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ACTION MINUTES
TEMECULA PLANNING COMMISSION
REGULAR MEETING
CITY COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
JANUARY 3, 2018 6:00 PM
Next in Order:
Resolution: 18-01
CALL TO ORDER:
ChairmanYoumans (6:00 p.m.)
Flag Salute: Lanae Turley-Trejo
ROLL CALL:
Commissioners Present: Guerriero, Telesio, Turley-Trejo, Watts and Youmans
Staff Present: Watson, Fisk, Marroquin, Cooper, and Thomas
PUBLIC COMMENTS
There were no requests to speak during 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
APPROVED 5-0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY
1 Minutes
COMMISSIONER WATTS; AYE VOTES FROM COMMISSIONERS GUERRIERO,
TELESIO, TURLEY-TREJO, WATTS AND YOUMANS
RECOMMENDATION:
1.1 Approve the Action Minutes of December 20, 2017 Planning Commission Meeting
PUBLIC HEARING ITEMS
2 Planning Application No. PA16-1427, a Development Plan to allow for the construction of
a 160 unit apartment community located on the south side of Rancho California Road,
APPROVED 5-0; MOTION
approximately 660 feet west of Cosmic Drive, Scott Cooper
BY COMMISSIONER WATTS, SECOND BY COMMISSIONER TURLEY-TREJO; AYE
VOTES FROM COMMISSIONERS GUERRIERO, TELESIO, TURLEY-TREJO, WATTS
AND YOUMANS
RECOMMENDATION:
2.1 Adopt a resolution entitled:
City of Temecula Page 2
Planning Commission - Regular Meeting January 3, 2018
Action Minutes 6:00 7:05 p.m.
PC RESOLUTION NO. 18-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA APPROVING PLANNING APPLICATION NO. PA16-1427, A
DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF A 160 UNIT
APARTMENT COMMUNITY LOCATED ON THE SOUTH SIDE OF RANCHO
CALIFORNIA ROAD, APPROXIMATELY 660 FEET WEST OF COSMIC DRIVE
AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Michael J. Wiemer addressed the Planning Commission
Wayne Hall addressed the Planning Commission
REPORTS FROM COMMISSIONERS
DIRECTOR OF COMMUNITY DEVELOPMENT REPORT
DIRECTOR OF PUBLIC WORKS REPORT
ADJOURNMENT
The Planning Commission meeting was adjourned at 7:05 p.m., to the next
regular meeting: Planning Commission, Wednesday, January 17, 2018, 6:00 PM City Council
Chambers, 41000 Main Street, Temecula, California.
___________________________ ____________________________
Gary Youmans, Chairperson Luke Watson
Planning Commission Director of Community Development
2
VICINITY MAP
PLAN REDUCTIONS
DRAFT PC RESOLUTION DEVELOPMENT PLAN
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE PLANNING APPLICATION NO.
PA17-0324, A DEVELOPMENT PLAN TO ALLOW FOR
THE CONSTRUCTION OF AN APPROXIMATELY 87,280
SQUARE FOOT COMMERCIAL CENTER COMPRISED OF
TWO THREE-STORY BUILDINGS WITH BASEMENTS ON
PROPERTY LOCATED ON BOTH SIDES OF TOWN
SQUARE PARK ON MAIN STREET, ON THE WEST SIDE
OF MERCEDES STREET, AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APNS: 922-
360-004, 922-360-005, 922-360-006, 922-360-007)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On February 16, 2017, Joe Holasek of the NOAA Group filed Planning
Application No. PA17-0324, a Development Plan Application, in a manner in accord
with the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res.
Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal.Code Regs. § 14000, et
seq.), the City is the lead agency for the Project.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on February 7, 2018, at a duly noticed public
hearing as prescribed by law, at which time the City staff and interested persons had an
opportunity to and did testify either in support or in opposition to this matter.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Development Plan, pursuant to Temecula Municipal Code Section 17.05.010, hereby
finds, determines and declares that:
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The project will allow for two commercial buildings that are in conformance with
the requirements of the Old Town Specific Plan. Any use proposed for the project
will be reviewed to ensure it is in conformance with the Old Town Specific Plan.
The project will also be in conformance with Land Use Element Goal 7 and Policy
7.1 of the General Plan for Temecula. This goal and policy encourages
revitalization of Old Town through implementation of the Old Town Specific Plan.
For these reason, the uses will be in conformance with the General Plan for
Temecula and with all applicable requirements of State Law and other
Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare.
The project has been reviewed to ensure compliance with the Building,
Development, and Fire Codes. These codes contain provisions designed to
provide for the protection of the public health, safety, and general welfare. The
project has been found to be consistent with these codes.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Plan Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15162, Subsequent EIRs and Negative Declarations);
The project will allow for the development of two new commercial structures. The
scope of these structures is within the parameters of the Old Town Specific Plan.
In addition, the uses that will be permitted within the structures will be consistent
with the Use Matrix of the Old Town Specific Plan. Therefore, the project is
consistent with the previously certified Environmental Impact Report for the Old
Town Specific Plan, and is exempt from further environmental review.
Section 4. Conditions. The Planning Commission of the City of Temecula
recommends City Council Approval of Planning Application No. PA17-0324, a
Development Plan to allow for the construction of an approximately 87,280 square foot
commercial center comprised of two three-story buildings with basements, subject to
the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated
herein by this reference.
PASSED, APPROVED AND ADOPTED
Section 5. by the City of Temecula
Planning Commission this 7th day of February, 2018.
Gary Youmans, 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. 18- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
th
the 7 day of February, 2018, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
CITY COUNCIL RESOLUTION
RESOLUTION NO. 18-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA17-0324, A DEVELOPMENT PLAN TO ALLOW
FOR THE CONSTRUCTION OF AN APPROXIMATELY
87,280 SQUARE FOOT COMMERCIAL CENTER
COMPRISED OF TWO THREE-STORY BUILDINGS WITH
BASEMENTS ON PROPERTY LOCATED ON BOTH
SIDES OF TOWN SQUARE PARK ON MAIN STREET, ON
THE WEST SIDE OF MERCEDES STREET, AND MAKING
A FINDING OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) (APNS: 922-
360-004, 922-360-005, 922-360-006, 922-360-007)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On February 16, 2017, Joe Holasek of the NOAA Group filed Planning
Application No. PA17-0324, a Development Plan Application in a manner in accord with
the City of Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res.
Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000,
et seq.), the City is the lead agency for the Project.
D. On February 7, 2018, the Planning Commission considered Development
Plan Application No. PA17-0324 at a duly noticed public hearing as prescribed by law,
at which time the City staff and interested persons had an opportunity to, and did testify
either in support of or opposition to this matter.
E. Following consideration of the entire record before it at the public hearing
and due consideration of the Project the Planning Commission adopted Resolution No.
18-_______, A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING
THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA17-0324, A
DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN
APPROXIMATELY 87,280 SQUARE FOOT COMMERCIAL CENTER COMPRISED OF
TWO THREE-STORY BUILDINGS WITH BASEMENTS ON PROPERTY LOCATED
ON BOTH SIDES OF TOWN SQUARE PARK ON MAIN STREET, ON THE WEST
SIDE OF MERCEDES STREET, AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APNS: 922-360-004,
922-360-005, 922-360-006, 922-360-007).
F. On _______________ the City Council of the City of Temecula considered
the Project at a duly noticed public hearing at which time all interested persons had an
opportunity to and did testify either in support or in opposition to this matter. The City
Council considered all the testimony and any comments received regarding the Project
prior to and at the public hearing.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the
Development Plan, pursuant to Temecula Municipal Code Section 17.05.010, hereby
finds, determines and declares that:
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
The project will allow for two commercial buildings that are in conformance with
the requirements of the Old Town Specific Plan. Any use proposed for the project will be
reviewed to ensure it is in conformance with the Old Town Specific Plan. The project will
also be in conformance with Land Use Element Goal 7 and Policy 7.1 of the General
Plan for Temecula. This goal and policy encourage revitalization of Old Town through
implementation of the Old Town Specific Plan. For these reason, the uses will be in
conformance with the General Plan for Temecula and with all applicable requirements
of State Law and other Ordinances of the City.
B. The overall development of the land is designed for the protection of the
public health, safety, and general welfare;
Theproject has been reviewed to ensure compliance with the Building,
Development, and Fire Codes. These codes contain provisions designed to provide for
the protection of the public health, safety, and general welfare. The project has been
found to be consistent with these codes.
Section 3. Environmental Findings. The City Council hereby makes the
following environmental findings and determinations in connection with the approval of
the Development Plan Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15162, Subsequent EIRs and Negative Declarations);
The project will allow for the development of two new commercial structures. The
scope of these structures is within the parameters of the Old Town Specific Plan. In
addition, the uses that will be permitted within the structures will be consistent with the
Use Matrix of the Old Town Specific Plan. Therefore, the project is consistent with the
previously certified Environmental Impact Report for the Old Town Specific Plan, and is
exempt from further environmental review.
Section 4. Conditions. The City Council of the City of Temecula approves
Planning Application No. PA17-0324, a Development Plan to allow for the construction
of an approximately 87,280 square foot commercial center comprised of two three-story
buildings with basements on property located on both sides of Town Square Park on
Main Street, on the west side of Mercedes Street, subject to the Conditions of Approval
set forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 5. Certification. The City Clerk shall certify to the adoption of this
Resolution.
PASSED, APPROVED, AND ADOPTED
by the City Council of the City of
Temecula this day of , 2018.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
\[SEAL\]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the
City of Temecula at a meeting thereof held on the day of , 2018, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA17-0324
Planning Application No.:
Town Square Marketplace Development Plan: A Development Plan to allow
Project Description:
for the construction of an approximately 87,280 square foot commercial
center comprised of two 3-story buildings with basements. The project is
generally located on either side of the Town Square on Main Street adjacent
to the Civic Center (APN 922-360-005, 004, 006, and 007).
922-360-006
Assessor's Parcel No.:
922-360-004
922-360-007
922-360-005
Commercial
MSHCP Category:
Retail Commercial
DIF Category:
Retail Commercial
TUMF Category:
N/A (Non-Residential Project)
Quimby Category:
N/A (Non-Residential Project)
New Street In-lieu of Fee:
Approval Date:
Expiration Date:
PLANNING DIVISION
Within 48 Hours of the Approval
1.Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashier’s check or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the
Planning 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 3 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 up to five 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. 5 (Old Town).
6.Compliance with EIR. The project and all subsequent projects within this site shall comply with
all mitigation measures identified within EIR No. (2009071049).
Conformance with Approved Plans. The development of the premises shall substantially
7.
conform to the approved site plan and elevations contained on file with the Planning Division.
8.Signage Permits. A separate building permit shall be required for all signage.
9.Landscape Maintenance. Landscaping installed for the project shall be continuously
maintained to the reasonable satisfaction of the Director of Community Development. If it is
determined that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the landscaping into
conformance with the approved landscape plan. The continued maintenance of all landscaped
areas shall be the responsibility of the developer or any successors in interest.
10.Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment,
walls, or other structures.
11. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders,
sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from
leaving the property. To ensure compliance with this Condition of Approval:
a. Spills and leaks shall be cleaned up immediately.
b. Do not wash, maintain, or repair vehicles onsite.
c. Do not hose down parking areas, sidewalks, alleys, or gutters.
d. Ensure that all materials and products stored outside are protected from rain.
e. Ensure all trash bins are covered at all times.
12.Paint Inspection. The applicant shall paint a three-foot-by-three-foot section of the building for
Planning Division inspection, prior to commencing painting of the building.
Photographic Prints. The applicant shall submit to the Planning Division for permanent filing
13.
two 8" X 10" glossy photographic color prints of the approved color and materials board and the
colored architectural elevations. All labels on the color and materials board and elevations
shall be readable on the photographic prints.
14.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.
1) Tile Roof: Mudded "C" Tile Terracotta
2) Dome: Copper Color Fiberglass
3) Wall Planters & Moldings: Downing Sand SW2822
4) Cast Stone Columns and Capitals: Smooth Concrete, Classical White SW2829
5) Aluminum Clad Wood Windows, Color Seawolf
6) Heavy Timber Wood Posts with lattice, Guardrails, and Pickets: Stain Spanish Oak
7) Stone Cladding: Color Moonlight, Rough-Cut, Dry-Stacked
8) Ornamental Trim: Color Renwick Beige SW2805
9) Main Stucco: La Habra Mission Finish (smooth) Color Pure Ivory
10) Accent Stucco: La Habra Mission Finish (smooth) Color Clay
11) Decorative Wrought Iron: Color Black
15.Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
16.Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling
bin, as well as regular solid waste containers.
17.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.
18.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.
19.Transformer and Utility Locations. The final locations for the transformer, switch gearbox, and
other utilities shall be determined prior to the submittal of construction drawings.
20.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.
21.Public Art Ordinance. The applicant shall comply with the requirements of the City’s Public Art
Ordinance as defined in Section 5.08 of the Temecula Municipal Code.
22.Property Maintenance. All on-site landscaping, walls, fencing, recreational facilities, and
on-site lighting shall be maintained by the property owner or maintenance association.
23.General. The Project will be required to be in compliance with all requirements and stipulations
contained within the Disposition and Development Agreement contained on file.
Prior to Issuance of Grading Permit
24.
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.
25.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.
26.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 Planning Director 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 Planning Director 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 Planning Director.”
27.Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural
Resources Treatment Agreement with the Pechanga Tribe. The agreement shall be in place
prior to issuance of a grading permit. To accomplish this, the applicant should contact the
Pechanga Tribe no less than 30 days and no more than 60 days prior to issuance of a grading
permit. This Agreement will address the treatment and disposition of cultural resources, the
designation, responsibilities, and participation of professional of professional Pechanga Tribal
monitors during grading, excavation and ground disturbing activities; project grading and
development scheduling; terms of compensation for the monitors; and treatment and final
disposition of any cultural resources, sacred sites, and human remains discovered onsite.
The Pechanga monitor's authority to stop and redirect grading will be exercised in consultation
with the project archaeologist in order to evaluate the significance of any potential resources
discovered on the property. Pechanga and archaeological monitors shall be allowed to monitor
all grading, excavation and groundbreaking activities, and shall also have the limited authority
to stop and redirect grading activities should an inadvertent cultural resource be identified.
28.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 the qualified archaeologist and the
Pechanga monitor shall investigate the find, and make recommendations as to treatment.”
29.Archaeological Monitoring Notes. The following shall be included in the Notes Section of the
Grading Plan: “A qualified archaeological monitor will be present and will have the authority to
stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated
monitors, to evaluate the significance of any archaeological resources discovered on the
property.”
30.Tribal Monitoring Notes. The following shall be included in the Notes Section of the Grading
Plan: “A Pechanga Tribal monitor will be present and will have the authority to stop and redirect
grading activities, in consultation with the project archaeologist and their designated monitors,
to evaluate the significance of any potential resources discovered on the property."
31.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.”
32.
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.”
33.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. If construction is delayed or suspended
for more than 30 days after the survey, the area shall be resurveyed.
34.Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved
by the Planning Division.
35.Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall
retain a Riverside County qualified/City of Temecula approved archaeological monitor to monitor
all ground-disturbing activities in an effort to identify any unknown archaeological resources.
ny newly discovered cultural resource deposits shall be subject to a cultural resources
A
evaluation (See PL-4). The archaeological monitor's authority to stop and redirect grading will
be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any
potential resources discovered on the property. Pechanga and archaeological monitors shall be
allowed to monitor all grading, excavation and groundbreaking activities, and shall also have
the limited authority to stop and redirect grading activities should an inadvertent cultural
resource be identified. The archaeologist shall provide a final monitoring report at the end of all
earthmoving activities to the City of Temecula, the Pechanga Tribe and the Eastern Information
Center at UC, Riverside.
36.Human Remains. If human remains are encountered, California Health and Safety Code
Section 7050.5 states that no further disturbance shall occur until the Riverside County Corone
r
has made the necessary findings as to origin. Further, pursuant to California Public Resources
Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final
decision as to the treatment and disposition has been made. If the Riverside County Coroner
determines the remains to be Native American, the Native American Heritage Commission must
be contacted within 24 hours. The Native American Heritage Commission must then
immediately identify the “most likely descendant(s)” of receiving notification of the discovery.
The most likely descendant(s) shall then make recommendations within 48 hours, and engage
in consultations concerning the treatment of the remains as provided in Public Resources Code
5097.98 and the Treatment Agreement described in these conditions.
Prior to Issuance of Building Permit
37.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.
38.Downspouts. All downspouts shall be kept free of dents, crush points, and any other form of
damage. If any damage occurs to the downspouts they shall be repaired or replaced.
39.Parcel Merger. A Parcel Merger application must be reviewed and recorded before the
issuance of a building permit.
40.RTA Bus Stop Designs. RTA bus stop designs for the two revised locations must be completed
prior to issuance of a building permit.
41.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.
42.Photometric Plan. The applicant shall submit a photometric plan to the Planning Division,
which meets the requirements of the Development Code and the Riverside County Paloma
r
Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000 kelvin or below.
43.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.
44.Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note
stating, “Three landscape site inspections are required. The first inspection will be conducted
at installation of irrigation while trenches are open. This will verify that irrigation equipment and
layout is per plan specifications and details. Any adjustments or discrepancies in actual
conditions will be addressed at this time and will require an approval to continue. Where
applicable, a mainline pressure check will also be conducted. This will verify that the irrigation
mainline is capable of being pressurized to 150 psi for a minimum period of two hours without
loss of pressure. The second inspection will verify that all irrigation systems are operating
properly, and to verify that all plantings have been installed consistent with the approved
construction landscape plans. The third inspection will verify property landscape maintenance
for release of the one-year landscape maintenance bond.” The applicant/owner shall contact
the Planning Division to schedule inspections.
45.gronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the
A
plans stating, “The contractor shall provide two copies of an agronomic soils report at the first
irrigation inspection.”
46.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.
47.Landscape Maintenance Program. A landscape maintenance program shall be submitted to
the Planning Division for approval. The landscape maintenance program shall detail the proper
maintenance of all proposed plant materials to assure proper growth and landscape
development for the long-term esthetics of the property. The approved maintenance program
shall be provided to the landscape maintenance contractor who shall be responsible to carry
out the detailed program.
48.Specifications of Landscape Maintenance Program. Specifications of the landscape
maintenance program shall indicate, “Three landscape site inspections are required. The first
inspection will be conducted at installation of irrigation while trenches are open. This will verify
that irrigation equipment and layout is per plan specifications and details. Any adjustments or
discrepancies in actual conditions will be addressed at this time and will require an approval to
continue. Where applicable, a mainline pressure check will also be conducted. This will verify
that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of
two hours without loss of pressure. The second inspection will verify that all irrigation systems
are operating properly, and to verify that all plantings have been installed consistent with the
approved construction landscape plans. The third inspection will verify property landscape
maintenance for release of the one-year landscape maintenance bond.” The applicant/owner
shall contact the Planning Division to schedule inspections.
49.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.
50.Hardscaping. The landscape plans shall include all hardscaping for equestrian trails and
pedestrian trails within private common areas.
51.Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough
grading plans including all structural setback measurements.
52.Building Construction Plans for Outdoor Areas. Building Construction Plans shall include
detailed outdoor areas (including but not limited to trellises, decorative furniture, hardscape,
etc.) to match the style of the building subject to the approval of the Director of Community
Development.
53.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.
54.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.
55.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
56.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.
58.Installation of Site Improvements. All site improvements, including but not limited to, parking
areas and striping shall be installed.
60.TCSD Service Levels. It shall be the developer’s responsibility to provide written disclosure of
the existence of the Temecula Community Service District (TCSD) and its service level rates
and charges to all prospective purchasers.
61.Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with
prior to occupancy or any use allowed by this permit.
Outside Agencies
63.Flood Protection. Flood protection shall be provided in accordance with the Riverside County
Flood Control Districts transmittal dated March 16, 2017, a copy of which is attached. The fee
is made payable to the Riverside County Flood Control Water District by either a cashier’s check
or money order, prior to the issuance of a grading permit (unless deferred to a later date by the
District), based upon the prevailing area drainage plan fee.
64.Compliance with Dept. of Environmental Health. The applicant shall comply with the
recommendations set forth in the County of Riverside Department of Environmental Health’s
transmittal dated August 10, 2017, a copy of which is attached.
65.Compliance with EMWD. The applicant shall comply with the recommendations set forth in the
Eastern Municipal Water District’s transmittal dated March 9, 2017, a copy of which is attached.
66.Compliance with RCWD. The applicant shall comply with the recommendations set forth in the
Rancho California Water District’s transmittal dated August 25, 2017, a copy of which is
attached.
67.General. The applicant shall comply with the recommendations set forth in the Southern
California Edison transmittal dated June 2, 2017, a copy of which is attached.
PUBLIC WORKS DEPARTMENT
General Requirements
68.Conditions of Approval. The developer shall comply with all Conditions of Approval, the
Engineering and Construction Manual and all City codes/standards at no cost to any
governmental agency.
69.Entitlement Approval. The developer shall comply with the approved site plan, the conceptual
Water Quality Management Plan (WQMP) and other relevant documents approved during
entitlement. Any significant omission to the representation of site conditions may require the
plans to be resubmitted for further review and revision.
70.Precise Grading Permit. A precise grading permit for on site improvements (outside of public
right-of-way) shall be obtained from Public Works.
71.Haul Route Permit. A haul route permit may be required when soils are moved on public
roadways to or from a grading site. The developer/contractor is to verify if the permit is
required. If so, he shall comply with all conditions and requirements per the City’s Engineering
and Construction Manual and as directed by Public Works.
72.Encroachment Permits. Prior to commencement of any applicable construction, encroachment
permit(s) are required; and shall be obtained from Public Works for public offsite improvements.
73.Street Improvement Plans. The developer shall submit public/private street improvement
plans for review and approval by Public Works. The plans shall be in compliance with Caltrans
and City codes/standards; and shall include, but not limited to, plans and profiles showing
existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline
grades.
74.
Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately
maintained.
75.Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per
the latest edition of Caltrans MUTCD standards, shall be included with the street improvement
plans for approval.
76.Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans
if the street storm flows exceeds top of curb for the 10-year storm event and/or is not contained
within the street right-of-way for the 100-year storm event. A manhole shall be constructed at
right-of-way where a private and public storm drain systems connect. The plans shall be
approved by Public Works.
Prior to Issuance of a Grading Permit
77.Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion &
sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be
coordinated for consistency with adjacent projects and existing improvements contiguous to the
site. The approved plan shall include all construction-phase pollution-prevention controls to
adequately address non-permitted runoff. Refer to the City’s Engineering & Construction
Manual at: www.TemeculaCA.gov/ECM
78.Erosion & Sediment Control Securities. The developer shall comply with the provisions of
Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering
into an agreement to guarantee the erosion & sediment control improvements.
79.NPDES General Permit Compliance. The developer shall obtain project coverage under the
State National Pollutant Discharge Elimination System (NPDES) General Permit fo
r
Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water
Resources Control Board (SWRCB);
b. The project’s Risk Level (RL) determination number; and
c. The name, contact information and certification number of the Qualified SWPPP Developer
(QSD)
Pursuant to the State Water Resources Control Board (SWRCB) requirements and City’s storm
water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and
submitted to the Board. Throughout the project duration, the SWPPP shall be routinely
updated and readily available (onsite) to the State and City. Review
www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link:
http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml
80.Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit
a final WQMP (prepared by a registered professional engineer) with the initial grading plan
submittal, based on the conceptual WQMP from the entitlement process. It must receive
acceptance by Public Works. A copy of the final project-specific WQMP must be kept onsite at
all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall
be submitted for review and approval. Upon approval from City staff, the applicant shall record
the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template
and agreement link below:
www.TemeculaCA.gov/WQMP
81.Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City
that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has
already been credited to this property, no new charge will be required.
82.Drainage. All applicable drainage shall be depicted on the grading plan and properly
accommodated with onsite drainage improvements and water quality facilities, which shall be
privately maintained. Alterations to existing drainage patterns or concentration and/or diverting
flows is not allowed unless the developer constructs adequate drainage improvements and
obtains the necessary permissions from the downstream property owners. All drainage leaving
the site shall be conveyed into a public storm drain system, if possible. The creation of new
cross lot drainage is not permitted.
83.Drainage Study. A drainage study shall be prepared by a registered civil engineer and
submitted to Public Works with the initial grading plan check in accordance with City, Riverside
County and engineering standards. The study shall identify storm water runoff quantities (to
mitigate the 10 and 100-year storm event for 24 hour storm duration peak flow) from the
development of this site and upstream of the site. It shall identify all existing or proposed offsite
or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be
conveyed to an adequate outfall capable of receiving the storm water runoff without damage to
public or private property. The study shall include a capacity analysis verifying the adequacy
of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm
water runoff shall be provided as part of development of this project.
84.Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted
to Public Works with the initial grading plan submittal. The report shall address the site’s soil
conditions and provide recommendations for the construction of engineered structures and
preliminary pavement sections.
85.Letter of Permission/Easement. The developer shall obtain documents (letters of permission
or easements) for any offsite work performed on adjoining properties. The document’s format
is as directed by, and shall be submitted to, Public Works for acceptance. The document
information shall be noted on the approved grading plan.
86.Bus Bays. Bus bays shall be designed at all existing and proposed bus stops as directed by
Riverside Transit Agency and approved by Public Works.
87.Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of
the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in
the ordinance or by providing documented evidence that the fees have already been paid.
Prior to Issuance of Encroachment Permit(s)
88.Public Utility Agency Work. The developer shall submit all relevant documentation due to
encroaching within City right-of-way; and is responsible for any associated costs and for making
arrangements with each applicable public utility agency.
89.Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane
closures and detours or other disruptions to traffic circulation; and shall be reviewed and
approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer
in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices
(MUTCD) and City standards.
90.Improvement Plans. All improvement plans (including but not limited to street, storm drain,
traffic) shall be reviewed and approved by Public Works.
91.Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City’s
Paving Notes.
Prior to Issuance of Building Permit(s)
92.Construction of Street Improvements. All street improvement plans shall be approved by
Public Works. The developer shall start construction of all public street improvements, as
outlined below, in accordance to the City’s Old Town Specific Plan and corresponding City
standards. All street improvement designs shall provide adequate right-of-way and pavement
transitions per Caltrans’ standards to join existing street improvements.
a. Improve Mercedes Street along property frontage – (Old Town Specific Plan Standard) to
include installation of sidewalk, streetlights, drainage facilities, signing and striping, utilities
(including but not limited to water and sewer)
b. Improve Main Street along property frontage – (Old Town Specific Plan Standard modified)
to include installation of sidewalk, streetlights, drainage facilities, signing and striping, pavers,
utilities (including but not limited to water and sewer).
c. Improve alley along Parcel 4 and 5 of the Official Map – (City of Temecula Standard modified
width to 20 feet) – to include installation of full alley improvements, paving, concrete ribbon
gutter, drainage facilities, utilities (including but not limited to water and sewer).
93.Certifications. Certifications are required from the registered civil engineer-of-record certifying
the building pad elevation(s) per the approved plans and from the soil’s engineer-of-record
certifying compaction of the building pad(s).
Prior to Issuance of a Certificate of Occupancy
94.Completion of Improvements. The developer shall complete all work per the approved plans
and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site
work (including water quality facilities), public improvements and the executed WQMP
Operation and Maintenance agreement.
95.Utility Agency Clearances. The developer shall receive written clearance from applicable utility
agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion
of their respective facilities and provide to Public Works.
96.Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken
during development shall be repaired or removed and replaced to the satisfaction of Public
Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a
qualified professional pursuant to the California Business and Professional Code Section 8771.
97.Certifications. All necessary certifications and clearances from engineers, utility companies
and public agencies shall be submitted as required by Public Works.
BUILDING AND SAFETY DIVISION
General Requirements
98.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.
99.Compliance with Code. All design components shall comply with applicable provisions of the
2016 edition of the California Building, Plumbing and Mechanical Codes; 2016 California
Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California
Green Building Standards, California Title 24 Disabled Access Regulations, and City of
Temecula Municipal Code.
100. ADA Access. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include
a. Disabled access from the public way to the building entrances.
b. Van accessible parking located as close as possible to the building entrances.
c. Accessible path of travel from parking to furthest point of improvement.
d. Accessible path of travel from public right-of-way to all public areas on site, including trash
enclosure.
101. 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. All exterior LED light fixtures shall be 3,000 kelvin or below.
102. 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.
103. 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.
104. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
Obtaining Separate Approvals and Permits. Patio covers, light standards, and any block walls
105.
will require separate approvals and permits. Solid covers are required over new and existing
trash enclosures.
106. Demolition. Demolition permits require separate approvals and permits.
107.
Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
108. 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.
109. 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.
110. 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 barriers in fire assemblies at fire resistant penetrations
fire protection. Required fire seals/
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
111. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4)
complete sets of plans and two (2) sets of supporting calculations for review and approval
including:
a. An electrical plan including load calculations and panel schedule, plumbing schematic, and
mechanical plan applicable to scope of work.
b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207,
of the 2016 edition of the California Building Code.
c. A precise grading plan to verify accessibility for persons with disabilities.
d. Truss calculations that have been stamped by the engineer of record of the building and the
truss manufacturer engineer.
Prior to Issuance of Grading Permit(s)
112. 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.
113. 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)
114. 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
115.
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
116. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances
per CFC Appendix C. Standard fire hydrants (6” x 4” x (2) 2 ½” 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 whether they are public or private. The
upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City
Ordinance 15.16.020).
117. 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.
118. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the
construction of all commercial 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 this 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)
119. 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).
120. 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).
121. Gradient Of Access Roads. The gradient for fire apparatus access roads shall not exceed 15
percent (CFC Chapter 5 and City Ordinance 15.16.020).
122. 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)
123. 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. The Double Detector Check Valve will be in side the fire sprinkler riser room. The fire
sprinkler riser room is only dedicated to fire equipment only and will not share with any other
trades. (CFC Chapter 33 and Chapter 5).
124. 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. All control valves for each floor will be located in the fire sprinkler
riser room.
125. 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
126. Gates and Access. All manual and electronic gates on required Fire Department access roads
or gates obstructing Fire Department building access shall be provided with the Knox Rapid
entry system for emergency access by firefighting personnel (CFC Chapter 5).
127.
Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
128. 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 each fire riser sprinkler room (CFC Chapter 5).
129. Addressing. New 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).
130. 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).
POLICE DEPARTMENT
General Requirements
131. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are
kept at a height of no more than three feet or below the ground floor window sills. Plants,
hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into
the buildings utilizing lower level windows.
132. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at
a distance to deter roof accessibility by “would-be burglars.” Since trees also act as a natural
ladder, the branches must be pruned to have a six-foot clearance from the buildings.
133. Berm Height. Berms shall not exceed three feet in height.
134. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed
above the door. The doors shall be illuminated with a minimum one-foot candle illumination at
ground level, evenly dispersed.
135. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted
light fixtures to provide sufficient lighting during hours of darkness.
Outdoor Lighting during Non-Business Hours. The applicant shall comply with the Governor’s
136.
order to address the power crisis. This order became effective March 18, 2001 calling for a
substantial reduction from businesses to cut usage during non-business hours. The order, in
part, states, “All California retail establishments, including, but not limited to, shopping centers,
auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability
during non-business hours except as necessary for the health and safety of the public,
employees or property.” Failure to comply with this order following a warning by law
enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in
accordance with Title 24, Part 6, of the California Code of Regulations.
137. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges,
and other miscellaneous hardware shall be commercial or institution grade.
138. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted
over within 24 hours of being discovered. Report all such crimes to the Temecula Police
24-hour dispatch Center at (951) 696-HELP.
larm System. Upon completion of construction, the buildings shall have a monitored alarm
139. A
system installed and monitored 24 hours a day by a designated private alarm company to notify
the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses
located within a specific building shall have their own alarm system. This condition is not
applicable if the business is opened 24/7.
140. Roof Hatches. All roof hatches shall be painted “International Orange.”
141. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop
addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches
apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent
yellow paint applied over a contrasting background. The address shall be oriented to the street
and placed as closely as possible to the edge of the building closest to the street.
142. Public Telephones. Any public telephones located on the exterior of the buildings shall be
placed in a well-lit, highly visible area, and installed with a “call-out only” feature to deter
loitering. This feature is not required for public telephones installed within the interior of the
buildings.
143. Knox Boxes. Knox Boxes with Police access are required at each gate leading into the
property. “Where access to or within a structure or an area is restricted because of secured
opening or where immediate access is necessary for life-saving purposes, the Temecula
Police Department is authorized to require a key box to be installed in an approved location.
The key box shall be of an approved type and shall contain keys to gain necessary access.
144. Crime Prevention through Environmental Design. Crime prevention through environmental
design as developed by the National Crime Prevention Institute (NCPI) supports the concept
that “the proper design and effective use of the built environment can lead to a reduction in the
fear and incidence of crime and an improvement in the quality of life.” The nine primary
strategies that support this concept are included as conditions below: a. Provide clear border
definition of controlled space. Examples of border definition may include fences, shrubbery or
signs in exterior areas. Within a building, the arrangement of furniture and color definition can
serve as a means of identifying controlled space. b. Provide clearly marked transitional zones.
Persons need to be able to identify when they are moving from public to semi-public to private
space. c. Gathering or congregating areas to be located or designated in locations where there
is good surveillance and access control. d. Place safe activities in unsafe locations. Safe
activities attract normal users to a location and subsequently render the location less attractive
to abnormal users due to observation and possible intervention. e. Place unsafe activities in
safe locations. Placing unsafe activities in areas of natural surveillance or controlled access
will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space
to provide natural barriers. Separate activities that may conflict with each other (outdoor
basketball court and children’s play area, for example) by distance, natural terrain or other
functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space
can reduce the risk for normal users and cause abnormal users to be of greater risk of
surveillance and intervention. h. Redesign space to increase the perception of natural
surveillance. Abnormal users need to be award of the risk of detection and possible
intervention. Windows and clear lines-of-sight serve to provide such a perception of
surveillance. i. Overcome distance and isolation. This strategy may be accomplished through
improved communications (portable two-way radios, for example) and design efficiencies, such
as the location of restrooms in a public building.
145. Business Security Survey. Businesses desiring a business security survey of their location can
contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951)
695-2773.
146. Questions Regarding Conditions. Any questions regarding these conditions should be directed
to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773.
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
CASE NO: APPLICANT:
PA17-0324 Joe Holasek
PROPOSAL:
A Development Plan to allow for the construction of an approximately 87,280 square foot
commercial center comprised of two three-story buildings with basements. The project is generally
located on both sides of Town Square Park on Main Street, on the west side of Mercedes Street.
RECOMMENDATION:
Adopt a Resolution approving the project subject to Conditions of Approval
ENVIRONMENTAL:
In accordance with the California Environmental Quality Act (CEQA), the proposed
project is exempt from further environmental review and a Notice of Exemption will be adopted in
compliance with CEQA (Section 15162, Subsequent EIRs and Negative Declarations)
CASE PLANNER:
Eric Jones, (951) 506-5115
PLACE OF HEARING:
41000 Main St., Temecula, CA 92590,City of Temecula, Council Chambers
DATE OF HEARING: TIME OF HEARING:
February 7, 2018 6:00 p.m.
The complete agenda packet (including any supplemental materials) 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
TemeculaCA.gov and will be available for public
review at the respective meeting. Any writing 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 mat TemeculaCA.gov
and will be available for public review at the meeting.
Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and controlled by,
Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review
of, which attacks or seeks to set aside, or void any decision of the Planning Commission shall be limited to those issues raised
at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice.
Questions?
Please call the Community Development Department at (951) 694-6400.
AERIAL MAP
PLAN REDUCTIONS
PC DRAFT RESOLUTION
CONDITIONAL USE PERMIT
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-1509, A CONDITIONAL USE
PERMIT FOR THE CONSTRUCTION OF AN
APPROXIMATELY 3,935 SQUARE FOOT DRIVE-THRU
RESTAURANT LOCATED AT
40390 MARGARITA ROAD AND MAKING A FINDING OF
EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 19, 2017, Greg Fick filed Planning Application No. PA17-1509
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 February 7, 2018, 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. 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 in accordance with Temecula
Municipal Code Section 17.04.010.E (Conditional Use Permit):
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
Restaurants with drive-thrus, as conditioned, are an allowable use within the
Community Commercial General Plan designation and Planning Area 4 of the
Campos Verdes Specific Plan. Therefore the use is consistent with the General
Plan for Temecula as well as the requirements for State law and other Ordinances
of the City.
B. The proposed conditional use is compatible with the nature, condition and
development of adjacent uses, buildings and structures and the proposed conditional use
will not adversely affect the adjacent uses, buildings or structures;
The proposed conditional use 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
because the building, drive-thru, and order board speakers have been located as
far away as possible on the project site from the existing surrounding residences.
In addition, illuminated channel letter signage that faces the existing surrounding
residences is not permitted.
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 project will allow for a drive-thru restaurant to be constructed at this location.
The drive-thru restaurant is located approximately 196 feet from the nearest
residential structure on a project site that previously contained a commercial
restaurant building. The site will remain 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 Campos Verdes Specific Plan as 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 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,
Campos Verdes Specific Plan, General Plan, and Fire and Building Codes which
provided 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 before
the Planning Commission.
Section 4. 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 project meets all General Plan and Zoning policies and regulations and is
located within City limits on a site of no more than five acres substantially
surrounded by urban uses. The project site has no value as habitat for
endangered, rare or threatened species. The site is also surrounded by
development and is able to be serviced by all required utilities and public services.
The project is not anticipated to result in any significant effects relating to traffic,
noise, air quality, or water quality.
Section 5. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-1509, a Conditional Use Permit the
construction of an approximately 3,935 square foot drive-thru restaurant for Raising
located at 40390 Margarita Road, and makes 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.
PASSED, APPROVED AND ADOPTED
Section 5. by the City of Temecula
Planning Commission this 7th day of February, 2018.
Gary Youmans, 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. 18- was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 7th day of
February, 2018, 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
CONDITIONAL USE PERMIT
DRAFT PC RESOLUTION
DEVELOPMENT PLAN
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-1508, A DEVELOPMENT PLAN
FOR THE CONSTRUCTION OF AN APPROXIMATELY
3,935 SQUARE FOOT DRIVE-THRU RESTAURANT FOR
LOCATED AT 40390 MARGARITA
ROAD AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On October 19, 2017, Greg Fick filed Planning Application No. PA17-1508
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 February 7, 2018, 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. 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 in accordance with Temecula
Municipal Code Section 17.05.010.F (Development Plan):
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 designation for the project site is Community Commercial which
allows for a drive-thru restaurant, as conditioned. Therefore, the proposed project
is in conformance with the General Plan. The project, as conditioned, is also
consistent with other applicable requirements of State law and local Ordinances,
including the California Environmental Quality Act (CEQA), the Citywide Design
Guidelines, Campos Verdes Specific Plan, 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;
The overall design of the project, including the site, building, parking, circulation
and other associated site improvements, is consistent with, and intended to protect
the health and safety of those working and living in an around the site as the project
is consistent with the General Plan, City Wide Design Guidelines, Campos Verdes
Specific Plan, Development Code, and Fire and Building Codes. 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 4. 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, In-Fill Development Projects):
The project meets all General Plan and Zoning policies and regulations and is
located within City limits on a site of no more than five acres substantially
surrounded by urban uses. The project site has no value as habitat for
endangered, rare or threatened species. The site is also surrounded by
development and is able to be serviced by all required utilities and public services.
The project is not anticipated to result in any significant effects relating to traffic,
noise, air quality, or water quality.
Section 5. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-1508, a Development Plan for the construction
of an approximately 3,935 square foot drive-thru restaurant located at
40390 Margarita Road, and makes 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.
PASSED, APPROVED AND ADOPTED
Section 5. by the City of Temecula
Planning Commission this 7th day of February, 2018.
Gary Youmans, 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. 18- was duly and regularly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof held on the 7th day of
February, 2018, 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
DEVELOPMENT PLAN
STATEMENT OF OPERATIONS
NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING
COMMISSION to consider the matter described below:
Case No: PA17-1508, PA17-1509 Applicant: Greg Fick
Proposal: A Development Plan and Conditional Use Permit for the construction of an
approximately 3,935 square foot drive-thru restaurant located at
40390 Margarita 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: Scott Cooper, (951) 506-5137
Place of Hearing: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
Date of Hearing: February 7, 2018 Time of Hearing: 6:00 p.m.
The complete agenda packet (including any supplemental materials) 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
TemeculaCA.gov and will be available for public review at the respective meeting. Any writing 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.
TemeculaCA.gov and will be
available for public review at the meeting.
Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by, and
controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning
Commission shall be limited to those issues raised at the hearing or in written correspondence delivered to the
City Clerk at, or prior to, the public hearing described in this notice.
Questions? Please call the Community Development Department at (951) 694-6400.
DRAFT PC RESOLUTION
PC RESOLUTION NO.18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING A NEW CHAPTER 17.42
CONTAINERS
THE TEMECULA MUNICIPAL CODE AND FINDING THAT
THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO
CEQA GUIDELINE SECTION 15061 (B)(3).
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On, February 7, 2018 the Planning Commission identified a need to amend
portions of Title 17 of the Temecula Municipal Code to establish definitions, procedures
and development standards for attended and unattended collection containers used for
the receiving or storing collected items, such as household goods, clothing and other
salvageable personal items (Planning Application No. LR17-1180).
B. The Ordinance was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the proposed
amendments to Title 17 of the Temecula Municipal Code on February 7, 2018, 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. The Ordinance is consistent with the Riverside County General Plan, and
each element thereof.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission recommended that the City
Council
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Environmental Compliance. In accordance with the California
Environmental Quality Act (CEQA), the proposed project has been deemed to be exempt
from further environmental review. This ordinance is exempt from the California
Environmental Quality Act (CEQA) as there is no possibility the proposed ordinance
would have a significant impact on the environment pursuant to State CEQA Guideline
Section 15061(b)(3). More specifically, the proposed ordinance would limit the location
and appearance of a certain type of use in the City, and would not expand the allowed
uses in the City. A Notice of Exemption has been prepared and will be filed in accordance
with CEQA and the State CEQA Guidelines.
Section 3. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council approve Planning Application No. LR17-
1180, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and
incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED
Section 4. by the City of Temecula
Planning Commission this 7th day of February 2018.
Gary Youmans, 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. 18- was duly and regularly adopted by
the Planning Commission of the City of Temecula at a regular meeting thereof held on
the 7th day of February 2018, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
EXHIBIT A
DRAFT ORDINANCE
ORDINANCE NO. 18-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MUNICIPAL CODE AND FINDING THE ORDINANCE IS EXEMPT
PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Code Amendment. Subsection (B)(2) of Section 17.04.020
amended to add a new subsection (h) as follows with all other provisions of Section
17.04.020 remaining the same:
Collection Containers that meet the requirements set forth in Chapter 17.42
Section 2. Code Amendment
add
Sections:
17.42.010 Definitions.
17.42.020 Collection Containers Prohibited.
17.42.030 Exceptions.
17.42.040 Permit and Fees.
17.42.050 Inspection.
17.42.060 Collection Container Development Standards.
17.42.070 Collection Container Operational Requirements.
17.42.080 Enforcement and Violations.
17.42.090 Joint and Several Liability.
17.42.100 Amortization Period and Removal.
17.42.010 Definitions.
As used in this Chapter, the following terms, words and phrases have the
meanings as defined in this section, unless another meaning is clearly apparent from the
context:
shall mean a Collection Container that is fully
staffed by a person, organization, or collection center during the period of time that
personal property is being collected.
-1-
shall mean any metal, plastic, cardboard or wooden box,
bin, container, accessory structure or similar container used for soliciting and collecting
donations of salvageable personal property, provided by a person, organization, or
collection center for the primary purpose of receiving or storing collected items, including
household goods, clothing and other salvageable personal items for distribution or resale
by the operator. A Collection Container shall not be considered a fixture or improvement
to the lot.
Collection Container.
shall mean any person who operates a Collection Container in the City.
Container is operated.
17.42.020 Collection Containers Prohibited.
A. No person shall Operate or maintain a Collection Container upon any
unimproved lot, public right-of-way, public park, or open space area, or within any
residential zone in the City.
B. No person shall Operate a Collection Container on property they own,
lease, manage or control in violation of this Chapter. A Property Owner shall not allow
another person to operate a Collection Container on their property in violation of this
Chapter.
17.42.030 Exceptions.
A. This Chapter shall not apply to a Collection Container that is used
exclusively for the collection of recyclable materials by an authorized solid waste collector
pursuant to Chapter 8.20, Waste Management, of this Code and the franchise agreement
between the City and its authorized solid waste collector, or any state certified Beverage
Container Recycling Center.
B. This Chapter shall not apply to Attended Collection Containers.
C. Collection Containers are only permitted within the Highway Tourist (HT),
Neighborhood Commercial (NC), Community Commercial (CC), Service Commercial
(SC), Professional Office (PO), Business Park (BP), Light Industrial (LI) Zoning Districts,
and on commercially zoned parcels within an adopted specific plan or planned
development overlay zone.
17.42.040 Permits and Fees.
A. No Collection Container shall be placed, used or maintained until a Property
Owner obtains a Temporary Use Permit from the City pursuant to the process set forth in
Section 17.04.020.
-2-
B. A Temporary Use Permit for a Collection Container shall expire one year
from the date of issuance.
C. A Temporary Use Permit for a Collection Container shall be renewed on an
annual basis based on the anniversary of the original Temporary Use Permit date of
issuance. The renewal application shall be submitted no later than 30 days prior to the
expiration of the Temporary Use Permit.
17.42.050 Inspection.
A. The Community Development Director, or his or her designee, shall inspect
and approve any Collection Container that is maintained in the City. The Property Owner
and/or Operator shall contact the Community Development Department to schedule an
inspection of the Collection Container within three (3) business days of the Collection
Container being placed on private property pursuant to a Temporary Use Permit.
B. If the Collection Container is not approved by the Community Development
Director, or his or her designee, because it does not meet the requirements set forth in
this Chapter, it shall be promptly removed by the Property Owner and/or Operator.
17.42.060 Collection Container Development Standards.
No Temporary Use Permit for a Collection Container shall be approved unless the
following standards are satisfied:
A. Collection Containers shall be located within twenty (20) linear feet of the
main entrance, and shall not project more than four feet from the building.
B. The dimensions of a Collection Container shall not exceed 82 inches high,
56 inches wide and 49 inches deep.
C. No more than one (1) Collection Container shall be placed on the same
legal lot.
D. Collection Containers shall not be located within any public right of way,
emergency vehicle route, internal drive aisle, parking lot, or pedestrian pathway.
E. No Collection Container shall be placed in a manner that: causes a safety
hazard; obstructs the entrance to any building; interferes with, or impedes the flow of
pedestrian or vehicle traffic; or in any other manner is detrimental to the public health,
safety or welfare or causes a public nuisance.
F. Collection Containers shall not be located on unimproved lots.
G. Collection Containers shall not be constructed of wood, cardboard, plastic,
or any non-metal material.
-3-
17.42.070 Collection Container Operational Requirements.
In addition to the development standards in Section 17.42.060, the Property Owner
and Operator shall ensure Collection Containers comply with the following requirements:
A. Collection Containers shall be kept free of structural damage, holes, visible
rust, and graffiti.
B. Collection Containers shall be kept locked or otherwise secured at all times
so that the contents cannot be accessed by anyone other than those responsible for
retrieving the contents deposited in the Collection Container.
C. Collection Containers shall be serviced and emptied at a minimum of every
seven (7) calendar days, or more frequently on an as needed basis, to ensure the
Collection Container and surrounding area is kept free of junk, materials and debris.
D. Donated items must fit entirely within the closed Collection Container.
E. Donated items shall consist of textiles, shoes, books and other salvageable
personal items only.
F. Donated items shall not include items such as, but not limited to, hazardous
materials, universal waste, mattresses, vehicles, food items or appliances.
G. In accordance with California Welfare and Institutions Code Section 151,
the front of every Collection Container shall conspicuously display all of the following:
1. The name, address, telephone number, and if available, the internet
web address of the Collection Container operator.
2. A statement, in at least two-
Collection Container is owned and operated by a for-profit
ner is owned and operated by
a non-
3. If the Collection Container operator is a non-profit organization, the
front of the Collection Container shall also conspicuously display a
statement describing the non-profit cause that will benefit from the
donations.
4. If the Collection Container operator is a for-profit entity, the front of
the Collection Container shall also conspicuously display a
5. Collection Containers and operators shall comply with all other
applicable federal, state and local laws and regulations.
-4-
17.42.080 Enforcement and Violations.
In accordance with Welfare and Institutions Code Section 152, a Collection
Container in violation of this Chapter may be declared a public nuisance and the City may
remove and dispose of the Collection Container following the procedures set forth in
Chapter 8.12.
17.42.090 Joint and Several Liability.
The Property Owner and Operator shall be jointly and severally liable for violations
of this Chapter.
17.42.100 Amortization Period and Removal.
Section 17.03.070, pertaining to legal non-conforming uses, of this Code, shall not
apply to Collection Containers. Instead, all Operators of Collection Containers existing
on the effective date of this Chapter shall have ninety (90) days to remove any existing
Collection Containers. If an illegal Collection Container is located within the City limits
ninety (90) days after the effective date of this Chapter, the City may remove and dispose
of the Collection Container immediately. If a Collection Container is removed by the City,
the Operator shall be charged the actual costs of such removal, plus any applicable
administrative or other costs and fees authorized to be collected by the City pursuant to
federal, state, or local laws, rules and regulations, including this Code. Such charges,
costs and fees shall be considered a debt to the City, and payment shall be a prerequisite
to the issuance of any permit or other approvals by the City to the extent authorized by
Section 3. CEQA Finding. The City Council hereby finds, in the exercise of its
independent judgment and analysis, that this ordinance is exempt from the California
Environmental Quality Act (CEQA) as there is no possibility the proposed ordinance
would have a significant impact on the environment pursuant to State CEQA Guideline
Section 15061(b)(3). More specifically, the proposed ordinance would limit the location
and appearance of a certain type of use in the City, and would not expand the allowed
uses in the City. A Notice of Exemption has been prepared and will be filed in accordance
with CEQA and the State CEQA Guidelines.
Section 4. Severance. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or any part thereof is for any reason held to
be invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council hereby declares that it would have passed
each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases be declared invalid.
Section 5. Certification. The City Clerk of the City of Temecula shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published or
posted in the manner required by law.
-5-
by the City Council of the City of Temecula
PASSED, APPROVED, AND ADOPTED
this day of , 2018.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
\[SEAL\]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing
Ordinance No. 18- was duly introduced and placed upon its first reading at a meeting
of the City Council of the City of Temecula on the day of , , and that
thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula
at a meeting thereof held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
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NOTICE OF PUBLIC HEARING
Notice of Public Hearing
A PUBLIC HEARING has been scheduled before the City of Temecula
PLANNING COMMISSION to consider the matter described below:
Case No:
LR17-1180; an Ordinance Regulating Donation Containers
Applicant:
City of Temecula
Proposal:
A staff initiated application, adding Chapter 17.42 to the Temecula Municipal Code
regulating Collection Containers.
Recommendation:
Adopt a Resolution of the Planning Commission of the City of Temecula recommending
that the City Council adopt an ordinance entitled, An Ordinance of the City Council of
the City of Temecula adding a new Chapter 17.42, Containers to title 17
the Temecula Municipal Code, and finding that this Ordinance is exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline
Section 15061(b)(3)
Environmental:
In accordance with the California Environmental Quality Act, the proposed project has
been deemed to be exempt from further environmental review, pursuant to CEQA
Guideline Section 15061(b)(3), as there is no possibility the proposed ordinance would
have a significant impact on the environment. More specificially, the proposed
ordinance would limit the location and appearance of a certain type of use in the City,
and would not expand the allowed use in the City.
Case Planner:
Dale West, Associate Planner II
Place of Hearing:
City of Temecula, Council Chambers
41000 Main Street, Temecula, California
Date of Hearing:
February 7, 2018
Time of Hearing:
6:00 p.m.
The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the
Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning
Commission Meeting. At that time, the packet may TemeculaCA.gov.
Supplemental Material
Any distributed to a majority of the Commission regarding any item on the Agenda, after
the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic
Center (41000 Main Street, Temecula), 8:00 a.m. 5:00 p.m. In addition, such material will be made available
TemeculaCA.gov and will be available for public review at the respective meeting.
Any petition for judicial review of a decision of the Planning Commission shall be filed within time required by,
and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or
proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Temecula
Planning Commission shall be limited to those issues raised at the hearing or in written correspondence delivered
to the City Clerk at, or prior to, the public hearing described in this notice.
If you have any questions regarding any item of business on the Agenda for this meeting, please call the
Community Development Department, (951) 694-6400.