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HomeMy WebLinkAbout121615 PC Agenda CITY OF TEMECULA COMMUNITY DEVELOPMENT MEMORANDUM TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development DATE: December 16, 2015 SUBJECT: Business Recognition Program ADTI Media PREPARED BY: Christine Damko, Economic Development Analyst BACKGROUND: ADTI Media is an industry-leading developer and manufacturer of innovative LED displays. With multiple patents issued and pending, ADTI Media is constantly creating new intellectual property. These technology advancements are integrated into new product development and provide superior performance capabilities in their offerings. Product design, engineering, assembly and testing are all conducted at headquarter facilities in Temecula. ADTI Media currently has 27 employees and is proud to be a part of the Temecula business community. CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Luke Watson, Director of Community Development DATE: December 16, 2015 SUBJECT: Director's Hearing Summary Report ms for December 2015 Date Case No. Proposal Applicant Action December 3, 2015 PA15-0514 a Tentative Parcel Map (No. 36970) for Dennis Janda APPROVED condominium purposes with a Final Map Waiver for Parker Medical Center, which includes a 29,603 square foot commercial building on a 1.48 acre lot, located at 44605 Avenida de Missiones, generally located on the west side of Avenida de Missiones, approximately 800 feet south of Temecula Parkway Attachment: Action Agenda ACTION AGENDA 2 REORGANIZATION OF THE PLANNING COMMISSION a) Select nominations and vote for Chairperson to serve until the last meeting of December, 2016. b) Select nominations and vote for Vice Chairperson to serve until the last meeting of December, 2016. City of Temecula Regular Planning Commission Meeting December 16, 2015 STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: December 16, 2015 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Eric Jones,Case Planner PROJECT Planning Application Number PA15-0694, aDevelopment Plan SUMMARY: application to allow for the construction of a three-story shell building on the northeast corner of Old Town Front Street and 4th Street. The building will total approximately 13,907 square feet. RECOMMENDATION: Adopt aResolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section15332,Class32,In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: Dave Madden of DMA General Plan Specific Plan Implementation (SPI) Designation: Zoning Designation: Downtown Core District (DTC Old Town Specific Plan) Existing Conditions/ Land Use: Site:Vacant Lot / Specific Plan Implementation (SPI) North:Alley, Existing Commercial Structure / Specific Plan Implementation (SPI) th South:4Street, Existing Commercial Structure / Specific Plan Implementation East:Existing Commercial Structure / Specific Plan Implementation West:Old Town Front Street, Existing Commercial Structure / Specific Plan Implementation X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\STAFF REPOR1.docx 1 Existing/ProposedMin/Max Allowable or Required Lot Area: 0.19 Acres0.08 Acres Total Floor Area/Ratio: N/AN/A Landscape Area/Coverage: N/A Parking Required/Provided: 00 BACKGROUND SUMMARY On May 5, 2015, Dave Madden of DMAsubmitted planning application PA15-0694.The proposed project consists of a Development Plan to construct a three-story,13,907 square foot shell building within the Downtown Core district (DTC) of the Old Town Specific Plan (OTSP). The applicant intends to have commercial and office uses occupy the building. These types of uses are allowed per the OTSP as permitted or conditionally permitted,depending on the business. No tenants have been identified as of this hearing. The project was brought before the Old Town Local Review Board on September 14, 2015 for review and comment. The reaction of the Boardto the project was favorable overall. However the Board did have aconcern regarding the elevated patio located along Old Town Front Street th and 4Street. The applicant responded to these concerns by stating that raising the project above the sidewalk was necessary in order to ensure the project would remain out of the floodway. The Board unanimously recommended approval of the project. Staff and the applicant continued to work on the raised patio issue after the hearing. The applicant was able to lower the project to be flush with the sidewalk and still meet FEMA flood proofing requirements. Thenew design is also more consistent with the requirements of the Old Town Specific Plan. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The project is located in the DTC district on the northeast corner of Old Town Front Street and th 4Street. The building is designed to provide active street frontage along these two streets. Multiple points of pedestrian ingress and egress are illustrated on the floor plan of the first floor. There is a main lobby area off of Old Town Front Street allowing access to a staircase. There is th also an entrance on the corner of Old Town Front Street and 4Street. This entrance is located on the bottom of a tower element. This element will create a focal point to guide pedestrians. Other entrances are shown on the floor plan. These are anticipated to be modified throughout the life of the building as tenants move in and out. The project also features a gallery along Old th Town Front Street and 4Streetthat is level with the sidewalks. The gallery will allow for outdoor dining opportunities. An alley is located immediately to the north of the project. All utilities and trash receptacles are located within this alley. Parking is not required for the commercial and office uses anticipated for the structure. X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\STAFF REPOR1.docx 2 The Specific Plan establishes a build-to-line for all new buildings. Within the DTC district, the building is required to be placed ten feet behind the property line. Galleries are allowed to encroach into this space. The proposed building will meet the build-to line requirement along the building frontage. In addition to build-to-line requirements, the Specific Plan establishes allowable building and frontage types appropriate for a vibrant public realm. The DTC district allows the following building types:Row House, Courtyard Building, and Commercial Block. The following frontage types are permitted in the DTC: Shop Front, Arcade, Gallery, Two-Story Gallery, and Forecourt. The proposed project incorporates the Commercial Block building type and a variationof the Two-Story Gallery frontage type (by adding a third story). The building meets all design requirements and standards, including building height, size, and massing for this style. The application is consistent with the OTSP and has proposed an effective design to create a vibrant streetscape. Architecture The architectural design of the building is consistent with the OTSP. The three-story building incorporates a Spanish Mission Revival architectural style. The structure includes smooth stucco finish, decorative wrought iron details, round arches, exposed rafter tails, and clay tile roofing. These elements are represented on all elevations of the structure. Landscaping Liquid Amber trees will be planted along Old Town Front Street. Fourth Street will feature London Plane trees. All trees will come in a 36 inch box before planting and will incorporate the tree grate specified in the OTSP. The project will also feature six large terracotta pots within the first floor gallery that will house Red Kangaroo Paws. These pots will add visual interest to the structure while maintaining the requirements of the OTSP. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San DiegoonDecember 4th, 2015and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review(15332, Class 32, In-Fill Development Projects). The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The sitehas no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The project is not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality. X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\STAFF REPOR1.docx 3 FINDINGS Development Code (Section 17.05.010.F) 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 project is for a shell building. Any use that is proposed for thebuilding will need to meet the requirements of the Old Town Specific Plan, General Plan for Temecula,State law,and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure for the protection of the public health, safety, and general welfare. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A -Draft Conditions of Approval Notice of Public Hearing X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\STAFF REPOR1.docx 4 PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULAAPPROVING PLANNING APPLICATION NO.PA15-0694,ADEVELOPMENT PLAN APPLICATION TO ALLOW FOR THECONSTRUCTION OF ANAPPROXIMATELY 13,907SQUARE FEET THREE- STORY SHELL BUILDINGON THE NORTHEAST CORNER OF OLD TOWN FRONT STREET AND 4TH STREETAND MAKING A FINDINGOF EXEMPTION UNDER THE CALIFORNIAENVIRONMENTAL QUALITY ACT (CEQA) (APN:922-033-021) Section 1.Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A.On May 5, 2015, Dave Madden of DMA,filed Planning Application No. PA15-0694,Development Plan 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 December 16, 2015, 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. PA15-0694subject to and based upon the findings set forth hereunder. E.All legal preconditionsto the adoption of the Resolution have occurred. Section 2.Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan, Development Code Section 17.05.010.F A.The proposed use is in conformancewith the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Theproject is for a shell building. Any use that is proposed for the building will need to meet the requirements of the Old Town Specific Plan, General Plan for Temecula, State law, and other Ordinances of the City. B.The overall development of the land is designed for the protection of the public health, safety, and general welfare. X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\Pc resolution no.docx Theproject has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure for the protection of the public health, safety, and general welfare. Section 3.Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Development PlanApplication: A.In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt fromfurther environmental review (Section 15332,Class 32,In-Fill Development Projects); The project meets all General Plan and Zoning policies and regulations and is located within City limits on a site of no more than five acres. The site has no value as habitat for endangered, rare or threatened species. The site is also surrounded by development and is able to be serviced by all required utilities and public services. The projectis not anticipated to result in any significant effects relating to traffic, noise, air quality, or water quality. Section 4.Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-0694,a Development Plan application to allow for the construction of anapproximately 13,907 square feet three-story shell building on the northeast corner of Old Town Front Street and 4thStreet,subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\Pc resolution no.docx PASSED, APPROVED ANDADOPTED Section 5.by the City of Temecula Planning Commission this 16thday of December,2015. Lanae Turley-Trejo, Chairperson ATTEST: Luke Watson Secretary \[SEAL\] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I,Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15-was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16thday of December,2015, by the following vote: AYES:PLANNING COMMISSIONERS: NOES:PLANNING COMMISSIONERS: ABSENT:PLANNING COMMISSIONERS: ABSTAIN:PLANNING COMMISSIONERS: Luke Watson Secretary X:\\Planning\\2015\\PA15-0694 4th and Front Street Bldg DP\\Planning\\Hearing\\Pc resolution no.docx EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA15-0694 Planning Application No.: 4th and Front Street Building Development Plan: A Development Plan Project Description: application to allow for the construction of anapproximately 13,907 square feet three-story shell building on the northeast corner of Old Town Front Street and 4thStreet 922-033-021 Assessor's Parcel No.: Commercial MSHCP Category: Retail Commercial DIF Category: Retail Commercial TUMF Category: N/A (Non-Residential Project) Quimby Category: December 16, 2015 Approval Date: December 16, 2018 Expiration Date: PLANNING DIVISION Within 48 Hours of the Approval Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a 1. cashiers 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 Exemptionas 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 Division 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 2.Indemnification of the City. 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. 3.Expiration. This approval shall be used within three 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 three 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. 4.Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to five (5) one-year extensions of time, one year at a time. 5.Consistency withSpecific Plans. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 5 (Old Town). 6.Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measuresidentified within the Old Town Specific Plan EIR. 7.Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 8. Signage Permits. A separate building permit shall be required for all signage. 9.Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10.Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 11.Water Quality and Drainage. 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 shall 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. 12.Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 13.Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 14.Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 15.Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 16.Construction and Demolition Debris waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements and construction debris. 17.Public Art Ordinance. The applicant shall comply with the requirements of t Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 18.Property Maintenance. 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. Prior to Issuance of Grading Permit 19.Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verificationof proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 20.Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 21.Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes e during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Directorof Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community 22.Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 23.Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 24.Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 25.Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 26.Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found onthe project area, to the Pechanga Tribe for proper treatment and disposition." 27.Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 28.MSHCP Pre-Construction Survey. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre-grading meeting with Public Works. 29.Burrowing Owl Grading Note. The following shall be included in the Notes Section of the -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30-day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a q Prior to Issuance of Building Permit 30.Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 31. Downspouts. All downspouts shall be internalized. 32.Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 33.Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 34.Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 35.Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one- the Planning Division to schedule inspections. 36.Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the 37.Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 38.Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 39.Specifications of Landscape Maintenance Program. Specifications of the landscape inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one- shall contact the Planning Division to schedule inspections. 40.Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for (private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas). Choose those that apply 41.Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 42.Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 43.Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.)to match the style of the building subject to the approval of the Director of Community Development. 44.Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 45.Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 46.Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 47.Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 48.Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 49.TCSD Service Levels the existence of the Temecula Community Service District (TCSD) and its service level rates and charges to all prospective purchasers. 50.Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 51.Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated June 16, 2015, a copy of which is attached. Any fees are made payable to the Rive check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 52.Compliance with EMWD. The applicant shall comply with the recommendations set forth in the June 22, 2015, a copy of which is attached. 53.Compliance with RCWD. The applicant shall comply with the recommendations set forth in the June 17, 2015, a copy of which is attached. 54.Compliance with County Geologist. The applicant shall comply with the recommendations set forth in the Riverside County Planning Department (County Geologist) transmittal dated December 1, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 55.Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 56.Entitlement Approval. The developer shall comply with the approved site plan and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 57.Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 58.HaulRoute Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the Ci and Construction Manual and as directed by Public Works. 59.Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained from Public Works for public off site improvements. 60.Street Improvement Plans. The developer shall submit public street improvement plans for review and approval by Public Works. Prior to Issuance of a Grading Permit 61.Approval of building plans. The developer shall obtain approval from the Building Official for floodproofing the building and provide to Public Works. 62.Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. 63.Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 64.NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a.A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. c.The name, contact information and certification number of the Qualified SWPPP Developer (QSD) water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 65.Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. The creation of new cross lot drainage is not permitted. 66.Floodplain/Floodway Development. The developer shall comply with the provisions of Title 15, Chapter 15.12 of the Temecula Municipal Code, which requires a Floodplain Development Permit. 67.Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 68.Letter of Permission/Easement. The developer shall obtain documents (letters of permission is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 69.Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 70.Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 71.Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 72.Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 73.Street Trenching. All street trenches shall conform to City Standard Paving Notes. Prior to Issuance of Building Permit(s) 74.Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or privatestreet corresponding City standards. All street improvement designs shall provide adequate right-of-ing street improvements. a.Old Town Front Street ( Old Town Specific Plan Standard) to include installation of rolled curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b.FourthStreet ( Old Town Specific Plan Standard) to include installation of rolled curb and gutter, sidewalk, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). 75.Certifications. Certifications are required from the registered civil engineer-of-record certifying -of-record certifying compaction of the building pad(s). BUILDING AND SAFETY DIVISION General Requirements 76.Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC),and related codes which are enforced at the time of building plan submittal. 77.Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 78.Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a.All ground floor units to be adaptable. b.Disabled access from the public way to the main entrance of the building. c.Path of accessibility from parking to furthest point of improvement. d.Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 79.County of Riverside Mount Palomar Ordinance. Applicant shall submit, at timeof plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 80.Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single-family residential projects. 81.Clearance from TVUSD. A receipt or clearance letter from the Temecula ValleyUnified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 82.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 83.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 84. Demolition. Demolition permits require separate approvals and permits. 85.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 86.Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 87.House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 88.Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a.An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b.A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2013 edition of the California Building Code. c.A precise grading plan to verify accessibility for persons with disabilities. d.Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 89.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 90.Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 91.Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. FIRE PREVENTION General Requirements 92.Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 93.Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans arereviewed 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. 94.Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20-PSI residual operating pressure for a 4-hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 95.Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020) 96.All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020) Prior to Issuance of Building Permit(s) 97.Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 98.Required Submittals (Fire Sprinkler Systems). Firesprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 99.Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 100.Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 101.Knox Box--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). 102.Addressing. 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, multi-family residential and industrial 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 minimumof 6-inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have 4-inch letters and/or numbers, as approved by the Fire Prevention Bureau (CFC Chapter 5 and City Ordinance 15.16.020). POLICE DEPARTMENT General Requirements 103.Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one-foot candle illumination at ground level, evenly dispersed. 104.Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 105.Outdoor Lighting During Non-Business Hours. order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non-business hours. The order, in fornia retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non-business hours except as necessary for the health and safety of the public, enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 106.Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 107.Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696-HELP. 108.Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 109.Roof Hatches 110.Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 111.Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept strategies that support this concept areincluded as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines-of-sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 112.Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSIONto consider the matter described below: Case No: PA15-0694 Applicant: Dave Madden of DMA Proposal: A Development Plan application to allow for the construction of a three-story shell building on the northeast corner of Old Town Front Street and 4th Street. The building will total approximately 13,907 square feet. 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 beadoptedin compliance with CEQA (Section15332, Class32, In-Fill Development Projects) CasePlanner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: December 16, 2015 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 Supplemental Material www.cityoftemecula.org.Any 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 www.cityoftemecula.organd 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 Community DevelopmentDepartment, (951) 694-6400. STAFF REPORT PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: December 16, 2015 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Director of Community Development PREPARED BY: Dale West,Case Planner APPLICANT NAME: City of Temecula PROJECT Planning Application Number LR15-1619, Municipal Code SUMMARY: amendment adding Chapter 8.52, Marijuana Cultivation, to the Temecula Municipal Code CEQA: Exempt Section15061(b)(3) RECOMMENDATION: Adopt aResolution recommending the City Council adopt an Ordinance adding Chapter 8.52, Marijuana Cultivation, to the Temecula Municipal Code to prohibit the cultivation of marijuana, amending Title 17, Zoning, to prohibit marijuana cultivation use in all zones, andamendingChapter 1.21, Administrative Penalties and Citations, to amend thedefinition of enforcement official. BACKGROUND SUMMARY In 1996, California voters adopted the Compassionate Use sHealth and Safety Code Section 11362.5. The CUA provides a limited defense from prosecution for cultivation and possession of marijuana. In 2004s Health and Safety Code Sections 11362.5 to 11362.83. The MMPprovides qualified patients, primary caregivers, and holders of valid identification cards who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. In 2010 and 2011, Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program Act to expressly recognize the authority of counties and cities to "\[a\]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. Since AB 2650 and AB 1300, the California courts have found that neither the CUA nor the MMP provide medical marijuana patients with an unfettered right to obtain, cultivate, or dispense marijuana for medical purposes. (City of Riverside v. Inland Empire Patients Health and Wellness Center, 56 Cal.4th 729 (2013); Maral v. City of Live Oak, 221 Cal.App.4th 975 (2013).) Rather, the statutes set up limited defenses to state criminal prosecution. R:\\1AGENDA MANAGER\\Planning Commission Items\\2015\\121615\\Item #5 (LR15-1619)\\0 PC Staff Report short version (DW v2).docx 1 In November 2013, the Court of Appeal decided and published its decision in the case of Maral v. City of Live Oak, 221 Cal.App.4th 975 (2013). Maral held that cities have authority to prohibit cultivation of all medical marijuana city-wide. The Maral court similarly found that the CUA and chooses. The Maral case is a published decision from the Court of Appeal and constitutes legal precedent upon which cities may rely. The plaintiffs in the Maral case petitioned the California Supreme Court seeking review and/or depublication of the case. The Supreme Court has declined to take the case, and it has denied the request for depublication. The decision in the Maral case, therefore, is final and represents the current law of the State. This year, the Governor signed into lawthree bills comprising the Medical Marijuana Regulation and Safety Act (). These bills are designed to impose additional regulatory mechanisms related to medical marijuana. For example, there will be a dual licensing structure which requires a state and local license or permit in order to cultivate, dispense or transport medical marijuana. The legislation appears to allow cities that wish to ban these land use activities to continue to do so; however, there are critical time constraints. 1.Assembly Bill 266 established a dual licensing structure requiring state and local licenses or permits to establish marijuana businesses. 2.Assembly Bill 643 established criteria for the licensing of medical marijuana businesses, regulating physicians, and recognizing local authority to levy taxes and fees. 3.Assembly Bill 243 includes a provision stating that cities that do not have an ordinance regulating or prohibiting cultivation by March 1, 2016, will lose the authority to regulate or ban cultivation within their city limits. Licensing Requirements (both state and local licenses required) As mentioned above,the Act establishes licensing requirements for the cultivation, distribution, and transportation of medical marijuana, safety and testing standards for medical marijuana and medical marijuana products, and regulates the physicians who recommend or prescribe medical marijuana to patients. The Act provides that once regulations are implemented by the state licensing authority, no person or entity may cultivate, possess, manufacture, process, store, test, label, transport, distribute, or sell medical marijuana or a medical marijuana product without first obtaining a state license.The Act also limits cross licensing; in other words, a licensee may only hold one state license in up to two separate license categories, with certain limitations. For instance, an entity may obtain a distributor and transporter license, but is prohibited from also obtaining a license to manufacture, cultivate, test or dispense medical marijuana. The Actalso stipulates that any person or entity engaged in commercial cannabis activity have both a state license, and a local license or permit, to operate in the state. This means that if a city prohibits or bans marijuana dispensaries in its jurisdiction, then the marijuana dispensary will be unable to obtain a state license for commercial cannabis activity in that city, since the marijuana dispensary is required to first obtain a local permit, license, or authorization from the city. R:\\1AGENDA MANAGER\\Planning Commission Items\\2015\\121615\\Item #5 (LR15-1619)\\0 PC Staff Report short version (DW v2).docx 2 The Act does not require a city to allow medical marijuana dispensaries within its borders; a city that regulates or bans medical marijuana will be able to retain and enforce its local regulations or ban. The Act expressly protects local licensing practices, zoning ordinances, and local power to levy fees and taxes for medical marijuana businesses. The Act also stipulates that acity that does not have land use regulations or an ordinance regulating or prohibiting cultivation of marijuana in effect by March 1, 2016, will lose the authority to regulate or ban cultivation within its city limits. The state will become the sole licensing authority. It should be noted that the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision.The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. The manufacture, distribution, or possession of marijuana remains unlawful and a federal crime under the Federal Controlled Substance Act (21 U.S.C. §§ 812, 841, 844). ANALYSIS In light of the Maraldecision and the Act signed by the Governor, staff was advised by the City Attorney to review its current ordinance andMunicipal Codeand,if necessary, draft an ordinance regulating marijuana cultivation within the City limits. In April 2006, the City Council adopted Ordinance No. 06-05,amending Sections of the Temecula Municipal Code prohibiting the establishment of medical marijuana dispensaries within the City. After review of Ordinance No. 06-05, staff has determined that itdoes not regulate the cultivation of marijuana within the City. As discussed above, if a city does not have in place land use regulations that prohibit or regulate the cultivation of marijuana, or chooses not to administer a conditional permit program, then beginning March 1, 2016, the Department of Food and Agriculture will be the sole licensing authority for medical marijuana cultivation applicants in that city. Based on the direction provided to staff and the secondary effects discussed below, a draft Ordinance wasprepared, prohibitingthe cultivation of marijuana within the City of Temecula. Secondary Effects As recognized by the Attorney General's August 2008 Guidelines for the security and non- diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and R:\\1AGENDA MANAGER\\Planning Commission Items\\2015\\121615\\Item #5 (LR15-1619)\\0 PC Staff Report short version (DW v2).docx 3 necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. Additionally, marijuana cultivation at locations or premises within the vicinityof schools, parks, and community centers creates unique risks that the marijuana plants may be observedby minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that minors will be involved orendangered. Therefore, any amount of marijuana cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants. The justification for re power includes, but is not limited to: 1.The increased risk to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2.T interfere with the use and enjoyment of neighboring properties by their occupants; and 3.The potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U-T San Diegoon December 5,2015. ENVIRONMENTALDETERMINATION Inaccordance with the California Environmental Quality Act (CEQA), the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restrictionon the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. ATTACHMENTS PC Resolution Notice of Public Hearing R:\\1AGENDA MANAGER\\Planning Commission Items\\2015\\121615\\Item #5 (LR15-1619)\\0 PC Staff Report short version (DW v2).docx 4 PC RESOLUTION PC RESOLUTION NO.15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULARECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLEDAN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52, MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANAIN THE CITY, AMENDING THE ZONING ORDINANCE TO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDINGTHAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANTTO CEQA GUIDELINES, SECTION 15061(B)(3) Section 1.Procedural Findings. The Planning Commission of the City of Temeculadoeshereby find, determine and declare that: A.OnDecember 16, 2015the Planning Commission identified a need to amend the adopted Municipal Code to add a new chapter to the Temecula Municipal Codeprohibitingthe cultivation of marijuana, amending the zoning ordinance to prohibit marijuana cultivation use in all zones, and amending the definition of enforcement official. (Planning Application No. LR15-1619). B.The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C.The Planning Commission, at a regular meeting, considered the application and environmental review onDecember 16, 2015, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested personshad 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 recommended that the City Council approve Planning Application No. LR15-1619subject to and based upon the findings set forth hereunder. E.All legal preconditions to the adoption of this Resolution have occurred. Section 2.Environmental Compliance. In accordance with the California Environmental Quality Act (CEQA), the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. Section 3.Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. LR15- 1619, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. PASSED, APPROVED ANDADOPTED Section 4.by the City of Temecula th Planning Commission this 16day of December2015. Lanae Turley-Trejo, Chairman ATTEST: Luke Watson Secretary \[SEAL\] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss CITY OF TEMECULA) I,Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15-was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on th the 16day of December2015, by the following vote: AYES:PLANNING COMMISSIONERS: NOES:PLANNING COMMISSIONERS: ABSENT:PLANNING COMMISSIONERS: ABSTAIN:PLANNING COMMISSIONERS: Luke Watson Secretary EXHIBIT A City Council Ordinance No. 16-__, Marijuana Cultivation ORDINANCENO.16- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 8.52,MARIJUANA CULTIVATION, TO THE TEMECULA MUNICIPAL CODE TO PROHIBIT THE CULTIVATION OF MARIJUANAIN THE CITY, AMENDINGTHE ZONING ORDINANCETO PROHIBIT MARIJUANA CULTIVATION IN ALL ZONES, AMENDING THE DEFINITION OF ENFORCEMENT OFFICIAL AND FINDINGTHAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CEQAGUIDELINES, SECTION 15061(B)(3) THE CITY COUNCIL OF THE CITY OF TEMECULADOES HEREBYORDAIN AS FOLLOWS: Section 1. Chapter 8.52, Marijuana Cultivation, is hereby added to the Temecula Municipal Code to read as follows: CHAPTER 8.52 -MARIJUANA CULTIVATION 8.52.010 Findings and purpose. The City Council finds and declares the following: A.In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996"). B.The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." C.In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7 et seq., and referred to as the "Medical Marijuana Program") toclarify the scope of Proposition 215, and to provide qualifying patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified state criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "\[a\]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. D.The Medical Marijuana Regulationand SafetyAct was enacted by Chapters 688, 698 and 719 of the Statutes of 2015 and is found at Chapter 3.5 of Division 8 of the Business and Professions Code. While the Act establishes standards for the licensed cultivation of medical marijuana, including, but not limited to, the establishment of uniform state minimum health and safety standards, and testing standards, the state requirements established under the Medical Marijuana Regulation and Safety Act authorize a city to prohibit all cultivation of medical marijuana. E.In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the California Supreme Court held that "\[n\]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no rightand certainly no constitutional right Maralaffirmed the ability of a local governmental entity to prohibit the cultivation of marijuana under its land use authority. F.In Browne v. County of Tehama (2013) 213 Cal. App. 4th 704, the California Court of Appeal found that the CUA does not confer a right to cultivate marijuana and that an ordinance limiting the number of medical marijuana plants that may be grown outside, precluding marijuana cultivation within 1000 feet of schools, parks, and churches, and requiring that an opaque fence of at least six feet to be installed around all marijuana grows was not preempted by state law. Further, in Maral the Court of Appeal police power to completely prohibit the cultivation of all marijuana within that City. G.The Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for medical purposes. H.Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Prohibition of marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, malodorous smells, and indoor electrical fire hazards that may result from unregulated marijuana cultivation, and that areespecially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. I.The justification for regulating or banning marijuana cultivationpursuant to to public safety, based on the value of marijuana plants and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the stro from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where medical marijuana is cultivated in a visible location, particularly where such location is close to schools. J.Marijuana cultivation at locations or premises within one thousand feet of schools, parks, and community centers creates unique risks that the marijuana plants may be observed by minors, and therefore be especially vulnerable to theft or recreational consumption by minors. Further, the potential for criminal activities associated with marijuana cultivation in such locations poses heightened risks that minors will be involved or endangered. Therefore, any amount of marijuana cultivation in such locations or premises is especially hazardous to public safety and welfare, and to the protection of children and the person(s) cultivating the marijuana plants. K.As recognized by the Attorney General's August 2008 Guidelines for the security and non-diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. L.The limited immunity from specified state marijuana laws provided by the Compassionate Use Act and Medical Marijuana Program and the Medical Marijuana RegulationandSafetyAct does not confer a land use right or the right to create or maintain a public nuisance. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the Medical Marijuana Regulationand SafetyAct, and other applicable law. 8.52.030 Definitions. The terms used in this Chapter shall have the definitions provided in Section 17.34.010 of this Code unless otherwise specified. As used in this Chapter the following specific terms shall have the following meanings: A."Marijuana cultivation." The planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical or other uses, including from within a fully enclosed and secure building. B."Primary caregiver." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. C."Qualified patient." Shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7 et seq. 8.52.040 Prohibitions on marijuana cultivationNuisance declared. Marijuana cultivation, either indoors or outdoors, fixed or mobile, for medical or other uses, is prohibited onall parcels, all zones, and all specific plan areas in the Cityand is hereby declared to be unlawful and a public nuisance. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for marijuana cultivation. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding any assertion that the personor persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. 8.52.050 Abatement of unlawful marijuana cultivation. Violations of this Chapter shall be subject to penalties and abatement as provided in Title 1 and Chapter 8.12 this code.No provision of Title 1 or Chapter 8.12 shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code section 11362.71 et seq. Section 2.Residential Zoning Prohibition. Section 17.06.030, Use Regulations, and Table 17.06.030, Residential Districts, are hereby amended to use in all residential zones. Section 3.Commercial, Office, Industrial Zoning Prohibition. Section 17.08.030, Use Regulations, and Table 17.08.030, Schedule of Permitted Uses Commercial/Office/Industrial Districts, are hereby amended to provide that efined in Chapter 8.52, is a prohibited use in all commercial, office and industrial zones. Section 4.Open Space Zoning Prohibition. Section 17.14.030, Use Regulations, and Table 17.14.030, Schedule of PermtitedUses Open Space, are 8.52, is a prohibited used in all openspace zones. Section 5.Enforcement Official. Section 1.21.020, Definitions, of the Temecula Municipal Code is hereby amended to read as follows: 1.21.020 Definitions. The following words and phrases, when used in the context of this Title, shall have the following meanings: A. the Riverside County Sheriff's Department or such other police agency under contract to provide police services to the City; (2) members of the Riverside County Fire Department or such other fire agency under contract to provide fire and emergency services to the City; (3) persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to directors, senior planners, code enforcement officers, building inspectors, or park rangers; and (4) such other employees of the City as may be designated by resolution of the City Council. B. quitclaim deed, mortgage, judgment lien, tax or assessment lien, nt, which is recorded with the county recorder. C. determines is responsible for causing or maintaining a violation of the property owner, tenant, person with a legal interest in real property, or person in possession of real property. Section 6. CEQA Findings. The City Council finds that the adoption of the proposed ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures.The adoption of thisOrdinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. PASSED, APPROVED, AND ADOPTED by the City Council of the City of th Temecula this12day of January,2016. Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk \[SEAL\] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I,Randi Johl, City Clerkof the City of Temecula, do hereby certify that the foregoing OrdinanceNo. 16-was duly introduced and placed upon its first reading at a th meeting of the City Council of the City of Temecula on the 12day of January,2016,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 ,,bythe following vote: AYES:COUNCILMEMBERS: NOES:COUNCILMEMBERS: ABSTAIN:COUNCILMEMBERS: ABSENT:COUNCILMEMBERS: Randi Johl, City Clerk NOTICE OF PUBLIC HEARING Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSIONto consider the matter described below: Case No: LR15-1619 Marijuana Cultivation Ordinance Applicant: City of Temecula Proposal: Astaff initiated application to amend the Temecula Municipal Code, to add Chapter 8.52, Marijuana Cultivation,prohibiting all marijuana cultivation in the City. This applicationalso involves an amendment to Sections 17.06.030,17.080.030 and 17.14.030ofthe Zoning Code to prohibit the cultivation of marijuana in residential, commercial,office, industrialand open spacezones in the City. The application also amends the definition of enforcement official contained in Section 1.21 of the Temecula Municipal Code. 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 beadoptedin compliance with CEQA Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this ordinance will have a significant effect on the environment. The ordinance bans the growing of marijuana. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures.The adoption of this Ordinance imposes greater limitations on uses allowed in the City and therefore will eliminate adverse environmental impacts. CasePlanner: Dale West, (951) 693-3918 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: December 16, 2015 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 Supplemental Material www.cityoftemecula.org.Any 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 www.cityoftemecula.organd 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 Community DevelopmentDepartment, (951) 694-6400.