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AGENDA
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JULY 6, 2016—6:00 PM
Next in Order:
Resolution: 16-21
CALL TO ORDER:
Flag Salute: Commissioner Youmans
Roll Call: Guerriero, Telesio, Turley-Trejo, Watts and Youmans
PUBLIC COMMENTS
A total of 15 minutes is provided for members of the public to address the Commission
on items that are not listed on the Agenda. Speakers are limited to three minutes each. If
you desire to speak to the Commission about an item not on the Agenda, a salmon
colored "Request to Speak" form should be filled out and filed with the Commission
Secretary.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items a "Request to Speak" form must be filed with the Commission
Secretary prior to the Commission addressing that item. There is a three-minute time
limit for individual speakers.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Regular Meeting Action Minutes of June 15, 2016
1
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 Community
Development Department application and must be accompanied by the appropriate filing
fee.
2 Planning Applications PA15-1572 (Development Plan) and PA15 1573 (Conditional Use
Permit), to allow for the construction and operation of two (2) fast-food drive-thru
restaurants and one (1) express car wash within the Vail Ranch Town Center. The site
includes two (2) parcels and totals 2.4 gross acres located at the southwest corner of
Temecula Parkway and Mahlon Vail Road, (APN's 960-020-046 and 960-020-047),
James Atkins
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1572
(DEVELOPMENT PLAN), TO ALLOW FOR THE DEVELOPMENT OF TWO (2)
FAST-FOOD DRIVE-THRU RESTAURANTS AND ONE (1) EXPRESS CAR
WASH WITHIN THE VAIL RANCH TOWN CENTER. THE SITE INCLUDES
TWO (2) PARCELS TOTALING 2.4 GROSS ACRES; AND, MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE SOUTHWEST
CORNER OF TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN 960-
020-046 AND 960-020-047)
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1573
(CONDITIONAL USE PERMIT) TO ALLOW FOR THE OPERATION OF TWO
(2) FAST-FOOD DRIVE-THRU RESTAURANTS AND ONE (1) EXPRESS CAR
WASH WITHIN THE VAIL RANCH TOWN CENTER. THE SITE INCLUDES
TWO (2) PARCELS TOTALING 2.4 GROSS ACRES; AND, MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA). THE SITE IS LOCATED ON THE SOUTHWEST
CORNER OF TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN 960-
020-046 AND 960-020-047)
2
3 Planning Application Number PA16-0503, a use permit for a Large Family Day Care
with a maximum of fourteen (14) children, operated by one (1) full-time employee and
one (1) part-time employee, Monday thru Friday from 7:30 a.m. to 6:00 p.m., with drop-
off and pick-up times between the hours of operation for an existing single-family
residence located at 41342 Salt River Court, Brandon Rabidou
RECOMMENDATION:
3.1 Adopt a resolution entitled:
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0503, A USE
PERMIT FOR A LARGE FAMILY DAY CARE WITH A MAXIMUM OF
FOURTEEN (14) CHILDREN, OPERATED BY ONE (1) FULL-TIME
EMPLOYEE AND ONE (1) PART-TIME EMPLOYEE, MONDAY THRU FRIDAY
FROM 7:30 A.M. TO 6:00 P.M., WITH DROP-OFF AND PICK-UP TIMES
BETWEEN THE HOURS OF OPERATION FOR AN EXISTING SINGLE-
FAMILY RESIDENCE LOCATED AT 41342 SALT RIVER COURT, AND
MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 953-130-021)
REPORTS FROM COMMISSIONERS
REPORTS FROM COMMISSION SUBCOMMITTEE(S)
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
Next regular meeting: Planning Commission, Wednesday, July 20, 2016, 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.org — 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.org — 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 Community Development Department
at the Temecula Civic Center, (951)694-6400.
3
ITEM 1
ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JUNE 15, 2016—6:00 PM
Next in Order:
Resolution: 16-20
CALL TO ORDER: Chairman Guerriero (6:00 p.m.)
Flag Salute: Commissioner Watts led the Pledge of Allegiance
ROLL CALL:
Commissioners Present: Guerriero, Telesio, and Watts
ABSENT: TURLEY-TREJO AND YOUMANS
Staff Present: Fisk, Marroquin, De LaTorre, Rabidou, and Jacobo
PUBLIC COMMENT
There were no public comments.
NOTICE TO THE PUBLIC
All matters listed under Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There will be no discussion of these items unless Members
of the Planning Commission request specific items be removed from the Consent
Calendar for separate action.
CONSENT CALENDAR
1 Minutes
RECOMMENDATION:
1.1 Approve the Regular Meeting Action Minutes of June 1, 2016 APPROVED 3-0-
2; MOTION BY COMMISSIONER WATTS AND SECOND BY COMMISSIONER
TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO,
AND WATTS; TURLEY-TREJO AND YOUMANS ABSENT
1.2 Approve the Workshop Action Minutes of June 6, 2016 APPROVED 3-0-2;
MOTION BY COMMISSIONER WATTS AND SECOND BY COMMISSIONER
TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO, TELESIO,
AND WATTS; TURLEY-TREJO AND YOUMANS ABSENT
Planning Commission - Regular Meeting June 15, 2016
Action Minutes Page 2 of 3
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 Community Development
Department application and must be accompanied by the appropriate filing fee.
2 Planning Application Number PA15-1898, a Maior Modification to DCH Chrysler/Dodge/-
Jeep/Ram to add 1,200 square feet of new showroom area and sales office area for Fiat
at the existing dealership site located at 26845 Ynez Road, Brandon Rabidou
APPROVED 3-0-2; MOTION BY COMMISSIONER WATTS AND SECOND BY
COMMISSIONER TELESIO; AYE VOTES FROM COMMISSIONERS GUERRIERO,
TELESIO AND WATTS; TURLEY-TREJO AND YOUMANS ABSENT
RECOMMENDATION:
2.1 Adopt a resolution entitled:
PC RESOLUTION NO. 16-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA15-1898, A
MAJOR MODIFICATION TO DCH CHRYSLER/DODGE/JEEP/RAM TO ADD
1,200 SQUARE FEET OF NEW SHOWROOM AREA AND SALES OFFICE
AREA FOR FIAT AT THE EXISTING DEALERSHIP SITE LOCATED AT 26845
YNEZ ROAD AND MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA) (APN 921-720-001)
REPORTS FROM COMMISSIONERS
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
The Planning Commission meeting was adjourned at 6:08 P.M. to the next regular meeting:
Planning Commission, Wednesday, July 6, 2016, 6:00 PM City Council Chambers, 41000 Main
Street, Temecula, California.
Ron Guerriero Luke Watson
Chairperson Director of Community Development
2
ITEM 2
STAFF REPORT— PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: July 6, 2016
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community Development
PREPARED BY: James Atkins, Case Planner
PROJECT Planning Applications PA15-1572 (Development Plan) and
SUMMARY: PA15-1573 (Conditional Use Permit), to allow for the construction
and operation of two (2) fast-food drive-thru restaurants and one (1)
express car wash within the Vail Ranch Town Center. The site
includes two (2) parcels and totals 2.4 gross acres located at the
southwest corner of Temecula Parkway and Mahlon Vail Road.
(APN's 960-020-046 and 960-020-047).
RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of
Approval
CEQA: Categorically Exempt
Section 15332, Class 32 In-Fill Development Projects
PROJECT DATA SUMMARY
Name of Applicant: Richard Finkel
General Plan Industrial Park (IP)
Designation:
Zoning Designation: SP-10 (Vail Ranch)
Existing Conditions/
Land Use:
Site: Vacant, previously graded pad
North: Existing Residential (LM)
South: Existing Commercial Building (IP)
East: Existing Commercial Building (IP)
West: Existing Commercial Building (IP)
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Proposed Min/Max Allowable or Required
Lot Area: 11 acres (existing) 10 acres
Total Floor Area/Ratio: 0.22 proposed 0.40 target/ 1.5 maximum
Landscape Area/Coverage: 25% proposed 25% minimum
Parking Required/Provided: 526 proposed (shared) 431 minimum (shared)
BACKGROUND SUMMARY
On October 20, 2015, Richard Finkel submitted Planning Applications PA15-1572 and
PA15-1573 for a Conditional Use Permit with a Development Plan.
The site is located in the Vail Ranch Town Center shopping center at the southwest corner of
Temecula Parkway and Mahlon Vail Road. This development is part of the Vail Ranch Specific
Plan (SP-10) that was approved while the area was located within the jurisdictional boundaries
of Riverside County. The area of SP-10 in which this center is located is identified as having a
Business Park (BP) land use. The list of uses permitted in the BP section of Vail Ranch
includes drive-thru restaurants and carwash facilities.
Currently the center includes a diverse mixture of uses that include medical offices, a dance
studio, fitness facility and general commercial retail. The proposed development will allow for
the construction and operation of three (3) separate structures that include two (2) drive-thru
restaurants and one (1) car wash. The applicant is proposing these three facilities in order to
balance the uses of the existing site, as well as those adjacent to the center.
ANALYSIS
Site Plan
This proposal is part of SP-10 and is located at the southwest corner of Temecula Parkway and
Mahlon Vail Road. The proposed site constitutes 2.4 acres, or 21% of the overall 11 acre Vail
Ranch Town Center. The site is currently vacant and is the only remaining portion of the overall
site that is undeveloped.
The overall site currently includes six (6) structures. This proposal intends to complete the
overall development by constructing three (3) separate structures that will include two (2) drive-
thru restaurants and one (1) car wash on the remaining vacant portions of the site. As identified
on the proposed new site plan, the drive-thru restaurant located at the corner of the site is
Building E, the drive-thru restaurant located in the center is Building D, and the carwash
proposed on the west side of the site is Building C.
All three structures are rectangular shaped and oriented such that they are perpendicular to
Temecula Parkway. All three structures are set back from the street frontage to allow for the
individual uses to provide efficient circulation throughout the entire center, while at the same
time maximizing the ability to provide efficient parking for each use.
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Landscaping is primarily placed at the perimeter of the site, adjacent to Temecula Parkway and
Mahlon Vail Road. There is also significant landscaping in the areas that create and separate
drive aisles and within landscaped islands throughout the parking field. Three new trash
enclosures are proposed for the site — one for each new use. Each is located north of the
proposed structures, adjacent to the Temecula Parkway. The proposed enclosure adjacent to
buildings C and D will house two trash receptacles, one for each of the two buildings. Each
enclosure provides a clear ADA path of travel for access.
The drive-thru structures, Buildings D and E, are both 3,400 square feet in size. The carwash
structure, Building C, is 3,750 square feet. Building setbacks meet or exceed the minimum
requirements set forth in the Municipal Code and SP-10. As proposed, the building heights are
34-feet 6-inches for Building C, 26-feet for Building D, and 23-feet for Building E, which is less
than the maximum 50-feet for the BP zone. The proposed lot coverage for the new
development is 22 percent, which is well below the maximum 40 percent. Landscape coverage
is proposed at 25 percent which meets the 25 percent requirement for BP zones.
Architecture
The existing architectural style of the center may be best defined as a modern expression of
"Italian Renaissance" in the sub-category of the Mediterranean style. The architectural
elements that define this style and which are present in the structures include hipped tiled roofs
with cornice features, roof-line parapets, arches above first-story windows, and entries and
fenestration accentuated by small classical columns or pilasters.
The proposed drive-thru restaurants and carwash are single-story structures whose designs
attempt to tastefully blend with and complement the existing structures. The building massings,
although primarily rectangular in shape, provide elevations that have no blank or entirely flat
walls. Each elevation attempts to achieve changes in height and plane that break up the
appearance. The elevations include windows and massings that project and/or recess,
providing surface variations and three dimensional qualities creating shadows and visual relief
to the structure. The building massings also create a varied roof line where all roof mounted
equipment will be screened from view.
Special attention was given to the west elevation of the carwash as it is the most visible
elevation entering the site, as well as from vehicle traffic travelling east on Temecula Parkway.
As the structure is essentially a long tunnel, significant windows have been added to this
elevation, as well as pilasters and trim that create a three dimensional appearance that produce
a more pedestrian friendly appearance.
Landscaping
The proposed landscape design includes tree and shrub placement that serve to effectively
screen and soften the visual appearance of the structures and parking areas. Proposed trees
will be planted at 36-inch and 24-inch box sizes with species that include London Plane, Crepe
Myrtle, California Pepper, and Fern Pine. Shrubs, vines and groundcovers will include mostly 5-
gallon sized, with some and 1-gallon sized species. The specimens and will include, but not
limited to Purple Trailing Lantana, Yellow Lantana, India Hawthorn, and Cats Claw. All proposed
plant species must comply with the City's Municipal Code Chapter 17.32 Water-Efficient
Landscape Design.
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Access/Circulation/Parking
The project is designed to provide orderly development within the context of the existing site
which includes vehicular access to the site. This has been achieved by using the existing
primary ingress/egress drive off of Rancho California Road on the north side of the property and
the secondary ingress/egress off of Mahlon Vail Road on the east side of the property. The
proposed design of the site also maximizes parking and presents a simplified on-site circulation
pattern. The entry/exit aisles for each use have been separated by landscaped medians to the
greatest extent possible in order to relieve the possibility of on-site turning conflicts.
The overall center has a parking agreement allowing for shared access for the overall site. As
proposed, the new development will bring the overall total to 526 spaces, which exceeds the
431 spaces required. Accessible spaces will number 22, exceeding the 12 required. As
proposed, adjacent parking is located near each structure to allow for efficient customer access.
Pedestrian access may be made directly from Temecula Parkway and Mahlon Vail Road via the
existing and proposed sidewalks and pedestrian paths. The pedestrian paths will serve as the
required ADA pathway from the public right of way, to the entrance of the structure.
The Public Works Department and Fire Department have analyzed the project's design and has
determined that it meets the requirements for adequate access and circulation, including
emergency vehicles.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U-T San Diego on June 23, 2016 and mailed
to the property owners within a 600-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 (Section 15332,
Class 32 In-Fill Development Projects).
The request for a Development Plan and Conditional Use Permit for the construction and
operation of two (2) drive-thru restaurants and one (1) car wash, in the Vail Ranch Specific Plan
(SP-10) is in conformance with all General Plan designations, policies and zoning requirements
of the Development Code and will be conducted in an in-fill area within the city limits on a site
less than five acres in size. The project has no value as a habitat for endangered, rare or
threatened species. Approval of the site will not result in any significant effects relating to traffic,
noise, air quality, or water supply. All access and public utilities are available to the site.
FINDINGS
Conditional Use Permit (Development Code Section 17.04.010.E)
The proposed conditional use is consistent with the General Plan and the Development Code.
The proposed use is consistent with the City of Temecula General Plan and the Vail Ranch
Specific Plan (SP-10) which specifies that restaurants and carwashes are permitted to operate
within the business park zone with acquisition of a Conditional Use Permit.
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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 three (3) structures, two (2) drive-thru restaurants and one (1) car wash, are proposed in
the Vail Ranch Specific Plan (SP-10). 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 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 in order to integrate the use with other uses in the neighborhood.
The application will allow for three (3) separate structures, two (2) drive-thru restaurants and
one (1) car wash, to be operated at this location. The site will remain adequate in size and
shape to accommodate the yards, walls, fences, parking, and other development features
prescribed in the Development Code as required by the Planning Commission in order to
integrate the use with other uses in the neighborhood.
The nature of the proposed conditional use is not detrimental to the health, safety and general
welfare of the community.
As conditioned, the project will meet all requirements of the Development Code, General Plan,
and Building and Fire Codes, which provide safeguards for the health, safety and general
welfare of the community. Therefore, the project is not anticipated to be detrimental to the
health, safety and general welfare of the community. The project has been reviewed for, and as
conditioned, has been found to be consistent with, all applicable policies, guidelines, standards
and regulations intended to ensure that the development will be constructed and function in a
manner consistent with the public health, safety and welfare.
That the decision to 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 or City Council on appeal.
The decision to conditionally approve the application for a Conditional Use Permit has been
based on substantial evidence in view of the record as a whole by the Planning Commission.
The project has been reviewed for, and as conditioned, has been found to be consistent with, all
applicable policies, guidelines, standards and regulations intended to ensure that the
development will be constructed and function in a manner consistent with the public health,
safety and welfare.
Development Plan (Code Section 17.05.010F)
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.
As conditioned, the proposed drive-thru restaurants and car wash are consistent with land use
designation and policies reflected for the Vail Ranch Specific Plan (SP-10) and the City of
Temecula General Plan. The Vail Ranch Specific Plan has listed drive-thru restaurants and car
washes as conditionally permitted uses which comply with the General Plan. The site is properly
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5
planned and zoned and is physically suitable for the use proposed. The project is also
consistent with other applicable requirements of State law and local ordinances, including the
California Environmental Quality Act (CEQA), the City Wide Design Guidelines, and fire and
building codes.
The overall development of the land is designed for the protection of the public health, safety,
and general welfare.
As conditioned, the project will meet all requirements of the Development Code, General Plan,
and Building and Fire Codes, which provide safeguards for the health, safety and general
welfare of the community and the overall design of the site, building, landscaping, parking,
circulation and other associated site improvements, is consistent with, and intended to protect
the health and safety of those working in and around the site. The project has been reviewed
for and has been found to be consistent with all applicable policies, guidelines, standards and
regulations intended to ensure that the development will be constructed and function in a
manner consistent with the protection of the public health, safety, and welfare.
ATTACHMENTS
Aerial Map
Plan Reductions
Resolution (Development Plan)
Exhibit A - Draft Conditions of Approval
Resolution (Conditional Use Permit)
Exhibit A - Draft Conditions of Approval
Statement of Operations
Notice of Public Hearing
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AERIAL MAP
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This map was made by the City of Temecula Geographic Information System..
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Department and the Transportation and Land Management Agency of Riverside
County.The City of Temecula assumes no warranty or legal responsibility for the
N%=.0011 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.
PLAN REDUCTIONS
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DRAFT PC RESOLUTION
(DEVELOPMENT PLAN)
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA15-1572 (DEVELOPMENT PLAN),
TO ALLOW FOR THE DEVELOPMENT OF TWO (2) FAST-
FOOD DRIVE-THRU RESTAURANTS AND ONE (1)
EXPRESS CAR WASH WITHIN THE VAIL RANCH TOWN
CENTER. THE SITE INCLUDES TWO (2) PARCELS
TOTALING 2.4 GROSS ACRES; AND, MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS
LOCATED ON THE SOUTHWEST CORNER OF
TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN
960-020-046 AND 960-020-047)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 20, 2015, Rinchard Finkel filed Planning Application No.
PA15-1843 a Development Plan, in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 6, 2016, 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. PA15-1572, subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Plan (Development Code Section 17.05.010.F)
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;
As conditioned, the proposed drive-thru restaurants and car wash are consistent
with land use designation and policies reflected for the Vail Ranch Specific Plan
(SP-10) and the City of Temecula General Plan. The Vail Ranch Specific Plan
has listed drive-thru restaurants and car washes as conditionally permitted uses
which comply with the General Plan. The site is properly planned and zoned and
is physically suitable for the use proposed. The project is also consistent with
other applicable requirements of State law and local ordinances, including the
California Environmental Quality Act (CEQA), the City Wide Design Guidelines,
and fire and building codes.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
As conditioned, the project will meet all requirements of the Development Code,
General Plan, and Building and Fire Codes, which provide safeguards for the
health, safety and general welfare of the community and the overall design of the
site, building, landscaping, parking, circulation and other associated site
improvements, is consistent with, and intended to protect the health and safety of
those working in and around the site. The project has been reviewed for and has
been found to be consistent with all applicable policies, guidelines, standards and
regulations intended to ensure that the development will be constructed and
function in a manner consistent with the protection of the public health, safety,
and welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In-Fill Development Projects);
The request for a Development Plan for the construction of two (2) drive-thru
restaurants and one (1) car wash, in the Vail Ranch Specific Plan (SP-10) zone
is in conformance with all general plan designations, policies and zoning
requirements of the Development Code and will be conducted in an In-Fill area
within the city limits on a site less than five acres in size. The project has no
value as a habitat for endangered, rare or threatened species. Approval of the
site will not result in any significant effects relating to traffic, noise, air quality, or
water supply. All access and public utilities are available to the site.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA15-1572, to allow for the construction of two (2)
fast-food drive-thru restaurants and one (1) express car wash within the Vail Ranch
Town Center located at the southwest corner of Temecula Parkway and Mahlon Vail
Road (APN 960-020-046 and 960-020-047), and making a finding of exemption under
the California Environmental Quality Act (CEQA) subject to the Conditions of Approval
set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of July, 2016.
Ron Guerriero, 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. 16- 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 July, 2016, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA15-1572
Project Description: Vail Ranch DP: a Development Plan to allow for the construction of two (2)
fast-food drive-thru restaurants, and one (1) express car wash within the
Vail Ranch Town Center. The site includes two (2) parcels and totals 2.4
gross acres and is located at the southwest corner of Temecula Parkway
and Mahlon Vail Road.
Assessor's Parcel No.: 960-020-046
960-020-047
MSHCP Category: Commercial
DIF Category: Retail Commercial
TUMF Category: Retail Commercial
Quimby Category: N/A(non-residential)
Approval Date: July 6, 2016
Expiration Date: July 6, 2019
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
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
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 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 and its
attorneys 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. Use means 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 5 extensions of
time, one year at a time.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Specific Plan No. 10 (Vail Ranch).
g. 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.
7. Signage Permits. A separate building permit shall be required for all signage.
8. 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.
g. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan
check approval for the grading permit.
10. 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 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.
11. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent
specific items, materials, equipment, techniques, finishes or similar matters are specified, shall
be deemed satisfied by City staff's prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent of
that required by the Conditions of Approval. Staff may elect to reject the request to substitute,
in which case the real party in interest may appeal, after payment of the regular cost of an
appeal, the decision to the Planning Commission for its decision.
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. Reciprocal Use Agreement. 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 Division a copy of a recorded Reciprocal Use
Agreement, which provides for cross-lot access and parking across all lots.
17. Phased Construction. If construction is phased, a construction staging area plan or phasing
plan for construction equipment and trash shall be approved by the Director of Community
Development.
18. Construction and Demolition Debris. The developer shall contact the City's franchised solid
waste hauler for disposal of construction and demolition debris and shall provide the Planning
Division verification of arrangements made with the City's franchise solid waste hauler for
disposal of construction and demolition debris. Only the City's franchisee may haul
demolition and construction debris.
19. 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
20. Placement of Transformer. Provide the Planning Division with a copy of the underground
water plans and electrical plans for verification of proper placement of transformer(s) and
double detector check valves prior to final agreement with the utility companies.
21. 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.
22. Archaeological/Cultural Resources Grading Note. The following shall be included in the
Notes Section of the Grading Plan: "If at any time during excavation/construction of the site,
archaeological/cultural resources, or any artifacts or other objects which reasonably appears
to be evidence of cultural or archaeological resource are discovered, the property owner shall
immediately advise the City of such and the City shall cause all further excavation or other
disturbance of the affected area to immediately cease. The Director of 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 Director of
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 Development."
23. 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.
24. 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."
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 on the 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 Plan: "No grubbing/clearing of the site shall occur prior to scheduling the
pre-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 qualified biologist."
30. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved
by the Planning Division.
Prior to Issuance of Building Permit
31. 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.
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. 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.
34. 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.
35. 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 to
66 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.
36. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough
grading plans including all structural setback measurements.
37. 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.
38. Landscaping Requirement for Phased Development. If any phase or area of the project site
is not scheduled for development within six months of the completion of grading, the
landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil
erosion control.
39. WQMP Landscape Compliance. The construction landscape plans shall be consistent with
Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for
plant materials and treatment facilities, and shall reference the approved precise grading plan
for WQMP features.
40. 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
41. 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.
42. Installation of Site Improvements. All site improvements, including but not limited to, parking
areas and striping shall be installed.
43. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
BUILDING AND SAFETY DIVISION
General Requirements
44. 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.
45. 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.
46. ADA 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. Van accessible parking located as close as possible to the main entry.
d. Path of accessibility from parking to furthest point of improvement.
e. 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.
47. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of 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.
48. 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.
49. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified
School District shall be submitted to the Building and Safety Department to ensure the
payment or exemption from School Mitigation Fees.
50. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
51. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits.
52. Demolition. Demolition permits require separate approvals and permits.
53. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
54. 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.
55. 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.
56. Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for all designed
fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations
shall be installed by individuals with classification or certification covering the installation of
these systems. Provide certification for the installation of each area and certification of
compliance for Building Official's approval.
At Plan Review Submittal
57. 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 precise grading plan to verify accessibility for persons with disabilities.
c. 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)
58. 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.
59. 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)
60. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp
of a registered professional with original signature on the plans.
Prior to Beginning of Construction
61. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
FIRE PREVENTION
General Requirements
62. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances
per CFC Appendix C. Super fire hydrants (6" x 4" x (2) 2 '/2" outlets) shall be located on fire
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).
63. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the
facility or building hereafter constructed or moved into or within the jurisdiction is more than
400 feet from a hydrant on a fire apparatus road, as measured by an approved route around
the exterior of the facility or building, on-site fire hydrants and mains shall be provided where
required by the fire code official. (CFC Chapter 5).
64. Fire Dept. Plan Review. 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.
65. 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)
66. 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).
67. 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).
68. Turning Radius. Dead end roadways and streets in excess of 150 feet which have not been
completed shall have a turnaround capable of accommodating fire apparatus (CFC Chapter 5
and City Ordinance 15.16.020).
Prior to Issuance of Building Permit(s)
69. 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).
70. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the
Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the
installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to
the issuance of building permit. The fire sprinkler riser room will have exterior access and will
house only the fire sprinkler riser and fire alarm control panel.
71. 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
72. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
73. Knox Box. 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).
74. 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 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).
75. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site
plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5).
DRAFT PC RESOLUTION
(CONDITIONAL USE PERMIT)
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA15-1573 (CONDITIONAL USE
PERMIT) TO ALLOW FOR THE OPERATION OF TWO (2)
FAST-FOOD DRIVE-THRU RESTAURANTS AND ONE (1)
EXPRESS CAR WASH WITHIN THE VAIL RANCH TOWN
CENTER. THE SITE INCLUDES TWO (2) PARCELS
TOTALING 2.4 GROSS ACRES; AND, MAKING A
FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). THE SITE IS
LOCATED ON THE SOUTHWEST CORNER OF
TEMECULA PARKWAY AND MAHLON VAIL ROAD. (APN
960-020-046 AND 960-020-047)
Section 1. Procedural Findings. The Planning Commission of the City
of Temecula does hereby find, determine and declare that:
A. On October 20, 2015, Richard Finkel filed Planning Application No. PA15-
1844 a Conditional Use Permit, in a manner in accord with the City of Temecula
General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 6, 2016, 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
Nos. PA15-1573, subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving
the Application hereby finds, determines and declares that:
Conditional Use Permit (Development Code Section 17.04.010.E)
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
The proposed use is consistent with the City of Temecula General Plan and the
Vail Ranch Specific Plan (SP-10) which specifies that restaurants and carwashes
are permitted to operate within the business park zone with acquisition of a
Conditional Use Permit.
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 three (3) structures, two (2) drive-thru restaurants and one (1) car wash, are
proposed in the Vail Ranch Specific Plan (SP-10). 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 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 application will allow for three (3) separate structures, two (2) drive-thru
restaurants and one (1) car wash, to be operated at this location. The site will
remain adequate in size and shape to accommodate the yards, walls, fences,
parking, and other development features prescribed in the Development Code as
required by the Planning Commission 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;
As conditioned, the project will meet all requirements of the Development Code,
General Plan, and Building and Fire Codes, which provide safeguards for the
health, safety and general welfare of the community. Therefore, the project is not
anticipated to be detrimental to the health, safety and general welfare of the
community. The project has been reviewed for, and as conditioned, has been
found to be consistent with, all applicable policies, guidelines, standards and
regulations intended to ensure that the development will be constructed and
function in a manner consistent with the public health, safety and welfare.
E. That the decision to 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 or City Council on appeal;
The decision to conditionally approve the application for a Conditional Use Permit
has been based on substantial evidence in view of the record as a whole by the
Planning Commission. The project has been reviewed for, and as conditioned,
has been found to be consistent with, all applicable policies, guidelines,
standards and regulations intended to ensure that the development will be
constructed and function in a manner consistent with the public health, safety
and welfare.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15332, Class 32, In-Fill Development Projects);
The request for a Development Plan and Conditional Use Permit for the
construction and operation of two (2) drive-thru restaurants and one (1) car wash,
in the Vail Ranch Specific Plan (SP-10) is in conformance with all General Plan
designations, policies and zoning requirements of the Development Code and
will be conducted in an in-fill area within the city limits on a site less than five
acres in size. The project has no value as a habitat for endangered, rare or
threatened species. Approval of the site will not result in any significant effects
relating to traffic, noise, air quality, or water supply. All access and public utilities
are available to the site.
Section 4. Conditions. The Planning Commission of the City of
Temecula approves Planning Application No. PA15-1573, to allow for the operation of
two (2) fast-food drive-thru restaurants and one (1) express car wash within the Vail
Ranch Town Center located at the southwest corner of Temecula Parkway and Mahlon
Vail Road (APN 960-020-046 and 960-020-047), and making a finding of exemption
under the California Environmental Quality Act (CEQA) subject to the Conditions of
Approval set forth on Exhibit A, attached hereto, and incorporated herein by this
reference.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of July, 2016.
Ron Guerriero, 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. 16- 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 July, 2016, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson, Secretary
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA15-1573
Project Description: Vail Ranch CUP: a Conditional Use Permit to allow for the operation of two
(2) fast-food drive-thru restaurants, and one (1) express car wash within the
Vail Ranch Town Center. The site includes two (2) parcels and totals 2.4
gross acres and is located at the southwest corner of Temecula Parkway
and Mahlon Vail Road.
Assessor's Parcel No.: 960-020-046
960-020-047
MSHCP Category: Commercial
DIF Category: Retail
TUMF Category: Retail
Quimby Category: N/A(non-residential)
Approval Date: July 6, 2016
Expiration Date: July 6, 2019
PLANNING DIVISION
Within 48 Hours of the Approval
1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
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
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 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 and its
attorneys 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. Use means 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) extensions
of time, one year at a time.
5. Consistency with Specific Plans. This project and all subsequent projects within this site shall
be consistent with Specific Plan No. 10 (Vail Ranch).
6. 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.
7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Statement of Operations. The applicant shall comply with their Statement of Operations
dated October 20, 2015, on file with the Planning Division, unless superseded by these
Conditions of Approval.
g. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City's Development Code.
10. City Review and Modification of CUP. The City, its Director of Community Development,
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 Director of Community Development, Planning Commission and City Council is in
addition to, and not in-lieu of, the right of the City, its Director of Community Development,
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.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
11. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
STATEMENT OF OPERATIONS
inECEHIPED
+
OCT 2 0 2015
BUNDY- FINKEL ■ Architects , ----------------
Architecture Planning Interiors
STATEMENT OF OPERATIONS
BACKGROUND:
The project consists of construction of three new buildings: An Express Carwash and two fast
food restaurants with drive-through lanes, in the existing Vail Ranch Towne Center at Temecula
Parkway (Highway 79) and Vail Mahlon Circle. The parcels being developed under this
application total 2.4 acres and are otherwise described as APN # 960-020-046 & 960-020-047,
A portion of the property being developed is vacant land left as a pad area designated as
"Future Phase III Development" on the approved Vail Ranch Towne Center site plan and
includes notations for future Buildings "C" and "D." The balance of the property is existing
parking lot area that will be altered as required per the site plan submitted
The center is a retail center that currently includes tenants such as 19-Hour Fitness, Goodwill
Industries, some smaller retailers, and a two-story office building. Hanshaw Development
Company 2015 LLC has secured a 60 Year Ground Lease (40 + Two 10 year Options). This
Vacant Land is zoned: SP-10-Vail Ranch Specific. Gas Stations, Car Washes, and Fast Food
Restaurants are permitted uses in this zone, The current land owner is 79 Temecula Plaza
LLC, a Real Estate Company.
OPERATIONS:
Express Carwash:
The Express Carwash will operate from morning to near sundown and consists of automatic car
washing equipment and dryers within an enclosed wash tunnel and self-serve vacuum stalls
under fabric canopies. Customers line up in an entry lane and pay at a kiosk where they can
select the type of wash desired. A lift gate opens to allow vehicles to enter the wash tunnel
where a conveyor pulls the vehicle through the tunnel for washing and drying. The customer
then drives their vehicle to a vacuum stall where they can vacuum and do any final detailing.
Fast Food Restaurants:
Customers will enter the restaurants either on foot or will use the drive-through lanes. Food
will be ordered and paid for at the counter inside, or at the drive-through menu-board and
speakers and pick-up window outside. Seating areas are provided inside the buildings and at
patios adjacent to the buildings.
Sincerely,
Richard Finkel, A.I.A.
Principal
1 ?._k (). ( JL _ r
Bundy-Finkel Architects
cc: file
1120 Bristol Street • Suite 120 • Costa Mesa • CA 92688 • P. 714 850-7575 - F. 714 850-7576
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
..........
1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: PA15-1572, and PA15-1573
Applicant: Richard Finkel
Proposal: A Development Plan and Conditional Use Permit to allow for the construction of
three (3) separate structures within the Vail Ranch Town Center. The structures
are comprised of two (2) fast-food drive-thru restaurants, and one (1) express car
wash. The site includes two (2) parcels and totals 2.4 gross acres and is located
at the southwest corner of Temecula Parkway and Mahlon Vail Road.
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 15332, Class 32, In-Fill
Development Projects)
Case Planner: James Atkins, (951) 240-4206
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: July 6, 2016
Time of Hearing: 6:00 p.m.
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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.org. 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 contact the
Planning Department, (951) 694-6400.
ITEM 3
STAFF REPORT— PLANNING
CITY OF TEMECULA
PLANNING COMMISSION
DATE OF MEETING: July 06, 2016
TO: Planning Commission Chairperson and members of the Planning
Commission
FROM: Luke Watson, Director of Community Development
PREPARED BY: Brandon Rabidou, Case Planner
APPLICANT NAME: Heather Young
PROJECT Planning Application Number PA16-0503, a use permit for a Large
SUMMARY: Family Day Care with a maximum of fourteen (14) children,
operated by one (1) full-time employee and one (1) part-time
employee, Monday thru Friday from 7:30 a.m. to 6:00 p.m., with
drop-off and pick-up times between the hours of operation for an
existing single-family residence located at 41342 Salt River Court.
CEQA: Statutory Exemption
Section 15274(a), Family Day Care Homes
RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of
Approval
BACKGROUND SUMMARY
On April 1, 2016, the applicant, Heather Young, applied for a Large Family Day Care use permit
for an existing single-family residence located at 41342 Salt River Court. As a lessee, the
applicant is required to obtain property owner approval for a Large Family Day Care. The
property owner has provided a letter acknowledging their approval of the Large Family Day
Care.
For the past five years, the applicant has operated a Small Family Day Care facility at 41342
Salt River Court. The applicant states that her clients have had additional children and she is
looking to expand her capacity to address increased demands for her services.
A Notice of Intent (to Approve with Conditions) was sent to surrounding property owners with a
decision date set for May 17, 2016. Per the Temecula Municipal Code, a public hearing cannot
be held unless a hearing is requested by a property owner that surrounds the Large Family Day
Care. On May 17, 2016, Mr. Chad Penza, the property owner located at 41320 Salt River Court,
requested a hearing for Planning Application No. PA16-0503. Mr. Penza had concerns around
traffic, landscaping, the number of children, and the use of the cul-de sac for vehicular
movements. Staff received two additional calls from surrounding property owners regarding
traffic, landscaping, and the number of children but did not receive a request for public hearing
from these property owners. Concerns were also raised about vehicular traffic associated with a
Certified Public Accountant located in close proximity to the proposed Large Family Day Care.
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1
Staff encouraged all concerned constituents to contact Code Enforcement to identify concerns
associated with the Certified Public Accountant. As of June 14, 2016, no complaint has been
filed with Code Enforcement.
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
A Large Family Day Care facility is permitted by right in all single-family residential zones in the
City of Temecula. This requirement was established by the State of California, and all
municipalities within California must allow for Large Family Day Care facilities in single-family
residential zones.
The State of California allows for three approaches to regulating Large Family Day Care
facilities. In order to protect the public health, safety and general welfare of the community, the
City of Temecula has elected for the most restrictive of the three approaches. Under the most
restrictive approach, municipalities may require a use permit and a public hearing for Large
Family Day Care facilities. Even with the most restrictive approach, the State of California
requires Large Family Day Care facilities to be approved as long as the requirements of the
state law and local regulations have been met.
The State of California regulates home day care facilities under four different categories (with
four different capacities). These include:
• Small Family Day Care (capacity for 6)
• Small Family Day Care (8)
• Large Family Day Care (12)
• Large Family Day Care (14)
The applicant proposes to upgrade her existing license from a Small Family Day Care (8) to a
Large Family Day Care (14).The following table summarizes the differences between a Small
(8) and Large Family Day Care (14).
Small (8) and Large (14) Family Day Care Comparison
Small Family Day Care 8 Large Family Day Care 14
Zoning Permitted in all single-family Permitted in all single-family
residential zones by right. residential zones by right, with
a use permit.
Capacity Six children (including children (a) At least one child is
two of the home under the enrolled in and attending
age of 10 for a total of 8) kindergarten or elementary
school and a second child is
This makeup may include four at least six years of age.
infants or six children with no (b) No more than three infants
more than three who are are cared for during any time
infants (defined as being two when more than 12 children
years or younger) are being cared for.
(c) The licensee notifies a
parent that the facility is caring
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for two additional school age
children and that there may be
up to 13 or 14 children in the
home at one time. (d) The
licensee obtains the written
consent of the property owner
when the family day care
home is operated on property
that is leased or rented.
Staffing One provider Assistant provider required
Fire Department Review & Not required Required and a fire alarm
Inspection "pull" device is required
Business License Not required (state law) Required
City Review Not permitted Permitted under conditions
established by the State of
California
Conditions are limited to
"reasonable" standards
including spacing, parking,
traffic control, parking, and
noise control
If the standards are met, the
application must be approved
As noted above, Chapter 3.4, Division 2, of the California Health and Safety Code, Large Family
Day Care facilities are permitted in all single-family zoning districts with the approval of a use
permit. The City of Temecula has established specific standards for Large Family Day Care
facilities, in compliance with state law. These standards include:
• A 500' separation between Large Family Day Care facilities
• Compliance with the existing residential noise regulations, including the prohibition of
amplified music that can be heard from the street or neighboring property
• An additional off-street parking space for each non-resident employee (this may be
located in the garage or in the third space of a driveway)
• Two driveway spaces shall be maintained for loading and unloading
• One space shall be provided in the driveway or on the curb immediately in front of the
house
• All traffic laws must be obeyed and no double parking is permitted
Since the initial submittal, staff has worked with the applicant to identify and mitigate potential
concerns associated with a Large Family Day Care. At the City's request, the applicant
relocated landscaping features in the rear yard to address safety concerns, agreed to conditions
that would require employee vehicles to be parked in the garage (or in the third car driveway
space), and provided an exterior tour of the residence. In addition to these conditions, the
applicant is required to abide by all supplemental standards as defined by the Temecula
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Municipal Code, which include standards for traffic, noise, and parking. The applicant will also
be required to abide by all California Building Code and California Fire Code requirements for
Large Family Day Care facilities.
The applicant's proposal has met all standards required by the Temecula Municipal Code for a
Large Family Day Care facility. The following table summarizes the requirements and the
applicant's compliance with these requirements:
Requirements and Compliance with Requirements
Requirement Applicant's Compliance
500' spacing 1,800' from nearest Large Family Day care
facility
Noise (compliance with the noise ordinance) No recorded complaints and the applicant will
be conditioned to comply with the noise
ordinance
Parking The applicant has:
• Two garage spaces for occupants of • A three car garage, which provides the
the home two required spaces
• One space for additional staff • One additional parking space in the
• Two unloading spaces (driveway) garage or in the driveway for staff
• One unloading space (driveway or curb • Two unloading spaces (driveway)
in front of home) • One unloading space in the driveway
or the curb directly in front of the home
Traffic • No double parking is proposed or
permitted
In addition to the above requirements, surrounding property owners voiced concerns about
landscaping issues. Under the existing state drought circumstances and regulations, the City of
Temecula cannot cite a property owner for failing to water their lawn. Furthermore, upon a site
visit, all non-turf areas appeared to have adequate watering and no unkempt vegetation was
identified. The applicant has agreed to improve the visual appearance of the turf area by
repairing the turf sprinkler system and starting minimal watering of the lawn (at the applicant's
discretion).
Based on the above requirements and in compliance with state and local law, staff recommends
approval of the permit for a Large Family Day Care facility located 41342 Salt River Court.
LEGAL NOTICING REQUIREMENTS
Notice of the public hearing was published in the U-T San Diego on June 23, 2016 and mailed
to the property owners within the required 600-foot radius.
ENVIRONMENTAL DETERMINATION
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4
In accordance with the California Environmental Quality Act, the proposed project has been
deemed to be statutorily exempt from further environmental review (Section 15274(a), Family
Day Care Homes).
FINDINGS
1. The proposed use is consistent with the General Plan and the Development Code.
The General Plan land use designation for the proposed use location is Low-Medium
(LM) Residential. In-home daycares are allowed within this zone upon the approval of a
use permit. The large licensed daycare will be an expansion of an existing small
licensed daycare. No alterations to the exterior of the residential unit are proposed.
2. The proposed use is compatible with the nature, condition and development of the
adjacent uses, buildings, and structures and the proposed use will not adversely affect
the adjacent uses, buildings or structures.
The project has been reviewed and conditioned by the Planning, Public Works, Building
and Safety, Fire, and Police Departments to ensure it is compatible with the nature,
condition and development of the adjacent uses, buildings and structures and that the
use will not adversely affect adjacent uses, buildings or structures. Furthermore,
adequate on-site loading/unloading and employee parking exists consistent with the
requirements of the development code and potential noise issues that could have
resulted from the project have been successfully mitigated through Conditions of
Approval that will require the daycare to designate periods of time for which the children
may participate in outdoor activities.
3. The site for the proposed 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 Council in order to integrate the use with other uses in the neighborhood.
The use will be located within a Low-Medium Residential area and no external
modifications are proposed. Staff has verified that the site for the proposed use is
adequate in size and shape to accommodate the increased number of children that the
daycare will incur as a result of the proposed expansion and that the play area is
adequately fenced. Per the City Municipal Code, the daycare is required to designate
two covered residential spaces, one employee parking space and two loading spaces.
The daycare does exceed the above requirement by providing three covered residential
spaces, one employee parking space and two driveway loading spaces.
4. The nature of the proposed use is not detrimental to the health, safety and general
welfare of the community.
The use has been reviewed and conditioned by Public Works, Building and Safety, Fire,
Police, and Planning Department to ensure it will not be detrimental to the health, safety,
and general welfare of the community. The use will occur within a single-family
residential building that provides the necessary facilities to ensure the protection of the
health, safety and general welfare of the community.
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5
5. That the decision to approve, conditionally approve, or deny the application for a large
family daycare 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 Large Family Daycare Use
Permit is based on substantial evidence in view of the record as a whole before the
Planning Commission.
ATTACHMENTS
Aerial Map
Request for Hearing
Plan Reductions
PC Resolution
Exhibit A - Draft Conditions of Approval
Notice of Public Hearing
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6
AERIAL MAP
f Temecula Project Site
City �
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CALLE WINA COLADA
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0 125 250 500
Feet
This map was made by the City of Temecula Geographic Information System,
The map is derived from base data produced by the Riverside County Assessor's
Department and the Transportation and Land Management Agency of Riverside
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.
REQUEST FOR HEARING
Brandon Rabidou
From: Chad Penza <chadpenza@gmail.com>
Sent: Tuesday, May 17, 2016 12:09 PM
To: Brandon Rabidou
Subject: Follow Up
Hello Brandon,
Sorry for the phone tag yesterday. I live at 41320 Salt River Ct two doors down from new expansion to 14 kids/students
Day Care. I am strongly opposed to traffic and random people who use our cul da sac to turn around. I request a public
hearing be held PA-160503 address 41342 Salt River Ct.Temecula, Ca.
Please let me know if I can answer any further questions.
Talk to you soon.
Regards,
Chad Penza
619-865-5042 direct
IHThis email has been checked for viruses by Avast antivirus software.
`- www.avast.com
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PC RESOLUTION
LARGE FAMILY DAY CARE
PC RESOLUTION NO. 16-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA16-0503, A USE PERMIT FOR A
LARGE FAMILY DAY CARE WITH A MAXIMUM OF
FOURTEEN (14) CHILDREN, OPERATED BY ONE (1)
FULL-TIME EMPLOYEE AND ONE (1) PART-TIME
EMPLOYEE, MONDAY THRU FRIDAY FROM 7:30 A.M.
TO 6:00 P.M., WITH DROP-OFF AND PICK-UP TIMES
BETWEEN THE HOURS OF OPERATION FOR AN
EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT
41342 SALT RIVER COURT, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APN 953-130-
021)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On April 1, 2016, Heather Young filed Planning Application No. PA16-
0503 Large Family Day Care Application in a manner in accord with the City of
Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on July 6, 2016, 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. PA16-0503 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Development Code Section 17.04.010.E
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 General Plan land use designation for the proposed location is Low Medium
(LM) residential. Day care facilities are allowed within this zone upon the
CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDCW8B8D51 E-E42C-4064-8367-176C11 EEC605\13319.docx
approval of a Large Family Day Care Use Permit. The Large Family Day Care
will occupy a residential unit that currently houses a small licensed daycare
facility. No alterations to the exterior of the daycare facility are proposed.
B. The proposed use is compatible with the nature, condition and
development of the adjacent uses, buildings and structures and the proposed use will
not adversely affect the adjacent uses, buildings or structures;
The project has been reviewed and conditioned by Public Works, Planning,
Building and Safety, Fire, and the Police Department to ensure it is compatible
with the nature, condition and development of the adjacent uses, buildings and
structures and that the use will not adversely affect adjacent uses, buildings or
structures. Furthermore, adequate on-site loading/unloading and employee
parking exists consistent with the requirements of the development code and
potential noise issues that could have resulted from the project have been
successfully mitigated through Conditions of Approval that will require the
daycare to designate periods of time for which the children may participate in
outdoor activities.
C. The site for the proposed 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;
D. The nature of the proposed use is not detrimental to the health, safety and
general welfare of the community;
The use has been reviewed and conditioned by Public Works, Building and
Safety, Fire, Police, and Planning Department to ensure it will not be detrimental
to the health, safety, and general welfare of the community. The use will occur
within a single-family residential building that provides the necessary facilities to
ensure the protection of the health, safety and general welfare of the community.
E. That the decision to approve, conditionally approve, or deny the
application for a large family daycare 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 large family childcare
use permit is based on substantial evidence in view of the record as a whole
before the Planning Commission.
CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDCW8B8D51 E-E42C-4064-8367-176C11 EEC605\13319.docx
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Large Family Day Care Application:
A. In accordance with the California Environmental Quality Act (CEQA), the
proposed project has been deemed to be statutorily exempt from further environmental
review (Section 15274(a), Family Day Care Homes);
1. As defined in Section 1596.78 of the Health and Safety Code, CEQA does
not apply to the operation of a large family day care home for up to
fourteen children.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA16-0503, subject to the Conditions of Approval
set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDCW8B8D51 E-E42C-4064-8367-176C11 EEC605\13319.docx
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 6th day of July, 2016.
Ron Guerriero, 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. 16- 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 July, 2016, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
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EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
Planning Application No.: PA16-0503
Project Description: A use permit for a Large Family Day Care with a maximum of fourteen
(14) children, operated by one (1) full-time employee and one (1)
part-time employee, Monday thru Friday from 7:30 a.m. to 6:00 p.m.,
with drop-off and pick-up times between the hours of operation for an
existing single-family residence located at 41342 Salt River Court.
Assessor's Parcel No.: 953-130-021
MSHCP Category: N/A(no new square footage)
DIF Category: N/A(no new square footage)
TUMF Category: N/A(no new square footage)
Quimby Category: N/A(no new square footage)
Approval Date: July 06, 2016
Expiration Date: July 06, 2018
PLANNING DIVISION
General Requirements
1. 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 and its
attorneys 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.
2. Expiration. This approval shall be used within two years of the approval date; otherwise, it
shall become null and void. Use means 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.
3. 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.
4. Signage Permits. A separate building permit shall be required for all signage (unless exempt
under the Temecula Municipal Code or state law).
5. 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.
6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers,
equipment, walls, or other structures.
7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
8. Statement of Operations. The applicant shall comply with their Statement of Operations
dated March 31, 2016, on file with the Planning Division, unless superseded by these
Conditions of Approval.
9. Parking & Loading/Unloading. The applicant will be required to keep two garage spaces
clear for the parking of vehicles and shall utilize these spaces for the parking of vehicles. Two
parking spaces shall be provided for client loading/unloading located on the driveway of the
residence. Furthermore, one parking space shall be provided for an employee or any
nonresident person involved in the operation of the daycare facility. The parking space may
be in the third space of an extra wide driveway or in the garage. At least two driveway spaces
shall be open for access and loading. An additional space shall for loading & unloading shall
be made available at the front of the home (when possible).
10. Noise. The applicant shall comply with Chapter 9.20 (Noise) of the Temecula Municipal
Code. Additionally, the operation of the Large Family Day Care shall comply with all applicable
noise regulations of this code or the general plan. The use of amplified music which can be
heard from a public right-of-way or neighboring property is prohibited during the large family
day care home's hours of operation.
11. Hours of Operation. Hours of operation for the Large Family Day Care shall be 7:30 am to
6:00 p.m.
FIRE PREVENTION
General Requirements
12. Fire Extinguishers. Large and small family day care homes shall be equipped with a portable
fire extinguisher having a minimum 2-A10-B:C rating. They shall be mounted no higher than
5-feet above finished floor and must be serviced on an yearly basis. (CBC 445.4)
13. Floor Plan Requirements. The plans must include the building address, occupancy
classification of large family day care, and the location of smoke detectors, fire alarms, exit
doors and gates. Clearly indicate the exit doors and gate location on the plans and include
dimensions of exit widths. Show the direction of swing for the exit doors and gate on plans.
Clearly indicate the locations of smoke detectors and fire alarms on the plans. Clearly include
all room locations in which the children will occupy
14. Means Of Egress (Gates). Gates used as a component in a means of egress shall conform
to the applicable requirements for doors. (CBC 1008.2)
15. Water Heater And/Or Furnace. Every un-enclosed gas-fired water heater or furnace which is
within the area used for child care in a large family day care home shall be protected in such a
way as to prevent children from making contact with those appliances. This does not apply to
kitchen stoves or ovens. (CBC 445.7)
16. Final Fire Conditions. Final fire and life safety conditions will be addressed prior to approval
of the STD-850 form for the applicant
17. Floor Plan Submittal. Floor plan shall be submitted to the Temecula Fire Prevention Bureau
Office for review and approval along with the STD-850 form. These drawings need to be
submitted at least two weeks prior to requesting an inspection
18. Intended Use. Provide a detailed letter identifying all intended use and operation of the
facility and include all room locations in which the children will occupy
19. Business License. Provide a current copy of the city or county home occupancy business
license/permit at the time of requesting a fire safety inspection
20. Addressing. Address numbers shall be posted on the building and shall be visible from the
street. Said numbers shall contrast with their background. In no case shall the numbers be
less than 4-inches in height (CFC 505.1)
21. Electrical Equipment. Electrical service equipment shall maintain clear space of 30-inches
and shall be free of any hazardous electrical conditions
22. Manual Fire Alarm Pull Station. Every large family day care home shall be provided with at
least one manual fire alarm device at a location approved by the Temecula Fire Prevention
Bureau. Such device shall actuate a fire alarm signal which shall be audible throughout the
facility at a minimum level of 15-db above ambient noise level. These devices need not be
interconnected to any other fire alarm device, have a control panel or be electrically
supervised or provided with emergency power. Such device or devices shall be attached to
the structure. (CFC 907.2.6.4)
23. Required Submittals (Fire Alarm Systems). A manual fire alarm device and a fire alarm signal
device consist of a fire alarm pull box (pull station) and an audible device (bell/horn). A fire
alarm permit is required for these devices by the Temecula Fire Prevention Bureau prior to
final of the STD-850 form. Three sets of plans shall be submitted to the Temecula Fire
Prevention Bureau for review and approval. Plans shall be designed by a C-10 licensed
contractor.
24. Smoke Alarms. Large family day care homes shall be equipped with State Fire Marshal
approved and listed single station residential type smoke alarms. (CBC 445.3)
25. Smoke Alarm Locations. Locations of smoke alarms shall be:
a. On ceilings or walls outside of each separate sleeping areas in the immediate vicinity of
bedrooms.
b. On ceilings or walls in each room used for sleeping purposes.
c. On ceilings or walls in each story within a dwelling unit, including basements but not
including crawl spaces and uninhabitable attics.
d. On ceilings or walls in dwelling units with split levels and without an intervening door
between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent lower level provided that the lower level is less than one full story below the upper
level.
26. Day Care Room Clearance. Rooms used for day care purposes shall not be located above
the first story. (CBC 1015.7)
27. Self-Closing Doors. Interior swinging garage doors, shall close from the full-open position
and latch automatically. The door closer shall exert enough force to close and latch from any
partially opened position. (CBC 406.1.4)
28. Exiting Requirements. Every story or basement of a large family day care home shall be
provided with two exits which are remotely located from each other. Every required exit shall
be of a size to permit the installation of a door not less than 32-incjes in clear width and not
less than 6-feet 8-inches in height. A manually operated horizontal sliding door may be sued
as one the two required exits. (CBC 1015.7)
29. Means Of Egress. Egress doors shall be readily openable from the egress side without the
use of a key or special knowledge or effort. (CBC 1008.1.8)
30. Path Of Egress. Exits shall not pass through kitchens, garages, storerooms, or closets and
shall not pass through more than one intervening room. (CBC 425.8.3.4)
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
,..'1989
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: PA16-0503
Applicant: Heather Young
Proposal: A use permit for a Large Family Day Care with a maximum of fourteen (14)
children, operated by one (1) full-time employee and one (1) part-time employee,
Monday thru Friday from 7:30 a.m. to 6:00 p.m., with drop-off and pick-up times
between the hours of operation for an existing single-family residence located at
41342 Salt River Court.
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 15274(a), Family Day Care Homes)
Case Planner: Brandon Rabidou, (951) 506-5142
Place of Hearing: City of Temecula, Council Chambers
Date of Hearing: July 6, 2016
Time of Hearing: 6:00 p.m.
Project Site
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Notice of Public Hearing
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may also be accessed on the City's website —
www.citvoftemecula.org. 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 Case
Planner, Brandon Rabidou, at 951-506-5142.