Loading...
HomeMy WebLinkAbout110613 PC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET NOVEMBER 6, 2013 — 6:00 PM Next in Order: Resolution: 13-42 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Guerriero, Harter, Kight, and Telesio PRESENTATIONS/PROCLAMATIONS 1 Business Spotlight Recognition Presentation, Cassidian, Christine Damko PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 2 Minutes 1 RECOMMENDATION: 2.1 Approve the Action Minutes of October 16, 2013 PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Long Range Planning Project No. LR13-0007, Municipal Code Amendments to portions of Title 6, Title 16, and Titlel7 and to make other minor clarifications and typographical corrections to the Development Code, Dale West RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE" 4 Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility within two suites, totaling 2,528 square feet, including 495 square feet of the suites to be utilized for retail sales and a tasting area, located at 42030 Avenida Alvarado, Suites E and F, Kenny Taylor RECOMMENDATION: 2 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0203, A MINOR CONDITIONAL USE PERMIT FOR RELENTLESS BREWING TO OPERATE A BEER MANUFACTURING FACILITY WITHIN A 495 SQUARE FOOT RETAIL SALES AND TASTING AREA LOCATED AT 42030 AVENIDA ALVARADO, SUITE E AND F (APN 909-252-002). REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, November 20, 2013, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula)after 4:00 PM the Friday before the Planning Commission meeting. At that time,the agenda packet may also be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda,will be available for public viewing in the Main Reception area at the Temecula Civic Center(41000 Main Street,Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website—www.cityoftemecula.orq—and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center,(951)694-6400. 3 r � ITEJ1 1 L J CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Community Development DATE: November 6, 2013 SUBJECT: Business Recognition Program — Cassidian Communications PREPARED BY: Christine Damko, Economic Development Analyst BACKGROUND: Cassidian Communications, an EADS North America company, is proud to call Temecula, California, home. Founded here in 1968 as Plant Equipment, Inc., they are still going strong over four decades later as North America's leading provider of mission- critical communications technologies. In fact, their solutions, which are found in 22 of the 30 most populous U.S. cities and over 850 federal installations, receive 60% of all 911 calls in the U.S. and serve over 200 million Americans daily. Cassidian Communications' impressive portfolio, including 911 call taking systems, emergency notification solutions and services, and P25 land mobile radio networks, and LTE, is developed and maintained by almost 500 employees at their headquarters, located on Rio Nedo, as well as within their Gatineau (Canada), Franklin (TN) and Richardson (TX) offices. Cassidian Communications' tagline is "CRITICAL MATTERSTM what is critical to you, matters to us." r � ITEM 2 L J ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET OCTOBER 16, 2013 — 6:00 PM Next in Order: Resolution: 13-40 PRELUDE MUSIC: Earlene Bundy CALL TO ORDER: Flag Salute: Commissioner Carey Roll Call: Carey, Guerriero, Harter, Kight, and Telesio ABSENT: GUERRIERO, KIGHT CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of October 2, 2013 APPROVED 3-0-2-0; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED APPROVAL; GUERRIERO, KIGHT ABSENT 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File RECEIVE AND FILE PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 1 r � ITEM 3 L J STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION TO: Planning Commission FROM: Dale West, Associate Planner Victoria Hernandez, Planning Intern DATE: November 6, 2013 SUBJECT: Municipal Code Amendment (Long Range Planning Project No. LR-13-0007) BACKGROUND The City of Temecula City Council first adopted the Municipal Code in January 1990. Since its adoption, the City Council has added new chapters, and has periodically made amendments to various sections of the Code to improve its clarity and to make necessary corrections. This amendment proposes to clarify a number of provisions within the Code which includes: • Definition of "Cattery" (Section 6.02.010) - Amends the definition of a "cattery" to limit the number of cats to five or more cats. • Definition of "Smoking" (8.36.020) - Amends the definition of "smoking" to include e- cigarettes. • Extension of Time for Tentative Maps (16.09.200) - Clarifies that if no changes are being requested by the subdivider, the Director of Planning may approve the request for an extension of time; however, if changes to the map are proposed, then the original approval authority shall review the request. • Formula for Dedication of Park Land (16.33.120) - Corrects the single-family dwelling unit calculation for the dedication of park land. • Procedures for Zoning Appeals (17.03.090)—Clarifies that the City Manager or member of the City Council may file an appeal of a planning decision, when the action is of sufficient importance to the City, and should be reviewed by the entire City Council. • Findings for a Conditional Use Permit(17.04.010.E.1.e)-Clarifies that the Planning Director is an approval authority for certain Conditional Use Permits. • Density Range for Residential Zoning Districts (17.06) - Establishes consistency between the City's General Plan and the Municipal Code for the dwelling unit per acre ranges for residential land uses. • Animals in Low Medium Density Residential (17.06.030) - Establishes that the keeping of large and small live-stock animals is not allowed, and limits the keeping of chickens to two within the Low Medium Residential Zoning District. 1 • Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) - Clarifies that the setback applies to the water's edge, water slides, or rock features of the swimming pool or spa and that a Minor Exception will not be granted for these setbacks. • Use Regulations for Commercial/Office/Industrial Districts (17.08.030) - Clarifies that a Conditional Use Permit (CUP) is required for kennels within the Business Park and Light Industrial Zoning District. • Delicatessen Use in Neighborhood Commercial (Section 17.08.030) - Clarifies that delicatessen is a permitted use in the Neighborhood Commercial Zoning District. • Permitted Office Uses in Commercial/Office/Industrial Districts (17.08.030) - Clarifies that financial office uses are a permitted use in all commercial zoning districts. • Affordable Housing (17.08.030 and 17.10.020.M.3.b) - Clarifies that a Conditional Use Permit is not allowed for affordable housing projects, pursuant to California Government Code Section 65589.4 and California Government Code Section 65589.5(d). • Use Regulations for Temecula Creek Village PDO-4 (17.22.136B) -Allows for restaurants and other eating establishments (with the sale of beer, wine and distilled spirits) and restaurants with live entertainment to be conditionally permitted in the Temecula Creek Village Planned Development Overlay. • Bicycle Parking Requirements (17.24.040)- Establishes consistency between the Municipal Code and the CAL Green Building Code for bicycle parking requirements. • Compact Car Parking (17.24.040.E) - Clarifies that compact car parking spaces are not allowed unless previously approved by permit. • Requirements for Permanent Signs (17.28)- Clarifies the maximum square footage of sign area for commercial uses is based on the linear footage of business frontage. ANALYSIS Definition of"Cattery" (6.02.010) Section 6.02.010 defines a "cattery" to contain ten or more adult cats. However, Section 17.06.050.D.8 does not allow more than four adult cats as an accessory to a residential use. Staff proposes to amend Section 6.02.010 to be consistent with Section 17.06.050.D.8 by defining a "cattery" as having five or more cats. Definition of"Smoking" (8.36.020) There has been an increase of sales and use of "e-cigarettes" which contain nicotine and when used, emit a liquid vapor containing nicotine instead of emitting smoke containing nicotine as does a typical cigarette. However, the definition of"smoking" is defined in the Municipal Code to include a cigarette or similar type of device containing tobacco or tobacco product; it does not include other devices or products that contain nicotine substances. The proposed amendment will add to the definition of"smoking" to include other devices that contain nicotine substances. 2 Extension of Time for Tentative Maps (16.09.200) The proposed amendment establishes consistency between Sections 16.09.200 and 17.05.020 and streamlines the process for approving an extension of time by allowing an applicant to submit a request for a time extension prior to the expiration of a tentative map. The proposed amendment also clarifies that if no changes are being requested by the subdivider,the Director of Planning may approve the request for an extension of time; however, if changes to the map are proposed by the subdivider, then the original approving body shall review the request for time extension. Formula for Dedication of Land (16.33.120) The proposed amendment is a typographical correction to the single family dwelling unit calculation for the dedication of land for subdivisions. The proposed amendment does not change the formula or calculation. Procedures for Zoning Appeals (17.03.090) The proposed amendment clarifies that the City Manager or member of the City Council may file an appeal of a planning decision made by the Planning Commission,when the decision of the Planning Commission is considered to be of sufficient importance to the City, and should be reviewed by the entire City Council. Findings for a Conditional Use Permit (17.04.010.E.1.e) The proposed amendment clarifies within the findings that the Planning Director has approval authority for certain Conditional Use Permits. Density Range for Residential Zoning Districts (17.06.020 and Table 17.06.040) Section 17.06.020 of the Municipal Code provides density ranges for residential zoning districts within the City. Table LU-1 of the Temecula General Plan also provides density ranges for residential land uses within the City; however, the two are not consistent with one another. Staff proposes to amend Section 17.06.020 and Table 17.06.040 of the Municipal Code to maintain consistency between the City's General Plan and the City's Municipal Code. Large and Small Animals in Low Medium Density Residential (Table 17.06.050 and Section 17.10.020) Table 17.06.050 of the Municipal Code permits agricultural uses within all residential zoning districts, and conditionally permits them within the Hillside Residential — Santa Margarita Zone. Section 17.10.020.A.1 of the Municipal Code allows for various agricultural uses, including the keeping of large animals (such as horses and cattle) and small animals (such as sheep and pigs) within all residential zoning districts, as long as they are on lots greater than one-half acre, and except within the Hillside Residential and Open Space/Conservation zones. However, there are half-acre and larger lots within the Low Medium Density Residential zoning district, which would meet minimum requirements for permitting large and/or small animal agricultural uses. Staff proposes to amend Section 17.10.020.A., to specify that large and small animals are excluded from the Low Medium Density Residential zoning district, and to provide consistency with Section 17.06.050.D.8 by clarifying that the number of chickens allowed within the Low Medium Density Residential zoning district is limited to two. 3 Setbacks and Minor Exceptions for Swimming Pools and Spas (Table 17.06.050A and Section 17.06.050.E) Section 17.06.050 of the Municipal Code establishes the rear yard and interior side yard setbacks for a swimming pool or a spa in all residential zoning districts; however, it does not clarify whether the setback applies to the water line or the exterior edge of the swimming pool or spa structure. Staff proposes to amend Table 17.06.050A and Section 17.06.050.E to clarify that the setback applies to the water line of the swimming pool or spa, and to any water slide, rock feature, or structures associated with a pool or spa, and that a minor exception will not be granted for these setbacks if the if the swimming pool or spa is adjacent to a another residential property. Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030) Table 17.08.030 of the Municipal Code establishes that delicatessens require a Conditional Use Permit in the Neighborhood Commercial Zone but are permitted in all other zones of the Commercial/Office/Industrial Districts. Since retail and restaurant uses are already allowed in the Neighborhood Commercial Zone, staff proposes to amend Table 17.08.030 to allow delicatessens to be a permitted use in the Neighborhood Commercial Zone. Table 17.08.030 of the Municipal Code indicates that kennels are a permitted use in the Business Park District and Light Industrial District; however, Section 17.10.020.A.2.(b)-(c) of the Code indicates that kennels require a Conditional Use Permit,except within the Open Space/Conservation Zone. In order to maintain consistency within the Development Code, staff proposes to amend the Use Matrix in Section 17.08.030 to require Conditional Use Permits for kennels within the Business Park and Light Industrial Zoning Districts. Table 17.08.030 of the Municipal Code establishes that"Financial, insurance, real estate offices"are a permitted use in all zones except for the Light Industrial Zone; however, the Light Industrial Zone permits other offices uses, including real estate and insurance uses. Since other office uses are permitted within the Light Industrial Zone, to permit financial uses within the Light Industrial Zone, staff proposes to add "financial" uses to the "office" category of Table 17.08.030. Use Regulations for Temecula Creek Village PDO-4 (Section 17.22.136B) The Temecula Creek Village Planned Development Overlay(PDO)-4 has two commercial planning areas: Village Commercial Area (PDO-4V) and Retail/Support Commercial Area (PDO-4R). Currently, restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)and restaurants with live entertainment are conditionally permitted in the village commercial area (PDO-4V); however, they are not permitted in the retail/support commercial area(PDO-4R), but both commercial areas are adjacent to multi-family residential areas. Staff proposes to amend the Table 17.22.136B to allow restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)and restaurants with live entertainment to be conditionally permitted in the PDO- 4R Zone. Affordable Housing Consistency with the California Government Code(Table 17.08.030 and Section 17.10.020) The California Government Code Sections 65589.4 and 65589.5(d) do not allow jurisdictions to require a conditional use permit for affordable housing projects. Staff proposes to amend Table 17.08.030 and Section 17.10.020.M.b.vii of the Municipal Code by removing the requirement for a CUP for affordable housing projects. 4 Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section 17.24.040) The CALGreen Building Code Section 5.106.4 requires that bicycle parking be provided at a ratio of five percent of the motorized vehicle parking capacity. In order to be consistent with CALGreen Building Code, staff proposes to amend Section 17.24.040.F.2 and 17.24.040.F.4 of the Temecula Municipal Code to require bicycle parking at a ratio of five percent of the motorized vehicle parking capacity for commercial, industrial, retail, restaurant and service uses. Compact Car Parking (Section 17.24.040.E) Section 17.24.040.E of the Municipal Code states that compact car parking spaces shall not be allowed. Section 17.24.050.A of the Code establishes the minimum size for compact parking spaces that were previously approved by permit; however, it doesn't specifically state this. To avoid confusion between the two sections of the Code, staff proposes to amend Section 17.24.040.E to clarify that compact car parking spaces are not allowed unless previously approved by permit. Requirements for Permanent Signs (17.28) Section 17.28.070.B.3.b of the Municipal Code establishes general requirements for permanent wall signs, including the maximum sign area. This section indicates the maximum sign area is calculated at one square foot per linear foot of building façade, architectural façade and business frontage. Additionally, Sections 17.28.240 for commercial uses, 17.28.350 for professional office uses, and 17.28.450 for industrial uses also establish the maximum sign area for wall mounted signs. Since there are specific requirements for the maximum sign area for each of the commercial uses, removing the general maximum sign area requirement would eliminate confusion and misinterpretation of the Code. Staff proposes to amend Section 17.28.070.B.3.b. by removing the general sign area requirement, but keep the specific sign area requirement in the latter sections of the Code. Additionally, staff proposes to clarify that the maximum square foot of sign area is based on the linear footage of the business frontage and not the architectural façade or building façade. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the San Diego Union Tribune on October 24, 2013 ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act(CEQA) and has been determined the project is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6,Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment 5 RECOMMENDATION Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve an Amendment to Title 6, Title 8, Title 16, and Title 17 of the Temecula Development Code. ATTACHMENTS Resolution Exhibit A— City Council Ordinance Redline/Strikeout Changes to the Development Code Notice of Public Hearing 6 PC RESOLUTION PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PD0-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORREC- TIONS TO THE TEMECULA MUNICIPAL CODE" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 17, 1990, the City Council of the City of Temecula adopted the City's first Municipal Code. B. Staff identified a need to amend portions of Title 6, Title 8, Title 16 and Title 17 of the Temecula Municipal Code to revise the definition of a cattery and the definition of smoking, allow certain uses among various zoning districts, revise procedures for zoning appeals and extensions of time for tentative maps, revise descriptions for residential districts, revise agricultural uses within residential districts, revise use regulations for Planned Development Overlay PDO-4, revise bicycle parking requirements, revise standards for permanent wall signs, clarify setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code. C. The Planning Commission considered the proposed amendment on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, an did testify either in support or opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of Long Range Planning Project No. LR13-0007 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Recommendation of Approval. The City of Temecula Planning Commission hereby recommends the City Council adopt an ordinance entitled, "An Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a cattery and the definition of smoking, allowing certain uses among various zoning districts, revising procedures for zoning appeals and extensions of time for tentative maps, revising descriptions for residential districts, revising agricultural uses within residential districts, revising use regulations for Planned Development Overlay PDO-4, revising bicycle parking requirements, revising standards for permanent wall signs, clarifying setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code (Long Range Planning Project NP. LR13-0007)" Section 3. Environmental Compliance. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of November, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of November 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CC ORDINANCE ORDINANCE NO. 13- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF TITLE 6, TITLE 8, TITLE 16, AND TITLE 17 OF THE TEMECULA MUNICIPAL CODE AMENDING THE DEFINITION OF A CATTERY AND THE DEFINITION OF SMOKING, ALLOWING CERTAIN USES AMONG VARIOUS ZONING DISTRICTS, REVISING PROCEDURES FOR ZONING APPEALS AND EXTENSIONS OF TIME FOR TENTATIVE MAPS, DESCRIPTIONS FOR RESIDENTIAL DISTRICTS, AGRICULTURAL USES WITHIN RESIDENTIAL DISTRICTS, USE REGULATIONS FOR PLANNED DEVELOPMENT OVERLAY PDO-4, BICYCLE PARKING REQUIREMENTS, STANDARDS FOR PERMANENT WALL SIGNS, CLARIFYING SETBACKS FOR SWIMMING POOLS AND SPAS, AND TO MAKE OTHER MINOR CLARIFICATIONS AND TYPOGRAPHICAL CORRECTIONS TO THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. City staff identified the need to make minor revisions and clarifications to portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code. B. The Planning Commission considered the proposed amendments to Title 6, Title 8, Title, 16 and Title 17 of the Temecula Municipal Code ("Ordinance") on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support of or opposition to this matter. C. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 13- , recommending approval of the Ordinance by the City Council. D. The City Council, at a regular meeting, considered the Ordinance and on , 2013, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. 1 E. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council, in approving the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01 .040 ("Relationship to General Plan") of the Temecula Municipal Code: A. The proposed amendments to Title 17 of the Temecula Municipal Code are allowed in the land use designations in which the uses are located, as shown on the land use map, or are described in the text of the General Plan. B. The proposed amendments to Title 17 of the Temecula Municipal Code are in conformance with the goals, policies, programs and guidelines of the elements of the General Plan. C. The proposed amendments to Title 17 of the Temecula Municipal Code are consistent with the general plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the proposed amendments to Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code may have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, clarifications, and typographical corrections to the City of Temecula Municipal Code. The proposed amendments do not result in a significant increase in the intensity or density of any land use above what is currently allowed in accordance with the Temecula Municipal Code. These proposed amendments are minor clarifications of the Code or typographical corrections. As such, there is no possibility that the proposed amendments will have a significant effect on the environment. Section 4. Section 6.02.010 of Chapter 6.02 of Title 6 of the Temecula Municipal Code is hereby amended by revising the definition of "cattery" to read as follows: -Cattery' means any building, structure, enclosure or premises whereupon, or within which, five or more cats, four months of age or older, are kept or maintained." Section 5. Section 8.36.020 of Chapter 8.36 of Title 8 of the Temecula Municipal Code is hereby amended by revising the definition of "smoking" to read as follows: "`Smoking' or to `Smoke' means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating 2 electronic cigarette, or other similar type of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material." Section 6. Section 16.09.200 of Chapter 16.09 of Title 16 of the Temecula Municipal Code is hereby amended to read as follows: "16.09.200 Extensions of time for tentative maps. Notwithstanding Section 16.09.180, the initial three-year term of tentative maps may be extended as follows: A. Request by the Subdivider. Prior to the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the City's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current City standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map or the conditions of approval for that map, the project shall be reviewed by the original approving authority and the City may impose other conditions or amendments to the tentative map or the conditions of approval including the then-current standards and requirements for approval of tentative maps. D. If a subdivider is required to expend the amount specified in Section 66452.6 of the Government Code to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way which abut the boundary of the property to be subdivided and which are reasonable related to the development of that property, each filing of a final tract map authorized by Section 66456.1 of the Government Code shall extend the expiration of the approved or conditionally tentative map by thirty-six months from the date of its expiration or the date of a previously-filed final tract map, whichever is later. The extensions shall not extend the term of the tentative map more than ten years from its date of original approval." Section 7. Section 16.33.120 of Chapter 16.33 of Title 16 of the Temecula Municipal Code is hereby amended to amend the example for a single family dwelling unit's calculation for dedication of land as follows: 3 "Example for a single family dwelling unit (DU): 3.12 x .005 = .0156 acres/DU" Section 8. Section 17.03.090 of Chapter 17.03 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal — Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the planning commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal — Contents. 1. The notice of appeal shall set forth: 4 a. The specific decision appealed from; b. Except for the city manager or members of the city council, the grounds for the appeal; and c. Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk may, but is not required to, return the same to the appellant with a statement of the respects in which it is deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid within the time otherwise required for the filing of an appeal. H. Hearing — Presentation of Evidence. The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the permit or other discretionary approval applied for by the applicant. The applicant shall have the burden of proof in making the findings required by this code for granting the requested permit or other discretionary approval. I. Hearing — Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken." Section 9. Section 17.04.010.E.1.e of Chapter 17.04 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Director, Planning Commission, or City Council on appeal." 5 Section 10. Section 17.06.020 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended in its entirety to read as follows: "A. Hillside Residential District (HR). The Hillside Residential Zoning District is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the HR district is 10 net acres. B. Rural Residential (RR). The Rural Residential Zoning District is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over twenty-five percent. The minimum lot size in the RR district is 5 net acres. C. Very Low Density Residential (VL). The Very Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum lot size in the VL Zoning District is 2.5 net acres. D. Low Density Residential (L-1 and L-2). The Low Density Residential Zoning District is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the Low Density Residential Zoning District is further divided into the L-1 Zoning District and the L-2 Zoning District. The minimum lot size in the L-1 Zoning District is 1 net acre. The minimum lot size in the L-2 Zoning District is 0.5 net acres. E. Low Medium Density Residential (LM). The Low Medium Density Residential Zoning District is intended to provide for the development of single-family homes. The minimum lot size in the LM Zoning District is 7,200 square feet, with a density range of 3 - 6.9 dwelling units per net acre, and a target density 4.5 dwelling units per net acre. F. Medium Density Residential (M). The Medium Density Residential Zoning District is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes. The minimum lot size in the M Zoning District is 7,200 square feet, with a density range of 7 — 12.9 dwelling units per net acre, and a target density of 10 dwelling units per net acre. G. High Density Residential (H). The High Density Residential Zoning District is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13 — 20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H Zoning District. 6 H. Hillside Residential-Santa Margarita (HR-SM). The Hillside Residential- Santa Margarita Zoning District is intended to provide for development of very low density residential uses. This includes properties that have severe development constraints such as areas with slopes over twenty-five percent, biological resources and limited emergency access. The minimum lot size in the HR –SM Zoning District is 10 net acres." Section 11. Table 17.06.040 of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the row for "Dwelling units per net acre'" to read as follows: Table 17.06.040 Development Standards—Residential Districts Residential HR RR VL L-1 L-2 LM M H HR-SM Development Standards Lot Area Density range (dwelling < 0.1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- < 0.1 units per net acre) 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Section 12. Table 17.06.050A of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended by replacing the rows for "Swimming pool" and "Spa" to read as follows: Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard.' Swimming pool Not permitted3 5 ft. to water's edge 5 ft. to water's edge Spa Not permitted3 3 ft. to water's edge 3 ft. to water's edge Section 13. Section 17.06.050.E of Chapter 17.06 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper, shall be located as follows: 1. For the H, M, LM, L-2, and L-1 Zoning Districts swimming pools and spas shall be located only within the side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor 7 exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from view from the front yard areas. 2. For the VL, RR and HR Zoning Districts swimming pools and spas may be located within the front, side or rear yards. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard. Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height. " Section 14. Table 17.08.030 of Chapter 17.08 of Title 17 of the Temecula Municipal Code is hereby amended as follows: A. Amend the row titled "Delicatessen" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI D Delicatessen P P P P P P P B. Amend the row titled "Kennels1" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels1 - C - C C. Amend the row titled "Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, medical, dental, 8 veterinarian, chiropractic, architectural, engineering, real estate and insurance" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI 0 Offices, administrative, corporate headquarters and professional services including, but not limited to, business, law, P P P P P P5,6 p5,6 medical, dental, veterinarian, chiropractic, architectural, engineering, real estate, finance and insurance D. Remove the row titled "Financial, insurance, real estate offices" in Table 17.08.030 in its entirety. E. Amend the row titled "Affordable housings" in Table 17.08.030 to read as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A Affordable Housing s - - - - P - - Section 15. Section 17.10.020.A.1.b of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. These requirements apply to the location of corrals, fenced enclosures, barns, stables or other enclosures, and are subject to the following requirements: Large animals (cattle, horses and mules). Two animals per half-acre plus one additional animal for each additional half-acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM Zoning District. 9 ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half-acre plus three additional animals for each additional half-acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM Zoning District. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one-half acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. Only two poultry are allowed in the LM Zoning District. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined." Section 16. Section 17.10.020.M.3.b.vii of Chapter 17.10 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "vii. Approval of an affordable housing project in the professional office zone." Section 17. Table 17.22.136.B of Chapter 17.22 of Title 17 of the Temecula Municipal Code for the rows titled "Restaurants and other eating establishments (with the sale of beer, wine and distilled spirits)" and "Restaurants with live entertainment" are hereby amended to read as follows: Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District-4 Description of Use PDO-4R PDO-4V6 R Restaurants and other eating establishments C4 C4 (with the sale of beer, wine and distilled spirits) Restaurants with lounge or live entertainment C4 C4 Section 18. Section 17.24.040.E of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit." 10 Section 19. Section 17.24.040.F.2.a of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees & Visitors Parking Facility Class All commercial and 1 bicycle space for every 20 Class I lockers or Class II service uses not vehicle spaces required racks otherwise listed Dinner restaurants, 1 bicycle space for every 20 Class I lockers or Class II cocktail lounges vehicle spaces required racks Industrial 1 bicycle space for every 20 Class I lockers or Class II vehicle spaces required racks Retail 1 bicycle space for every 20 Class I lockers or Class II vehicle spaces required racks Section 20. Section 17.24.040.F.2.b of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "b. The minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces." Section 21. Section 17.24.040.F.4 (entitled "Exemptions") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby amended by deleting it in its entirety. Section 22. Section 17.24.040.F.5 (entitled "Credit for Provisions of Bicycle Parking Spaces") of Chapter 17.24 of Title 17 of the Temecula Municipal Code is hereby renumbered as Section 17.24.040.F.4. Section 23. Section 17.28.070.B.3 of Article I of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended as follows: "3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not extend more than seventy-five percent of the suite length for multi-tenant buildings or building frontage for single tenant buildings." 11 Section 24. Section 17.28.240.B of Article III of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage." Section 25. Section 17.28.350.B of Article IV of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage." Section 26. Section 17.28.450.B of Article V of Chapter 17.28 of Title 17 of the Temecula Municipal Code is hereby amended to read as follows: "B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of business frontage." Section 27. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 28. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 29. Effective Date. This Ordinance shall take effect thirty (30) days after passage. 12 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 20 , Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of 20 , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 20 , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 13 REDLINE/STRIKEOUT CHANGES PROPOSED MUNICIPAL CODE AMENDMENTS Proposed changes are shown in bold underlined text and proposed deletions are shown as strikethrough text. Definition of"Cattery" (Section 6.02.010) "Cattery" means any building, structure, enclosure or premises whereupon, or within which, tei five or more cats, four months of age or older, are kept or maintained. Definition of"smoking" (Section 8.36.020) "Smoking" or to "smoke" means holding or possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, a lighted cigarette, a lighted hookah, and operating electronic cigarette, or other similar typed of device, or the lighting of a pipe, hookah, cigar, cigarette or similar type of device containing tobacco, tobacco product, nicotine, spices, or any other plant or herbal material. __- _ _ __ - _ __ _ _ - •- - ._ _ c. _ •• _ c, - lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette of any kind), or any other inhaled. Extension of Time for Tentative Maps (16.09.200) A. Request by the Subdivider. Prior to _ - - • - --c- _- . _- _ - the expiration of the tentative map, the subdivider may apply for an extension of time not to exceed twelve months. The subdivider shall file with the director a completed application form, pay all applicable fees, and submit the required number of copies of the tentative map and all supporting materials and documents required on the city's official application form, including but not limited to, environmental analysis pursuant to CEQA. B. Provided no changes are being requested by the subdivider, the Director of Planning may additionally approve a maximum of five one-year time extensions, each extension not to exceed twelve months, and may impose additional conditions of approval to maintain the public health safety and welfare and/or to comply with current city standards and ordinances, state or federal requirements to the extent allowed by law. C. If, as part of the request for extension of the term of a tentative map, the subdivider requests changes or amendments to the tentative map the conditions of approval for that map, the project shall be approved by the original approval authority and the city may impose other conditions or amendments to the tentative map or the conditions of approval including the then-current standards and requirements for approval of tentative maps. Formula for Dedication of Land (16.33.120) Example for a single family dwelling unit (DU): 3.12 x .005 = 5 .0156 acres/DU Procedures for a Zoning Appeal (17.03.090) "17.03.090 Appeals. A. Purpose of Appeals. The purpose of the appeal procedure is to provide a general method of recourse for persons aggrieved by or dissatisfied with any action by an administrative agency of the city in the administration or enforcement of any provision of this development code or to enable a member of the city council to bring the action before the city council for decision. B. Decisions Which May Be maybe Appealed to Planning Commission. The following actions may be appealed to the planning commission: 1. Actions by the director of planning on approval of development permits, conditional use permits and extensions of time 2. Actions by the director of planning on the approval of sign permits; 3. Any other action by the director of planning for which an appeal is authorized by the code. C. Decisions Which May Be Appealed to the City Council. The following actions may be appealed to the city council: All decisions of the planning commission. D. Filing Procedure. Any person aggrieved by or dissatisfied with, or excepting to any administrative decision, which an appeal to the planning commission is authorized, may appeal from such action by filing a written notice of appeal with the city clerk directed-to-the-planning commission. Decisions that may be appealed to the City Council shall require written notice to the City Clerk. within the time required by this section. The city manager or a member of the city council may file a written notice of appeal of a planning decision on the basis that such action is of sufficient importance to the city that it should be reviewed by the entire city council. In making such an appeal, a member of the city council is not taking a position in favor of or against the action or any portion of it and is not deciding or committing to a vote in favor of or against the action or any portion thereof. E. Notice of Appeal—Time Limit. A notice of an appeal by any individual, who is aggrieved by or dissatisfied with a decision on an application made by him or her or in his or her behalf, or with any action, order, requirement, decision or determination, or a notice of appeal of an action of the planning commission from the city manager or a member of the city council, shall not be acted upon unless filed within fifteen days following the date of action taken by the approving body. F. Notice of Appeal—Contents. 1. The notice of appeal shall set forth: a. The specific decision appealed from; b. The Specific Except for the city manager or members of the city council, the grounds of for the appeal; and c. The Except for the city manager or members of the city council, the relief or action sought from the planning commission or city council. 2. In the event any notice of appeal fails to set forth any information set forth by this section, the city clerk shall may, but is not required to, return the same to the appellant with a statement of the respects in which it is defi cient deficient, and the appellant shall thereafter be allowed five days in which to refile the notice of appeal. G. Fee for Appeals. 1. Except where an appeal is filed by the city manager or any member of the city council, the written notice of appeal shall be accompanied by a fee, established by resolution of the city council. 2. If the notice of appeal is not accompanied by a fee, or if the amount paid is insufficient to constitute the appropriate fee, the city clerk shall promptly notify the appellant of the deficiency, and shall advise that the appeal shall not be considered unless and until the appropriate fee has been paid if the deficiency in payment of an within the time otherwise required for the filing of an appeal. H. Hearing—Presentation of Evidence. At thti The hearing on appeal shall be a de novo hearing at which all aspects of the application shall be considered in accordance with the requirements of law. The hearing shall be noticed and conducted in the manner required by this code for consideration of the approval, the appellant shall be limited to a presentation of permit or other discretionary approval applied for by the specific grounds of __ _ , _ _ _ - - _ • -- _ - _ _ __ _ , --e applicant. The applicant shall have the burden of establishing cause by proof in making the findings required by this code for granting the action app aled from should be alter, reversed or modified requested permit or other discretionary approval., Hearing—Determination. The planning commission or city council may continue the matter from time to time and, at the conclusion of its consideration, may affirm, reverse or modify the action which was taken. The planning commission or city council may take any action which might have been taken in the first instance by the administrative agency from whose action the appeal has been taken, provided however that the planning commission or city council shall not approve a variance which was previously denied unless it has first made the findings set forth in Section 17.04.040(F).. Findings for a Conditional Use Permit (17.04.010.E.1.e) E. Findings. In considering applications for conditional use permits, the hearing body, with such conditions as are deemed reasonable in approving or conditionally approving the use, shall find the use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare. 1. To approve or conditionally approve a conditional use permit, the planning commission or planning director (or planning commission and city council on appeal) must make the following findings: a. The proposed conditional use is consistent with the general plan and the development code. b. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. c. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the planning commission or council in order to integrate the use with other uses in the neighborhood. d. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. e. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning director, planning commission or city council on appeal. Density Range for Residential Districts (17.06.020 and Table 17.06.040) A. Hillside Residential District (HR). The hillside residential zoning district is intended to provide for the development of very low density residential uses. These areas include properties that have severe constraints for development, such as hillside areas with slopes over twenty- five percent. The minimum Typical lot sizes in the HR district are in excess of 10 ten net acres. B. Rural Residential (RR). The rural residential zoning district is intended to provide for the development of single-family detached home on large lots with a distinct rural character. Some of these areas may include severe constraints for development, such as hillside areas with slopes over 25% twenty five percent. The minimum Typical lot sizes in the RR district are 5.0 five net acres. and larger. C. Very Low Density Residential (VL). The very low density residential zoning district is intended to provide for the development of single-family detached homes on large lots with a rural ranchette character of development. The minimum Typical lot size in the VL zoning district is 2.5 net acres. s are two and one half to five nct acres. D. Low Density Residential (L-1 and L-2). The low density residential zoning district is intended to provide for the development of single-family detached homes on larger lots with a custom character of development. In order to provide for compatibility with existing and future areas, the low density residential zoning district is further divided into the L-1 zoning district and the L-2 zoning district. The minimum Typical lot sizes in the L-1 zoning district is 1 net acre. arc onc to two and onc half nct acres. The minimum lot size in the L-2 zoning district is 0.5 net acres. typically has lot sizes from onc half to one net acres. E. Low Medium Density Residential (LM). The low medium density residential zoning district is intended to provide for the development of single-family homes. The minimum lot size in the LM zoning district is 7,200 square feet, with a density range of 3-6.9 dwelling units per net acre Typical density for the low medium density residential development is from three to six dwelling units per net acre, with and a target density of 4.5 four and one half dwelling units per acre. F Medium Density Residential (M). The medium density residential zoning district is intended to provide for the development of attached and detached residential development. Typical housing types may include single-family, duplexes, triplexes, townhouses and patio homes, The minimum lot size in the M zoning district us 7,200 square feet, with a density range of seven to twelve 7.0 — 12.9 dwelling units per acre and a target density of 10 dwelling units per acre. G. High Density Residential (H). The high density residential zoning district is intended to provide for the development of attached residential developments. Typical housing types may include townhouses, stacked dwellings and apartments. The density range is 13-20 dwelling units per net acre, with a target density of 16.5 dwelling units per net acre. There is no minimum lot size in the H zoning district. with a density range of thirteen to twenty 13.0 20.0 dwelling units per acre. H. Hillside Residential-Santa Margarita (HR-SM). The hillside residential-Santa Margarita zoning district is intended to provide for development of very low density residential uses within the Santa Margarita area annexation boundaries. This includes properties that have severe development constraints such as areas with slopes over 25% twenty five percent, biological resources and limited emergency access. The minimum Typical lot sizes in the HR-SM district arc equal to or greater than ten 10 net acres. Table 17.06.040 Development Standards—Residential Districts Residential HR RR VL L-1 L-2 LM M H HR-SM Development Standards Lot Area Minimum net lot area (sq. - 7,200 7,2002 - - ft.) Minimum net lot area 10 5 2.5 1 '/2 - - - 10 (acres) Density range dwelling - - - - - 4 28 - units per net acre1l < 0.1 0.1- 0.2- 0.5- 0.5- 3.0- 7.0- 13.0- < 0.1 0.2 0.4 2.9 2.9 6.9 12.9 20.0 Notes: 1. Affordable housing, senior housing and congregate care facilities may exceed the stated densities pursuant to the provisions of Section 17.10.020(M) of this title. Setbacks and Minor Exceptions for Swimming Pools and Spas (17.06.050) Table 17.06.050A Accessory Structures Setbacks for the HR, RR, VL, L-1, L-2, LM, M and H Zoning Districts Accessory Structure Front Yard Rear Yard Interior Side Yard' Swimming pool Not permitted3 5 ft. to water line 5 ft. to water line Spa Not permitted3 3 ft. to water line 3 ft. to water line 17.06.050 Special use standards and regulations. E. Swimming Pools. Swimming pools and spas, which are capable of holding water to a depth of eighteen inches or deeper shall be located as follows: 1. For the H, M, LM, L-2, and L-1 zoning districts swimming pools and spas shall be located only within the side or rear yards and shall have a minimum setback of five feet from any property line or building. The water's edge of the swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from the property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Pool and spa equipment may be located within the side or rear yards with a minimum setback of at least three feet from any property line and shall be screened from the front yard areas. 2. For the VL, RR and HR zoning districts swimming pools and spas may be located within the front, side or rear yards - _ _ - . - •- • - _ - __ _ .. - -- from any property line or building. The water's edge of a swimming pool and any associated water slide, rock feature, or other structure shall have a minimum setback of five feet from a property line or building. The water's edge of a spa and any spa feature or structure shall have a minimum setback of three feet from a property line or building. In no event shall a minor exception be granted for the five foot setback for swimming pools or the three foot setback for spas that are adjacent to residential properties. Pool and spa equipment located within the front, side or rear yards shall have a minimum setback of three feet from any property line and shall be screened from view from the front yard ar as. e •- , ' ' _ •_ — ' e•••_ Pools and spas shall be enclosed by a non climbable barrier per the Department of e.- _ •. _- - -e-. -••-• . Pool and spa equipment located in the buildable area of the front yard shall be screened from public view and from ground view from adjacent dwelling units. Pools and spas shall be enclosed by walls or fences no less than five feet in height. Use Regulations for Commercial/Office/Industrial Districts (Section 17.08.030) Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI Delicatessen -S P PP P PP Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI K Kennels] _ C - C - P P C C Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10 of this code. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI F Financial, insurance, r e a l estate offices P P P P P P - O Offices, administrative, corporate headquarters and professional services including, but not limited to, P5, P5, business law, medical, dental, veterinarian, P P P P P 6 6 chiropractic, architectural, engineering, real estate, finance and insurance Notes: 5. New office buildings in the BP and LI zones are subject to performance standards contained in Section 17.08.070(E). 6. Supplemental Design Review. Office buildings that are less than 50,000 square feet may be approved, conditionally approved, or denied by the city council. Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI A - Large Animals in Low Medium Density Residential (17.10.020) 17.10.020 Supplemental development standards. A. Agricultural Uses. 1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. Raising, grazing, breeding, boarding or training of large or small animals, except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. _ -- _ _ _ _ . -••-• : All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, hospital or church that is located on an adjacent property. This requirement applies to the location of corrals, fenced enclosures, barns, stables or other enclosures and are subject to the following requirements: Large animals (cattle, horses and mules). Two animals per half- acre plus one additional animal for each additional half-acre of lot area. Animals under the age of twelve months are not counted. Large animals are not permitted in the LM zoning district. ii. Small animals (burros, goats, pigs, ponies, and sheep). Two animals per half-acre plus three additional animals for each additional half-acre of lot area. Animals under the age of six months are not counted. Small animals are not permitted in the LM zoning district. iii. Poultry. Limited to fifty poultry per acre. The minimum lot size for keeping poultry is one-half acre. For lots smaller than one acre, only twelve poultry are allowed. Poultry under the age of three months are not counted. All poultry must be confined. The keeping of roosters is prohibited. Only two poultry are allowed in the LM zoning district. iv. Outdoor Aviary. For lots larger than one acre, limited to fifty birds per acre. For lots smaller than one acre, limited to twenty-four birds. Birds under the age of six months are not counted. All birds must be confined. v. All animals shall be kept a minimum distance of seventy feet from any adjacent residence, day care center or educational institution, Use Regulations for Temecula Creek Village PDO-4 (17.22.136B) Table 17.22.136B Schedule of Permitted Uses Temecula Creek Village Planned Development Overlay District-4 Description of Use PDO-4R PDO-4V6 R Restaurants and other eating establishments C4 C4 (with the sale of beer, wine and distilled spirits) — Restaurants with lounge or live entertainment C4 _ C4 Notes: 4. The size of the use or activity is limited to 5,000 square feet. Affordable Housing Consistency with the California Government Code (Table 17.08.030 and Section 17.10.020) 17.10.020 Supplemental development standards. M. Senior Housing/Congregate Care Facilities/Affordable Housing. Senior housing, congregate care facilities, and affordable housing projects are permitted in the zoning districts identified below subject to the approval of a development plan. Affordable senior housing projects shall comply with the affordable housing provisions contained in subsection (M)(3) of this section. 3. Affordable housing and affordable senior housing projects are entitled to receive various incentives provided the project meets the requirements of Section 65915 of the California Government Code. Affordable housing projects are entitled to receive qualifying density incentives from subsection (M)(3)(a) of this section and may also receive qualifying concessions from subsection (M)(3)(b) of this section. The project incentives and concessions are as follows: b. Development Standard Concessions. The following number of development standard concessions may be granted by the approval authority for the project. Percentage of Affordable Housing Number of Concessions 10 Percent lower income 5 Percent very low income 1 10 Percent moderate income 20 Percent lower income 10 Percent very low income 2 20 Percent moderate income 30 Percent lower income 15 Percent very low income 3 30 Percent moderate income An applicant may select from the following concessions, unless a finding is made that these concessions would result in specific adverse health or safety impacts or the physical environment or real property listed on the California Register of Historical Resources cannot be mitigated: An increase in the amount of required lot coverage; ii. A modification to the setback or required yard provisions; iii. An increase in the maximum allowable building height; iv. A reduction in the amount of required on-site parking; v. A reduction in the amount of onsite landscaping, except that no reduction in on-site recreational amenities may be approved unless the affordable housing is close and easily accessible to a public park with recreational amenities; vi. A reduction in the minimum lot area; or vii. Approval of an affordable housing project in the professional office'e zone with the approval of a conditional use permit. Compact Car Parking (17.24.040.E) 17.24.040 Parking requirements E. Compact Car Parking. Compact Car parking spaces shall not be allowed unless previously approved by permit. Bicycle Parking Requirements Consistency with the CALGreen Building Code (Section 17.24.040) 17.24.040 Parking requirements. F. Bicycle Parking Facilities. 1. Bicycle Parking Classifications. Bicycle parking facilities shall be classified as follows: a. Class I, an enclosed box with a locking door, typically called a bicycle locker, where a single bicyclist has access to a bicycle storage compartment. b. Class II, a stationary bicycle rack designed to secure the frame and both wheels of the bicycle, where the bicyclist supplies only a padlock. c. Class Ill, a stationary bicycle rack, typically a cement slab or vertical metal bar, where the bicyclist supplies a padlock and chain or cable to secure the bicycle to the stationary object. 2 Minimum Bicycle Parking Requirements. a. Bicycle parking facilities shall be provided as follows: Bicycle Spaces Provided for Bicycle Parking Facilities Class. Use Employees &Visitors Parking Facility Class All commercial and service 1 bicycle space for every 20 Class I lockers or Class II uses not otherwise listed vehicle spaces required racks Dinner restaurants, cocktail 1 bicycle space for every-40 20 Class I lockers or Class II lounges _vehicle spaces required racks Industrial 1 bicycle space for every 20 Class I lockers or Class II vehicle spaces required racks Retail 1 bicycle space for every 20 Class I lockers or Class II vehicle spaces required racks b. Where bicycle parking is required, tThe minimum number of bicycle spaces to be provided shall be two employee bicycle spaces and two patron or visitor spaces. c. Where the application of the above table results in the requirement for a fraction of a bicycle parking space, the fraction shall be rounded to the nearest whole number with .5 rounded up to the next whole number. d. Where the application of the above table results in the requirement of fewer than six employee spaces, Class II racks need not be placed within an enclosed lockable area. 3. Design Standards. Bicycle parking facilities shall be installed in a manner which allows adequate spacing for access to the bicycle and the locking device when the facilities are occupied. General space allowances shall include a two-foot width and a six-foot length per bicycle and a five-foot maneuvering space behind the bicycle. The facilities shall be located on a hard, dust-free surface, preferably asphalt or concrete slab. Bicycle parking facilities for visitors shall be located at convenient locations near the main entrance to the use. Bike racks should be located so as to not create an obstruction to pedestrian movement. /1. Exemptions. Requests for exemptions from bicycle parking requirements shall be made in writing to the director of planning. a Exemptions from bicycle parking requirements shall be submitted and processed concurrently with the project application. b. Exemptions may be granted depending upon the location of the bicycle parking with respect to the urban area, the nature and hours of operation of the proposed use, the accessibility of the site by bicycle at present and in the future. 5. Credit for Provisions of Bicycle Parking Spaces. Bicycle parking spaces shall be counted as fulfilling the off-street parking requirements at the rate of three bicycle spaces for one vehicle space. Up to six bicycle parking spaces in addition to the minimum requirement may be provided to reduce off-street parking requirements. Requirements for Permanent Signs (17.28) 17.28.070 General requirements for permanent signs. B. Standards for Permanent Wall Mounted Signs for Buildings with Two Stories or Less. 3. Area. a. For businesses with more than one permitted wall mounted sign, the second sign shall not exceed eighty percent, third seventy percent, and fourth sixty percent of the maximum allowable for the corresponding frontages. This standard shall not apply to a permitted wall mounted freeway oriented signs. b. Wall signs shall not cover more than one square foot of sign area per linear foot of the architectural façade upon which the sign is located (and no more than seventy five percent of the surface of the building face that the sign is located on excluding window and door areas). Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage. c. Wall signs shall not extend more than seventy-five percent of the suite length for multitenant buildings or building frontage for single tenant buildings. 17.28.240 Requirements for wall mounted business or building identification signs for buildings with two stories or less in commercial districts. Wall mounted business identification signs are intended to provide identification for the individual businesses located in buildings with two stories or less in commercial districts. A. Maximum number of signs shall be one per frontage for each tenant. B. - ' - - - - - •- - - :•- - -- - -- - - -- architectural facade upon which the sign is located (and shall not cover more than seventy five percent of the surface of the building face that the sign is located on excluding window and door ar es). Maximum area of sign shall also not exceed one square foot of sign area per linear foot of business frontage. C. Building identification signs are only permitted if no tenant identification signs are placed on the building. 17.28.350 Requirements for wall mounted business or building identification signs for single and multitenant buildings with two stories or less in professional office district. Wall mounted business identification signs are intended to provide identification for individual businesses in single or multitenant office buildings with two stories or less. However, only multitenant buildings with exterior entrances for their tenants are permitted to have wall mounted business identification signs. A. Maximum number of signs shall be one sign per frontage for each tenant. B. Maximum area of signs shall not exceed one-half square feet per linear foot of business frontage; however, the sign area for each sign shall not exceed fifty square feet. C. For multitenant buildings wall mounted business identification signs shall be permitted only if the main entrance to each suite is from the exterior of the building as opposed to a lobby or courtyard design. D. Building identification signs are only permitted if no tenant identifications are placed. E. External illumination is not permitted. 17.28.450 Requirements for wall mounted business or building identification signs for buildings with two stories or less in industrial districts. Wall mounted business or building identification signs are intended to provide identification for individual businesses in single-tenant or multitenant industrial buildings. A Maximum number of signs shall be one per frontage for each tenant. B. Maximum sign area for each sign shall not exceed one-half square feet per lineal foot of building business frontage. C. Building identification signs are only permitted if no tenant identifications are permitted by this chapter. NOTICE OF PUBLIC HEARING }� Notice of Public Hearing .\ A i 'k 1919: `'' ovv`"' A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: LR13-0007 Applicant: City of Temecula Proposal: An Ordinance of the City Council of the City of Temecula amending portions of Title 6, Title 8, Title 16, and Title 17 of the Temecula Municipal Code amending the definition of a cattery and the definition of smoking, allowing certain uses among various zoning districts, revising procedures for zoning appeals and extensions of time for tentative maps, descriptions for residential districts, agricultural uses within residential districts, use regulations for planned development overlay pdo-4, bicycle parking requirements, standards for permanent wall signs, clarifying setbacks for swimming pools and spas, and to make other minor clarifications and typographical corrections to the Temecula Municipal Code Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review pursuant to Section15061 (b) (3). Case Planner: Dale West, (951) 693-3918 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 6, 2013 Time of Hearing: 6:00 p.m. The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.citvoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. r � ITEM 4 L J STAFF REPORT— PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: November 6, 2013 PREPARED BY: Kenny Taylor, Case Planner PROJECT Planning Application No. PA13-0203, a Minor Conditional Use SUMMARY: Permit for Relentless Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Doris Hess General Plan Light Industrial (IP) Designation: Zoning Designation: Industrial Park (LI) Existing Conditions/ Land Use: Site: Existing light industrial structures/Industrial Park (IP) North: Existing light industrial structures/Industrial Park (IP) South: Avenida Alvarado and existing light industrial structures/Industrial Park (IP) East: Existing light industrial structures/Industrial Park (IP) West: Existing light industrial structures/Industrial Park (IP) Existing/Proposed Min/Max Allowable or Required Lot Area: 1.31 Acres 0.92 Acres Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A BACKGROUND SUMMARY On August 29, 2013, Doris Hess, on behalf of Relentless Brewing, submitted Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F. Proposed hours of operation are Monday through Sunday, 7 a.m. to 8 p.m. for the manufacturing facility, and Monday through Sunday, 10 a.m. to 8 p.m. for the tasting room. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS The proposed brewery involves the manufacturing of beer for Relentless Brewing Company. Per Section 17.08.030 of the Temecula Municipal Code, manufacturing uses are permitted on the project site, which is developed with an existing building and zoned Light Industrial. As part of the project, the applicant proposes a retail/tasting room to allow the general public to taste the beer manufactured on site before making a selection to purchase beer directly from the facility. Per Development Code Section 17.08.020.F, retail uses (supporting a principal manufacturing use) not exceeding 15 percent of the primary business area are permitted in the Light Industrial zoning district. The proposed leasehold area for Relentless Brewing Company totals 3,333 square feet, with the proposed tasting room occupying 495 square feet. This amount is equal to 14.8 percent of the total square footage for the establishment, thereby complying with the requirements of the Development Code (maximum 15 percent). The site has a shared reciprocal parking agreement with the existing industrial multi-tenants and the proposed use complies with the minimum onsite parking requirements pursuant to the Development Code. The retail sale of beer requires a Conditional Use Permit for alcohol sales, as well as a Type 23 license from the California Department of Alcohol Beverage Control (ABC). Retail/tasting hours will be Monday through Sunday, 10 a.m. to 8 p.m. Staff has learned from ABC that a Public Convenience or Necessity application (PCN) will not be necessary for this use. ABC does not take Census Tract information into account when evaluating Type 23 licenses for concentration levels. The only requirement is that a 30-day posting from ABC be placed on the property prior to the sale of alcohol. The project is consistent with the Development Code requirements for the Light Industrial zoning district and the Supplemental Development Standards for alcohol beverages sales. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diego on October 24, 2013 and mailed to the property owners within a 700-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be categorically exempt from further environmental review. The application will allow Relentless Brewing to operate a beer manufacturing facility. No modifications are proposed for the existing structure or the site plan. The land use (beer manufacturing facility) has been analyzed and it has been determined that, since the use will be located within an existing building suite and no physical expansion is involved, further environmental review is not necessary because the project is consistent with CEQA Section 15301, Class 1 Existing Facilities exemption and meets all applicable Development Code requirements. FINDINGS The proposed conditional use is consistent with the General Plan and the Development Code. The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings by the glass. The business is located in the Light Industrial zone that permits manufacturing uses with incidental retail. The alcohol sales component of the business is conditionally permitted use. As conditioned, the project is consistent with the General Plan and Development Code. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The proposed conditional use has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the use will not adversely affect the adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The City of Temecula Development Code (Section 17.08.030) allows for a retail support use to a non-commercial business (limited to the sale of products manufactured or assembled on site) that occupies less than 15% of the floor area of the business. The proposed beer manufacturing use is a non-commercial business with a support retail tasting room that is less than 15 percent of the business floor area. The proposed conditional use will be located within an existing industrial building suite adequate in size and shape to accommodate all utilitarian aspects of the project so that the use will integrate with the existing tenants on site. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application for a Conditional Use Permit for Relentless Brewing Company is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing AERIAL MAP City of Temecula � Project Site iits, 4 44,11•00:7 • yy ti ill Project Site 1116 :AO: w %\r' / 7 4011111111' , er.0 . . \ ., \ A . A( 444 411. ,s6:4440. .. ,e,. iiii4000 fI 40.,,,11111\1# .'. 1*,:4". ' • / 0 125 250 500 Feet This map was made by the City of Temecula Geographic Information System. 6.;- ,,-,-_ _. ® The map is derived from base data produced by the Riverside County Assessor's ' Department and the Transportation and Land Management Agency of Riverside ; ' f County.The City of Temecula assumes no warranty or legal responsibility for the information contained on this map.Data and information represented on this map are subject to update and modification.The Geographic Information System and other sources should be queried for the most current information, This map is not for reprint or resale. IN A 0 b Si CO b 3•0.07. 01 1 I I `i1 rl Tl_I3 1- • I u 3ODSTLJ(INOWWLSTRIAI.SIATES � M15'I '1t•TT._ I F II SOT A TART DA wRO:N9C1 bas II snr W 1-M.NR,..o.T _ ' i.' gym[ - • IrT - SUBJECT LEASE SPACE[ NEIGHBORING BLOC. \} O Q I I ■ � uwwN nES-ten.nox wioii I{/I�l :r.IE.NISTaNK.INWKS TR!A_PATES 6/�JI m NOT A PART DA ARN60 fJl 0 1:-_:=7 13. rt I ISUITES I 1 Sy . _ I I •RBO. ` Y SUITE Er A ,r I 7 7 SUITE Kw. r7 ,.. # Kaee.T.L LT c�6 THE KEEN " I II _ I Cf � 1 [ LII1 — 4 w.. ... .– .r.'..w..� �.,«ter.r-�. aFa-r•w71► ...•��. �.. °_ ..,.. 90.03. " SITE ADDRESS. 41030 AVENIDA ALVARADO,PALTER E/P 4 PROPOSED LEASE SPACE TENANT IMPRVMNT:3236 SP'MICRO-BREWERY' 111/ FM} APE: 901-35]03]-3 ARPLICANT. IgLSNTLV SR9lf&LLC. • SITE AREA:131 AC NET.•51.410 5 F. 13030 AVENIDA ALVARADO,BUTTES E/P 1.66 AC G] I TEMECULA CA 13510 MIN 134-1531 TOTAL BLDG.AREA: SO•1S.APO.39AM RP-OS QOM LOT COVERAGE: -t' -_ -- "------- SLOG. REA: ]5,515 5P- 46A PAR:161 r AVENIDA ALVARADO PARKING AREA. 35, 1 55 R.P R LANOSCALE AREA: 4155 5.1. 15A l•SLT p0ICACAlS APIA" ,SON SA•150 SP-2•00 SP 191 IOOR TOTAL - OWNER: PARKING TOME CV'�LIE 2 SPACES PNOWDED 3105 VIA PALOB VERDE!STATER.CA 10311 RUBES OP DISABLED SPACES: ] ,INCLUDING 1 VAN ACCESSABLEI. 3101 316-3304 {,1 E LANDSCAPING: 4155 5P.COL,INC,INCLO'G 3115 TOT PARKWAY LANDSCAPING, 101 P` Ci -._._ _ _ 1]9Y JAM-Alt wxwc S'LAIATE3N R-P. NO-TN RCHITECT: OSIRPAY PLAN DRS. DESIGN HAU6 ARCHITECTURAL ASSOCIATES .%NTW5 LAND B96,PROPOND slip SCALE:I'=20'-0" 40313 SANDIA CREEK OR PAR A59 NOT•:C50000 PIC TOSTAL MEWS 501 128-5231 C 92036 E.BLESS ARE I STORY PP9��,yy� 11501 35-6351 F SAME P`4"'f YEI EMAIL: rma•AMPAN.•OAm••• SCALE 0 20 10 LO 80 100 PRELIMINARY SITE PLAN REVISED: OCT 20.2013 1 HOURS OF OPERATION: OF ALL NEIGHBORING TENANTS IN SUBJECT BLDG. SUITE "H" —.... LUXURY RIDES - AUTOMOTIVE UPGRADES � ,.. (STEREOS, RIMS, AND TIRES) mow•_ HOURS 8AM-5PM, MON.-FRIDAY O SUITE "G" b BENSON PRECISION s FABRICATION / CNC MACHINING I,.HC HOURS 8AM-5PM, MON.-FRIDAY SUBJECT LEASE SPACE .. 1 r •d SUITES "E & F" %°^°a..',� . co _ PROPOSED RELENTLESS BREWING d HOURS IOAM-8PM, MON.-SUNDAY 72e.A a:0w wA Ae o a SUITES "C t D" " �.� .,R.�..���W., D C4 BACK TO PERFECTION .w..WA/N.c.....A... I, f COUNTERTOP REPAIR CO, HOURS. 8AM-5PM, MON-FRIDAY a •�.w (lW' SUITE ,.8., 0..1. I o I VACANT) --•••■•■••-- 0 5 SUITE "A" GREEK i1LiR+11 HOURS: 9AM-IOAM., SUNDAYS ONLY. _ d INCIDENTAL ONLY DURING THE WEEK. ,M rillyiyy.�..y y.... e . • «�E.LADDER •1i1 gA EXIST'G ma 5111✓p E E and F" 0 'tj INT. AA9E-SPAce A I off/ `�= t. 1 SOS S.F. SIEZZ.1 l 1.3 I +�` iw t1,'ri ������77r—r , ,,, I N ///,•EXT PATH OF TRAVEL 3,333 TOTAL S. C 1 7>• �.,, f!� ! Q m ALI EY/ DRIVE [IM- - # � ` �°AN . I I I Li\`r►� f t_ MI i•r- • ` L�//////f�/� >u a `rt, w vnr-.-r.xa= nmi'- _-), I>r ��; t�.�-.L�r a'. I] W w�� .cn.Aw.-+.AC.n.2O. bW I . ice' �g---- sr._.„ rn-rcunwn,.r- LL ' o ..A ! rte. a 4.. Ey I „�� BREW Wtlr15E TO- - r-v COLD ROO II .- p7-A nt ...i V 1 o .,. I .�u q{ D'" i w��e�'�4i� waII +.cu.e..rL""e.....,n. o m. t .,.:.ii-1 c..e J ; .I...,. I b IF eRl[J LINE OF EXIST'G.MEZZ... " ..ty I I.' . a ur,• r $ it OCCUPANCY LOAD CALL.Y Alt. ;••Ni' 3wL9, O ...c CkEA, w5 E7- I el FLAIL/MANWAtrD AREA,2,033 8P PRELIM FLOOR PLAN LAYOUT /� II wo 3.•oat• .owo °L !-t2 • Arm 303 3A.• .+•OCC•OCC LOCO. SUITES'E AND F. ...Y0.WI K MO. PC RESOLUTION NO. 13- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA13-0203, A MINOR CONDITIONAL USE PERMIT FOR RELENTLESS BREWING TO OPERATE A BEER MANUFACTURING FACILITY WITH A 495 SQUARE FOOT RETAIL SALES AND TASTING AREA LOCATED AT 42030 AVENIDA ALVARADO, SUITES E AND F (APN 909-252-002). Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On August 29, 2013 Doris Hess filed Planning Application No. PA13-0203, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on November 6, 2013, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA13-0203 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Minor Conditional Use Permit, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Minor Conditional Use Permit is intended to allow for a beer manufacturer (brewery) with incidental retail and tastings by the glass. The business is located in the Light Industrial zone that permits manufacturing uses with incidental retail. The alcohol sales component of the business is conditionally permitted use. As conditioned, the project is consistent with the General Plan and Development Code. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The proposed conditional use has been reviewed and appropriately conditioned by Building and Safety, Fire, and the Police Department to ensure it is compatible with the nature, condition, and development of adjacent uses, buildings and structures. Based on the provided Conditions of Approval, the use will not adversely affect the adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The City of Temecula Development Code (Section 17.08.030) allows for a retail support use to a non-commercial business (limited to the sale of products manufactured or assembled on site) that occupies less than 15% of the floor area of the business. The proposed beer manufacturing use is a non-commercial business with a support retail tasting room that is less than 15 percent of the business floor area. The proposed conditional use will be located with an existing industrial building suite adequate in size and shape to accommodate all utilitarian aspects of the project so that the use will integrate with the existing tenants on site. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project is in conformance with all requirements of the Development Code, Fire Code, and Building Code. These codes contain provisions that ensure the protection of the public health, safety, and general welfare. The project is not anticipated to have negative impact to the public health, safety, and general welfare. E. That the decision to approve, conditionally approve, or deny the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application for a Conditional Use Permit for Relentless Brewing Company is based on substantial evidence in view of the record as a whole before the Planning Commission. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities) The application will allow Relentless Brewing to operate a beer manufacturing facility. No modifications are proposed for the existing structure or the site plan. The land use (beer manufacturing facility) has been analyzed and it has been determined that, since the use will be located within an existing building suite and no physical expansion is involved, further environmental review is not necessary because the project is consistent with CEQA Section 15301, Class 1 Existing Facilities exemption and meets all applicable Development Code requirements. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA13-0203, a Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of November, 2013. John Telesio, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 13- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of November, 2013, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA13-0203 Project Description: A Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F Assessor's Parcel No.: 909-252-002 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: Exempt (Non-Residential) Approval Date: November 6, 2013 Expiration Date: November 6, 2015 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements PL-2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit. PL-5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. A separate building permit shall be required for all signage. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL-8. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks must be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. PL-9. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-10. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. PL-11. The applicant shall comply with their Statement of Operations dated August 29, 2013, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-14. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities and on-site lighting shall be maintained by the property owner or maintenance association. PL-15. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. PL-16. Hours of Operation shall be as follows: Monday through Sunday from 7 a.m. to 8 p.m. and Tasting Room hours Monday through Sunday 10 a.m. to 8 p.m. PL-17. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-18. The applicant shall abide by all requirements of the California Department of Alcoholic Beverage Control. PL-19. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posed at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). PL-20. Prior to building permit issuance, the developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. PL-21. Solid covered trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Building Permit(s) F-2. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to Fire Prevention. These plans must be submitted prior to the issuance of building permit. F-3. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to Fire Prevention. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. F-4. The developer/applicant shall be responsible for obtaining aboveground storage tank permits for the storage of liquids. F-5. Buildings housing high-piles combustible stock shall comply with the provisions of California Fire Code Chapter 23 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire Department access roads (CFC Chapter 23 and City Ordinance 15.16.020). Prior to Issuance of Certificate of Occupancy F-6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12-inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6-inch high letters and/or numbers on both the front and rear doors (CFC Chapter 5 and City Ordinance 15.16.020). F-7. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for or holds a Type 23 License (Small beer manufacturer). A Type 23 license authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, license holder may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bone fide eating place contiguous to the manufacturer's licensed premises. License holder may conduct beer tastings under specified conditions (see section 23357.3, ABC regulations). Minors are allowed on the premises. Food Service is not required. PD-2. Applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. PD-4. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from any of the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, County or City agency. PD-5. As noted above, only a valid government issued identification card issued by a Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD-6. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and/or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot (Section 25601 B&P; 316 PC). PD-7. Licensees may not sell, give, or deliver alcohol (by the drink or by the package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-8. Police officers, sheriffs deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at any time during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD-9. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training conducted when new employees/ management are hired. PD-10. Any public telephones located on the exterior of the building shall be placed in a well-lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. PD-11. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.' PUBLIC WORKS DEPARTMENT No Conditions BUILDING AND SAFETY DIVISION No Conditions RELENTLESS BREWING SECTION I STATEMENT OF OPERATIONS 1. Proposed Purpose: Brewing beer for retail sales and sales to walk-in customers. 2 Equipment: Grain mill mash tun boil kettle fermenters pumps hoses refrigeration and kegs. 3 Hours and days of Operation: Beer manufacturing hours will be 7am to 8pm Monday through Sunday Tasting Room hours will be 10am to 8pm Monday through Sunday 4 Number of Employees: 1-4 5 Private Security : No private security required 6 Parking: Parking spaces are not designated and based on the operations of the facility there is more than adequate parking to accommodate the use. 7 Tasting room capacity: Less than 36 8 Handicap paths: An existing accessible path of travel serves the proposed brewery There is existing accessible parking on site 9 Association: There is no association at this building o\\f%1F G kt. , p f:;\ Notice of Public Hearing--.-'f." 4, 1989`..._... „v,°" A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA13-0203 Applicant: Doris Hess Proposal: A Minor Conditional Use Permit for Relentless Brewing to operate a beer manufacturing facility with a 495 square foot retail sales and tasting area located at 42030 Avenida Alvarado, Suites E & F. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15301, Class 1 Existing Facilities). Case Planner: Kenny Taylor, (951) 240-4203 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: November 6, 2013 Time of Hearing: 6:00 p.m. o1 ♦J�9q Project Site ♦4P0s 0 V ■ S2,s0 se ‘ $ .c , 4. #\ # ..0 4 JppP Al �G9y P, '�P��Q ■ • • 0 375 750 "r' °� •--1 ∎ Feet . • 0 ' Notice of Public Hearing The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.org — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.