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DRAFT PLANNING COMMISSION RESOLUTION
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-1684, A CONDITIONAL USE
PERMIT TO ALLOW PENFOLDS CAFE TO UPGRADE
THEIR EXISTING TYPE 41 LICENSE TO A TYPE 47 AND
MAKING A FINDING OF EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
THE PROJECT IS LOCATED AT 28250 OLD TOWN
FRONT STREET (APN 921-070-019)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On December 4, 2017, Steven Love, filed Planning Application No. PA17-
1684 Conditional Use Permit Application in a manner in accord with the City of
Temecula General Plan and Development Code.
B. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on March 21, 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. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA17-1684 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit, Development Code Section 17.04.010.E
A. The proposed use is in conformance with the General Plan for Temecula
and with all applicable requirements of State law and other Ordinances of the City;
-service restaurant with the primary purpose of
offering a full menu of food within an existing building. The proposed conditional
use is consistent with the City of Temecula General Plan, which specifies
Specific Plan Implementation (SPI) for this site, and conditionally allows
restaurants to operate with a Type 47 (On-Sale General for a Bona Fide Public
Eating Place). The sale of distilled spirits would serve as an incidental use to the
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.
Plan area. As conditioned, the proposed conditional use for a Type 47 (On-Sale
General for a Bona Fide Public Eating Place) is compatible with the nature,
condition and development of adjacent uses, buildings and structures because
the surrounding area includes similar uses such as restaurant and retail
establishments. The proposed conditional use will not adversely affect the
adjacent uses, buildings or structures because the surrounding buildings are
designed for restaurant and retail uses.
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 council in order to integrate the use with other
uses in the neighborhood.
The existing building was constructed in conformance with the Building Code,
and Fire Code. Therefore, the site for the proposed conditional use is adequate
in size and shape to accommodate the yards, walls, fences, parking and loading
facilities, buffer areas, landscaping, and other development features prescribed
in the Development Code and required by the Planning Commission in order to
integrate the use with other uses in the neighborhood.
D. The nature of the proposed conditional use is not detrimental to the health,
safety and general welfare of the community.
The project meets all the requirements of the Old Town Specific Plan,
Development Code, Fire Code and the Building Code, 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.
E. That the decision to approve, conditionally approve, or deny the
application for a conditional use permit be based on substantial evidence in view of the
record as a whole before the director of community development, 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 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Conditional Use Permit Application:
A. In accordance with the California Environmental Quality Act, the proposed
project has been deemed to be categorically exempt from further environmental review
(Section 15301, Class 1, Existing Facilities)
The request for a Conditional Use Permit for a Type 47 (On-Sale General for a
building and involves a negligible expansion of the existing and expected uses.
All access to public utilities are available to the site. The proposed use, with
issuance of a Conditional Use Permit, is in conformance with all zoning
requirements of the Old Town Specific Plan and Development Code.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-1684, a Minor Conditional Use Permit to allow
Penfolds Cafe to upgrade their existing Type 41 License to a Type 47. The project is
located at 28250 Old Town Front Street, 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 21st day of March, 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
the 21st day of March 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
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA17-1684
Planning Application No.:
Penfold's Cafe Minor Conditional Use Permit: A Minor Conditional Use
Project Description:
Permit to allow Penfold's Cafe to upgrade their existing Type 41 License to
a Type 47. The project is located at 28258 Old Town Front Street.
921-070-019
Assessor's Parcel No.:
N/A (No New Square Footage or Grading)
MSHCP Category:
N/A (No New Square Footage)
DIF Category:
N/A (No New Square Footage)
TUMF Category:
N/A (Non-Residential Project)
Quimby Category:
N/A (Not Located Within Uptown Jefferson Specific Plan
New Street In-lieu of Fee:
March 21, 2018
Approval Date:
March 21, 2020
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
cashiers check or money order made payable to the County Clerk in the amount of Fifty
Dollars ($50.00) for the County administrative fee, to enable the City to file the Notice of
Exemption as provided under Public Resources Code Section 21152 and California Code of
Regulations Section 15062. If within said 48-hour period the applicant/ developer has not
delivered to the Planning Division the check as required above, the approval for the project
granted shall be void by reason of failure of condition (Fish and Wildlife Code Section
711.4(c)).
General Requirements
2. Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards, judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of
the City and its citizens in regards to such defense.
3. Expiration. This approval shall be used within two years of the approval date; otherwise, it
shall become null and void. Use means the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently pursued
to completion, or the beginning of substantial utilization contemplated by this approval, or use
of a property in conformance with a Conditional Use Permit.
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.
7. Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
8. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
9. Bona Fide Eating Place. Type 41 (On Sale Beer and Wine), 47 (On Sale General), and 49
(On Sale General) licensees must operate and maintain their licensed premises as a bona
fide eating place. The on-site sales and consumption of alcohol are an incidental and ancillary
use to the restaurant use. A licensee is presumed to be operating as a bona fide eating place
if the quarterly gross sales of food prepared and sold to guests on the premises exceeds the
gross sales of alcoholic beverages for the same period. The licensee shall at all times
maintain records which reflect separately the gross sales of food and the gross sale of
alcoholic beverages on the licensed premises. The records shall be kept no less frequently
than on a quarterly basis and shall be made available to the City, or its designee, upon
demand. A full menu shall be available for order during all hours that alcohol is served. The
premises where the licensee operates must possess a full restaurant kitchen facility
containing conveniences for cooking such as a working refrigerator and cooking devices. The
premises must offer sit down meal service and food menus. "Meals" means the usual
assortment of food commonly ordered at various hours of the day. The service of only
sandwiches or salads is not considered compliance with the requirement to provide meals.
The premises must comply with all regulations of the health department.
10. Food Service. The bona fide public eating place shall serve a full menu at all hours that
alcohol is served.
11. Statement of Operations. The applicant shall comply with their Statement of Operations
dated November 28, 2017, on file with the Planning Division, unless a conflict exists between
the Statement of Operations and these Conditions of Approval, in which case the Conditions
of Approval control.
12. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
13. City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to review
and modify this Conditional Use Permit (including the Conditions of Approval) based on
changed circumstances. Changed circumstances include, but are not limited to, the
modification of business, a change in scope, emphasis, size of nature of the business, and the
expansion, alteration, reconfiguration or change of use. The reservation of right to review
any Conditional Use Permit granted or approved or conditionally approved hereunder by the
City, its Director of Community Development, Planning Commission and City Council is in
addition to, and not in-lieu of, the right of the City, its Director of Community Development,
Planning Commission, and City Council to review, revoke or modify any Conditional Use
Permit approved or conditionally approved hereunder for any violations of the conditions
imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or
other code violation thereon.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
14. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied
with prior to occupancy or any use allowed by this permit.
FIRE PREVENTION
General Requirements
15. Fire Requirement. Fire has no conditions of approval required for the request to change their
license from a Type 41 to a Type 47.
POLICE DEPARTMENT
General Requirements
16. Employees Trained in Sales or Service of Alcoholic Beverages. Applicant shall ensure all
employees involved in the sales or service of alcoholic beverages are properly trained per the
requirements of the Department of Alcoholic Beverage Control.
17. Type 47 License. The applicant has applied for a Type 47 On-Sale General Eating Place
(Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on
the licensed premises and authorizes the sale of beer and wine for consumption off the
licensed premises. Applicant must operate and maintain the licensed premises as a bona
fide eating place. Minors are allowed on the premises.
18. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with
Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public
Prohibited.
19. Additional LEADS Training. The Temecula Police Department, Crime Prevention Office offers
Additional LEADS training free of charge.
20. Questions Regarding Conditions. Any questions regarding these conditions should be
directed to the Temecula Police Department Crime Prevention and Plans Unit at (951)
506-5132.
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:
PA17-1684Steven Love
PROPOSAL:
A Conditional Use Permit to allow Penfold’s Cafe to upgrade their existing Type 41 License
to a Type 47. The project is located at 28250 Old Town Front 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 15301, Class 1, Existing Facilities)
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:
March 21, 2018 6:00 p.m.
The complete agenda packet (including ) will be available for viewing in the Main Reception area at
any supplemental materials
the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting.
At that time, the packet may also be accessed on the City’s website – 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 material will be made available on the City’s website – 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.
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. PA17-0317, A CONDITIONAL USE
PERMIT FOR AN AUTOMOTIVE SERVICE STATION, A
TYPE 20 ABC LICENSE FOR OFF-SALE BEER AND WINE,
AND A SINGLE DWELLING UNIT FOR THE PROPRIETOR
OF THE BUSINESS LOCATED ON THE SOUTHWEST
CORNER OF TEMECULA PARKWAY AND PECHANGA
PARKWAY 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 February 16, 2017, Gregory Hann filed Planning Application Nos. PA17-
0318 a Development Plan and PA17-0317 a Conditional Use Permit to allow for the
construction of an approximately 5,796 square foot convenience store and automotive
service station with a 700 square foot second floor dwelling unit for the proprietor of the
business, and a Type 20 ABC license for off-sale beer and wine. On November 16, 2017,
Gregory Hann filed Planning Application No. PA17-1632 a Finding of Public Convenience
, were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The proposed project was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. On December 6, 2017, the proposed project was considered by the
Planning Commission at a duly noticed public hearing. At the conclusion of the hearing,
the Planning Commission voted to direct staff to prepare a resolution of denial. The
applicant subsequently revised the proposed project to address the Planning
D. The Planning Commission, at a regular meeting, considered the proposed
project and environmental review on March 21, 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. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA17-0317, subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Conditional Use Permit (Development Code Section 17.04.010.E)
A. The proposed conditional use is consistent with the General Plan and the
Development Code;
Automotive service stations selling beer and/or wine and a dwelling unit for the
proprietor of the business, as conditioned, are an allowable use within the
Professional Office zone. Therefore the use will be 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 project has been designed with access points on Temecula Parkway and
Pechanga Parkway while avoiding an access point on the local residential street
within a single family residential neighborhood. The project has also provided a
-
Design Guidelines. The project will have 45% landscape coverage which far
exceeds the 25% coverage required under the City of Temecula Development
Code. This landscaping includes screening trees which will, in addition to the
fence, serve to further screen the residences from the convenience store located
on the property.
Therefore, the proposed conditional use is compatible with the nature, condition
and development of adjacent uses, buildings and structures, and the proposed
conditional use will not adversely affect the adjacent uses, buildings or structures.
C. The site for a proposed conditional use is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading facilities, buffer areas,
landscaping, and other development features prescribed in the Development Code and
required by the Planning Commission or City Council in order to integrate the use with
other uses in the neighborhood;
The application will allow for an automotive service station selling beer and/or wine
and a dwelling unit for the proprietor of the business to be constructed at this
location. 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 as required by
the Planning Commission or City Council in order to integrate the use with other
-
property line of the adjacent single-family residential zone which is greater than
commercial development. Within this setback area is increased landscape which
is part of the 45% landscape coverage on the project site which far exceeds the
25% coverage required under the City of Temecula Development Code.
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
and General Plan 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. 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, Class 32, In-Fill Development Projects);
The project meets all General Plan and Zoning policies and regulations and is
located within City limits on a site of no more than five acres. The 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 as the project, as conditioned,
is an allowed use per the City of Temecula General Plan.
Section 5. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-0317, a Conditional Use Permit
, 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 21st day of March, 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 21st day of
March, 2018, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
DRAFT CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA17-0317
Planning Application No.:
Conditional Use Permit for a automotive service station, a Type 20 ABC
Project Description:
License for off-sale beer and wine, and a single dwelling unit for the
proprietor of the business located on the southwest corner of Pechanga
Parkway and Temecula Parkway.
961-440-016, 961-440-010
Assessor's Parcel No.:
Commercial, Residential
MSHCP Category:
Service Commercial, Residential (Detached)
DIF Category:
Service Commercial, Residential (Single Family)
TUMF Category:
Single Family Residential (Detached Garage)
Quimby Category:
N/A (project not located in Uptown Temecula Specific Plan area)
New Street In-lieu of Fee:
March 21, 2018
Approval Date:
March 21, 2020
Expiration Date:
PLANNING DIVISION
General Requirements
1.Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards, judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of
the City and its citizens in regards to such defense.
2.Expiration. This approval shall be used within two years of the approval date; otherwise, it
shall become null and void. By use is meant the beginning of substantial construction
contemplated by this approval within the two year period, which is thereafter diligently pursued
to completion, or the beginning of substantial utilization contemplated by this approval, or use
of a property in conformance with a Conditional Use Permit.
3.Time Extension. The Director of Community Development may, upon an application being
filed prior to expiration, and for good cause, grant a time extension of up to 3 one year
extensions of time, one year at a time.
4.Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
5.Signage Permits. A separate building permit shall be required for all signage.
6.Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
7.Statement of Operations. The applicant shall comply with their Statement of Operations, on
file with the Planning Division, unless a conflict exists between the Statement of Operations
and these Conditions of Approval, in which case the Conditions of Approval control.
8.
Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section
17.03.080 of the City’s Development Code.
9.City Review and Modification of CUP. The City, its Director of Community Development,
Planning Commission, and City Council retain and reserve the right and jurisdiction to review
and modify this Conditional Use Permit (including the Conditions of Approval) based on
changed circumstances. Changed circumstances include, but are not limited to, the
modification of business, a change in scope, emphasis, size of nature of the business, and the
expansion, alteration, reconfiguration or change of use. The reservation of right to review any
Conditional Use Permit granted or approved or conditionally approved hereunder by the City,
its Director of Community Development, Planning Commission and City Council is in addition
to, and not in-lieu of, the right of the City, its Director of Community Development, Planning
Commission, and City Council to review, revoke or modify any Conditional Use Permit
approved or conditionally approved hereunder for any violations of the conditions imposed on
such Conditional Use Permit or for the maintenance of any nuisance condition or other code
violation thereon.
PC DRAFT RESOLUTION
DEVELOPMENT PLAN
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-0318, A DEVELOPMENT PLAN
FOR THE CONSTRUCTION OF AN APPROXIMATELY
5,796 SQUARE FOOT CONVENIENCE STORE AND
AUTOMOBILE SERVICE STATION WITH A 700 SQUARE
FOOT SECOND FLOOR DWELLING UNIT FOR THE
PROPRIETOR OF THE BUSINESS LOCATED ON THE
SOUTHWEST CORNER OF TEMECULA PARKWAY AND
PECHANGA PARKWAY 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 February 16, 2017, Gregory Hann filed Planning Application Nos. PA17-
0318 a Development Plan and PA17-0317 a Conditional Use Permit to allow for the
construction of an approximately 5,796 square foot convenience store and automotive
service station with a 700 square foot second floor dwelling unit for the proprietor of the
business, and a Type 20 ABC license for off-sale beer and wine. On November 16, 2017,
Gregory Hann filed Planning Application No. PA17-1632 a Finding of Public Convenience
and Necessity. These applications (collectively “project”), were filed in a manner in
accord with the City of Temecula General Plan and Development Code.
B. The proposed project was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. On December 6, 2017, the proposed project was considered by the
Planning Commission at a duly noticed public hearing. At the conclusion of the hearing,
the Planning Commission voted to direct staff to prepare a resolution of denial. The
applicant subsequently revised the proposed project to address the Planning
Commission’s concerns.
D. The Planning Commission, at a regular meeting, considered the Application
and environmental review on March 21, 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. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA17-0318, subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
development plan application hereby finds, determines and declares pursuant to
Development Code Section 17.05.010.F 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 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, 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 project has been designed with access points on Temecula Parkway and
Pechanga Parkway while avoiding an access point on the local residential street
within a single family residential neighborhood. The project has also provided a
setback from the single family residential neighborhood of a minimum 39’-11”
which greatly exceeds the required 20’ setback required by the City of Temecula
Design Guidelines. Therefore, 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, and Development Code. 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. 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 as the project, as conditioned,
is an allowed use per the City of Temecula General Plan.
Section 5. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-0318, a Development Plan for the construction
of an approximately 5,796 square foot convenience store and automobile service station
with a 700 square foot second floor dwelling unit for the proprietor of the business located
on the southwest corner of Temecula Parkway, 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 21st day of March, 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 21st day of
March, 2018, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson
Secretary
DRAFT CONDITIONS OF APPROVAL
DEVELOPMENT PLAN
EXHIBIT A
CITY OF TEMECULA
DRAFT CONDITIONS OF APPROVAL
PA17-0318
Planning Application No.:
Development Plan Application for the construction of an approximately
A
Project Description:
5,796 square foot convenience store and automotive service station with a
700 square foot second floor dwelling unit for the proprietor of the business
and a Type 20 ABC license for off-sale beer and wine located on the
southwest corner of Temecula Parkway and Pechanga Parkway
961-440-010, 961-440-016
Assessor's Parcel No.:
Less than 8.0 dwelling units, Commercial
MSHCP Category:
Retail Commercial, Residential-Detached
DIF Category:
Residential-Single Family, Retail Commercial
TUMF Category:
Single Family Residential (Detached Garage)
Quimby Category:
N/A (not within the Uptown Temecula Specific Plan area)
New Street In-lieu of Fee:
March 21, 2018
Approval Date:
March 21, 2021
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
cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the
Planning Division the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)).
General Requirements
2.Indemnification of the City. The applicant and owner of the real property subject to this
condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its
attorneys from any and all claims, actions, awards, judgments, or proceedings against the City
to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any
action in furtherance of and the approval of the City, or any agency or instrumentality thereof,
advisory agency, appeal board or legislative body including actions approved by the voters of
the City, concerning the Planning Application. The City shall be deemed for purposes of this
condition, to include any agency or instrumentality thereof, or any of its elected or appointed
officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall
promptly notify both the applicant and landowner of any claim, action, or proceeding to which
this condition is applicable and shall further cooperate fully in the defense of the action. The
City reserves the right to take any and all action the City deems to be in the best interest of the
City and its citizens in regards to such defense.
3.Expiration. This approval shall be used within three years of the approval date; otherwise, it
shall become null and void. Use means the beginning of substantial construction contemplated
by this approval within the three-year period, which is thereafter diligently pursued to
completion, or the beginning of substantial utilization contemplated by this approval, or use of
a property in conformance with a Conditional Use Permit.
4.Time Extension. The Director of Community Development may, upon an application being filed
prior to expiration, and for good cause, grant a time extension of up to five extensions of time,
one year at a time.
5.Conformance with Approved Plans. The development of the premises shall substantially
conform to the approved site plan and elevations contained on file with the Planning Division.
6.Signage Permits. A separate building permit shall be required for all signage.
7.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.
8.Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check
approval for the grading permit. If construction is delayed or suspended for more than 30 days
after the survey, the area shall be resurveyed.
9.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.
10.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.
11. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent
specific items, materials, equipment, techniques, finishes or similar matters are specified, shall
be deemed satisfied by City staff's prior approval of the use or utilization of an item, material,
equipment, finish or technique that City staff determines to be the substantial equivalent of that
required by the Conditions of Approval. Staff may elect to reject the request to substitute, in
which case the real party in interest may appeal, after payment of the regular cost of an appeal,
the decision to the Planning Commission for its decision.
Materials Color
Eldorado Stone Coastal Ledgestone
Aluminum Storefront Blue-Green Glazing
Stucco Southern Shadow
Stucco Babbitt Brown
Stucco California Copper
Stucco Natural White
Metal Trim Ascot Blue
12.Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
13.Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling
bin, as well as regular solid waste containers.
14.Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized
on the site. These shall be clearly labeled on the site plan.
15.Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the
construction plans shall include all details of the trash enclosures, including the solid cover.
16.Construction and Demolition Debris. 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.
17.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.
18.Property Maintenance. All parkways, including within the right-of-way, entryway median,
landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by
the property owner or maintenance association.
19.Residential Dwelling Unit. The second floor residential dwelling unit shall be for the use of the
proprietor of the business only and shall not be sold or leased.
20.udio Visual Equipment. The project shall not contain audio or visual equipment as part of the
A
gas pumps.
21.Restaurant Use. Per Section 4.4 and Exhibit G of the Development Agreement between Pala
Rainbow, LLC and the City of Temecula dated December 16, 1999 a drive-in restaurant use is
prohibited on the project site. Any modifications to the Development Plan for PA17-0318 that
contains a drive-in restaurant will not be approved.
Prior to Issuance of Grading Permit
22.
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.
23.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.
24.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.”
25.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.
26.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.”
27.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.”
28.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."
29.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.”
30.
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.”
31.Burrowing Owl Grading Note. The following shall be included in the Notes Section of the
Grading Plan: “No grubbing/clearing of the site shall occur prior to scheduling the pre-grading
meeting with Public Works. All project sites containing suitable habitat for burrowing owls,
whether owls were found or not, require a 30-day preconstruction survey that shall be conducted
within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results
of the survey indicate that no burrowing owls are present on-site, then the project may move
forward with grading, upon Planning Division approval. If burrowing owls are found to be
present or nesting on-site during the preconstruction survey, then the following
recommendations must be adhered to: Exclusion and relocation activities may not occur
during the breeding season, which is defined as March 1 through August 31, with the following
exception: From March 1 through March 15 and from August 1 through August 31 exclusion
and relocation activities may take place if it is proven to the City and appropriate regulatory
agencies (if any) that egg laying or chick rearing is not taking place. This determination must
be made by a qualified biologist.” If construction is delayed or suspended for more than 30
days after the survey, the area shall be resurveyed.
32.Controlled Grading. Prior to any grading on the east half of the project, the Developer or
appropriate representative shall meet and confer with the Pechanga Tribe and the Project
archaeologist to discuss the need to develop a controlled grading plan. The purpose of the
controlled grading on the east is to afford the opportunity to determine whether any subsurface
resources, including human remains, could be identified and if so, to determine appropriate
mitigation as determined in the provisions outlined in the Cultural Resources Treatment and
Monitoring Agreement required in COA #25. All controlled grading shall be monitored
according to the provisions of the Agreement. If it is determined by the Developer or appropriate
representative, the Pechanga Tribe and the Project archaeologist at the meeting that controlled
grading is not necessary at that time, all parties involved understand that the process of
controlled grading still remains a viable option should important cultural resources be identified
during grading and/or trenching activities.
33.Archaeologist Retained. Prior to beginning project construction, the Project Applicant shall
retain a Riverside County qualified/City of Temecula approved archaeological monitor to monito
r
all ground-disturbing activities in an effort to identify any unknown archaeological resources.
Any newly discovered cultural resource deposits shall be subject to a cultural resources
evaluation. 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.
34.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 Coroner
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
35.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.
36.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.
37.Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to
the Planning Division, which meets the requirements of the Development Code and the
Riverside County Palomar Lighting Ordinance 655. All exterior LED light fixtures shall be 3,000
kelvin or below. The parking lot light standards shall be placed in such a way as to not
adversely affect the growth potential of the parking lot trees.
38.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.
39.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.
40.Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the
plans stating, “The contractor shall provide two copies of an agronomic soils report at the first
irrigation inspection.”
41.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.
42.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.
43.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.
44.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.
45.Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough
grading plans including all structural setback measurements.
46.WQMP Landscape Compliance. The construction landscape plans shall be consistent with
ppendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California fo
Ar
plant materials and treatment facilities, and shall reference the approved precise grading plan
for WQMP features.
47.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.
48.
Quimby Requirements. The developer shall satisfy the City’s parkland dedication (Quimby)
requirement through the payment of in-lieu fees based upon the City’s then current land
evaluation. Said requirement includes a credit for private recreational opportunities provided.
Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit
49.Screening of Loading Areas. The applicant shall be required to screen all loading areas and
roof mounted mechanical equipment from view of the adjacent residences and public
right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof
equipment or backs of building parapet walls are visible from any portion of the public
right-of-way adjacent to the project site, the developer shall provide screening by constructing
a sloping tile covered mansard roof element or other screening reviewed and approved by the
Director of Community Development.
50.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.
51.Performance Securities. Performance securities, in amounts to be determined by the Director
of Community Development, to guarantee the maintenance of the plantings in accordance with
the approved construction landscape and irrigation plan, shall be filed with the Planning Division
for a period of one year from final Certificate of Occupancy. After that year, if the landscaping
and irrigation system have been maintained in a condition satisfactory to the Director of
Community Development, the bond shall be released upon request by the applicant.
52.Installation of Site Improvements. All site improvements, including but not limited to, parking
areas and striping shall be installed.
53.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
54.Compliance with Dept. of Environmental Health. The applicant shall comply with the
recommendations set forth in the County of Riverside Department of Environmental Healths
transmittal dated September 19, 2017, a copy of which is attached.
55.Compliance with EMWD. The applicant shall comply with the recommendations set forth in the
Eastern Municipal Water District’s transmittal dated March 10, 2017, a copy of which is attached.
56.Compliance with Flood Control. The applicant shall comply with the recommendations set forth
in the Rancho California Water District’s transmittal dated (insert date), a copy of which is
attached.
57.Compliance with Geotechnical. The applicant shall comply with the recommendations set forth
in the Geocon West, Inc. transmittal dated October 11, 2017, a copy of which is attached.
PUBLIC WORKS DEPARTMENT
General Requirements
58.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.
59.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.
60.Precise Grading Permit. A precise grading permit for on site improvements (outside of public
right-of-way) shall be obtained from Public Works.
61.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.
62.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.
63.Street Improvement Plans. The developer shall submit public 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.
64.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.
65.Vehicular/Traffic Movement Restrictions. The developer shall comply with the following
vehicular movements restrictions:
a. The access from Temecula Parkway shall be restricted to a right-in movement only.
b. The access onto Pechanga Parkway shall be restricted to a right-in/right-out movement
only.
Prior to Issuance of a Grading Permit
66.Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the
recorded ECS with any underlying maps related to the subject property.
67.Abutter's Rights of Access. Prior to issuance of any grading permit, the developer shall submit
for review and approval, a vacation and dedication of the abutters’ rights of access along
Pechanga Parkway pursuant to the new driveway location.
68.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
69.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.
NPDES General Permit Compliance. The developer shall obtain project coverage under the
70.
State National Pollutant Discharge Elimination System (NPDES) General Permit for
Construction Activities and shall provide the following:
a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water
Resources Control Board (SWRCB);
b. 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
71.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
72.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.
73.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.
74.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.
75.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.
76.Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street
intersections and adjacent to driveways to provide for minimum sight distance and visibility.
77.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)
78.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.
79.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.
80.
Improvement Plans. All improvement plans (including but not limited to street, storm drain,
traffic) shall be reviewed and approved by Public Works.
81.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)
82.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
83.
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.
84.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.
85.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.
86.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
87.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.
88.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.
89.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 main entrance of the building.
b. Van accessible parking located as close as possible to the main entry.
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, and to trash
enclosure.
90.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.
91.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.
92.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.
93.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. Trash enclosures, patio covers, light standards,
94.
and any block walls will require separate approvals and permits. Solid covers are required over
new and existing trash enclosures.
95.Demolition. Demolition permits require separate approvals and permits.
96.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate
approvals and permits.
97.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.
98.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.
99.Protection of drains and penetration. Protection of joints and penetrations in fire
resistance-rated assemblies shall not be concealed from view until inspected for all designed
fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations
shall be installed by individuals with classification or certification covering the installation of
these systems. Provide certification for the installation of each area and certification of
compliance for Building Official's approval.
At Plan Review Submittal
100. 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)
101.
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.
102. 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)
103.
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
104. 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
105. 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. The upgrade of existing fire hydrants may
be required (CFC Appendix C and Temecula City Ordinance 15.16.020).
106. 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.
107. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel
or construction of all commercial and residential buildings per CFC Appendix B. The developer
shall provide for this project, a water system capable of delivering 2,500 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. The fire flow can be divided between
the on site private fire hydrant and one off site public hydrant.(CFC Appendix B and Temecula
City Ordinance 15.16.020).
Prior to Issuance of Grading Permit(s)
108. 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).
109.
Two Point Access. This development shall maintain two points of access, via all-weather
surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5).
110. 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).
111.
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).
Prior to Issuance of Building Permit(s)
112. 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. The underground plans will show the
underground pipe going into the building 6-inches above finished floor. Plans shall be signed by
a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and
conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic
calculations will be required with the underground submittal to ensure fire flow requirements are
being met for the on-site hydrants. The plans must be submitted and approved prior to building
permit being issued (CFC Chapter 33 and Chapter 5).
113.
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.
114. 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
115. 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 fire fighting personnel (CFC Chapter 5).
116. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective
markers (blue dots) (City Ordinance 15.16.020).
117. Knox Box. A “Knox-Box” shall be provided. The Knox-Box shall be installed a minimum of six
feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5).
118. ddressing. New buildings shall have approved address numbers, building numbers o
Ar
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).
119. 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).
120. Additional Submittals (Fire Above/Below Ground Tanks). The developer/applicant shall be
responsible for obtaining underground and/or aboveground tank permits for the storage of
combustible liquids, flammable liquids or any other hazardous materials from both the County
Health Department and Fire Prevention Bureau. These permits are separate from any building
permits or environmental health permits. (CFC Chapter 57 and City Ordinance 15.16.020).
dditional Submittals (Hazardous Materials). The applicant shall submit for review and
121. A
approval by the City Fire Department a Hazardous Material Inventory Statement and Fire
Department Technical Report. A full hazardous materials inventory report and color coded floor
plan is required for any building storing or using hazardous materials (CFC Chapters 1 and 50
through 67 and City Ordinance 15.16.020).
POLICE DEPARTMENT
General Requirements
122. 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.
123.
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.
124. Berm Height. Berms shall not exceed three feet in height.
125.
Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours
of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations.
126. 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.
127. 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.
128. Outdoor Lighting During Non-Business Hours. The applicant shall comply with the Governor’s
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.
129. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges,
and other miscellaneous hardware shall be commercial or institution grade.
130. 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.
131. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm
system installed and monitored 24 hours a day by a designated private alarm company to notify
the Temecula Police Department of any intrusion. All multi-tenant offices/suites/businesses
located within a specific building shall have their own alarm system. This condition is not
applicable if the business is opened 24/7.
132. Roof Hatches. All roof hatches shall be painted “International Orange.”
133. 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.
134. 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.
135. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with
Section 22511.8 of the California Vehicle Code.
Compliance with State Department of Alcoholic Beverage Control. Any business that serves
136.
or sells any type of alcoholic beverages will comply with all guidelines within the Business and
Profession Codes and all other guidelines associated with the State Department of Alcoholic
Beverage Control.
137. 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.
138. 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.
PC DRAFT RESOLUTION
PUBLIC CONVENIENCE OR NECESSITY
PC RESOLUTION NO. 18-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA17-1632, A FINDING OF PUBLIC
CONVENIENCE OR NECESSITY FOR THE OPERATION
OF A GAS STATION AND CONVENIENCE STORE UNDER
A TYPE 20 (OFF-SALE BEER AND WINE) ABC LICENSE
ON THE SOUTHWEST CORNER OF TEMECULA
PARKWAY AND PECHANGA PARKWAY (APN 961-440-
010, 961-440-016)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On November 16, 2017, Gregory Hann filed Planning Application Nos.
PA17-0318 a Development Plan and PA17-0317 a Conditional Use Permit to allow for
the construction of an approximately 5,796 square foot convenience store and
automotive service station with a 700 square foot second floor dwelling unit for the
proprietor of the business, and a Type 20 ABC license for off-sale beer and wine. On
November 16, 2017, Gregory Hann filed Planning Application No. PA17-1632 a Finding
of Pu, were
filed in a manner in accord with the City of Temecula General Plan and Development
Code.
B. The proposed project was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. On December 6, 2017, the proposed project was considered by the
Planning Commission at a duly noticed public hearing. At the conclusion of the hearing,
the Planning Commission voted to direct staff to prepare a resolution of denial. The
applicant subsequently revised the proposed project to address the Planning
D. The Planning Commission, at a regular meeting, considered the proposed
project and environmental review on March 21, 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. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA17-1632, subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
Finding of Public Convenience or Necessity, Development Code Section 17.10.020:
A. Whether or not the proposed use is consistent with the General Plan and
Development Code;
As proposed, the project would operate as a gas station with a convenience
store. The proposed use is consistent with the City of Temecula General Plan
which specifies that the Professional Office designation includes automotive
service stations selling beer and/or wine entire community. The sale of beer and
wine would serve as an incidental use to the establishment operations.
B. Whether or not the proposed use is compatible with the nature, condition
and character of adjacent land uses;
As conditioned, the proposed gas station with a convenience store is consistent
with the City of Temecula General Plan. The sale of beer and wine serves is an
incidental use to the project and is not anticipated to add additional impacts to
the project. Therefore, the use is compatible with the nature, condition and
development of adjacent uses, buildings and structures, and the proposed
conditional uses will not adversely affect the adjacent uses, buildings or
structures.
C. Whether or not the proposed use would have an adverse effect on
adjacent land uses;
The proposed use is compatible with the nature, condition and development of
adjacent uses, buildings and structures, and the proposed use will not adversely
affect the adjacent uses, buildings or structures. In addition, the site will remain
unaltered, and 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.
D. Whether or not the proposed use would result in an excessive number of
similar establishments in close proximity;
-
-sale licenses. Per ABC, two off-sale licenses are allowed
in this tract, and two currently exist. Therefore, a Finding of Public Convenience
or Necessity is required for the project to be the third establishment with an off-
sale ABC License. A license for project in the census tract for a Type 20 (off-sale
beer and wine) would not result in an excessive number of similar establishments
-
businesses in the census tract and the City of Temecula.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Public Convenience or Necessity:
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. 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 as the
project, as conditioned, is an allowed use per the City of Temecula General Plan.
Section 4. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA17-1632, subject to the Findings for Public
Convenience or Necessity with no conditions of approval.
PASSED, APPROVED AND ADOPTED
Section 5. by the City of Temecula
Planning Commission this 21st day of March, 2018.
Gary Youmans, Chairperson
ATTEST:
Luke Watson, Director of Community
Development
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
21st day of March, 2018, by the following vote:
AYES: PLANNING COMMISSIONERS:
NOES: PLANNING COMMISSIONERS:
ABSENT: PLANNING COMMISSIONERS:
ABSTAIN: PLANNING COMMISSIONERS:
Luke Watson, Director of
Community Development
Secretary
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: PA17-0317, PA17-0318, PA17-1632 Applicant: Gregory Hann
Proposal:A Conditional Use Permit, Development Plan, and Public Convenience or Necessity for
the construction of an approximately 5,796 square foot convenience store and automotive
service station with a 700 square foot second floor dwelling unit for the proprietor of the
business and a Type 20 ABC license for off-sale beer and wine located on the southwest
corner of Temecula Parkway and Pechanga Parkway
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: March 21, 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
Planning Commission Meeting. At that time, the packet may also be accessed on the City’s website –
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 material will be made available on the City’s website – 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.