days prior to
expiration, and for good cause, grant a time extension of up to 2 one-year extensions of
time, one year at a time.
PL -3. This project is subject to the Conditions of Approval for Planning Application No. PA07-
0132, unless modified herein.
OUTSIDE AGENCIES
PL -4. The applicant shall comply with the recommendations set forth in the County of
Riverside Department of Environmental Health's transmittal dated May 4, 2007, a copy
of which is attached.
BUILDING AND SAFETY DEPARTMENT
B-1 This project is subject to the Conditions of Approval for Planning Application No. PA07-
0132, unless modified herein.
COMMUNITY SERVICES DEPARTMENT
CS -1 This project is subject to the Conditions of Approval for Planning Application No. PA07-
0132, unless modified herein.
FIRE PREVENTION
F-1 This project is subject to the Conditions of Approval for Planning Application No. PA07-
0132, unless modified herein.
PUBLIC WORKS DEPARTMENT
PW -1 This project is subject to the Conditions of Approval for Planning Application No. PA07-
0132, unless modified herein.
PW -2
The draft WQMP (reviewed on 06/27/07 but not conceptually accepted) must be
updated, in its entirety to reflect any changes to the site layout. Please contact Aldo
Licitra for questions at (951) 308-6387.
Z.A4A
p C JUNTY OF RIVERSIDE • HEALI.1 SERVICES AGENCY
\..p.EPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c% Christine Damko
PO BOX 9033
Temecula, CA 92589-9033
4 May 2007
RE: PA07-0132
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0132 for the Development Plan (DP) for Michael Crews Commercial Development for
the construction of a one story commercial building for the Haraveston Specific Plan.
The development plan application for the 13,958 square foot building located on the
north West corner of Landing Road and Village Road (APN 916-560-006) shall be
connected to a potable water line and sanitary sewer from the closest purveyor. A water
and sewer availability letter shall be required by the City of Temecula at time of building
plan submittal to the City.
Any food vending or restaurant.use of the building shall require food plan check
compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
1///
Gregor Dellen ach, REHS
EHS071592
Local Enforcement Agency • P.O. Box 1280, Riverside, CA 925024280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside,CA 92501
Land Use and Water Engineering • P.O. Box 1206, Riverside, CA 92502-1206 • (909) 955-8980 • FAX. (909)955-8903 • 4080 Lemon Street, 2nd Floor. Riverside, CA 92501
DATE OF MEETING:
PREPARED BY:
PROJECT
DESCRIPTION:
RECOMMENDATION:
CEQA:
ORIGINAL
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
July 18, 2007
Christine Damko TITLE: Associate Planner
Planning Application Number PA07-0132 is a Development Plan for
the construction of a one-story 13,958 square foot commercial
building located on the northwest corner of Landings and Village
Roads within the Harveston Specific Plan
® Approve with Conditions
❑ Deny
❑ Continue for Redesign
❑ Continue to:
❑ Recommend Approval with Conditions
❑ Recommend Denial
❑ Categorically Exempt (Section)
(Class)
❑ Notice of Determination (Section) 15162, Subsequent E1R
❑ Negative Declaration
[[ Mitigated Negative Declaration with Monitoring Plan
❑ EIR
G:IPlanning120071PA07-0132 Harveston Village\Planning\PC STAFF REPORT.doc
PROJECT DATA SUMMARY
Name of Applicant: James Ferrin, Michael Crews Commercial Development
Date of Completion: April 27, 2007
Mandatory Action Deadline Date: July 18, 2007
General Plan Designation: Medium Density Residential
Zoning Designation: SP -13, Harveston Specific Plan
Site/Surrounding Land Use: Medium Density Residential with a mixed use overlay per
Harveston Specific Plan
Site: Existing Welcome Home Center, parking lot, landscaping
North: Existing Single -Family Residential
South: Existing Cape May apartments
East: Existing day care facility
West: Harveston Lake
Lot Area:
Total Floor Area/Ratio:
Landscape Area/Coverage:
Parking Required/Provided:
BACKGROUND SUMMARY
106,896 (2.54 acres)
17.7%
48,142 square feet/45%
95 spaces required/95 spaces proposed
On April 27, 2007, James Ferrin representing Michael Crews Commercial Development,
submitted Planning Application PA07-0132 for review. On May 24, 2007, staff met with the
applicant to discuss architecture and site plan issues. On June 7, 2007, the applicant
resubmitted revised plans. Staff has worked with the applicant to ensure that all concerns have
been addressed, and the applicant concurs with the recommended Conditions of Approval.
ANALYSIS
Site Plan
The Welcome Home Center, parking lot, pedestrian pathways, driveways, light standards, and
landscaping were previously approved by the Planning Commission under a separate permit
and already exist onsite. The current project proposes to construct a 13,958 square foot single
story commercial building. The project conforms to the development regulations listed in the
Harveston Specific Plan. There are no minimum lot area requirements or floor area ratio
(FAR) requirements within the Specific Plan. Instead, to promote an urban environment, the
Specific Plan requires a zero lot line for the front and side setbacks, and a ten -foot rear
building setback to create a buffer between the residential and commercial uses. The project
G:IPlanning120071PA07-0132 Harveston ViclagelPlanning\PC STAFF-REPGRT.doc
2
will include re -striping the existing parking lot and constructing an additional trash enclosure to
the site.
The Harveston Specific Plan envisioned the site to be pedestrian friendly and a place for the
community to gather. With this in mind, it was imperative for the applicant to provide outdoor
pedestrian plazas and seating areas. The project proposes three distinct plazas/seating areas
along Village Road. The first area located on the main entry corner of the development
consists of roughly 200 square feet of space that will be separated by an existing low brick wall
and landscaping. The second area, located near the center of the site, will be covered by the
proposed building's solid patio cover and will consist of roughly 500 square feet. The third
area will be located on the corner of Village and Landing Roads and will consist of roughly 600
square feet. A trellis feature, potted plants, and a water feature on this corner will enhance this
area.
Architecture
The proposed development is consistent with the Harveston Specific Plan. The project meets
the height requirements of 50 feet and will screen all roof top mechanical equipment. The
proposed architectural style continues the eclectic "Cape Cod" architectural theme which exists
through out the Harveston Development. The applicant designed the building to integrate the
existing architecture of the adjacent Welcome Horne Center, ABC Day Care facility, and the
Cape May apartments while at the same time creating an exciting and unique neighborhood
commercial experience. The applicant has paid careful attention to the elevations ensuring
that four sided architecture is represented. Details such as dramatic roof line variations
including dormers and slanted roof lines, varying first and second story elements, decorative
windows with shutters, various window shapes and sizes, decorative trellis features, and
decorative lighting are used to create the look of this building. Building materials such as hardi
plank siding and shingle siding painted in sage greens and reds are used along with brick
veneer accents on the low walls, fountain, and existing planters on Village Road. An asphalt
shingle roof material in a fossil gray color is proposed for the roof to match the existing
Welcome Home Center. The footprint of the building includes variations and setbacks on both
the front and rear of the building ranging from two to 15 feet.
Landscaping
Although the majority of the landscaping already exists, the project does propose new
landscaping around the building. Magnolia trees in 36" boxes, Date Palms, Shrubby Yew
Pines in 15 -gallon sizes, Rosemary in one -gallon sizes, and India Hawthorn species in five -
gallon sizes are proposed including various sizes of potted plants. The landscaping plan
conforms to the landscape requirements of the Harveston Specific Plan.
Access, Circulation, and Parking
The Department of Public Works has analyzed the proposed traffic impact of the project and
has determined that the impacts are consistent with the traffic volumes projected for the site by
the previously approved City General Plan EIR and the Harveston Specific Plan EIR. The Fire
Department has also reviewed the plan and determined that there is proper access and
circulation to provide emergency vehicles to the site.
G:1Planning120071PA07-0132 Harveston ViUlage\Planning\PC STAFF REPORT.doc
3
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on July 7, 2007 and mailed to the
property owners within the required 600 -radius.
ENVIRONMENTAL DETERMINATION
The proposed project has been determined to be consistent with the previously approved EIR
and is exempt from further Environmental Review (CEQA Section 15162 subsequent EIR's
and Negative Declarations).
CONCLUSION/RECOMMENDATION
Staff has determined that the proposed project, as conditioned, is consistent with the
Harveston Specific Plan, and all applicable ordinances, standards, guidelines, and policies.
Therefore, staff recommends that the Planning Commission approve the Development Plan
PA07-0132, based upon the findings and with the attached Conditions of Approval.
FINDINGS
Development Plan (Code Section 17.05.010F)
1. The proposed use is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other ordinances of the City.
The proposal is consistent with the land use designation and policies reflected for the
Medium Density Residential (LM) development in the City of Temecula General Plan.
The project is located within the Harveston Specific Plan, which designates the parcel
as Low Medium Density Residential with a Mixed Use Overlay. The Mixed Use Overlay
allows for commercial uses to be permitted. The Land Use Element of the General
Plan requires that proposed buildings be compatible with the existing structures. The
proposed development is consistent with the Harveston Specific Plan. The proposed
architectural style continues the eclectic "Cape Cod" architectural theme which exists
through out the Harveston development. The applicant designed the building to
integrate the existing architecture of the adjacent Welcome Home Center, ABC Day
Care facility, and the Cape May apartments while at the same time creating an exciting
and unique neighborhood commercial experience.
2. The overall development of the land is designed for the protection of the public health,
safety, and general welfare.
The Welcome Home Center, parking lot, pedestrian pathways, driveways, light
standards, and landscaping were previously approved by the Planning Commission
under. a separate permit and already exist onsite. The current project proposes to
construct a 13,958 square foot single story commercial building. The project conforms
to the development regulations listed in the _ Harveston . Specific .: Plan .:and _ the
Development Code. The project will include re -striping the existing parking lot and
constructing an additional trash enclosure to the site. The proposed architecture and
sitelayout_.. forthe project. have .been reviewed utilizing the Mixed Use Overlay
C:IPlanning120071PA07-0132 Harveston Village\Planning\PC STAFF REPORT.doc
4
standards of the Harveston Specific Plan. The project has been reviewed for, and as
conditioned, has been found to be consistent with, all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be constructed
and function in a manner consistent with the public health, safety, and welfare.
ATTACHMENTS
1. Vicinity Map — Blue Page 6
2. Plan Reductions — Blue Page 7
3. PC Resolution 07- — Blue Page 8
Exhibit A — Draft Conditions of Approval
4. Notice of Public Hearing — Blue Page 9
G:IPlanning120071PA07-0932 Hanreston VillagelPlanning\PC STAFF REPORT.doc
5
ATTACHMENT NO. 1
VICINITY MAP
G:1Planning120071PA07-0132 Harveston ViilagelPlanning\PC STAFF REPORT.doc
ATTACHMENT NO. 2
PLAN REDUCTIONS
G`.1Planning120071PA07-0132 Harveston VillagelPlanning\PC STAFF REPORT:doc
7
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TRACT 29639-1 - LOT 9-HARVESTON VILLAGE
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COMMERCIAL DEVELOPMENT
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CONCEPTUAL GRADING PLAN
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TRACT 29639-1 LOT 9
Clay of Temecula
Salt
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u 1
9
4
8
6
3
fr
EAST ELEVATION FACING VILLAGE ROAD
WEST ELEVATION - FACING PARKING AREA
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1111�01�9111i1'
NORTH ELEVATION - FACING LANDINGS ROAD
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rior Elevations
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5.0
SUITE K
1,520 SF
SUITE I
960 SF
SUITE F
,450 SF
SUITE C
1,196 SF
SUITE J
1,360 SF
E'LOO12.PLAN-
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3"=1, 0,:
.711isc. Construction Details
•
CDP Packape 6.07.07
ATTACHMENT NO. 3
PC RESOLUTION NO. 07-
G:IPlanning120071PA07-0132 FEarveston Village\Planning\PC STAFF REPORT.doc
8
PC RESOLUTION NO. 07-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA07-0132, A DEVELOPMENT PLAN
FOR THE CONSTRUCTION OF A ONE-STORY 13,958
SQUARE FOOT COMMERCIAL BUILDING LOCATED ON
THE NORTH WEST CORNER OF LANDINGS AND
VILLAGE ROADS WITHIN THE HARVESTON SPECIFIC
PLAN (APN: 916-560-006)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 27, 2007, James Ferrin representing Michael Crews Commercial
Development filed Planning Application No. PA 07-0132 (Development Plan) 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 18, 2007, 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. PA07-0132
subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Plan (Code Section 17.05.010F)
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of state law and other ordinances of the City;
The proposal is consistent with the land use designation and policies reflected
for the Medium Density Residential (LM) development in the City of Temecula
General Plan. The project is included with the Harveston Specific Plan, which
designates the parcel as Low -Medium Density Residential with a Mixed Use
Overlay. The Mixed Use Overlay allows for commercial uses to be permitted.
The. Land Use Element.of .the General Plan requires that proposed buildings be
compatible with the existing structures. The proposed development is
consistent with the _Harveston Specific Plan. The proposed architectural style
G:1Planning120071PA07-0132 Harveston Village\Pianning\PC RESOLUTION NO.doc
continues the eclectic "Cape Cod" architectural theme which exists through out
the Harveston development. The applicant designed the building to integrate
the existing architecture of the adjacent Welcome Home Center, ABC Day Care
facility, and the Cape May apartments while at the same time creating an
exciting and unique neighborhood commercial experience.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
The Welcome Home Center, parking lot, pedestrian pathways, driveways, light
standards, and landscaping were previously approved by the Planning
Commission under a separate permit and already exist onsite. The current
project proposes to construct a 13,958 square foot single story commercial
building. The project conforms to the development regulations listed in the
Harveston Specific Plan and the Development Code. The project will include re -
striping the existing parking lot and constructing an additional trash enclosure to
the site. The proposed architecture and site layout for the project have been
reviewed utilizing the Mixed Use Overlay standards of the Harveston Specific
Plan. The project has been reviewed for, and as conditioned, has been found to
be consistent with, all applicable policies, guidelines, standards and regulations
intended to ensure that the development will be constructed and function in a
manner consistent with the public health, safety, and welfare.
Section 3. Environmental Compliance. In accordance with the California
Environmental Quality Act, the proposed project has been deemed to be consistent with
the previously approved EIR for the Harveston Specific Plan and is exempt from further
Environmental Review (CEQA Section 15162, Subsequent EIR's).
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA07-01312, a Development Plan for the
construction of a one-story 13,958 square foot commercial building located on the north
west corner of Landings and Village Roads within the Harveston Specific Plan subject to
the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
G:IPlanning120071PA07-0132 Harveston Village\Planning\PC RESOLUTION NO.doc
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 18th day of July 2007.
ATTEST:
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
) ss
Dennis Chiniaeff, Chairman
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07- was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th
day of July 2007, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Debbie Ubnoske, Secretary
G:1Planning120071PA0.7-.0132. Harveston Village\Planning\P.C.RESOLUTION NO.doc
3
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
G.;1Planning120071PA07-0132 Harveston VillagelPlanning\PC RESOLUTION NO_doc
4
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA07-0132
Project Description:
A Development Plan for the construction of a one-story,
13,958 square foot commercial building located on the
northwest corner of Landings and Village Roads within
the Harveston Specific Plan
Assessor's Parcel No. 916-560-006
MSHCP Category: Commercial
DIF Category: See Harveston Specific Plan Development Agreement
TUMF Category: See Harveston Specific Plan Development Agreement
Approval Date: July 18, 2007
Expiration Date: July 18, 2009
WITHIN 48 HOURS OF THE APPROVAL OF THIS PROJECT
Planning Department
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 One Thousand Eight
Hundred and Sixty -Four Dollars ($1,864.00) which includes the One Thousand Eight
Hundred Dollar ($1,800.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus
the Sixty Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice
of Determination for the Mitigated or Negative Declaration required under Public Resources
Code Section 21152 and California Code of Regulations Section 15075. 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)].
G: IPlanning120071PA07-0132 Harveston VillagelPlanning1MASTER COA=BY TIMING MECH 01.07_2.doc
1
GENERAL REQUIREMENTS
G:1Planning120071PA07-0132 Harveston Village\Planning\MASTER COA=BY TIMING MECH 01.07 2.doc
2
Planning Department
2. The applicant shall sign both copies of the final Conditions of Approval that will be provided
by the Planning Department staff, and return one signed set to the Planning Department for
their files.
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.
4. The permittee shall obtain City approval for any modifications or revisions to the approval of
this project.
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.
6.
7.
8.
A separate building permit shall be required for all signage. A Sign Program will be required
and will be reviewed by the Planning Commission.
The development of the premises shall substantially conform to the approved site plan and
elevations contained on file with the Planning Department.
The Conditions of Approval specified in this resolution, to the extent specific items,
materials, equipment, techniques, finishes or similar matters are specified, shall be deemed
satisfied by staffs prior approval of the use or utilization of an item, material, equipment,
finish or technique that City staff determines to be the substantial equivalent of that required
by the condition of approval. Staff may elect to reject the request to substitute, in which
case the real party in interest may appeal, after payment of the regular cost of an appeal,
the decision to the Planning Commission for its decision.
Material
Main exterior. paint
Accent paint
Accent paint on wood trim,
gutters, doors, columns,
trellis, shutters
Color
Sherwin. Williams
Sherwin Williams
Red _.
Sherwin Williams
SW6178 Clary Sage
SW2839 Roycroft Copper
SW7006 Extra White
G:LPlanning120071PA07-0132 Harveston Village\Planning\MASTER COA-BY TIMING MECH 01.07— 2.doc
3
Awnings
Roof
Canvas material in Secret Garden with white
edge piping
Elk Roofing- Capstone series Class A
asphalt/fiberglass color is Fossil Gray
9. 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.
10. The applicant shall submit to the Planning Department for permanent filing two 8" X 10"
glossy photographic color prints of the approved Color and Materials Board and the colored
architectural elevations. All labels on the Color and Materials Board and Elevations shall be
readable on the photographic prints.
11. Trash enclosures shall be provided to house all trash receptacles utilized on the site. All
trash enclosures shall be architecturally compatible with the building architecture and
contain an overhead trellis.
Public Works Department
12. A Grading Permit for precise grading, including all on-site fiat work and improvements, shall
be obtained from the Department of Public Works prior to commencement of any
construction outside of the City -maintained street right-of-way.
13. An Encroachment Permit shall be obtained from the Department of Public Works prior to
commencement of any construction within an existing or proposed City right-of-way.
14. All grading plans shall be coordinated for consistency with adjacent projects and existing
improvements contiguous to the site and shall be submitted on standard 24" x 36" City of
Temecula mylars.
15. The project shall include construction -phase pollution prevention controls and permanent
post -construction water quality protection measures into the design of the project to prevent
non -permitted runoff from discharging offsite or entering any storm drain system or receiving
water.
16. A Water Quality Management Plan (WQMP) must be accepted by the City prior to the initial
grading plan check.. The WQMP will be prepared by a registered Civil Engineer and include
site design BMPs (Best Management Practices), source controls, and treatment
mechanisms.
17. The Applicant shall comply with all underlying Conditions of Approval for Harveston Specific
Plan No. 13 (PA99-0418) as approved on August 14, 2001.
18. The Applicant shall comply with all underlying Conditions of Approval for Tentative Tract
Map No. 29639 (PA00-0295) as approved on August 14, 2001........
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Building and Safety Department
19. All design components shall comply with applicable provisions of the 2001 edition of the
California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code;
California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access
Regulations, and the Temecula Municipal Code.
20. The City of Temecula has adopted an ordinance to collect fees for a Riverside County area
wide Transportation Uniform Mitigation Fee (TUMF.) Upon the adoption of this ordinance
on March 31, 2003, this project will be subject to payment of these fees at the time of
building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01
and the fee schedule in effect at the time of building permit issuance.
21. A receipt or clearance letter from the Temecula Valley School District shall be submitted to
the Building and Safety Department to ensure the payment or exemption from School
Mitigation Fees.
22. Obtain all building plans and permit approvals prior to commencement of any construction
work.
23. Developments with Multi -tenant Buildings or shell buildings shall provide a house electrical
meter to provide power for the operation of exterior lighting, irrigation pedestals and fire
alarm systems for each building on the site. Developments with Single User Buildings shall
clearly show on the plans the location of a dedicated panel in place for the purpose of the
operation of exterior lighting and fire alarm systems when a house meter is not specifically
proposed.
24. Trash enclosures, patio covers, Tight standards, and any block walls if not on the approved
building plans, will require separate approvals and permits.
25. Signage shall be posted conspicuously at the entrance to the project that the indicates the
hours of construction, shown below, as allowed by the City of Temecula Ordinance No 94-
21, specifically Section G (1) of Riverside county Ordinance No 457.73, for any site within
one-quarter mile of an occupied residence.
Monday -Friday
Saturday
6:30 a.rn. — 6:30 p.m.
7:00 a.m. — 6:30 p.m.
No work is permitted on Sundays or Government Holidays
26. Obtain street addressing for all proposed buildings prior to submittal for plan review. Site
plan to indicate all suites numbering in direct correlation with addressing and proposed
buildings.
Fire Prevention Bureau
27. 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.
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28. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or
construction of all commercial buildings per CFC Appendix III.A, Table A -11l -A-1. The
developer shall provide for this project, a water system capable of delivering 4,000 GPM at
20 PSI residual operating pressure for a 4 hour duration (CFC 903.2, Appendix III -A).
29. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC
Appendix I11 -B, Table A -III -B-1. A combination of on-site and off-site (6" x 4" x 2-2 112"
outlets) shall be located on Fire Department access roads and adjacent public streets.
Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no
more than 210 feet from any point on the street or Fire Department access road(s) frontage
to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the
system. The upgrade of existing fire hydrants may be required (CFC 903.2, 903.4.2, and
Appendix III -B).
30. If construction is phased, each phase shall provide approved access and fire protection
prior to any building construction (CFC 8704.2 and 902.2.2).
Community Services Department
31. The trash enclosure shall be large enough to accommodate a recycling bin, as well as,
regular solid waste containers.
32. All parkways, landscaping, fencing and on site lighting shall be maintained by the property
owner or maintenance association.
33. All existing pedestrian access to the Lake Park shall remain in place.
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PRIOR TO ISSUANCE OF GRADING PERMITS
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Planning Department
34. Double detector check valves shall be either installed underground or internal to the project
site at locations not visible from the public right-of-way, subject to review and approval by
the Director of Planning.
35. The following shall be included in the Notes Section of the Grading Plan: "If at any time
during excavation/construction of the site, archaeological/cultural resources, or any artifacts
or other objects which reasonably appears to be evidence of cultural or archaeological
resource are discovered, the property owner shall immediately advise the City of such and
the City shall cause all further excavation or other disturbance of the affected area to
immediately cease. The Director of Planning at his/her sole discretion may require the
property to deposit a sum of money it deems reasonably necessary to allow the City to
consult and/or authorize an independent, fully qualified specialist to inspect the site at no
cost to the City, in order to assess the significance of the find. Upon determining that the
discovery is not an archaeological/cultural resource, the Director of Planning shall notify the
property owner of such determination and shall authorize the resumption of work. Upon
determining that the discovery is an archaeological/cultural resource, the Director of
Planning shall notify the property owner that no further excavation or development may take
place until a mitigation plan or other corrective measures have been approved by the
Director of Planning."
Public Works Department
36. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and
approved by the Department of Public Works. The grading plan shall include all necessary
erosion control measures needed to adequately protect adjacent public and private
property.
37. The Developer shall post security and enter into an agreement guaranteeing the grading
and erosion control improvements in conformance with applicable City Standards and
subject to approval by the Department of Public Works.
38. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the
Director of the Department of Public Works with the initial grading plan check. The report
shall address all soils conditions of the site, and provide recommendations for the
construction of engineered structures and pavement sections.
39. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in
accordance with City Standards identifying storm water runoff expected from this site and
upstream of this site. The study shall identify all existing or proposed public or private
drainage facilities intended to discharge this runoff. The study shall also analyze and
identify impacts to downstream properties and provide specific recommendations to protect
the properties and mitigate any impacts Any upgrading or upsizing of downstream
facilities, including acquisition of drainage or access easements necessary to make required
improvements, shall be provided by the Developer.
40. Construction -phase pollution prevention controls shall be consistent with the City's Grading,
Erosion & Sediment Control Ordinance and--associated-technical manual, and the City's
standard notes for Erosion and Sediment Control._
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41. The project shall demonstrate coverage under the State NPDES General Permit for
Construction Activities by providing a copy of the Waste Discharge identification number
(WDID) issued by the State Water Resources. Control Board (SWRCB). A Stormwater
Pollution Prevention Plan (SWPPP) shall be available at the site throughout the duration of
construction activities.
42. As deemed necessary by the Director of the Department of Public Works, the Developer
shall receive written clearance from the following agencies:
a. Planning Department
b. Department of Public Works
43. The Developer shall comply with all constraints which may be shown upon an
Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the
subject property.
44. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal
Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by
providing documented evidence that the fees have already been paid.
45. The Developer shall obtain any necessary letters of approval or slope easements for off-site
work performed on adjacent properties as directed by the Department of Public Works.
Fire Prevention Bureau
46. As required by the California Fire Code, when any portion of the facility is in excess of 150
feet from a water supply on a public street, as measured by an approved route around the
exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire
flow shall be provided. For this project on site fire hydrants are required (CFC 903.2).
47. Prior to building construction, all locations where structures are to be built shall have
approved temporary Fire Department vehicle access roads for use until permanent roads
are installed. Temporary Fire Department access roads shall be an all weather surface for
80,000 Ibs. GVW (CFC 8704.2 and 902.2.2.2).
48. Fire Department vehicle access roads shall have an unobstructed width of not less than
twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13)
feet six (6) inches (CFC 902.2.2.1).
49. .Prior to building construction, dead end road ways and streets in excess of one hundred
and fifty (150) feet which have not been completed shall have a turnaround capable of
accommodating fire apparatus (CFC 902.2.2.4).
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PRIOR TO ISSUANCE OF BUILDING PERMIT
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Planning Department
50. The applicant shall submit a photometric plan, including the parking lot to the Planning
Department, which meets the requirements of the Development Code and the Palomar
Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not
adversely impact the growth potential of the parking lot trees.
51. All downspouts shall be internalized.
52. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and
approved by the Planning Department. These plans shall conform to the approved
conceptual landscape plan, or as amended by these conditions. The location, number,
genus, species, and container size of the plants shall be shown. The plans shall be
consistent with the Water Efficient Ordinance. The plans shall be accompanied by the
following items:
a.
b.
c.
Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal).
Provide a minimum five foot wide planter to be installed at the perimeter of all
parking areas. Curbs, walkways, etc. are not to infringe on this area.
A note on the plans stating that "Two landscape inspections are required: one
inspection is required for irrigation lines and a separate inspection is required for
final planting inspection."
d. A note on the plans stating that "The contractor shall provide two copies of an
agronomic soils report at the first irrigation inspection."
e. One copy of the approved grading plan.
f. Water usage calculations per Chapter 17.32 of the Development Code (Water
Efficient Ordinance).
Total cost estimate of plantings and irrigation (in accordance with approved plan).
A landscape maintenance program shall be submitted for approval, which details the
proper maintenance of all proposed plant materials to assure proper growth and
landscape development for the long-term esthetics of the property. The approved
maintenance program shall be provided to the landscape maintenance contractor
who shall be responsible to carry out the detailed program.
i. Specifications shall indicate that a minimum of two landscape site inspections will be
required. One inspection to verify that the irrigation mainline is capable of being
pressurized to 150 psi for a minimum period of two (2) hours without loss of
pressure. The second inspection will verify that all irrigation systems have head-to-
head coverage, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The applicant/owner shall contact the
Planning Department to schedule inspections.
53. All utilities -shall be screened from public view. Landscape construction drawings shall show
and label all utilities and provide appropriate screening. Provide a 3' clear zone around fire
check detectors- as required by the Fire Department before starting the screen. Group
utilitiestogether in order to reduce intrusion. Screeningof utilities is not to look like an after-
thought. Plan planting beds and design around utilities. Locate all light poles on plans and
insure that there are no conflicts with trees.
g.
h.
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54. Building Construction Plans shall include detailed outdoor areas (including but not limited to
trellises, decorative furniture, fountains, and hardscape to match the style of the building
subject to the approval of the Planning Director.
55. Building plans shall indicate that all roof hatches shall be painted "International Orange".
56. The construction plans shall indicate the application of painted rooftop addressing plotted on
a 9 -inch grid pattern with 45 -inch tall numerals spaced 9 -inches apart. The numerals shall
be painted with a standard 9 -inch paint roller using fluorescent yellow paint applied over a
contrasting background. The address shall be oriented to the street and placed as closely
as possible to the edge of the building closest to the street.
Public Works Department
57. Precise grading plans shall conform to applicable City of Temecula Standards subject to
approval by the Director of the Department of Public Works. The following design criteria
shall be observed:
a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C.
paving.
b. Landscaping shall be limited in the corner cut-off area of all intersections and
adjacent to driveways to provide for minimum sight distance and visibility.
58. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic
Engineer and reviewed by the Director of the Department of Public Works for any street
closure and detour or other disruption to traffic circulation as required by the Department of
Public Works.
59. The building pad shall be certified to have been substantially constructed in accordance with
the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer
shall issue a Final Soil Report addressing compaction and site conditions.
60. The Developer shall pay to the City the Public Facilities Development Impact Fee as
required by, and in accordance with the Development Agreement between the City and
Developer dated August 28, 2001.
Building and Safety Department
61. Truss calculations that are stamped by the engineer of record and the truss manufacturer
engineer are required for plan review submittal.
62. A pre -construction meeting is required with the building inspector prior to the start of the
building construction.
Fire Prevention Bureau
63.. Prior to_ issuance of building permits, the developer shall furnishthree copies ofthe water
system plans directly to the Fire Prevention Bureau for approval prior to installation_ Plans .:
shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval
signature block; and conform to hydrant type, location, spacing and minimum fire flow
standards. After the plans are signed by the local water company, the originals shall be
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presented to the Fire Prevention Bureau for signatures. The required water system
including fire hydrants shall be installed and accepted by the appropriate water agency prior
to any combustible building materials being placed on an individual lot.(CFC 8704.3,
901.2.2.2 and National Fire Protection Association 24 1-4.1).
64. Prior to building permit, all locations where structures are to be built shall have approved
Fire Department vehicle access roads to within 150 feet to any portion of the facility or any
portion of an exterior wall of the building(s). Fire Department access roads shall be an all
weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet
(CFC sec 902).
65. Prior to issuance of building permit 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.
66. Prior to issuance of building permit 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.
Community Services Department
67. The developer shall contact the City's franchised solid waste hauler for disposal of
construction debris. Only the City's franchisee may haul construction debris.
68. On the Site Plan, page 1.0 below EXIST WELCOME CENTER contains the wording "High
Density Residential." This wording is to be deleted prior to issuance of building permits.
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PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY
THIS PERMIT
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Planning Department
69. Prior to the release of power, occupancy, or any use allowed by this permit, the applicant
shall be required to screen all loading areas and roof mounted mechanical equipment from
view of the adjacent residences and public right-of-ways. If upon final inspection it is
determined that any mechanical equipment, roof equipment or backs of building parapet
walls are visible from any portion of the public right-of-way adjacent to the project site, the
developer shall provide screening by constructing a sloping tile covered mansard roof
element or other screening if reviewed and approved by the Director of Planning:
70. Ali required landscape planting and irrigation shall have been installed consistent with the
approved construction plans and shall be in a condition acceptable to the Director of
Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation
system shall be properly constructed and in good working order.
71. Performance securities, in amounts to be determined by the Director of Planning, to
guarantee the maintenance of the plantings in accordance with the approved construction
landscape and irrigation plan shall be filed with the Planning Department fora period of one
year from final certificate of occupancy. After that year, if the landscaping and irrigation
system have been maintained in a condition satisfactory to the Director of Planning, the
bond shall be released upon request by the applicant.
72. Each parking space reserved for the handicapped shall be identified by a permanently
affixed refiectorized 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 Tess 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."
73. 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.
74. All site improvements including but not limited to parking areas and striping shall be
installed prior to occupancy or any use allowed by this permit.
75. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed
by this permit.
Public Works Department
76.
The project shall demonstrate that the pollution prevention BMPs outlined in the WQMP
have been: constructed and installed in conformance with approved plans and are ready for
immediate implementation.
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77. As deemed necessary by the Department of Public Works, the Developer shall receive
written clearance from the following agencies:
a. Rancho California Water District
b. Eastern Municipal Water District
c. Department of Public Works
78. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall
be repaired or removed and replaced to the satisfaction of the Director of the Department of
Public Works.
Fire Prevention Bureau
79. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers"
shall be installed to identify fire hydrant locations (CFC 901.4.3).
80. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or
addresses shall be provided on all new and existing buildings in such a position as to be
plainly visible and legible from the street or road fronting the property. Numbers shall be of
a contrasting color to their background. Commercial, multi -family residential and industrial
buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum
of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or
numbers on both the front and rear doors. Single family residences and multi -family
residential units shall have four (4) inch letters and for numbers, as approved by the Fire
Prevention Bureau (CFC 901.4.4).
81. Prior to issuance of Certificate of Occupancy or building final, based on square footage and
type of construction, occupancy or use, the developer shall install a fire sprinkler system
(CFC Article 10, CBC Chapter 9).
82. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for
monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm
system monitored by an approved Underwriters Laboratory listed central station. Plans
shall be submitted to the Fire Prevention Bureau for approval prior to installation (CFC
Article 10).
83. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox -Box", shall be
provided. The Knox -Box shall be installed a minimum of six (6) feet in height and be
located to the right side of the main entrance door (CFC 902.4).
84. All manual and electronic gates on required Fire Department access roads or gates
obstructing Fire Department building access shall be provided with the Knox Rapid entry
system for emergency access by fire fighting personnel (CFC 902.4).
85. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire
Department for approval, a site plan designating Fire Lanes with appropriate lane painting
and or signs.
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OUTSIDE AGENCIES
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86. The applicant shall comply with the recommendations set forth in the County of Riverside
Department of Environmental Health's transmittal dated May 4, 2007, a copy of which is
attached.
By placing my signature below, l confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in conformance
with these Conditions of Approval and that any changes I may wish to make to the project shall be
subject to Community Development Department approval.
Applicant's Signature Date
Applicant's Printed Name
G:IPlanning120071PA07-0132 Harveston VillagelPlanning\MASTER COABY TIMING MECH 01.07_2.doc
1.8..
zi#AL\_
CuuNTY OF RIVERSIDE e HEAL i SERVICES AGENCY D
DEPARTMENT OF ENVIRONMENTAL HEALTH
City of Temecula
Planning Department
c/o Christine Damko
PO BOX 9033
Temecula, CA 92589-9033
4 May 2007
RE: PA07-0132
249
The Department of Environmental Health (DEH) has received and reviewed the PA07-
0132 for the Development Plan (DP) for Michael Crews Commercial Development for
the construction of a one story commercial building for the Haraveston Specific Plan.
The development plan application for the 13,958 square foot building located on the
north West comer of Landing Road and Village Road (APN 916-560-006) shall be
connected to a potable water line and sanitary sewer from the closest purveyor. A water
and sewer availability letter shall be required by the City of Temecula at time of building
plan submittal to the City.
Any food vending or restaurantuse of the building shall require food plan check
compliance by the County of Riverside DEH.
If your have any questions, please do not hesitate to call me at 951.955.8980
Sin
r�
Gregor Dellen ach, REHS
Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501
Land Use and Water Engineering • P.O. Box 1206. Riverside, CA 92502-1206 x.(909) 955-8980 •. FAX. (909)'955-8903 • 4080 Lemon Street, 2nd Floor, Riverside, CA 92501.
ATTACHMENT NO. 4
NOTICE OF PUBLIC HEARING
GAPIanning120071PA07-0132 Harveston VillageTlanning \PC STAFF REPORT.doc
9
Case No:
Applicant:
Location:
Proposal:
CEQA Action:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Planning Application No_ PA07-0132, Harveston Village
Michael Crews Development, Inc.
Northwest corner of Landings and Village Roads within the Harveston Specific Pian
A Development Plan application for the construction of a one-story 13,958 square foot
commercial building
The proposed project is consistent with the EIR that was prepared for the Harveston
Specific Plan therefore, is exempt from further environmental review and a Notice of
Determination will be issued in compliance with CEQA Section 15162 - Subsequent EIR
Christine Damko, Associate Planner
City of Temecula, Council Chambers
43200 Business. Park Drive, Temecula, CA 92590
July 18, 2007
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 9:00 a.m. until 4:00 p.m. Questions concerning the
project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400.
G:IPlanning120071PA07-0132Harveston VillagelPlanningINotice of Public Hearing_doc
Case No:
Applicant:
Proposal:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
PA09-0232
James Ferrin, Michael Crews Development
The first Extension of Time (no changes proposed) for Planning Application PA07-
0132, a Development Plan for the construction of a one-story, 13,958 square foot
commercial building generally located on the southwest corner of Landings and
Village Roads within the Harveston Specific Plan
Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will
be adopted in compliance with CEQA (Section 15162 Subsequent EIR's and
Negative Declarations)
Case Planner: Eric Jones, (951) 506-5115
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: February 17, 2010
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 the hearing. Any petition for
judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set
forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the
Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the
Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission,
and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above
[project] in court, the challenge will be limited to only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in
this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the
California Code of Civil Procedure.
The proposed project application may be viewed at the City of Temecula Planning Department, 43200
Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project
may be addressed to the case planner at (951) 506-5115.
DATE OF MEETING:
PREPARED BY:
APPLICANT NAME:
PROJECT
SUMMARY:
CEQA:
STAFF REPORT — PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
February 17, 2010
Betsy Lowrey, Case Planner
City of Temecula
Long Range Planning Project No. LR09-0001, an Ordinance of the
City Council of the City of Temecula Amending Portions of Title 17
of the Temecula Municipal Code to revise family daycare
requirements to be consistent with State law; update public noticing
requirements, require a Conditional Use Permit for certain wine
tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time
application requirements, remove the term "granny flat," revise
guest house requirements and make other minor clarifications or
typographical corrections
Negative Declaration
RECOMMENDATION: Approve
BACKGROUND SUMMARY
The City Council adopted the Development Code in 1995. Since its adoption, the City Council
periodically amends the Development Code from time to time to improve its clarity, make
necessary corrections consistent with State Law, add or simplify regulations, or modify
provisions within the Development Code. The City's Development Code is intended to provide
the legislative framework enhancing and implementing the goals, policies, plans, principles and
standards of the Temecula General Plan. The following proposals are consistent with the
General Plan and all applicable provisions contained therein.
ANALYSIS
An overview of the proposed changes to the Development Code for each topic is outlined
below:
Family Daycare Permits
The proposed amendment revises the provisions that regulate the City's approval method for
large family day care homes so that it is consistent with State law. Currently, the City's
Development Code requires a public hearing for the approval of a large family day care which,
by definition, could allow up to fourteen children subject to certain age restrictions of the
children (small family day cares may allow up to eight children). Since State law directs
family day care homes to be administratively approved, the proposed Development Code
amendment eliminates the public hearing approval for a large family day care. A notice of
administrative approval (or denial) of a large family day care home, however, shall be mailed
1
to all property owners within 100 feet of the proposed large family day care home ten days
prior to the effective date of the decision and any affected party may then request that the
matter be presented at a public hearing for approval. In addition, approval of a large family
day care must meet certain standards set by the State which have been incorporated into the
Ordinance including the following: (1) a minimum distance of 500 feet to the nearest large
family day care home; (2) compliance with all applicable City noise regulations; and (3) one
off-street parking space shall be provided for each nonresident employee (in addition to
required residential parking) and two driveway spaces for pick-up and drop-off of children. All
family day cares require a State license to operate in compliance with all applicable State and
local health and safety requirements and regulations. The proposed amendment to the City's
Development Code regulates family day cares to the extent allowable by State law.
Public Noticing
The City of Temecula posts four feet by four feet freestanding signs at sites where projects are
proposed for hearing. For properties less than five acres in size, one sign per improved street
frontage is posted on site. For properties greater than five acres in size, two signs per improved
street frontage are posted on site. This posting is required by State law and the City of
Temecula is not mandated by State law or CEQA to any other larger supplemental signs. It is
staff's recommendation that posting consistent with State law as described herein provides
adequate signage posting for proposed projects and mandating larger or supplemental signs
creates unnecessary additional expenses to applicants. Staff proposes that the development
code be consistent with State law for posting of signs and does not mandate larger
supplemental signs; however, the Director of Planning may mandate larger or supplemental
signs for projects that may require special attention such as in cases where the land use may
intensify over its existing zoning or other instances as deemed appropriate by the City. In
addition, the proposed Amendment removes redundancy in the required language for posted,
published or mailed notices of public hearings and makes minor clarifications consistent with
State law. A redlined proposal is attached as Exhibit "A".
Granny Flats
Pursuant to State law, "Granny Flats" as defined in the Development Code is an obsolete term.
When adding a secondary living quarter to a private residence, the City's standards for
secondary dwelling units are appropriately set forth within the City's Development Code to
adequately reflect State law requirements and shall apply. Therefore, staff recommends all
references to "granny flats" be deleted.
Guest Houses
Guest houses on residential lots are restricted to 800 square feet, whereas secondary dwelling
units are allowed to be 1,200 square feet. The primary difference between a "guest house" and
a "secondary dwelling unit" is secondary dwelling units are required to have cooking and
bathroom facilities so as to function independently whereas guest houses do not need cooking
or bathroom facilities and can be simply for sleeping purposes. Property owners that would like
a guest house larger than 800 square feet (up to 1,200 feet) currently have to revise their plans
to install a bathroom and/or cooking facilities to qualify as a "secondary dwelling unit" even if
they don't want such facilities. Staff recommends that it would be appropriate to allow a guest
house to be 1,200 square feet (which is the same size limit as a secondary dwelling unit).
2
Sign Programs
A sign program is helpful to ensure all signs within larger developments are complementary and
provide harmonized design elements to enhance the development as may be uniquely
determined with a sign program. For example, the sign program for the Promenade Mall
provides cohesive harmony throughout the large development with its travertine stone
monuments and brushed aluminum letters. To date, the Planning Department has approved
119 sign programs for various existing and new retail/office centers throughout the City,
including the majority of the larger commercial developments. As intended all of these sign
programs are protected in place and serve as the guideline for each new sign approval within
these 119 centers. While comprehensive sign programs are beneficial to ensure overall
cohesiveness of larger projects, staff has determined that the existing Development Code
design standards (regulating size, material, illumination, compatibility with surroundings, etc.)
are adequate for smaller developments without requiring a sign program. Staff recommends
that future comprehensive sign programs be preserved for larger developments. Reducing sign
program requirements will help to streamline sign permits and eliminate expenses for smaller
property owners and businesses, but still achieve the high level of design review as prescribed
by the sign standards (with minor changes proposed to clarify and enhance the sign criteria)
within the City's Development Code. Staff's proposal to modify the sign design criteria and sign
program requirements is redlined on Exhibit "B" attached.
Directional Signs
The City's Development Code currently allows any official government sign, public notice or a
warning required by an applicable Federal, State or local law, regulation or ordinance to be
exempt from the commercial sign regulations within the Development Code. It is the City's
policy that such governmental signs include directional signs in the right-of-way that benefit the
general public to help find public facilities, including public colleges and universities (as well as
other public organizations or offices). This Development Code Amendment codifies this policy
and provides standards for public universities and colleges directional signs to ensure that they
are consistent with the other civic directional signs located within the City. A redlined proposal
is attached as Exhibit "C".
Wine Tasting
A "Wine Tasting Shop (including product sale for off-site consumption)" is a permitted use within
certain zones within the City. Staff recommends that clarification be provided so that it is clear
to all applicants this provision is intended for Wine Tasting Shops consistent with the
Department of Alcoholic Beverage Control License Type 02 which allows for wine tasting for
wine growers. Any Wine Tasting Shop that exceeds a Type 02 License Type would require a
City -approved Conditional Use Permit. A redlined proposal is attached as Exhibit "D."
Extension of Time
Development Plans expire two years from their approval date and may be granted up to three
one-year extensions of time. Currently projects approved by a hearing body are required to
return to the hearing body for each extension of time, even if there are no changes to the
proposal. Staff recommends streamlining the process to allow extensions of time to be
approved by the Director of Planning so long as there are no major modifications to the project
proposal. As already specified within the Code, Major modifications to projects which were
approved by the Planning Commission or City Council would still need to be considered by the
original approval body. Also, at any time the Director of Planning reserves the right to require
3
any Extension of Time to return to the approval board if needed. A redlined proposal is
attached as Exhibit "E".
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the Californian on February 6, 2010.
ENVIRONMENTAL DETERMINATION
Staff has reviewed the project in accordance with the California Environmental Quality Act
(CEQA) and based on an initial study, it has been determined the project will not have a
significant impact on the environment; therefore, a Negative Declaration has been prepared for
the project.
FINDINGS
The Planning Commission, in recommending approval of the proposed Municipal Code
amendments in Long Range Planning Project No. LR09-0001, hereby makes the following
additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the
Temecula Municipal Code.
The proposed Ordinance is in conformance with the General Plan for Temecula and with all
applicable requirements of State law and other Ordinances of the City, -
The proposed Ordinance is consistent with the Municipal Code and Development Code for the
City of Temecula;
ATTACHMENTS
Redlined Exhibits A through E
PC Resolution
Exhibit A - Draft Ordinance
Intial Study
Notice of Public Hearing
4
EXHIBIT A
17.03.040 Public hearing and notification.
A. Setting Public Hearing. A public hearing for an application shall be in accordance with the California
Government Code. The hearing date will be set before the appropriate hearing body only when the
following have occurred:
1. The planning department has determined that the application is complete.
2. All required procedures of the California Environmental Quality Act(CEQA)and Temecula
guidelines for the implementation of CEQA have been met.
B. Notice of Hearing for Review of Applications. Not less than ten days prior to the date of a public
hearing, the city clerk shall give notice including the time, place, identity of the approval body, nature of the
application, and the general location of the property under consideration. The approval body shall observe
the noticing requirements set forth as follows:
1. A copy of the notice shall be posted in at least three publicly accessible locations in the city or
published at least once in at least one local newspaper of general circulation as required by state law
and the municipal code.
2. The notice shall be mailed first class and postage pre-paid to the applicant and representative;
to the property owner or the owner's agent; to all persons whose names and addresses appear on
the latest available assessment roll of the county of Riverside as owners of property within a distance
of six hundred feet from the exterior boundaries of the site for which the application is filed (a
minimum of thirty property owners); to anyone filing a written request for notification; and to such
other persons whose property might, in the planning commission's judgment, be affected by the
establishment of the use or zone requested.
3. All posted published or mailed notices of public hearings to be conducted by the planning
director, planning commission or city council, or any other body of the city, shall contain the following:
Any petition for judicial review of a decision of the Temecula City Council, [Planning
Commission, Planning Director, or other body as appropriate] is controlled by the statute of
limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil
Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the
Temecula City Council [Planning Commission, Planning Director, or other body as appropriate]
is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision
of the Temecula City Council [Planning Commission, Planning Director, or other body as
appropriate] shall be limited to those issues raised at the hearing or in written correspondence
delivered to the City Clerk at, or prior to, the public hearing described in this notice,as provided
in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of
City Council, Planning Commission, and Planning Director public hearings are available from
the City Clerk.
Civil-Procedur •
5. Notices shall be sent to public departments, bureaus, or agencies which are determined by the
director of planning to be affected by the application or otherwise requiring notice.
6. All noticing requirements required by the California Environmental Quality Act(CEQA) and the
city guidelines for the implementation of CEQA shall be followed.
C.Posting of Property.
1. Standard Notice. The property, which is the subject of the proposed development, shall be
posted with informational signs that are four feet by four feet in size, and shall include a description
of the proposed development, the date, time, and location of the public hearing, and the location
where further information can be obtained. For properties less than five acres in size, one sign per
improved street frontage shall be posted on site. For properties greater than five acres in size, two
signs per improved street frontage shall be posted on site. For properties that are unusually shaped
or within a unique location, the director of planning may determine the location for sign posting or
require additional noticing of the proposed project. For proiects that may change or intensify the
existing use or zoning, the director of planning may require supplemental and/or larger signs.
review,
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D.Continuances. If, for any reason, testimony on a case cannot be heard or completed at the time set for
such hearing, the chair of the hearing body may continue or extend the hearing to another time. Before
adjournment or recess, the chair shall publicly announce the time and place at which the hearing will be
continued. If the hearing is continued to a specific time and place, no further notice shall be required.
E. Notice of Decision. The planning commission or director of planning shall hear relevant testimony from
interested persons and shall make its decision within fifteen days after the close of the public hearing.
Notice of the decision shall be filed by the director of planning with the city clerk, together with a report of
the proceedings, not more than fifteen days after the decision. A copy of the notice of decision shall be
mailed to the applicant and to any person who has made a written request for a copy of the decision.
F. Withdrawal of an Application. Any application may be withdrawn at any time prior to a public hearing by
filing with the approving body a written request for withdrawal. The request for withdrawal shall be signed
by all persons who signed the original application or their designated agents or current fee owner. Any
such application or petition may be withdrawn after commencement of a public hearing thereon, with
approval of the hearing body. At the time of the withdrawal of the application, consideration may be given
for refunding of application fees in whole or in part, based upon the time expended by the city staff up to
the time of withdrawal of the application. Refunding policies shall be established by the city council.
EXHIBIT B
17.28.080 Sign programs.
fry
e.
A. Sign Program Required. In addition to the sign permits required by this Chapter, certain types of signs and
developments require a sign program to ensure that all proposed signs are in harmony with other on-site
signs, buildings and surrounding developments. For existing developments without sign programs, the
purpose of this provision is to bring centers or buildings without sign programs into conformance with the
development code, while allowing existing legal signage to remain until new signage is proposed.
1. New Sign Program. For new developments (and for approved or existing developments that
propose a major modification or propose to replace or construct a new permanent freestanding or
wall mounted sign), a new sign program is required only if any of the following circumstances
exist:
a. Whenever a shopping center,neighborhood commercial center, office center, building, or
•
development is greater than 100,000 square feet in total building area and has more than a
total of four permanent signs counting wall mounted and free standing signs;
b. Whenever the development contains a historic structure; or
c Whenever a proposed permanent sign exceeds or cannot comply with the standards
required by this Chapter due to unique characteristics of the site or building facade upon
which the sign is placed.
2. Existing Sign Program. All approved sign programs for existing or approved developments shall
remain in full force and effect and any revision to an approved sign program shall require a Minor
Modification.
B. Findings. The following findings must be made by the approval body prior to approving a sign program:
1. The proposed signs enhance the development, and are in harmony with, and visually related to:
a. All of the signs included in the sign program. This shall be accomplished by incorporating
several common design elements such as materials, letter style, colors, illumination, sign
type or sign shape,
b. The buildings and/or the developments they identify by utilizing materials, colors or design
motifs included in the building being identified, and
c. Surrounding development by not adversely affecting surrounding land uses or obscuring
adjacent approved signs;
2. The sign program accommodates future revisions which may be required due to changes in
building tenants; and
3. The proposed sign program satisfies the intent of this chapter, in that the sign program complies
with all the regulations of this chapter, except that flexibility is allowed with regard to sign area,
number, location and height. Further, to the extent the sign program does not comply with the
requirements of this chapter as to sign area, number, location and height, the proposed sign
program enhances the development and more fully accomplishes the objectives of this chapter.
17.28.070.B General requirements for permanent signs.
3. Area.
b. Wall signs shall not cover more than one square foot of sign area per linear foot of the
architectural facade upon which the sign is located (and no more than seventy-five percent of the
surface of the building face that the sign is located on excluding window and door areas). This
•- -•. - -.2 .. Maximum area of sign shall also not exceed one
square foot of sign area per linear foot of business frontage.
c. Wall signs shall not extend more than seventy-five percent of the suite length for
multitenant buildings or building frontage for single tenant buildings.
6. Illumination.
b. External illumination is not permitted unless approved as part of a
planning application (sign program, minor modification, major modification or development plan as
applicable).
17.28.240 Requirements for wall mounted business or building identification signs for buildings with
two stories or less in commercial districts.
Wall mounted business identification signs are intended to provide identification for the individual
businesses located in buildings with two stories or less in commercial districts.
A. Maximum number of signs shall be one per frontage for each tenant.
B. Maximum area of signs shall •: :•: -. ._ : :: . : :- -• .'-• :: ee :
building-frontage not exceed one square foot of sign area per linear foot of the architectural facade
upon which the sign is located (and shall not cover more than seventy-five percent of the surface of
the building face that the sign is located on excluding window and door areas). Maximum area of
sign shall also not exceed one square foot of sign area per linear foot of business frontage.
C. Building identification signs are only permitted if no tenant identification signs are placed on
the building.
17.28.325 Freeway oriented signs in professional office district.
Only travel oriented commercial uses such as gas stations, restaurants, fast food establishments and hotels/motels
Iwith freeway frontage are :: ••• -e, • _. _• _ _• • • . _ _ _ et , !permitted to have freeway oriented
signs. Freeway oriented signs are permitted as freestanding and wall mounted signs. Freestanding signs may
identify centers, multiple tenants, and/or single tenants. The provisions included in Section 17.28.210 shall apply to
all signs permitted by this subsection.
EXHIBIT C
17.28.050 Exempt signs.
The following signs are exempt from the requirement to obtain a sign permit pursuant to this chapter if
they meet these specified requirements; however, they may require building permits:
F. Government Signs. Any official government sign including a governmental directional
sign or a public notice or warning required by an applicable federal, state or local law, regulation
or ordinance.
1. Offsite directional skins for public college or public universities.
a. General Requirements.
Each campus shall be permitted no more than three (3) signs within the
City of Temecula. The Planning Director may authorize additional signs if it is determined
necessary to serve the public.
ii. Any sign proposed within the public right-of-way must obtain an
encroachment permit and approval by the Public Works Director.
Maximum height of the pole shall be ten feet.
iv. The edge of the bottom of the sign shall not be lower than seven
feet above ground level.
v. Maximum sign area for each sign shall be six square feet.
vi. Signs shall have a royal blue background with white letters
consistent with the governmental directional signs located within the City of Temecula
and shall not contain any logos or any information other than the name of the public
college or public university and an arrow indicating direction of the school. Maximum
letter height shall be eight inches.
b. Findings.
Public colleges and public universities attract a constant influx of •
new visitors to the area and adequate directional signage is necessary to ensure the
safety of the community by providing guidance to nonresidents or the general public
unfamiliar with the area. These directional signs help to ensure the general public can
safely and easily find the school.
ii. Higher public education is a local as well as a regional priority
driven by public needs and coordination between City government and public
colleges/public universities will support and benefit the general public's pursuit of higher
education.
• iii. The sign is intended to serve a public college or public university
located within the City and conforms to the intent and language of the City's General
Plan. The size, shape, color, visual elements and placement of thedescribed sign shall
• be compatible with the surrounding area and with other lawful signs and will not detract
from the character or quality of the surrounding properties.
EXHIBIT D
17.08.030 Use regulations.
The land uses list in the following Table 17.08.030 shall be permitted in one or more of the
commercial zoning districts as indicated in the columns corresponding to each residential
district. Where indicated with a letter"P," the use shall be a permitted use. Where indicated
with a"-," the use is prohibited within the zone. A letter"C" indicates the use shall be
conditionally permitted subject to the approval of a conditional use permit.
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use NC CC HT SC PO BP LI
A
Alcoholic beverage sales in conjunction with
an otherwise allowable use(examples C C C C C
include: bowling alleys and;golf courses-and
W
Wine tasting shop, with or without product
sale for off-site consumption(Department of CCCC - -
Alcoholic Beverage Control License Types
other than Type 02)
Wine tasting shop-(including, with or without
product sale for off-site consumption C P P P
(Department of Alcoholic Beverage Control
License Type 02)
Notes:
1. Subject to the supplemental development standards contained in Chapter 17.10 of this code.
2. Subject to the provisions of Chapter 17.40 of the Temecula Municipal Code.
3. See Chapter 5.22 of the Temecula Municipal Code.
4. Senior housing residential projects in the CC, SC, HT and PO zones shall use the residential
performance and development standards for the high density residential zone. Senior housing
residential projects in the NC zone shall use the residential performance and development standards for
the medium density residential zone and the applicable supplemental development standards in
Chapter 17.10. Congregate care facilities shall use the residential performance standards.
5. New office buildings in the BP and LI zones are subject to performance standards contained in
Section 17.08.070(E).
6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be
approved, conditionally approved,or denied by the city council.
EXHIBIT E
17.05.020 Administrative approval of development plan.
H.Time Extension. The director of planning may, upon an application being filed-ne
prior to expiration and for good cause, grant a time extension
of up to three one-year extensions of time. Each extension of time shall be granted
in one-year increments only. Upon granting of an extension, the director of planning
shall ensure that conditions of the administrative approval complies with all current
development code provisions.
17.05.010 Development plans.
H.Time Extensions. The director of planning approving-authority may, upon an
application being filed within-thirty-days-prior to the expiration, grant a time
extension of one year(up to three extensions may be granted). Upon granting the
extension, the director of planning approving-body shall ensure that the
development plan complies with all development code provisions.
PC RESOLUTION NO. 10-
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 17 OF THE
TEMECULA MUNICIPAL CODE TO REVISE FAMILY
DAYCARE REQUIREMENTS TO BE CONSISTENT WITH
STATE LAW, UPDATE PUBLIC NOTICING
REQUIREMENTS, REQUIRE A CONDITIONAL USE
PERMIT FOR CERTAIN WINE TASTING
ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT
SIGNS, STREAMLINE EXTENSION OF TIME
APPLICATION REQUIREMENTS, REMOVE THE TERM
`GRANNY FLAT', REVISE GUEST HOUSE
REQUIREMENTS AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09-0001)"
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 17, 2010, the Planning Commission identified a need to
amend portions of Title 17 of the Temecula Municipal Code to revise family daycare
requirements to be consistent with State law; update public noticing requirements,
require a Conditional Use Permit for certain wine tasting establishments, modify sign
program regulations, clarify governmental exempt signs, streamline extension of time
application requirements, remove the term "granny flat," revise guest house
requirements and make other minor clarifications or typographical (Long Range
Planning Project No. LR09-0001).
B. The Ordinance 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 February 17, 2010, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Long
Range Planning Project No. LR09-0001 subject to and based upon the findings set forth
hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the application hereby finds, determines and declares that:
A. The proposed Ordinance is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other Ordinances of the
City.
B. The proposed Ordinance is consistent with the Municipal Code and
Development Code for the City of Temecula.
Section 3. Environmental Compliance. Pursuant to California Environmental
Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Ordinance amending portions of Title 17 of the
Temecula Municipal Code to revise family daycare requirements to be consistent with
State law, update public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time application requirements,
remove the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections Application, as described in the Initial Study
("the Project"). Based upon the findings contained in that study, City staff determined
that there was no substantial evidence that the Project could have a significant effect on
the environment and a Negative Declaration was prepared.
A. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on July 16, 2009, and expired on August 15, 2009.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall 43200 Business Park Drive,
Temecula, California 92590.
B. No written comments) were received during the public comment period.
C. The Planning Commission has reviewed the Negative Declaration and any
written comments received regarding the Negative Declaration prior to and at the
February 17, 2010 public hearing, and based on the whole record before it finds that:
(1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no
substantial evidence that the Project will have a significant effect on the environment;
and (3) Negative Declaration reflects the independent judgment and analysis of the
Planning Commission.
D. Based on the findings set forth in the Resolution, the Planning
Commission hereby adopts the Negative Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Long Range Planning Project No.
LR09-0001, a proposed Citywide Ordinance as 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 17th day of February 2010.
Carl Carey, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 10- was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 17th day of February 2010, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Patrick Richardson, Secretary
ORDINANCE NO. 10 -
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING PORTIONS OF TITLE 17 OF
THE TEMECULA MUNICIPAL CODE TO REVISE FAMILY
DAYCARE REQUIREMENTS TO BE CONSISTENT WITH
STATE LAW, UPDATE PUBLIC NOTICING
REQUIREMENTS, REQUIRE A CONDITIONAL USE
PERMIT FOR CERTAIN WINE TASTING
ESTABLISHMENTS, MODIFY SIGN PROGRAM
REGULATIONS, CLARIFY GOVERNMENTAL EXEMPT
SIGNS, STREAMLINE EXTENSION OF TIME
APPLICATION REQUIREMENTS, REMOVE THE TERM
`GRANNY FLAT', REVISE GUEST HOUSE
REQUIREMENTS AND MAKE OTHER MINOR
CLARIFICATIONS OR TYPOGRAPHICAL CORRECTIONS
(LONG RANGE PLANNING PROJECT NO. LR09-0001)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. The proposed amendment to Title 17 of the Temecula Municipal Code
was processed and an environmental review was conducted as required by the
California Environmental Quality Act.
B. The Planning Commission of the City of Temecula held a duly noticed
public hearing on February 3, 2010, to consider the proposed amendment at which time
the City staff and interested persons had an opportunity to, and did testify either in
support or opposition to the matter.
C. Following consideration of the entire record of information received at the
public hearing and due consideration of the proposed amendment, the Planning
Commission adopted Resolution No. 10- recommending that the City Council
approve the proposed amendments to Title 17 of the Temecula Municipal Code.
D. On , the City Council of the City of Temecula held a duly noticed
public hearing on the proposed amendment at which time all persons interested in the
proposed amendments had the opportunity and did address the City Council on these
matters, and following receipt of all public testimony closed the hearing.
Section 2. Further Findings. The City Council, in approving the proposed
Temecula Municipal Code amendments in Long Range Planning Project No. LR09-
0001, hereby makes the following additional findings as required by Section 17.01.040
("Relationship to General Plan") of the Temecula Municipal Code:
A. The proposed amendments to Title 17 of the Temecula Municipal Code
are allowed in the land use designations in which the uses are located, as shown on the
land use map, or are described in the text of the General Plan.
B. The proposed amendments to Title 17 of the Temecula Municipal Code
are in conformance with the goals, policies, programs and guidelines of the elements of
the General Plan.
C. The proposed amendments to Title 17 of the Temecula Municipal Code
are consistent with the General Plan and all applicable provisions contained therein.
Section 3. Environmental Findings. Pursuant to California Environmental
Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental
effects of the approval of the proposed Ordinance amending portions of Title 17 Of the
Temecula Municipal Code to revise family daycare requirements to be consistent with
State law, update public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify sign program regulations, clarify
governmental exempt signs, streamline extension of time application requirements,
remove the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections Application, as described in the Initial Study
("the Project"). Based upon the findings contained in that study, City staff determined
that there was no substantial evidence that the Project could have a significant effect on
the environment and a Negative Declaration was prepared.
A. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Negative Declaration as required by law. The public
comment period commenced on July 16, 2009, and expired on August 15, 2009.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Planning, located at City Hall 43200 Business Park Drive,
Temecula, California 92590.
B. No written comments) were received during the public comment period.
C. The Planning Commission has reviewed the Negative Declaration and any
comments received regarding the Negative Declaration prior to and at the February 17,
2010 public hearing, and based on the whole record before it finds that: (1) the
Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial
evidence that the Project will have a significant effect on the environment; and (3)
Negative Declaration reflects the independent judgment and analysis of the Planning
Commission.
D. Based on the findings set forth in the Resolution, the Planning
Commission recommended on February 17, 2010 that the City Council adopt the
Negative Declaration prepared for this project.
Section 4. The row "Large family day care home facility" of Table 17.03.010
(Planning and Zoning Approval Authority) of Section 17.03.010 of Chapter 17.03
(Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to delete footnote 1 in the row under "Large family day care home
facility" and relocate the "X" (for Approval Authority) to the column "Administrative
Approval" to read as follows:
Table 17.03.010
Planning and Zoning Approval Authority
Application
Administrative
Approval
Planning
Director
Planning
Commission
City
Council
Large family day care home
facility
X
P
Section 5. Section 17.04.050 (Large family day care permits) of the Temecula
Municipal Code is hereby deleted in its entirety.
Section 6. The row "Family day care homes — large" of Table 17.06.030
(Residential Districts) of Section 17.06.030 (Use regulations) of Chapter 17.06
(Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby
amended to read as follows:
Family day care homes — large'
P
P
P
P
P
P
P
P
Section 7. Note "1" of Table 17.06.030 (Residential Districts) of Section
17.06.030 (Use regulations) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning)
of the Temecula Municipal Code is hereby amended to read as follows:
"1. Subject to the provisions of Section 17.06.050(1) of this Chapter."
Section 8. Subsection I (Family Day Care Homes) of Section 17.06.050
(Special use standards and regulations) of Chapter 17.06 (Residential Districts) of Title
17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"1. Family Day Care Homes.
1. Small family day care homes. Small family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all residential zoning districts. Although no specific permit is required,
compliance with the performance standards contained in Section 17.06.050(I)(3)
is required.
2. Large family day care homes. Large family day care homes, as defined in
Chapter 3.4, Division 2 of the California Health and Safety Code, are permitted in
all single family zoning districts with the approval of a permit for a large family
day care home pursuant to the provisions of Section 17.06.050(I)(4).
Compliance with the performance standards contained in Sections
17.06.050(I)(3) is also required.
3. All family day care homes shall comply with the following requirements:
a. All family day care homes shall be state licensed and shall be
operated according to all applicable state and local health and safety
requirements and regulations; and
b. All family day care homes shall comply with all land use regulations
and site development standards of the zoning district in which they are
located.
4. In addition to the provisions of Section 17.06.050 (I)(3) above, large family
day care homes shall comply with the following requirements:
a. Standards. The Planning Director shall issue a use permit to a
large family day care home if the large family day care home meets the
following standards and requirements as prescribed by State law:
There shall be a minimum distance of five hundred feet
(500') between the exterior property line of the site on which the
large family day care home is located and the exterior property line
of the nearest large family day care home. The foregoing minimum
distance requirements shall not apply to small family day care
homes or school day care facilities.
ii. The operation of the large family day care home shall
comply with all applicable noise regulations of this Code or the
General Plan. The use of amplified music which can be heard from
a public right of way or neighboring property is prohibited during the
large family day care home's hours of operation.
In addition to the parking otherwise required for a single-
family home, one off-street parking space shall be provided for
each nonresident employee, nonresident aide and any other
nonresident person engaged in the operation of the day care home.
The parking space may be in the third space of an extra wide
driveway or in the garage. At least two driveway spaces shall be
open for access and loading.
iv. At least one loading space, either in the driveway of the
home, or at the curb immediately in front of the home, must be
available for passenger loading and unloading, provided that the
use of the driveway will not block the public right-of-way and all
traffic laws are obeyed. Where street parking is available for
residential uses, that shall be sufficient for this purpose provided
that all traffic and parking regulations are obeyed and double
parking is prohibited.
b. Procedure. An application for a permit to operate a large family day
care home shall be filed with the Planning Director in a form provided by
the Director. Such application shall be completed and processed in
accordance with Section 17.03.030 and pursuant to the following
procedures as required by state law:
Notice. Notice of the Planning Director's decision to approve
or deny a large family day care home shall be shall be mailed, by
United States mail, postage prepaid, to the applicants and all
owners shown on the last equalized assessment roll as owning real
property within one hundred feet (100') of the exterior boundaries of
the proposed large family day care home ten (10) days prior to the
effective date of the decision.
ii. Hearing. No public hearing on the application shall be held
unless a hearing is requested in writing by the applicant or by an
affected party owning real property within one hundred feet (100')
of the exterior boundaries of the proposed large family day care
home. The hearing, if requested, shall be conducted by the
Planning Director.
Appeal. The applicant or any interested party may appeal
the decision of the Planning Director to the Planning Commission.
The appellant shall pay the cost, if any, of the appeal."
Section 9. The term "family day care home" under Subsection F ("F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home" means a home which regularly provides care, protection,
and supervision of fourteen (14) or fewer children, in the provider's own home, for
periods of less than twenty-four (24) hours per day, while the parents or guardians are
away. This includes large and small family day care homes."
Section 10. The term "family day care home, small" under Subsection F ("F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, small. "Small family day care home" means a home
which provides family day care to eight (8) or fewer children, including children under
the age of ten (10) years who reside in the home, as defined in Chapter 3.4, Division 2
of the California Health and Safety Code."
Section 11. The term "family day care home, large" under Subsection F ("F"
Definitions and Illustrations) of Section 17.34.010 of the Temecula Municipal Code is
hereby amended to read as follows:
"Family day care home, large. "Large family day care home" means a home
which provides family day care to seven (7) to fourteen (14) children, including children
under the age of ten (10) years who reside in the home, as defined in Chapter 3.4,
Division 2 of the California Health and Safety Code."
Section 12. Section 17.03.040 (Public hearing and notification) of Chapter
17.03 (Administration of Zoning) of Title 17 (Zoning) of the Temecula Municipal Code is
hereby amended to read as follows:
"17.03.040 Public hearing and notification.
A. Setting Public Hearing. A public hearing for an application shall be in
accordance with the California Government Code. The hearing date will be set before
the appropriate hearing body only when the following have occurred:
1. The Planning Department has determined that the application is complete.
2. All required procedures of the California Environmental Quality Act
(CEQA) and Temecula guidelines for the implementation of CEQA have been
met.
B. Notice of Hearing for Review of Applications. Not less than ten days prior
to the date of a public hearing, the City Clerk shall give notice including the time, place,
identity of the approval body, nature of the application, and the general location of the
property under consideration. The approval body shall observe the noticing
requirements set forth as follows:
1. A copy of the notice shall be posted in at least three publicly accessible
locations in the City or published at least once in at least one local newspaper of
general circulation as required by State law and the municipal code.
2. The notice shall be mailed first class and postage pre -paid to the applicant
and representative; to the property owner or the owner's agent; to all persons
whose names and addresses appear on the latest available assessment roll of
the county of Riverside as owners of property within a distance of 600 feet from
the exterior boundaries of the site for which the application is filed (a minimum of
thirty property owners); to anyone filing a written request for notification; and to
such other persons whose property might, in the Planning Commission's
judgment, be affected by the establishment of the use or zone requested.
3. All posted, published or mailed notices of public hearings to be conducted
by the Planning Director, Planning Commission or City Council, or any other
body of the City, shall contain the following:
Any petition for judicial review of a decision of the Temecula City Council,
[Planning Commission, Planning Director, or other body as appropriate] is
controlled by the statute of limitations provisions set forth in Sections
1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or
proceeding to attack, review, set aside, or void any decision of the
Temecula City Council [Planning Commission, Planning Director, or other
body as appropriate] is controlled by Chapter 2.36 of the Temecula
Municipal Code. In any such action or proceeding seeking judicial review
of, which attacks or seeks to set aside, or void any decision of the
Temecula City Council [Planning Commission, Planning Director, or other
body as appropriate] shall be limited to those issues raised at the hearing
or in written correspondence delivered to the City Clerk at, or prior to, the
public hearing described in this notice, as provided in Chapter 2.36 of the
Temecula Municipal Code. Copies of the procedures for the conduct of
City Council, Planning Commission, and Planning Director public hearings
are available from the City Clerk.
4. Notices shall be sent to public departments, bureaus, or agencies which
are determined by the director of planning to be affected by the application or
otherwise requiring notice.
5. All noticing requirements required by the California Environmental Quality
Act (CEQA) and the City guidelines for the implementation of CEQA shall be
followed.
C. Posting of Property.
1. Standard Notice. The property, which is the subject of the proposed
development, shall be posted with informational signs that are four feet by four
feet in size, and shall include a description of the proposed development, the
date, time, and location of the public hearing, and the location where further
information can be obtained. For properties less than five acres in size, one sign
per improved street frontage shall be posted on site. For properties greater than
five acres in size, two signs per improved street frontage shall be posted on site.
For properties that are unusually shaped or within a unique location, the Director
of Planning may determine the location for sign posting or require additional
noticing of the proposed project. For for projects that may change or intensify the
existing use or zoning, the Director of Planning may require supplemental and/or
larger signs.
D. Continuances. If, for any reason, testimony on a case cannot be heard or
completed at the time set for such hearing, the chair of the hearing body may continue
or extend the hearing to another time. Before adjournment or recess, the chair shall
publicly announce the time and place at which the hearing will be continued. If the
hearing is continued to a specific time and place, no further notice shall be required.
E. Notice of Decision. The Planning Commission or Director of Planning
shall hear relevant testimony from interested persons and shall make its decision within
fifteen days after the close of the public hearing. Notice of the decision shall be filed by
the Director of Planning with the City Clerk, together with a report of the proceedings,
not more than fifteen days after the decision. A copy of the notice of decision shall be
mailed to the applicant and to any person who has made a written request for a copy of
the decision.
F. Withdrawal of an Application. Any application may be withdrawn at any
time prior to a public hearing by filing with the approving body a written request for
withdrawal. The request for withdrawal shall be signed by all persons who signed the
original application or their designated agents or current fee owner. Any such
application or petition may be withdrawn after commencement of a public hearing
thereon, with approval of the hearing body. At the time of the withdrawal of the
application, consideration may be given for refunding of application fees in whole or in
part, based upon the time expended by the City staff up to the time of withdrawal of the
application. Refunding policies shall be established by the City Council."
Section 13. Section 17.28.080 (Sign Programs) of Chapter 17.28 (Sign
Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to
read as follows:
"17.28.080. Sign Programs.
A. Sign Program Required. In addition to the sign permits required by this
Chapter, certain types of signs and developments require a sign program to ensure that
all proposed signs are in harmony with other on-site signs, buildings and surrounding
developments. For existing developments without sign programs, the purpose of this
provision is to bring centers or buildings without sign programs into conformance with
the development code, while allowing existing legal signage to remain until new signage
is proposed.
1. New Sign Program. For new developments (and for approved or existing
developments that propose a major modification or propose to replace or
construct a new permanent freestanding or wall mounted sign), a new sign
program is required only if any of the following circumstances exist:
a. Whenever a shopping center, neighborhood commercial center,
office center, building, or development is greater than 100,000 square feet
in total building area and has more than a total of four permanent signs
counting wall mounted and free standing signs;
b. Whenever the development contains a historic structure; or
c. Whenever a proposed permanent sign exceeds or cannot comply
with the standards required by this Chapter due to unique characteristics
of the site or building facade upon which the sign is placed.
2. Existing Sign Program. All approved sign programs for existing or
approved developments shall remain in full force and effect and any revision to
an approved sign program shall require a Minor Modification.
B. Findings. The following findings must be made by the approval body prior
to approving a sign program:
1. The proposed signs enhance the development, and are in harmony with,
and visually related to:
a. All of the signs included in the sign program. This shall be
accomplished by incorporating several common design elements such as
materials, letter style, colors, illumination, sign type or sign shape,
b. The buildings and/or the developments they identify by utilizing
materials, colors or design motifs included in the building being identified,
and
c. Surrounding development by not adversely affecting surrounding
land uses or obscuring adjacent approved signs;
2. The sign program accommodates future revisions which may be required
due to changes in building tenants; and
3. The proposed sign program satisfies the intent of this chapter, in that the
sign program complies with all the regulations of this chapter, except that
flexibility is allowed with regard to sign area, number, location and height.
Further, to the extent the sign program does not comply with the requirements of
this chapter as to sign area, number, location and height, the proposed sign
program enhances the development and more fully accomplishes the objectives
of this chapter."
Section 14. Subsection B (Standards for Permanent Wall Mounted Signs for
Buildings with Two Stories or Less) of Section 17.28.070 (General requirements for
permanent signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B.
or Less.
Standards for Permanent Wall Mounted Signs for Buildings with Two Stories
1. Location. Wall signs shall not be located on windows or doors.
2. Number.
a. For multitenant buildings, only the major tenant within the suite is
permitted to have a wall sign. Subleasing tenants are not permitted to
have wall signs.
b. Maximum of four signs per business shall be allowed including all
wall mounted business identification signs, freestanding signs and freeway
signs (if any permitted). However, businesses with freestanding freeway
signs shall only be permitted a maximum of three signs, or four signs as
permitted by Section 17.28.210(A)(1)(a).
3. Area.
a. For businesses with more than one permitted wall mounted sign,
the second sign shall not exceed 80 percent, third 37 percent, and fourth
60 percent of the maximum allowable for the corresponding frontages.
This standard shall not apply to a permitted wall mounted freeway oriented
signs.
b. Wall signs shall not cover more than one square foot of sign area
per linear foot of the architectural facade upon which the sign is located
(and no more than 75 percent of the surface of the building face that the
sign is located on excluding window and door areas). Maximum area of
sign shall also not exceed one square foot of sign area per linear foot of
business frontage.
c. Wall signs shall not extend more than 75 percent of the suite length
for multitenant buildings or building frontage for single tenant buildings.
4. Letter Height. Minimum letter height shall be eight inches. For wall signs
in two lines or more the second line may have a minimum letter height of six
inches.
5. Design.
a. A diversity of letter types and colors shall be encouraged for wall
signs within centers to create interest.
b. The use of graphics consistent with the nature of the product to be
advertised shall be encouraged, i.e., hammer symbol for a hardware store,
mortar and pestle for a drug store.
c. Sign colors shall be selected that provide a significant contrast
between the background colors and the letters.
6. Illumination.
a. Internal illumination for wall signs is acceptable in the following
forms:
Internally illuminated channel letters;
ii. Internally illuminated reverse channel letters; or
Exposed neon if used in channel letters with transparent
face or no face with the inside of channel lettering colored the same
color as the neon;
iv. Other exposed neon applications.
b. External illumination is not permitted unless approved as part of a
planning application (sign program, minor modification, major modification
or development plan as applicable)."
Section 15. Subsection B of Section 17.28.240 (Requirements for wall mounted
business or building identification signs for buildings with two stories or less in
commercial districts) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to read as follows:
"B. Maximum area of signs shall not exceed one square foot of linear foot of
architectural facade upon which the sign is located (and shall not cover more than 75
percent of the surface of the building face that the sign is located on excluding window
and door areas). Maximum area of sign shall also not exceed one square foot of sign
area per linear foot of business frontage."
Section 16. Section 17.28.325 (Freeway oriented signs in professional office
district) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows:
"17.28.325 Freeway oriented signs in professional office district.
Only travel oriented commercial uses such as gas stations, restaurants, fast food
establishments and hotels/motels with freeway frontage are permitted to have freeway
oriented signs. Freeway oriented signs are permitted as freestanding and wall mounted
signs. Freestanding signs may identify centers, multiple tenants, and/or single tenants.
The provisions included in Section 17.28.210 shall apply to all signs permitted by this
subsection."
Section 17. Subsection F (Government Signs) of Section 17.28.050 (Exempt
signs) of Chapter 17.28 (Sign Standards) of Title 17 (Zoning) of the Temecula Municipal
Code is hereby amended to read as follows:
"F. Government Signs. Any official government sign, including a
governmental directional sign, or a public notice or warning required by an applicable
federal, state or local law, regulation or ordinance.
1. Offsite directional signs for public college or public universities.
a. General Requirements.
Each campus shall be permitted no more than three (3)
signs within the City of Temecula. The Planning Director may
authorize additional signs if it is determined necessary to serve the
public.
ii. Any sign proposed within the public right-of-way must obtain
an encroachment permit and approval by the Public Works
Director.
iii. Maximum height of the pole shall be ten feet.
iv. The edge of the bottom of the sign shall not be lower than
seven feet above ground level.
v. Maximum sign area for each sign shall be six square feet.
vi. Signs shall have a royal blue background with white letters
consistent with the governmental directional signs located within the City of Temecula
and shall not contain any logos or any information other than the name of the public
college or public university and an arrow indicating direction of the school. Maximum
letter height shall be eight inches.
b. Findings.
Public colleges and public universities attract a constant
influx of new visitors to the area and adequate directional signage
is necessary to ensure the safety of the community by providing
guidance to nonresidents or the general public unfamiliar with the
area. These directional signs help to ensure the general public can
safely and easily find the school.
ii. Higher public education is a local as well as a regional
priority driven by public needs and coordination between City
government and public colleges/public universities will support and
benefit the general public's pursuit of higher education.
The sign is intended to serve a public college or public
university located within the City and conforms to the intent and
language of the City's General Plan. The size, shape, color, visual
elements and placement of the described sign shall be compatible
with the surrounding area and with other lawful signs and will not
detract from the character or quality of the surrounding properties."
Section 18. The entire row "Wine tasting shop (including product sale for off-site
consumption)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 19. Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add two additional rows inserted
alphabetically within Subsection W within Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
W
Wine tasting shop, with or without product
sale for off-site consumption (Department
of Alcoholic Beverage Control Type 02
only)
C
P
P
P
-
-
-
Wine tasting shop, with or without product
sale for off-site consumption (Department
of Alcoholic Beverage Control License
Types other than Type 02)
C
C
C
C
-
-
-
Section 20. The entire row "Alcoholic beverage sales in conjunction with an
otherwise allowable use (examples include: bowling alleys, golf courses and wine
tasting establishments)" of Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby deleted.
Section 21 Table 17.08.030 (Schedule of Permitted Uses
Commercial/Office/Industrial Districts) of Section 17.08.030 (Use regulations) of
Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the
Temecula Municipal Code is hereby amended to add one additional row inserted
alphabetically within Subsection A within Table 17.08.030 to read as follows:
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
A
Alcoholic beverage sales in conjunction with
an otherwise allowable use (examples
include: bowling alleys and golf courses)
C
C
C
CC
CC
Section 22. Section 17.05.020.H (Time Extension) of 17.05.020 (Administrative
approval of development plan) of Chapter 17.05 (Development Plans) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"H. Time Extension. The director of planning may, upon an application being
filed prior to expiration and for good cause, grant a time extension of up to three one-
year extensions of time. Each extension of time shall be granted in one-year increments
only. Upon granting of an extension, the director of planning shall ensure that conditions
of the administrative approval comply with all current development code provisions."
Section 23. Section 17.05.010.H (Time Extension) of 17.05.010 (Administrative
approval of development plan) of Chapter 17.05 (Development Plans) of Title 17
(Zoning) of the Temecula Municipal Code is hereby amended to read as follows:
"H. Time Extensions. The director of planning may, upon an application being
filed prior to the expiration, grant a time extension of one year (up to three extensions
may be granted). Upon granting the extension, the director of planning shall ensure that
the development plan complies with all development code provisions."
Section 24. Severability. If any portion, provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 25. Effective Date. This ordinance shall take effect thirty (30) days
after its adoption.
Section 26. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this _ day of , 2010.
Jeff Comerchero, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 10- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
City of Temecula
Community Development
Planning Division Notice of Proposed Negative Declaration
PROJECT:
Long Range Planning Project Number LR09-0001 is a proposal to amend
portions of Title 17 (Development Code) of the Temecula Municipal Code to
revise family daycare requirements to be consistent with State law; update
public noticing requirements, require a Conditional Use Permit for certain wine
tasting establishments, modify Sign Program regulations, clarify governmental
exempt signs, streamline extension of time application requirements, remove
the term "granny flat," revise guest house requirements and make other minor
clarifications or typographical corrections ("Project").
APPLICANT: City of Temecula
LOCATION: City-wide City of Temecula, County of Riverside
DESCRIPTION: An overview of these proposed changes to the Development Code is provided
as follows:
Family Daycare Permits: The proposed amendment revises the provisions that
regulate the City's approval method for large family day care homes so that it is
consistent with State law. Since State law directs family day care homes to be
administratively approved, the proposed Development Code amendment
eliminates the public hearing approval for a large family day care. A notice of
administrative approval (or denial) of a large family day care home, however,
shall be mailed to all property owners within 100 feet of the proposed large
family day care home ten days prior to the effective date of the decision and
any affected party may then request that the matter be presented at a public
hearing for approval. All family day cares require a State license to operate in
compliance with all applicable State and local health and safety requirements
and regulations.
Public Noticing: The City of Temecula posts four feet by four feet freestanding
signs at sites where projects are proposed for hearing. For properties Tess
than five acres in size, one sign per improved street frontage is posted on site.
For properties greater than five acres in size, two signs per improved street
frontage are posted on site. The proposal eliminates the City's mandate for
larger or supplemental signs which is not required by State law. In addition, the
proposed Amendment removes redundancy in language and makes minor
clarifications.
Wine Tasting: Wine Tasting Shops that exceed the Department of Alcoholic
Beverage Control's ("ABC") designation of a Type 02 Winegrowers License
would need a different type of an ABC license and therefore City approval
would be contingent upon a City -approved Conditional Use Permit within the
Community Commercial (CC), Highway Tourist (HT) and Service Commercial
(SC) zones. The proposal will ensure a Conditional Use Permit is processed
for these zones for wine tasting shops that exceed an ABC Type 02 License.
Sign Programs: The proposal will reduce the requirements that mandate a
development to submit a Sign Program for signage. A high level of design
review of signs will still be required as prescribed by the sign standards (with
minor changes proposed to clarify and enhance the sign criteria) within the
City's Development Code. Future comprehensive Sign Programs will be
preserved for larger developments.
Directional Signs: The City's Development Code currently allows any official
government sign, public notice or a warning required by an applicable Federal,
State or local law, regulation or Ordinance to be exempt from the commercial
sign regulations within the Development Code. It is the City's policy that such
governmental signs include directional signs in the right-of-way that benefit the
general public to help find public facilities, including public colleges and
universities (as well as other public organizations or offices). This Development
Code Amendment codifies this policy and provides standards for public
universities and colleges directional signs to ensure that they are consistent
with the other civic directional signs located within the City.
Extension of Time: The proposal will allow Extensions of Time Applications for
approved development projects to be administratively approved so long as
there are no major modifications to the project proposal. As already specified
within the Code, major modifications to projects which were approved by the
Planning Commission or City Council would still need to be considered by the
original approval body.
Granny Flats: When a private residence would like to add a "granny flay' also
known as a secondary living quarter, the City's standards for secondary
dwelling units are appropriately set forth within the City's Development Code to
adequately reflect State law requirements and shall apply. Therefore, "granny
flat" is an obsolete term and will be deleted.
Guest Houses: The proposal will allow the maximum square footage of a
"guest house" to be up to 1,200 square feet (which is the same as a secondary
dwelling unit).
The City of Temecula intends to adopt a Negative Declaration for the project described above. Based
upon the information contained in the attached Initial Environmental Study and pursuant to the
requirements of the California Environmental Quality Act (CEQA); it has been determined that this
project as proposed, revised or mitigated will not have a significant impact upon the environment. As
a result, the City Council intends to adopt a Negative Declaration for this project.
The comment period for this proposed Negative Declaration is July 27, 2009 to August 17, 2009.
Written comments and responses to this notice should be addressed to the contact person listed
below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589-9033. City
Hall is located at 43200 Business Park Drive.
The public notice of the intent to adopt this Negative Declaration is provided through:
®The Local Newspaper ®Posting ❑Notice to Adjacent Property Owners
If you need additional information or have any questions concerning this project, please contact Betsy
Lowrey, Assistp lanr er at (9'1) 795-1952.
Prepared by:`rRaikLe
re (Title)
(Signa
PROOF OF
PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Riverside
I am a citizen of the United States and a
resident of the County aforesaid. I am over the
age of eighteen years, and not a party to, or
interested in the above entitled matter. I am an
authorized representative of
THE CALIFORNIAN
An Edition of the North County Times
a newspaper of general circulation, published
DAILY in the City of Temecula, California,
92590, County of Riverside, Three Lake
Judicial District, and which newspaper has
been adjudicated a newspaper of general
circulation by the Superior Court of the County
of Riverside, State of California, under the date
of February 26, 1991, Case Number 209105;
that the notice, of which the annexed is a
printed copy (set in type not smaller than
nonpareil), has been published in each regular
and entire issue of said newspaper and not in
any supplement thereof, on the following dates,
to wit:
July 24, 2009
lIcertify (or declare) under penalty of perjury
that the foregoing is true and correct.
Dated at TEMECULA, CALIFORNIA, this
24th day of July 2009
Signature
Tammi E. Swenson
Legal Advertising Representative
Title
NOTICE OF PROPOSED NEGATIVE DELARATION
CITY OF TEMECULA
City of Temecula
Community Development
Planning Division
Agency Distribution List
PROJECT DESCRIPTION: Long Range Planning Project Number LR09-0001 is a proposal to
amend portions of Title 17 of the Temecula Municipal Code to revise family daycare
requirements to be consistent with State law; update public noticing requirements, require a
Conditional Use Permit for certain wine tasting establishments, modify Sign Program
regulations, clarify governmental exempt signs, streamline extension of time application
requirements, remove the term "granny flat," revise guest house requirements and make other
minor clarifications or typographical corrections ("Project").
DISTRIBUTION DATE: July 27, 2009 CASE PLANNER: Betsy Lowrey
CITY OF TEMECULA:
Building & Safety
Fire Department
Police Department
Parks & Recreation (TCSD)
Planning (Principals)
Public Works
GIS
Architect
Landscape Architect
Telecommunication Consultant
City Attorney
STATE:
Caltrans Districts 8
Caltrans District 10
Fish & Game
Mines & Geology
Regional Water Quality Control Board
State Clearinghouse
State Clearinghouse (15 Copies)
Water Resources
Bureau of Land Management
FEDERAL:
Army Corps of Engineers
Fish and Wildlife Service
REGIONAL:
AQMD
ALUC
LAFCO
®❑❑DEIN❑NEIEIN
RCA ❑
RTA ❑
RCTC ❑
RWQCB ❑
SCAG El
WRCOG
RIVERSIDE COUNTY:
Clerk of the Board of Supervisors
Riverside County EDA
Engineer ❑
Flood Control ❑
Health Department
Health Department Haz Mat ❑
❑ Parks and Recreation ❑
❑ Planning Department
❑ County Geologist ❑
❑ UTILITY:
❑ Eastern Municipal Water District IZI
❑ Rancho CA Water District, Will Serve El
❑ Metropolitan Water District El
❑ Time Warner Cable
Verizon
So CA Gas
El So CA Edison
❑ CR&R
OTHER:
❑ City of Murrieta El
❑ TVUSD ❑
❑ MVUSD ❑
Pechanga Indian Reservation
UCR Eastern Information Center ❑
Homeowners' Association:
Soboba Indian Reservation
LI
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Environmental Checklist
Project Title
Development Code Amendments (Long Range Planning Project
Number LR09-0001)
Lead Agency Name and Address
City of Temecula
P.O. Box 9033, Temecula, CA 92589-9033
Contact Person and Phone Number
Betsy Lowrey
(951) 693-3959
Project Location
City Wide
Project Sponsor's Name and Address
City of Temecula
General Plan Designation
N/A
Zoning
N/A
Description of Project
Long Range Planning Project Number LR09-0001 is a proposal to
amend portions of Title 17 of the Temecula Municipal Code to revise
family daycare requirements to be consistent with State law; update
public noticing requirements, require a Conditional Use Permit for
certain wine tasting establishments, modify Sign Program
regulations, clarify governmental exempt signs, streamline extension
of time application requirements, remove the term "granny flat,"
revise guest house requirements and make other minor clarifications
or typographical corrections ("Project").
An overview of these proposed changes to the Development Code is
provided as follows:
Family Daycare Permits: The proposed amendment revises the
provisions that regulate the City's approval method for large family
day care homes so that it is consistent with State law. Since State
law directs family day care homes to be administratively approved,
the proposed Development Code amendment eliminates the public
hearing approval for a large family day care. A notice of
administrative approval (or denial) of a large family day care home,
however, shall be mailed to all property owners within 100 feet of the
proposed large family day care home ten days prior to the effective
date of the decision and any affected party may then request that the
matter be presented at a public hearing for approval. All family day
cares require a State license to operate in compliance with all
applicable State and local health and safety requirements and
regulations. The proposed amendment regulates family day cares to
the extent allowable by State law.
Public Noticing: The City of Temecula posts four feet by four feet
freestanding signs at sites where projects are proposed for hearing.
For properties less than five acres in size, one sign per improved
street frontage is posted on site. For properties greater than five
acres in size, two signs per improved street frontage are posted on
site. The proposal eliminates the City's mandate for larger or
supplemental signs which is not required by State law. In addition,
the proposed Amendment removes redundancy in language and
makes minor clarifications.
1
Description of Project (Continued)
Wine Tasting: Wine Tasting Shops that exceed the Department of
Alcoholic Beverage Control's ("ABC") designation of a Type 02
Winegrowers License would need a different type of an ABC license
and therefore City approval would be contingent upon a City-
approved Conditional Use Permit within the Community Commercial
(CC), Highway Tourist (HT) and Service Commercial (SC) zones.
The proposal will ensure a Conditional Use Permit is processed for
these zones for wine tasting shops that exceed an ABC Type 02
License.
Sign Programs: The proposal will reduce the requirements that
mandate a development to submit a Sign Program for signage. A
high level of design review of signs will still be required as prescribed
by the sign standards (with minor changes proposed to clarify and
enhance the sign criteria) within the City's Development Code.
Future comprehensive Sign Programs will be preserved for larger
developments.
Directional Signs: The City's Development Code currently allows
any official government sign, public notice or a warning required by
an applicable Federal, State or local law, regulation or Ordinance to
be exempt from the commercial sign regulations within the
Development Code. It is the City's policy that such governmental
signs include directional signs in the right-of-way that benefit the
general public to help find public facilities, including public colleges
and universities (as well as other public organizations or offices).
This Development Code Amendment codifies this policy and
provides standards for public universities and colleges directional
signs to ensure that they are consistent with the other civic
directional signs located within the City.
Extension of Time: The proposal will allow Extensions of Time
Applications for approved development projects to be
administratively approved so long as there are no major
modifications to the project proposal. As already specified within the
Code, major modifications to projects which were approved by the
Planning Commission or City Council would still need to be
considered by the original approval body.
Granny Flats: When a private residence would like to add a "granny
flat" also known as a secondary living quarter, the City's standards
for secondary dwelling units are appropriately set forth within the
City's Development Code to adequately reflect State law
requirements and shall apply. Therefore, "granny flat" is an obsolete
term and will be deleted.
Guest Houses: The proposal will allow the maximum square footage
of a "guest house" to be up to 1,200 square feet (which is the same
as a secondary dwelling unit).
Surrounding Land Uses and Setting
N/A
Other public agencies whose approval
is required
None .
2
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least one
impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Mineral Resources
Agriculture Resources
Noise
Air Quality
Population and Housing
Biological Resources
Public Services
Cultural Resources
Recreation
Geology and Soils
Transportation/Traffic
Hazards and Hazardous Materials
Utilities and Service Systems
Hydrology and Water Quality
Mandatory Findings of Significance
Land Use and Planning
None
Determination
(To be completed by the lead agency)
On the basis of this initial evaluation:
X
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by
the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in
an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation
measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL
IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to
that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon tf proposed project, nothing further is required.
Betsy Lowrey, Assistant Planner
Printed Name and Title
3
Date
City of Temecula
For
1. AESTHETICS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant -
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Have a substantial adverse effect on a scenic vista?
X
b.
Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
X
c.
Substantially degrade the existing visual character or quality
of the site and its surroundings?
X
d.
Create a new source of substantial light or glare
adversely affect day or nighttime views in the area?
which would
X
Comments:
1.a -d No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The Project has no adverse effects a scenic vista,
damage a scenic highway, degrade the visual character of its surroundings, or create a new source of
substantial light or glare. The Ordinance proposes Development Code amendments; all of which provide minor
clarification or minor policy changes with no significant environmental effects related to aesthetics as further
explained below:
The Ordinance removes the requirement of Targe supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units and
this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If a
Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal that revises when a Sign Program is required to be submitted has no significant effect on
the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and .staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily travelled
streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time applications.
Extensions of Time are project -specific and would require CEQA review upon submittal of the application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of family day care homes consistent with State law and CEQA does not apply to establishment or
operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes removing
the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary dwelling unit
provisions which implement the provisions of State law and such an Ordinance is statutorily exempt from CEQA.
4
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and transportation/parking. Requiring a Conditional Use Permit for certain wine tasting applications
provides that a CEQA review for these applications will be conducted for cases when no CEQA analysis has
previously been required.
5
2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land
Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as
an optional model to use in assessing impacts on agriculture and farmland. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact '
No
impact
a.
Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland Mapping and
Monitoring Program of the California Resources Agency,
to non-agricultural use?
X
b.
Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
X
c.
Involve other changes in the existing environment which,
due to their location or nature, could result in conversion
of Farmland, to non-agricultural use?
X
Comments:
2.a -c No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. Furthermore, the City does not have property
under a Williamson Act contract nor are City properties zoned agricultural. The Project will not involve
changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses.
The Ordinance proposes Development Code amendments; all of which provide minor clarification or minor
policy changes with no significant environmental effects related to Agricultural Resources as further explained
below:
1. The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a Targe family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
6
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality
management or air pollution control district may be relied upon to make the following
determinations. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact :
Potentially
Significant:: Unless
' `MiEigation
incorporated
Less Than
Significant
Impact
No
Impact
a.
Conflict with or obstruct implementation of the applicable
air quality plan?
X
b.
Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
X
c.
Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
X
d.
Expose sensitive receptors to substantial pollutant
concentrations?
X
e.
Create objectionable odors affecting a substantial number
of people?
X
Comments:
3.a -e No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not conflict or obstruct
with the implementation of any air quality plan, nor will it violate any air quality standard or contribute
substantially to an existing or projected air quality violation. The Project will not result in a cumulatively
considerable net increase of any criteria pollutant or expose sensitive receptors to substantial pollutant
concentrations or create objectionable odors affecting a number of people. The Ordinance proposes
Development Code amendments; all of which provide minor clarification or minor policy changes with no
significant environmental effects related to Air Quality as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
8
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a Targe family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed ordinance includes removing
the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary dwelling
unit provisions which implement the provisions of State law and such an Ordinance is statutorily exempt from
CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required
9
4. BIOLOGICAL RESOURCES. Would the project?
issues and Supporting information Sources
Potentially
Significant
Impact re
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
impact
a.
Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S. Fish and
Wildlife Service?
X
b.
Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
X
c.
Have a substantial adverse effect of federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling, hydrological
interruption, or other means?
X
d.
Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors,
or impede the use of native wildlife nursery sites?
X
e.
Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
X
f.
Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
X
Comments:
4.a -f No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not adversely affect any
biological resources nor interfere with the movement of any migratory fish or wildlife species, conflict with local
policies protection biological resources or conservation plans. The Ordinance proposes Development Code
amendments; all of which provide minor clarification or minor policy changes with no significant environmental
effects related to Biological Resources as further explained below:
i. The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
10
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
11
5. CULTURAL RESOURCES. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Cause a substantial adverse change in the significance of
a historical resource as defined in Section 15064.5?
X
b.
Cause a substantial adverse change in the significance of
an archaeological resource pursuant to Section 15064.5?
X
c.
Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
X
d.
Disturb any human remains, including those interred
outside of formal cemeteries?
X
Comments:
5.a -d No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not adversely affect any
cultural resources and would not cause a substantial adverse change in a historical resource or an
archaeological resource, nor would it directly or indirectly destroy a unique paleontological resource or site or
disturb any human remains. The Ordinance proposes Development Code amendments; all of which provide
minor clarification or minor policy changes with no significant environmental effects related to Biological
Resources as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
12
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
13
6. GEOLOGY AND SOILS. Would the project:
Issuesand Supporting Information
Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i.
The rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area or
based on other substantial evidence of a known fault?
(Refer to Division of Mines and Geology Special
Publication 42.)
X
ii.
Strong seismic ground shaking?
X
iii.
Seismic -related ground failure, including liquefaction?
X
iv.
Landslides?
X
b.
Result in substantial soil erosion or the loss of topsoil?
X
c.
Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
X
d.
Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
X
e.
Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
X
Comments:
6.a -e No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not adversely affect any
geology and soils. The Ordinance proposes Development Code amendments; all of which provide minor
clarification or minor policy changes with no significant environmental effects related to geology and soils as
further explained below:
!. The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
14
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
15
7. HAZARDS AND HAZARDOUS MATERIALS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Create a significant hazard to the public or the
environment through the routine transportation, use, or
disposal of hazardous materials?
X
b.
Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
X
c.
Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
X
d.
Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
X
e.
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people residing or
working in the project area?
X
f.
For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
X
g.
Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
X
h.
Expose people or structures to a significant risk or loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
X
Comments:
7.a -h No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not create hazards or
hazardous materials. The Ordinance proposes Development Code amendments; all of which provide minor
clarification or minor policy changes with no significant environmental effects related to hazards or hazardous
materials as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
16
The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required
17
8. HYDROLOGY AND WATER QUALITY. Would the project:
Issues and Supporting
Information Sources
Potentially
Significant
Impact -
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant:
Impact' :.
No Impact
a.
Violate any water quality standards or waste discharge
requirements or otherwise substantially degrade water
quality?
X
b.
Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre-existing nearby wells would drop to a level which
would not support existing land uses or planned uses for
which permits have been granted)?
X
c.
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
X
d.
Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or
amount of surface runoff in a manner which would result in
flooding on- or off-site?
X
e.
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff?
X
f.
Require the preparation of a Water Quality Management
Plan?
X
g.
Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map?
X
h.
Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
X
i.
Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
X
j.
Inundation by seiche, tsunami, or mudflow?
X
Comments:
8.a -j No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure. The proposed Project will not affect hydrology or
water quality. The Ordinance proposes Development Code amendments; all of which provide minor
clarification or minor policy changes with no significant environmental effects related to Hydrology or water
quality as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
18
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
19
9. LAND USE AND PLANNING. Would the project:
Issues and Supporting
information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact .:.
a.
Physically divide an established community?
X
b.
Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an environmental
effect?
X
c.
Conflict with any applicable habitat conservation plan or
natural community conservation plan?
X
Comments:
9.a -c No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and does not physically divide an established
community. Furthermore, the proposed Project will not conflict with any applicable land use plan, policy or
regulation of any agency nor does it conflict with any habitat conservation plans including the Riverside County
Multiple Species Habitat Conservation Plan (MSHCP). The Ordinance proposes Development Code
amendments; all of which provide minor clarification or minor policy changes with no impacts to land use and
planning as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
20
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
21
10. MINERAL RESOURCES. Would the project:
Issues and Supporting Information
Sources
Potentially '
Significant
Impact
Potentially
: Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
X
b.
Result in the Toss of availability of a locally -important
mineral resource recovery site delineated on a local
general plan, specific plan or other land use plan?
X
Comments:
10.a -b No Impact: Public resources Code 2763 requires that the City land use decision affecting areas with
minerals of regional or statewide significance be consistent with mineral resources within the Study Area
identified by the State Department of Mines and Geology as being of regional or Statewide significance be
consistent with mineral resource management policies in the General Plan. There are no mineral resources
within the City of Temecula identified by the State Department of Mines and Geology as being of regional or
Statewide significance. No impact is anticipated as a result of the proposed Project. Furthermore, the Project
is an Ordinance that makes minor policy changes to the Development Code. The Project does not alter or
construct a physical structure and would not result in the Toss of a known mineral resource of value to the
region and residents of the State. The Ordinance proposes Development Code amendments; all of which
provide minor clarification or minor policy changes with no impacts to Mineral Resources as further explained
below:
i. The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up Tess than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
22
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
23
11. NOISE. Would the project result in:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than.
Significant
Impact
No
Impact
a.
Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies?
X
b.
Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
X
c.
A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project?
X
d.
A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
X
e.
For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels?
X
f.
For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the
project area to excessive noise levels?
X
Comments:
11.a -f No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project would not generate noise or vibrations. The Ordinance proposes Development Code
amendments; all of which provide minor clarification or minor policy changes with no impacts to noise as
further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
24
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a Targe family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596/8 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
25
12. POPULATION AND HOUSING. Would the project:
Issues and Supporting
Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
incorporated
Less Than
Significant
Impact
No
Impact
a.
Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension
of roads or other infrastructure)?
X
b.
Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
X
c.
Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
X
Comments:
12.a -c No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and would not induce substantial population growth
either directly or indirectly. Furthermore, the proposed Project would not displace substantial numbers of
existing housing, necessitate construction of replacement housing or displace substantial numbers of people.
The Ordinance proposes Development Code amendments; all of which provide minor clarification or minor
policy changes with no impacts to population and housing as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs. which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
26
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
27
13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated
with the provision of new or physically altered governmental facilities, need for new or physically
altered governmental facilities, the construction of which could cause significant environmental
impacts, in order to maintain acceptable service ratios, response times or other performance
objectives for any of the public services:
Issues and
Supporting
Information
Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact .':
Impact
No
a.
Fire protection?
X
b.
Police protection?
X
c.
Schools?
X
d.
Parks?
X
e.
Other public facilities?
X
Comments:
13.a -e No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and would not result in a substantial adverse
physical impact associated with governmental facilities or the need for new or physically altered governmental
facilities. The Ordinance proposes Development Code amendments; all of which provide minor clarification or
minor policy changes with no impacts to public services as further explained below:
i. The Ordinance removes the requirement of Targe supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a Targe family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
28
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
29
14. RECREATION. Would the project:
a.
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
Increase the use of existing neighborhood and regional
parks or other recreational facilities such that substantial
physical deterioration of the facility would occur or be
accelerated?
X
b.
Include recreational facilities or require the construction
or expansion of recreational facilities which might have an
adverse physical effect on the environment?
X
Comments:
14.a -b No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Ordinance has no provisions which would alter or construct a physical structure nor cause the increase of
an existing neighborhood and regional park or other recreational facilities such that substantial physical
deterioration of the facility would occur or be accelerated. Furthermore, the Project does not include
recreational facilities and the proposed Ordinance would not require the construction or expansion of
recreational facilities which might have an adverse physical effect on the environment. The Ordinance
proposes Development Code amendments; all of which provide minor clarification or minor policy changes with
no impacts to Recreation as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
30
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
31
15. TRANSPORTATION/TRAFFIC. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact ;
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact -<
No
impact
a.
Cause an increase in traffic which is substantial in
relation to the existing traffic load and capacity of the
street system (Le., result in a substantial increase in
either the number of vehicle trips, the volume to capacity
ration on roads, or congestion at intersections)?
X
b.
Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
X
c.
Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
X
d.
Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
X
e.
Result in inadequate emergency access?
X
f.
Result in inadequateparking capacity?
X
g.
Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
bicycle racks)?
X
Comments:
15.a -g No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and the proposed changes to the development
code would not create an adverse impact to transportation or traffic. Specifically it would not cause any
increase in traffic, exceed a level of service standard established by the County Management Agency, result in
a change of air traffic patters, substantially increase hazards due to a design feature, result in inadequate
emergency access or inadequate parking capacity and/or conflict with adopted policies, plan or programs
supporting alternative transportation. The Ordinance proposes Development Code amendments; all of which
provide minor clarification or minor policy changes with no impacts to land use and planning as further
explained below:
The Ordinance removes the requirement of Targe supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
32
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project-specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
33
16. UTILITIES AND SERVICE SYSTEMS. Would the project:
Issues and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significanf
Impact
"..
No
Impact
a.
Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
X
b.
Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
•
X
c.
Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects?
X
d.
Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed?
X
e.
Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
adequate capacity to serve the project's projected
demand in addition to the provider's existing
commitments?
X
f.
Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
X
g.
Comply with federal, state, and local statutes and
regulations related to solid waste?
X
Comments:
16.a -g No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and would not exceed wastewater treatment
requirements of the applicable Regional Water Quality Control Board; require or result in the construction of
new water or wastewater treatment facilities or expansion of existing facilities, result in the construction of new
storm water drainage facilities or expansion of facilities, have insufficient water supplies, result in a
determination by the wastewater treatment to serve the project. The project would have no adverse impacts to
landfills or federal state and local statutes and regulations related to solid waste. The Ordinance proposes
Development Code amendments; all of which provide minor clarification or minor policy changes with no
impacts to land use and planning as further explained below:
i. The Ordinance removes the requirement of Targe supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. if
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
34
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way
ight-ofway for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up Tess than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
35
17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project:
Issues
and Supporting Information Sources
Potentially
Significant
Impact
Potentially
Significant Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No
Impact
a.
Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a
fish or wildlife species, cause a fish or wildlife population
to drop below self-sustaining levels, threaten to eliminate
a plant or animal community, reduce the number or
restrict the range of a rare or endangered plant or animal
or eliminate important examples of the major periods of
California history or prehistory?
X
b.
Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with
the effects of past projects, the effects of other current
projects, and the effects of probable future projects)?
X
c.
Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
X
Comments:
17.a -c No Impact: The Project is an Ordinance that makes minor policy changes to the Development Code.
The Project does not alter or construct a physical structure and does not have the potential to degrade the
quality of the environment or substantially reduce the habitat of a fish or wildlife species, case a fish or wildlife
population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the
number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the
major periods of California history or prehistory. The project would not result in cumulative impacts or directly
or indirectly have environmental effects which will cause substantial adverse effects on human beings. The
Ordinance proposes Development Code amendments; all of which provide minor clarification or minor policy
changes with no impacts to land use and planning as further explained below:
The Ordinance removes the requirement of large supplemental temporary signs for public
hearings which would have no adverse impact on the environment.
ii. While the Ordinance allows a property owner the ability to construct a guest house up to 1,200
square feet (instead of 800 square feet), 1,200 square feet is already permitted for secondary dwelling units
and this is an unremarkable, insignificant modification to the development code that clarifies guest houses and
second dwelling units shall be allowed the same square footage. Further, any proposal for a guest house
requires a site specific CEQA review upon submittal of the application and will be analyzed pursuant to CEQA.
iii. The Ordinance clarifies when a Sign Program is required for a building or commercial center. If
a Sign Program is required or if a Sign Program is not required has no impact to the environment because the
ultimate construction of any sign requires a site-specific CEQA review with or without a Sign Program. An
Ordinance proposal to require when a Sign Program is required has no significant effect on the environment.
iv. The Ordinance clarifies the intent of governmental signs which are permitted within the right-of-
way for safety, informational or directional purposes and staff has determined these signs have no significant
effect to the environment because they take up less than one square foot of ground, typically on heavily
travelled streets and typically erected on paved sidewalks or streets and are infrequently needed.
36
v. The Ordinance clarifies the language for the approval process of Extension of Time
applications. Extensions of Time are project -specific and would require CEQA review upon submittal of the
application.
vi. CEQA Guidelines Section 15274 applies because the proposed Ordinance includes the
regulation of the family day care homes consistent with State law and CEQA does not apply to establishment
or operation of a large family day care home, which provides in-home care for up to 14 children, as defined in
Section 1596.78 of the Health and Safety Code. Furthermore, under the Health and Safety Code, local
agencies cannot require use permits for the establishment or operation of a small family day care home, which
provides in-home care for up to eight children, and the establishment or operation of a small family day care
home is a ministerial action which is not subject to CEQA.
vii. CEQA Guidelines Section 15282(h) applies because the proposed Ordinance includes
removing the term "Granny Flats" to clarify that second units in residential zones are regulated by secondary
dwelling unit provisions which implement the provisions of State law and such an Ordinance is statutorily
exempt from CEQA.
viii. CEQA Guidelines Section 15308 applies because the proposed Ordinance provides additional
regulations regarding Wine Tasting Shops by requiring certain Types to submit a for a Conditional Use Permit
and this provides an additional procedure to assure the protection of the environment such as noise, land use
planning and parking. Requiring a Conditional Use Permit for certain wine tasting application thereby requires
an additional CEQA review where none was previously required.
37
18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR,
or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or
negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following
on attached sheets.
a.
Earlier analyses used. Identify earlier analyses and state where they are available for review.
b.
Impacts adequately addressed. Identify which affects from the above checklist were within the scope
of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state
whether such effects were addressed by mitigation measures based on the earlier analysis.
c.
Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and
the extent to which they address site-specific conditions for the project.
Comments:
18.a The City's General Plan, Final Environment Impact Report, Draft Comprehensive General Plan, and
Draft EIR were used as a referenced source in preparing this Initial Study. These documents are available for
review at the City of Temecula Planning Department located at 43200 Business Park Drive. Previously
prepared historical/archaeological studies were used as a referenced source in preparing this Initial Study.
These documents are on file with the Eastern Information Center at University of California, Riverside.
18.b Not applicable.
18.c This Initial Study did not identify any "Less than Significant with Mitigation Incorporated," therefore there
are no mitigation measures for this Project.
SOURCES
1. City of Temecula General Plan
2. City of Temecula General Plan Final Environmental Impact Report
3. City of Temecula Municipal Code
38
Case No:
Applicant:
Proposal:
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
Environmental:
Case Planner:
Place of Hearing:
Date of Hearing:
Time of Hearing:
LR09-0001
City of Temecula
A Citywide Ordinance of the City Council of the City of Temecula amending
portions of Title 17 of the Temecula Municipal Code to revise family daycare
requirements to be consistent with State law, update public noticing requirements,
require a Conditional Use Permit for certain wine tasting establishments, modify
sign program regulations, clarify governmental exempt signs, streamline extension
of time application requirements, remove the term `granny flat', revise guest house
requirements and make other minor clarifications or typographical corrections
In accordance with the California Environmental Quality Act (CEQA), the proposed
project will not have a significant impact upon the environment based upon a
completed Environmental Study. As a result, a Negative Declaration will be
adopted in compliance with CEQA.
(951) 693-3959
City of Temecula, Council Chambers
February 17, 2009
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 the hearing. Any petition for
judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set
forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the
Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the
Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission,
and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above
[project] in court, the challenge will be limited to only those issues you or someone else raised at the public
hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in
this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the
California Code of Civil Procedure.
The proposed project application may be viewed at the City of Temecula Planning Department, 43200
Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project
may be addressed to the case planner at (951) 693-3959.