City of Temecula, CA SUPPLEMENTAL DEVELOPMENT STANDARDS

Agricultural Uses.

Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation.

Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture.

Raising, grazing, breeding, boarding or training of large animals (cattle, horses and mules), small animals (burros, goats, pigs, ponies, and sheep), except concentrated lot feeding and commercial poultry and rabbit raising enterprises, are allowed on properties one-half net acre or larger in size. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6.

Apiaries or Beekeeping, Outdoor Aviary, and Poultry. Standards for the keeping of animals and animal related land uses is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6.

Conditional Use Permit Required. The following agricultural uses are permitted with a conditional use permit, except in the open space/conservation zone.

Wholesale Distributor and Processor of Nursery-Plant Stock. Retail nursery where incidental and contiguous to propagation of nursery stock and/or wholesale distributor. Outdoor storage and display are prohibited except for nursery-plant stock.

Animal Keeping. Requirements and standards for conditional use permits relating to animal keeping is located in Municipal Code Table 6.08.010 (Animal Keeping Standards) and Title 6.

Alcoholic Beverage Sales.

All businesses or establishments offering the sale of alcoholic beverages shall obtain and thereafter maintain the appropriate license from the state of California Department of Alcoholic Beverage Control. All businesses or establishments shall provide the ABC license, conditions of the license, and the site plan upon request of law enforcement or the city or, upon the request of the applicant after pre-compliance review.

Grocery stores, drug stores, specialty markets, and discount/department stores ("primary uses") may offer the incidental sale of alcoholic beverages as a permitted use, unless the initial establishment, or amendment thereof, of the primary use require a city of Temecula conditional use permit pursuant to another provision of this title.

All other businesses, establishments, or facilities offering the sale of alcoholic beverages, shall require a conditional use permit.

Restaurants shall operate under the following requirements:

Restaurants that are open to the public for business and engaged in the ancillary sale of alcoholic beverages shall provide restaurant services to the public during all hours that the establishment is open. Restaurant service shall include, but not be limited to, an offering and the ability to order a varied menu of foods of not less than five main courses with appropriate nonalcoholic beverages, desserts, salads, and other attendant dishes.

A conditional use permit is required for restaurants that plan on offering, selling, or serving beer, wine, and distilled spirits (typically a Type 47 California ABC license), unless otherwise regulated by a current specific plan. Restaurants offering beer, wine, and distilled spirits must cease alcohol sales one half hour prior to closing.

Restaurants are permitted to serve beer and wine (typically a Type 41 California ABC license) as a matter of right

Restaurants that desire to offer any form of entertainment, must obtain an entertainment license in accordance with Chapter 9.10.

Managers and staff shall obtain and maintain Responsible Beverage Service certifications (as required by the California Department of Alcoholic Beverage Control). The establishment shall maintain:

A current listing of all staff members that are certified to sell alcohol;

ii.

Responsible beverage service certification numbers and expiration dates for all staff members that are certified to sell alcohol.

If a conditional use permit is required for alcoholic beverage sales, a printed copy of the conditions of approval, including the approved floor plan, shall be stored on the premises in a readily accessible location and shall be made available upon request to the city or law enforcement or, upon the request of the applicant after pre-compliance review.

All restaurants shall make a copy of the approved ABC license, the associated conditions, and the approved site plan available immediately upon request to city staff or law enforcement or, upon the request of the applicant after pre-compliance review.

All security guards shall operate in accordance with Chapter 9.11 (Regulation of Private Security Operators).

For establishments with on-sale alcohol beverage sales that are not bona fide eating establishments, the "bar area" may ONLY be an ancillary use subject to the approval of a conditional use permit.

Businesses selling alcoholic beverages that require a conditional use permit shall not be located within six hundred feet of any religious or educational institution, day care center or public park.

This distance shall be measured between the main entrance of the alcohol selling business and the closest public entrance to the religious or educational institution, day care center or public park. This requirement shall not apply when the alcohol-selling business and the religious or educational institution are both located within commercial or industrial zones. This separation requirement shall also not apply to restaurants (bona fide eating establishments).

Convenience Markets and Beer/Wine Markets.

Only beer and wine may be sold, and only for off-site consumption. This is the equivalent to an ABC Type 20 license type. Distilled spirits and pre-mixed spirit cocktails are prohibited from being sold, gifted or consumed on-site.

No displays of beer or wine shall be located within ten linear feet from any building entrance or check-out counter. This prohibition shall not apply if the display is not physically accessible to customers.

A security plan, including, but not limited to: product location, cameras and similar monitoring system, aisle configuration, point of sales location(s), exterior and parking lighting, measures to prevent and discourage loitering and other reasonable factors shall be submitted to the chief of police and be approved or conditionally approved prior to public display or sales of beer or wine.

The failure to comply with any of these conditions may result in the revocation of the conditional use permit pursuant to Section 17.04.010 of this title.

Legal Nonconforming Liquor Stores. Existing liquor stores are, upon the effective date of the ordinance codified in this chapter, deemed legal nonconforming uses.

Finding of Public Convenience or Necessity.

Whether or not the proposed use is consistent with the general plan and development code;

Whether or not the proposed use is compatible with the nature, condition and character of adjacent land uses;

Whether or not the proposed use would have an adverse effect on adjacent land uses;

Whether or not the proposed use would result in an excessive number of similar establishments in close proximity.

10.

Gas Stations—Concurrent Sale of Motor Vehicle Fuel and Alcoholic Beverages.

To comply with the provisions of the Business and Professions Code (Section 23790 et seq.), applications for automotive service stations proposing the concurrent sale of beer and wine from the same structure shall be required to comply with the same procedure for noticing and conducting the public hearing that is utilized for all other conditional use permits pursuant to the provisions of Section 17.04.010 of the Temecula Municipal Code. The decision and findings must be based on substantial evidence in view of the whole record to justify the ultimate decision and shall be based on written findings. The denial of an application for a CUP is subject to appeal to the city council in accordance with the provisions of Section 17.03.090 of the Temecula Municipal Code.

In addition to any other operational standards deemed necessary and appropriate, the following supplemental standards shall be applied to the concurrent sale of beer and wine products at a facility that also offers motor vehicle fuel:

No beer or wine shall be displayed within five feet of the cash register or building entrance.

ii.

No sale of alcoholic beverages shall be made from a drive-up window.

iii.

No display or sale of beer or wine shall be made from an ice tub or similar device or unit.

iv.

No beer or wine advertising shall be located on motor fuel islands.

No beer or wine advertising shall be located on the building, windows, doors, or on freestanding signage.

vi.

No self-illuminated advertising for beer or wine shall be located on buildings or freestanding signage.

vii.

Only employees on duty between the hours of ten p.m. and two a.m. who are at least twenty-one years of age may sell alcoholic beverages.

viii.

Distilled spirits and pre-mixed spirit cocktails are prohibited.

11.

Alcoholic Beverage Manufacturing.

Businesses manufacturing alcoholic beverages, which have a tasting room, but do not have a bona fide eating establishment (as defined by the California Department of Alcoholic Beverage Control) in conjunction with the manufacturing business, shall have the appropriate license from the California Department of Alcoholic Beverage Control and shall be operated according to all applicable state and local health and safety requirements and regulations.

All businesses manufacturing alcoholic beverages shall comply with all land use regulations and site development standards of the zoning district in which they are located.

All businesses manufacturing alcoholic beverages shall obtain a business license with the city as set forth in Title 5 of the Temecula Municipal Code.

Prior to an employee selling or serving alcohol, the alcohol licensee or employer shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D) training from the California Department of Alcoholic Beverage Control or similar training if available from the Temecula police department.

An eight and one-half-inch by eleven-inch (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building.

The dispensing of alcohol may occur between the hours of 10:00 a.m. and 10:00 p.m., unless otherwise specified as part of a temporary use permit.

On-site alcohol sales shall be limited to product manufactured on-site.

There shall be no admission fee, cover charge, nor minimum purchase required.

The retail area, including the tasting room, shall not exceed fifteen percent of the total floor area of the business. The retail area shall not include the area where typical alcoholic beverage manufacturing functions occur.

In addition to the retail area (tasting room), an outdoor patio area may be allowed, but may not exceed fifty percent of the total allowable retail area.

The outdoor patio area must be secured, consistent with California Department of Alcoholic Beverage Control requirements.

Signs shall be posted inside the building near the exit door of the tasting room and exit door of the outdoor seating area stating: "No alcohol allowed past this point."

All alcoholic beverage manufacturing equipment and storage activities shall be located within a completely enclosed building within the service commercial (SC) zoning district.

An alcoholic beverage manufacturing facility shall meet the off-street parking requirements as set forth in Chapter 17.24 of the Temecula Municipal Code. For the purposes of calculating parking, the brewing areas shall be considered manufacturing, the cold and warm storage areas shall be considered warehousing, office space shall be considered office, and the tasting room and outdoor patio shall be considered retail.

The display of alcoholic beverages shall not be located outside of a building or within five feet of any public entrance to the building.

There shall be no live entertainment, DJs, or amplified sound on the alcoholic beverage manufacturer's licensed premises at any time without issuance of a conditional use permit or temporary use permit.

The number of persons shall not exceed the maximum occupancy load as determined by the Temecula fire department. Signs indicating the occupant load shall be posted in a conspicuous place on an approved sign near the main exit from the room.

The real property upon which an alcoholic beverage manufacturing use is operated shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty-eight hours from the time of occurrence.

Parking lots, driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings that contain an alcoholic beverage manufacturing use shall be illuminated and make clearly visible the presence of any person on or about the alcoholic beverage manufacturer's licensed premises during the hours of darkness as set forth in Sections 17.08.070 and 17.24.050 of the Temecula Municipal Code.

A security plan in a form satisfactory to the Temecula police department shall be submitted to and approved by the Temecula police department. The security plan shall be formulated to deter loitering, unlawful conduct of employees and patrons, to promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbances to surrounding uses and the neighborhood by excessive noise created by patrons entering or leaving the alcoholic beverage manufacturer's licensed premises.

Arcades. Arcades shall be approved subject to the approval of a conditional use permit by the planning commission.

Applications for an arcade shall include the following:

Three sets of typed gummed labels, listing the name and address of all businesses within a shopping center and all landowners within a three-hundred-foot radius of the shopping center or arcade.

A description of the types of machines, a floor plan and hours of operation.

The planning commission may apply any condition deemed necessary. These conditions may address, but are not limited to, the following:

Need for adult supervision;

Hours of operation;

Inside and outside security measures;

Noise attenuation;

Bicycle facilities; and

Interior waiting areas.

Automobile, Motorcycle and Truck Dealership Landscape Standards.

Landscape Standards. The following standards shall be applied to all new automobile, motorcycle and truck dealerships or substantial alterations to existing automobile, motorcycle and truck dealerships:

Display Areas. A minimum five-foot wide landscape island shall be required at the end of all display area lanes adjacent to the main entry drive lane. A one-foot strip, made of concrete or other materials acceptable to the community development director, shall be located next to the curb immediately adjacent to the end display parking space. Such landscape islands shall have a mixture of trees, shrubs and groundcover and shall have automatic irrigation system consistent with the city's adopted Water Efficient Landscape Design Ordinance.

Street Frontages. All portions of the property which have street frontage shall meet one of the following criteria:

A minimum of twelve feet of landscaping shall be provided, measured from the rear of the sidewalk to the display area length and shall be surrounded by drought tolerant, low growing shrubs, groundcover; or

ii.

A minimum of twenty feet of landscaping shall be provided, measured from the rear of the sidewalk to the display area, with display area allowed to encroach into eight feet of the landscape area.

(A)

Display areas shall be of pervious hardscape, a maximum of twenty feet in length and shall be surrounded by drought tolerant, low growing shrubs and groundcover.

(B)

The number of display areas allowed shall be calculated in the following manner: three display spaces per one hundred linear feet of street frontage. Fractional spaces (0.5 and over) shall be rounded up.

(C)

No display area shall be located immediately adjacent to another display area. Landscaping shall be provided between display areas.

Development adjacent to existing and proposed residential uses. All portions of the property which abut an existing or proposed residential use shall have a minimum ten-foot wide landscape buffer.

All other portions of the property which do not abut a street or existing or proposed residential uses shall have a minimum five-foot wide landscape buffer.

All customer parking on the site shall be clearly identified, either through special paint (i.e., curb painting) or signage and shall be subject to the landscape requirements contained in Section 17.24.050(H) of the development code.

Service bays shall not be visible from a public street and shall be adequately screened from adjacent residential uses.

Inventory and vehicle-in-repair storage areas on the site shall be clearly identified and will not need to be internally landscaped. If they are located on the perimeter or adjacent to residential development or sensitive areas they shall be screened in the manner discussed above.

Used Motor Vehicle Sales (Without the Sales of New Motor Vehicles).

The minimum lot width of any site supporting a used motor vehicle sales business shall be one hundred feet.

The minimum lot area shall be ten thousand square feet.

Buffer walls and landscaping shall be as provided as required for the zoning district in which the use is located.

A building containing not less than two hundred square feet shall be maintained on the lot supporting the business. The building shall be a permanent structure; modular or portable buildings, or mobilehomes are not permitted.

Bed and Breakfast Establishments (B&Bs). Bed and breakfast establishments shall be developed in the following manner:

The facility shall comply with all land use regulations and site development standards of the zoning district in which it is located.

The use shall be incidental to the primary use of the residential structure to ensure compatibility with adjacent residential uses.

Owner/lessee shall reside in the primary residence and operate the business.

The exterior appearance of the structure shall have a residential/single-family character.

Service of meals shall be for registered guests only.

There shall be no separate/additional kitchens for the guests.

No guest shall stay more than fourteen consecutive days in any thirty-day period.

All B&Bs shall be subject to the city's hotel/motel room tax.

B&Bs shall meet all of the requirements of the city fire department and county health department.

10.

The B&B shall be developed on a site that has a minimum lot size of sixty thousand square feet.

11.

No receptions, private parties or similar activities, for which a fee is paid shall be permitted.

Car Washes. A conditional use permit shall be required for all full-service or self-service car washes within the commercial districts. Car washes shall comply with the following criteria:

Such businesses shall be located at least two hundred feet from any residentially zoned district property line. That distance shall be measured in a straight line regardless of physical encumbrances, and shall be inclusive of all:

Vacuum equipment;

Vehicle dryer or blower units;

Air compressors and hydraulic, electric, or pneumatic motors;

Parking areas; and

Drive or queuing isles.

Wash bays and vacuum areas shall be screened from public view.

Regular monitoring of the facility by an attendant shall be provided during business hours to control noise, litter, and other nuisances.

Hours of operation shall be limited to seven a.m. to ten p.m., unless otherwise specifically established as a condition of approval. Automatic shut-off of water and electrical systems, except for security and fire protection, shall be provided during non-business hours.

Entertainment Establishments.

Noise levels shall not exceed the standards set forth in the noise element of the general plan or the standards set forth in Section 9.20.040.

Entertainment establishments shall abide by Chapter 9.10 (Entertainment License).

The city may apply additional requirements or limitations depending on the location, surrounding uses and other considerations.

Modular Buildings and Structures. Modular buildings may be allowed in some circumstances as described in this section if they comply with the following requirements:

Accessory Structure. Modular buildings may be approved as accessory structures to a larger permanent building. The accessory buildings or structures shall be smaller in size than the main permanent building. Accessory structures can be allowed, subject to the approval of a development plan, for the following uses or activities:

Religious institutions in all zones, except the open space and conservation zone;

Industrial uses in the business park, light industrial, and service commercial zones.

Temporary Structures. Modular buildings may be approved as a temporary structures for non-profit community based organizations and religious institutions in all zones, except the open space and conservation zone. The temporary structure may be approved subject to the following requirements:

The approval of a development plan or conditional use permit (as appropriate) for the permanent facilities;

The site shall be fully landscaped in conformance with the approved landscape plan;

The term of the temporary approval shall not exceed five years. Additional extensions up to five years in length may be approved if, at the city's sole discretion, the temporary structure and landscaping have been properly maintained and if the local circumstances have not changed to make the temporary structure inappropriate;

A removal bond shall be provided to ensure the removal of the temporary structure.

Building Design and Screening. All modular units shall comply with the following standards to soften the appearance of the structures.

If the modular is not visible from a street or a public gathering place, the modular structure shall provide at least minimal design compatibility with the surrounding area. Examples of minimal design compatibility include the use of exterior trim elements, similar colors, and other features to soften the modular appearance of the structure.

Modular buildings that are potentially visible from the public street shall have architectural detailing similar to permanent structures. Examples include: accentuated entrances, pop-out features, windows, integrated with the minimal design compatibility components described above. Supplemental landscaping, to further screening the structure may also be required.

All accessory modular units shall be screened from the public streets and gathering spaces in such a way as to be unnoticeable. This screening may include a combination of the following: permanent buildings or structures, screening walls, and landscaping.

Notwithstanding these requirements, all other landscape and site layout criteria required by the development code and design guidelines shall also apply to modular buildings.

Outdoor Sales of Merchandise. All businesses shall be conducted complete within an enclosed building. The following outdoor sales and commercial activities may be permitted to operate outdoors, within their respective districts and subject to any required reviews and permits. The outdoor display of merchandise accessory to an on-site business is addressed in subsection K.

Automobile, boat, trailer, camper, and motorcycle sales and rentals (subject to a conditional use permit);

Building material, supplies and equipment rental and sales (subject to a conditional use permit);

Fruit and vegetable stands (required temporary use permit);

Horticultural nurseries (subject to a conditional use permit);

Gasoline pumps, oil racks and accessory items when located on pump islands;

Outdoor recreation uses;

Parking lot and sidewalk sales (subject to temporary use permit and regulations set forth in this chapter); and

Other activities and uses similar to those above as determined by the director of planning.

Outdoor Display of Merchandise Accessory to Current On-site Business. Any outdoor display done in conjunction with the business being conducted within the building may be permitted without a temporary use permit, provided that the display complies with the following regulations:

The items being displayed shall be of the same type that are lawfully displayed and sold inside the building on the premises.

The aggregate display area shall not exceed twenty-five percent of the linear frontage of the store front or ten linear feet, whichever is greater.

Items shall not project more than four feet from the store front.

No item, or any portion thereof, shall be displayed on public property; provided, however, items may be displayed within the public right-of-way if an encroachment permit has first been procured from the city.

Items shall be displayed only during the hours that the business conducted inside the building on the premises is open for business.

No item shall be displayed in a manner that: causes a safety hazard; obstructs the entrance to any building; interferes with, or impedes the flow of pedestrian or vehicle traffic; is unsightly or creams any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety or welfare or causes a public nuisance.

Permanent Indoor Swap Meet Facilities.

Indoor swap meets shall be established only in buildings containing five thousand square feet or more of gross floor area.

City business licenses and state seller permits shall be obtained by every tenant operating a stall space.

No more than one business license shall be granted per one hundred fifty square feet of building floor area.

The minimum average square footage of a partitioned cubicle or stall space (booth) shall be one hundred fifty square feet. The minimum size for an individual stall shall be one hundred square feet, and no more than twenty-five stall spaces shall be permitted to contain one hundred square feet.

No adult business, as defined in the Temecula Municipal Code shall be permitted.

No loudspeakers or sound equipment which can be heard from exterior or semipublic areas shall be used on the premises.

Each stall space shall be partitioned with partition walls at a height of not less than five feet, six inches. Scissor-type gating shall not be used to separate vendors or vending areas.

All floor areas of indoor tenant spaces, shall be covered with a high-grade tile or carpeting.

Aisles shall have a minimum width of seven feet.

10.

Security personnel shall be provided during hours of operation.

Senior Housing/Congregate Care Facilities. Senior housing and congregate care facilities are permitted in the zoning districts identified in the land use tables, subject to the approval of a development plan. Senior housing and congregate care facilities shall comply with the following:

Senior housing shall comply with all the provisions of the development code, unless modified by the following provisions:

The maximum densities for senior housing are as follows:

In the high density residential zoning district and the community commercial, highway tourism, service commercial, public/institutional district, and professional office zoning districts, the maximum density shall be thirty units per acre.

ii.

In the medium density residential zoning district and the neighborhood commercial zoning district, the maximum density shall be twenty units per acre.

iii.

In the low medium residential zoning district, the maximum density shall be eight units per acre.

The net livable area for each dwelling unit shall not be less than four hundred square feet for an efficiency unit, five hundred fifty square feet for a one-bedroom unit, and seven hundred square feet for a two-bedroom unit. Kitchenettes may be permitted, provided they are sized to meet the immediate needs of the occupants of the unit.

Senior housing shall comply with the requirements for senior housing developments set forth in Civil Code Section 51.3 et seq.

Congregate care projects shall comply with all the provisions of the development code unless modified by the following provisions:

The maximum densities for congregate care facilities are not limited specifically to density requirements so long as all the site development standards are met (i.e., required setbacks, parking, landscaping, open space, etc.).

The disabled units shall comply with the standards set forth in Title 24 of the California Code of Regulations.

The provisions of this subsection shall apply to all approved specific plans within the city of Temecula, unless the specific plan contains specific standards for the type of housing being considered.

Self-Storage or Mini-Warehouse Facilities.

Development Standards. The following standards shall be applied to all new self-storage or miniwarehouse facilities:

The design of the facility shall be compatible with the surrounding area in terms of design, bulk and mass, materials and colors. Building exteriors shall not be corrugated metal or similar surface, but shall be of finished quality. Metal containers are prohibited;

In commercial zoning districts the rear and side yard setbacks shall be a minimum of ten feet. In industrial zoning districts no rear or side yard setbacks are required. The director of planning may increase the setbacks to a maximum of twenty-five feet when adjacent to an existing residential development project. The front yard setback shall maintain the setback for the underlying zoning classification;

The maximum lot coverage and floor area ratio (FAR) shall be sixty-five percent;

The development site shall provide a minimum of ten percent landscaped open space for a project within commercial districts. In industrial districts, the total landscaping shall be equal to the required setback areas. No interior landscaping is required, but the setback areas shall be landscaped;

A manager's residential unit may be provided, but is not required;

Required parking spaces may not be rented as, or used for, vehicular storage. However, additional parking area may be provided for vehicles, boats, buses, trailers, etc., provided that the storage area is adequately screened from public view with enhanced landscaping, decorative walls, fences, or other methods as deemed appropriate by the director.

Performance and Use Regulations.

Any business activity, other than rental of storage units, including the on-site sale of merchandise or garage sales, and transfer/storage businesses which utilize vehicles as part of the business is prohibited. No servicing or repair of motor vehicles, boats, trailers, lawn mowers, or any similar equipment is permitted.

Storage units shall not be used for the storage of flammable liquids, highly combustible or explosive materials, or hazardous chemicals.

Truck or vehicle rental is prohibited without obtaining all necessary approvals subject to the development code schedule of permitted uses.

Drive-Thru Facilities. Commercial uses including restaurants, financial institutions or other business providing drive-thru facilities shall be subject to the following requirements:

All drive-thru facilities shall require the approval of a conditional use permit;

Pedestrian walkways should not intersect the drive-thru aisles. If pedestrian walkways do cross the drive aisles, they shall be clearly marked with paving or striping;

Drive-thru aisle shall have a minimum width of eleven feet on the straight sections and twelve feet on curved portions;

For fast food restaurants, the drive-thru aisles shall have a sufficient stacking area behind the menu board to accommodate six cars;

The speakers shall be located so as to protect adjoining residential areas from excessive noise.

Private Heliports.

Conditional Use Permit Required. A conditional use permit approved by the planning commission shall be required for all private heliports. All conditional use permits for heliports shall comply with the requirements of Section 17.04.010 of this code.

Siting and Design Criteria. All private heliports shall comply with the following requirements:

Heliports shall not be located within one thousand feet (measured from structure to structure) of an existing or designated public or private primary, secondary or high school;

Heliports shall not be located within one thousand feet of an existing or proposed public park (measured property line to property line);

Heliports shall not be located within one thousand feet (measured structure to structure) of an existing or future assembly facility having five hundred persons or more seating capacity. Private heliports associated with hospitals shall be exempt from this requirement;

The touchdown liftoff area shall not be located within any required yard area and in no circumstance shall it be located within ten feet from all property lines. In addition, a minimum one hundred foot setback shall be achieved from adjacent residentially zoned properties;

Ground heliports may be required to be surrounded by a fence or wall at least four feet high and constructed in such a manner as to deflect the horizontal wind velocities caused by the rotation of the rotor blades, providing all FAR Part 77 imaginary surfaces and the surface area remain obstruction free;

The touchdown liftoff area shall be surfaced with material that will be free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter;

Any lighting used for nighttime operations shall be directed away from adjacent residences.

Requirements for Rooftop Heliports. Rooftop heliport facilities shall also comply with the following standards:

No roof openings shall be permitted within twenty-five feet of the touchdown liftoff area;

Rooftop exits shall not be located within twenty-five feet of the touchdown liftoff area;

Rooftop heliport facilities shall be constructed in accordance with the city building and fire code requirements in addition to applicable state and federal heliport design standards and regulations.

Required Finding. A conditional use permit may be approved only, if the following finding is made:

The heliport is in compliance with the requirements described in subsections (P)(2) and (P)(3) of this section.

Operational Requirements.

Hours of flight operation shall be determined on a project specific basis.

The touchdown liftoff area shall remain free of dust, loose organic or inorganic material and particles that may be blown about by the helicopter.

Enforcement Review. Upon receiving a public complaint regarding heliport operations, a biennial monitoring report shall be submitted by the applicant. The monitoring report shall be submitted within forty-five days from the date the complaint was submitted. The report shall include data on the types of helicopters using the facility, hours of operation, performance standards, number of monthly flights and any other necessary data. All enforcement reports shall be submitted to the planning commission for review. The modification or revocation of the conditional use permit shall comply with the provisions of Section 17.04.010(I) of this code.

Density Bonus Law.

In addition to any other review required for a proposed housing development, applications for a density bonus shall be filed with the planning director on a form approved by the director. The application shall be filed concurrently with an application for a development plan review or administrative approval. At the time the application is submitted, the applicant shall pay a density bonus application fee, established by resolution of the city council.

City staff shall process the application for a density bonus in the same manner as, and concurrently with, the application for a development plan review or administrative approval that is required by this code.

The applicant shall submit reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios.

For a housing development qualifying pursuant to the requirements of Government Code Section 65915, the city shall grant a density bonus in an amount specified by Government Code Section 65915. Except as otherwise required by Government Code Section 65915, the density bonus units shall not be included when calculating the total number of housing units that qualifies the housing development for a density bonus. Except as otherwise required by Government Code Section 65915, the amount of the density bonus shall not exceed 35 percent.

For the purpose of calculating the density bonus, the "maximum allowable residential density" shall be the maximum density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the project. Where the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the maximum density allowed in the general plan shall prevail.

The city shall grant the applicant the number of incentives and concessions required by Government Code Section 65915. The city shall grant the specific concession(s) or incentive(s) requested by the applicant, unless it makes any of the relevant written findings stated in Government Code Section 65915(d). Senior citizen housing developments that qualify for a density bonus shall not receive any incentives or concessions, unless Government Code Section 65915 is amended to specifically require that local agencies grant incentives or concessions for senior citizen housing developments.

Except as restricted by Government Code Section 65915, the applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development incorporating the density bonus and any incentives or concessions granted to the applicant. A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted. The city shall approve a waiver or reduction of a development standard, unless it finds that:

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

The waiver or reduction of the development standard would be contrary to state or federal law.

The applicant may request, and the city shall grant, a reduction in parking requirements in accordance with Government Code Section 65915(p), as that section may be amended from time to time.

The applicant shall comply with all requirements stated in Government Code Section 65915.

10.

The applicant shall enter into an agreement with the city to ensure the continued affordability of all affordable units or the continued reservation of such units for qualifying senior citizens. Prior to receiving a building permit for any project that receives a density bonus or any incentive, concession, waiver, or reduction of development standards pursuant to this section, such agreement shall be recorded as a covenant against the property.

11.

For any development project that is granted a density bonus or other benefit pursuant to this section, the affordable units that qualify the project as eligible for a density bonus, must be constructed concurrently with or prior to the construction of any market rate units. In addition, the affordable units must be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

12.

An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915.

13.

The provisions of this subdivision shall be interpreted to fulfill the requirements of Government Code Section 65915. Any changes to that Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

Emergency Shelters. Emergency shelters shall be allowed in accordance with the land use table for the specific zone and provided that the following development standards are met:

The minimum floor area per occupant shall be at least one hundred fifty square feet and the maximum number of occupants to be served at any given time shall not exceed fifty.

A minimum distance of three hundred feet shall be maintained from any other emergency shelter.

The maximum stay per occupant at the facility shall not exceed ninety days in a three hundred sixty-five day period.

On-site client waiting and intake areas shall be located inside the building and shall be screened from public and private property where feasible. If not feasible, an exterior waiting area shall be provided that: (a) contains a minimum of ten square feet per bed provided at the facility; (b) is in a location not adjacent to the public right-of-way; and (c) is visibly separated from public view by a minimum six foot tall visual screening.

A minimum of one employee per fifteen beds shall be on duty and remain on site during operational hours whenever clients are on the site. Licensed security personnel shall also be provided during operational hours whenever clients are on the site and when people are waiting outside the facility. The licensed security personnel shall be in addition to the minimum employee requirement set forth above.

Exterior lighting shall be provided for the entire outdoor area of the site, and shall be stationary, shielded, and directed away from adjacent properties and public rights-of-way. Lighting should be provided at a minimum illumination of one footcandle across parking areas and two footcandles at entrances.

A minimum of one parking space for every ten beds, plus one-half parking space for each bedroom designated for families with children, plus one parking space for each employee/volunteer on duty, shall be maintained. The number of parking spaces may be reduced by twenty-five percent if the shelter is located within one thousand feet of a public transit stop. Bicycle rack parking shall also be provided at the facility. Notwithstanding the foregoing, these standards shall not apply if they require more parking for emergency shelters than other residential or commercial uses in the same zone.

The facility may provide the following services and facilities to clients in a designated area separate from the sleeping areas:

A recreation area either inside or outside the shelter. If located outside, the area shall be screened from public view with landscaping.

A counseling center for job placement, educational, healthcare, legal, or mental health services.

Laundry facilities to serve the occupants at the shelter.

A kitchen for the preparation of meals.

A dining hall.

Client storage areas (i.e., for the overnight storage of bicycles and personal items).

The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and determination of compliance with the city's development standards for the use.

10.

A management plan shall be submitted to be reviewed, approved, and enforced by the director of community development. The management plan shall be approved before issuance of a building permit (including those building permits solely utilized for occupancy only). The management plan shall be comprehensive and shall address, at a minimum, hours of operation, eligibility requirements, admission hours and process, staff training, case management, neighborhood outreach and privacy, resident counseling and treatment, maintenance plans, residency and guest rules and procedures including rules pertaining to drugs, alcohol, tobacco, weapons and fraternization, staffing and volunteer needs, including job descriptions, procedures related to families with children, policies related to personal effects, disciplinary procedures, safety policy, grievance procedures, and emergency preparedness plan.

Trash Enclosures. Trash enclosures shall be designed in a manner that incorporates the following requirements:

Trash enclosures shall be designed in a size, manner, and location that is approved by the city's trash purveyor and the city.

Trash enclosures shall be designed in accordance with the city's most recent design standards.

Trash enclosures shall incorporate architectural design features from the surrounding architecture, including finishes, roofing, and colors.

Trash enclosures shall incorporate a solid (non-permeable) roof and working interior illumination (a minimum of one foot candle throughout the interior).

Trash enclosures shall have working locking mechanisms on all access gates, including pedestrian access gates, that shall remain locked and accessible only to authorized users (residents, commercial tenants, etc.) during times when pick-up service is not scheduled.

Trash enclosures shall have anti-dumping design features incorporated into the design of the trash enclosure, which prevent: (a) the transfer of materials over or around the trash enclosure; and (b) the unauthorized entry into any portion of the trash enclosure or unauthorized dumping. Anti-dumping features must be designed in complimentary design manner to the existing or proposed building, and shall not include chain link fence, razor wire, or barbed wire.

When required by the public works department, the trash enclosures shall have a drain that is tied into the sewer purveyor and designed to the sewer purveyor's standards.

When required by the public works department, trash enclosures shall have a functioning hose bib located within the interior of the trash enclosure to keep the trash enclosure free of potential pollutants. The hose bib shall have a detachable key and/or locking mechanism. The hose bib shall be designed in a manner where the hose bib is protected from damage occurring from normal operations by location or another physical barrier.

Upgrades to existing trash enclosures may be required as determined by the public works director, based upon the scope of tenant improvements to an existing building, building additions or other similar modifications. Tenant improvements at restaurants, automobile repair facilities, and other uses with a higher likelihood of pollutants will require upgrades to the existing trash enclosures.

Parking Garages. All parking garages shall be designed in a manner that incorporates the following requirements:

Elevators.

Elevators should be oriented to adjacent streets, when possible.

Elevators shall have glass backs and be glass enclosed with a minimum of seventy-five percent visibility.

When it is impossible for glass backed elevator or glass enclosed elevator, an active video surveillance system shall be required within the elevator and adjacent to elevator entrances.

Stairwells.

Stairwells shall provide internal and external visibility, with a minimum of seventy-five percent transparency.

Stairwells should be oriented to adjacent streets, when possible.

Stairwell walls shall be made of glass and/or have exterior openings where the stairwell is open and visible to the exterior

Stairwell door use should be minimized; but when utilized, one-third of the door must be made of clear durable glass to encourage transparency and safety.

Sample Image of Glass Enclosed Elevator and Open Stairwell

Security Fencing. Security fencing shall be installed below stairwells to eliminate unauthorized access. Fencing shall be compatible with the design of the parking structure; no chain link fencing of any kind is permitted.

Safety. Emergency call boxes shall be conspicuously dispersed throughout parking garages, with a minimum of one call box on each level. Additional call boxes may be required at the discretion of the chief of police or director of community development.

Minimum Floor Heights. The minimum height from the floor to the lowest ceiling structure, support beam, or overhead fixture, such as a conduit, pipeline, signage, lighting, or any other obstruction mounted on the ceiling shall be eight feet two inches in height.

Interior Treatment. The interior treatment of a parking structure shall be of a light color. The treatment shall include a coordinated interior sign program designed to identify parking levels and locate stairwells, elevators, phones, exits and other interior features.

Mirrors for Sight Distance. Blind corners shall be provided with viewing mirrors maintained in a position and condition to provide adequate sight distance.

Integral Design. Parking structures should be designed as an integral component of the coordinated site plan and architectural theme. Rooftop solar arrays and green roof technologies are encouraged.

Signage. A well-designed graphics and signage system will effectively communicate necessary information to patrons, reduce confusion, improve safety, and enhance the overall user experience.

Vehicular Signs. Examples of vehicular signs include "Park" and "Exit" directional signs. Vehicular signs are ten or twelve inches in height with six or seven inch letters. Ten-inch signs are recommended for precast structures where sign visibility can be a problem. Vehicular signs should be centered over the drive lane or centered over the drive aisle when signs are mounted back-to-back.

Pedestrian Signs. Examples of pedestrian signs include "Level #," "Remember Level #," "Row #," and "Stair" and "Elevator" identification and directional signs. Pedestrian signs shall be light in color, easy to read in day and night settings, and contain a number or memorable icon/character for easy pedestrian wayfinding. Pedestrian signs shall be clearly distinguishable from vehicle signs so as not to interfere with vehicular traffic. Pedestrian signs in parking bays shall be located perpendicular to traffic flow, and placed at the rear of parking stalls. Color-coding shall be used to help patrons find their vehicles. The elevator cour area shall include super graphics which are graphics that cover a large area and are generally painted on a vertical surface, such as painted walls or elevator doors, with level designation incorporated.

No off-site signage is permitted.

10.

Bicycle Parking/Storage. Bicycle parking shall be provided in quantities required in accordance with Temecula Municipal Code Section 17.24.040(F)(2), Minimum bicycle parking requirements. All bicycle facilities are required to be located exclusively on the ground level.

11.

Pedestrian access points and pathways shall be located to avoid pedestrian/vehicle conflicts.

12.

Parking structures that propose to charge a fee or propose gates/entry control devices for parking shall provide a stacking analysis to demonstrate such activities will not impact the flow of traffic surrounding the parking structure.

13.

Parking structures that exceed one hundred parking spaces, or greater than two stories, to include below grade parking, shall be required to provide a parking analysis or "counting" system to indicate total number of spaces and total number of unoccupied spaces on the entrance(s) of the parking structure.

14.

Stall Width. When the side of any parking stall abuts a building, fence, wall, support column or other obstruction which would interfere in any way with access to a motor vehicle, the width of the stall shall be increased to at least eleven feet.

15.

Lighting.

Parking Structure Lighting Standards
Area	Minimum Horizontal Illuminance on Floor (Footcandles)	Minimum Vertical Illuminance at 5 Feet (Footcandles)	Maximum to Minimum Uniformity Ratio
Parking and Pedestrian Areas	2	1	10:1
Stairwells	2	1	10:1
Ramps and Corners—Day	1	0.5	10:1
Ramps and Corners—Night	1.0	1.0	10:1
Entrance Areas—Day	50	25	10:1
Entrance Areas—Night	1	0.5	10:1

Storage Containers.

Purpose and Intent. The intent of this section is to provide for the limited temporary use of storage containers for residential, commercial/office/industrial, Planned Development Overlay (PDO) and Specific Plan zoned properties.

Definition. For the purposes of this chapter, storage container shall mean any sturdy container greater than one hundred twenty square feet with strength suitable to withstand shipment, storage, and handling with or without utility connection(s). Any device or container that meets this definition shall be considered a storage container, regardless of its nomenclature, construction material, type of container, design, original purpose or new/repurposed use.

All Residential and Open Space Zoning Districts. Storage containers are not a permitted use or accessory use in any residential or open space zoning district throughout the city and therefore shall not be permitted.

Exemptions.

Temporary placement to support the construction of a new primary residence with a valid building permit.

(A)

Required to obtain a Temporary Use Permit (TUP) in accordance with Chapter 17.04.020 and subject to the requirements of this section of the Temecula Municipal Code.

(B)

Limited for use as storage only, no habitation is permitted.

(C)

Limited to the duration of construction or date specified in the TUP, whichever is less.

(D)

Shall be removed from the site prior to final inspection of the new primary residence.

ii.

A storage container for the purpose of moving, storing, transporting personal property for the purposes of moving residences or placing items in long term storage can be placed on the private driveway of any residence for a time not to exceed seven days without a TUP.

(A)

Placement of storage containers in the public right-of-way shall not be permitted without an encroachment permit as specified in Chapter 18.12 of this code.

Commercial, Business Park, Professional Office and Industrial Districts. Storage containers may be permitted through a Temporary Use Permit (TUP) for a limited duration subject to the requirements of Chapter 17.04.020 and this section of the Temecula Municipal Code.

Storage containers shall be placed in loading or service areas only and shall not be visible from the public right-of-way.

Storage containers shall not be located in any landscaped area.

Storage containers shall not be placed in any parking stalls without a parking analysis demonstrating compliance with Chapter 17.24 of this code, to the satisfaction of the director of community development.

Storage containers shall not have any signage or advertising.

Utility connection(s) shall require a building permit.

Containers may be required to be painted to match the existing building, at the discretion of the director of community development.

Containers must be maintained free of graffiti, vandalism, rust, circumstances that may arise from a lack of maintenance.

Any three violations during the effective period of the TUP shall be cause for the revocation of the TUP.

Where a zoning district addresses storage, those standards shall apply to the extent they are inconsistent with the provisions of this section.

Mixed-Use Zoning Districts.

Storage containers may be approved through a TUP as a temporary accessory use for commercial land uses located on the first floor in zoning districts that permits mixed use development and shall comply with Section 17.10.020(U)(4) of this chapter.

Storage containers are not a permitted accessory use for residential land uses in zoning districts that permit mixed use development, without exemption.

Specific Plan Districts.

Where a specific plan addresses the accessory use of storage containers, those standards shall be applicable to all properties subject to its requirements.

Where a specific plan does not address the accessory use of storage containers, the standards in this section shall apply.

The director of community development shall have the sole discretion to determine which standards shall apply when there is ambiguity in the municipal code or specific plan related to zoning districts.

Ancillary Use Only. Storage containers shall only be allowed as a temporary ancillary use for property with a completed development plan or on a property with all active and valid building permits for the construction of new buildings.

Time Duration. Placement of storage containers shall be set by the TUP and in no case shall a storage container be placed or installed on the site for longer than one year. Relocation or movement of the storage container on the site does not impact the time limits set by the TUP.

Energy Storage Standards.

Purpose and Intent. Energy storage facility regulations are adopted with the intent of advancing and protecting the public health, safety, and welfare of the city of Temecula by establishing regulations for the installation and use of energy storage systems. The regulations herein are intended to protect the health, welfare, safety, and quality of life for the general public, to ensure compatible land uses in the areas affected by energy storage facilities and to mitigate the impacts of energy storage facilities on the environment.

Energy storage facilities shall be permitted through a conditional use permit (CUP) only in the zoning specified in Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts.

Definitions. The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section as follows:

Battery. A single cell, stack, core building block, or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this chapter, batteries utilized in consumer products are excluded from these requirements.

Battery Management System. An electronic system that prevents storage batteries from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected. The system generates an alarm and trouble signal for abnormal conditions.

Battery Energy Storage System. A system consisting of electrochemical, kinetic, thermal, or other form of energy-storage technology storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone twelve-volt car battery or an electric motor vehicle.

Cell. The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

Commissioning. A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

Decommissioning Plan. A plan to retire the physical facilities of the project, including decontamination, dismantlement, rehabilitation, landscaping and monitoring. The plan contains detailed information on the proposed decommissioning and covers the schedule, type and sequence of decommissioning activities; waste management, storage and disposal of the waste from decommissioning; the timeframe for decommissioning and site rehabilitation.

Energy Storage Facility. Are stationary commercial facilities, that contain one or more energy storage system(s) for the purposes of capturing or purchasing energy and releasing, selling, transferring or trading energy back to the utility providers for monetary or other gain. This definition does not include private residential energy storage or backup systems.

Energy Storage System. A system which stores energy and releases it in the same form as was input.

Applicability. The requirements of this section shall apply to all energy storage facilities permitted, installed, or modified after the effective date of the ordinance codified in this section excluding general maintenance and repair. Energy storage facilities constructed or installed prior to the effective date of the ordinance codified in this section shall not be required to meet the requirements of this chapter. Modifications to, retrofits or replacements of an existing energy storage facility that increases the total energy storage system designed discharge duration or power rating shall be subject to this chapter. The continuation of legally established existing utility-scale energy storage systems shall be subject to the regulations and guidelines of Chapter 17.03.070 (Legal nonconformities) of this code.

Development Standards.

Energy storage facilities must meet all applicable standards of the adopted Building and Safety Codes and of the adopted Fire Codes.

Energy storage facilities shall comply with the site design requirements set forth below in addition to all other applicable chapters of the Temecula Municipal Code:

Where visible from public view, the site shall be fully enclosed by a minimum six-foot, non-scalable solid wall. Where not visible from public view, the site shall be enclosed by a minimum six-foot, non-scalable solid wall or tubular steel or wrought iron fencing. Said wall or fencing shall be located outside of the required yard of the applicable zone. Walls shall consist of either decorative concrete masonry block or decorative concrete tilt-up walls. Decorative concrete masonry block means neutral colored slump stone block, split-face block, or precision block with a stucco, plaster, or cultured stone finish. Decorative concrete tilt-up wall means concrete with a combination of paint and raised patterns, reveals, and/or trim lines.

When sound and visual attenuation requires a wall exceeding six feet above the grade of the adjacent roadway, earth mounds shall be used, such that no more than six feet of the wall is visible from the roadway. The mounds shall not exceed a three-to-one (3:1) ratio slope. The mounds may support the wall or be placed against the wall on the street side.

Wall heights shall be limited to the standards in the applicable zoning district.

ii.

No landscaping is required on the interior side of the screen walls described in subparagraph (b)(i), above, regardless of the percentage of open space landscaping required.

The minimum required open space, as required by this title, shall be limited to the perimeter landscaping surrounding the perimeter screening wall or fencing described in subparagraph (b)(i), above. Said perimeter landscaping shall be no less than the applicable required yard setbacks.

iii.

Solid walls surrounding facilities which are below grade of an adjacent street or property shall incorporate a berm/slope along the entire length of the wall to ensure facilities are not visible from public view.

iv.

Anti-graffiti coating or equivalent measure to prevent graffiti shall be provided for all solid screen walls

Except as set forth in subparagraph (vi), no equipment or appurtenances not in an enclosed structure shall exceed the screen wall height described in subparagraph (i), above, unless it can be demonstrated through a line-of-sight analysis to the satisfaction of the director of community development that the wall height will sufficiently screen said equipment and/or appurtenances. Enclosures for batteries and other systems shall not exceed fifteen feet in height.

vi.

Accessory structures such as utility poles or utility connection equipment, substation switchyard and similar equipment, necessary for the operation of the facility may exceed the height standards of the applicable zone subject to the director of community developments approval.

vii.

Within the Business Park (BP) zone, all equipment or appurtenances shall be located within an enclosed building. However, accessory structures such as utility poles or utility connection equipment substation switchyard, and similar equipment, necessary for the operation of the facility is not required to be located within the enclosed building.

viii.

On-site parking shall be provided as specified below:

(A)

For sites occupied daily by employees or contractors, one parking space per employee or contractor shall be provided.

(B)

For unoccupied sites, one on-site parking space shall be provided.

(C)

All parking, fire access roadways, and drive aisles shall be paved with asphalt or concrete, to the satisfaction of the director of community development.

(D)

All parking lots shall comply with Chapter 17.24 of this code.

(E)

All facilities shall have an approved signage plan including safety signage to be posted at the site.

(F)

All improvements and site specifications shall be subject to approval of a Hazard Mitigation Analysis. Said reports shall be reviewed by the city of Temecula Fire Department and Building and Safety Departments. These reports must be approved concurrently with any entitlements. The purpose of this analysis is to evaluate the potential for adverse effects to people or the environment related to hazards and hazardous materials. The California Environmental Quality Act (CEQA) requires the analysis of potential adverse effects of a project on the environment. Consistent with Appendix G of the CEQA Guidelines, a proposed project would cause adverse impacts related to hazards and hazardous materials if they would create a significant hazard to the public or the environmental through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment.

Decommissioning.

Decommissioning Plan. Prior to issuance of any building permits related to decommissioning activities, the applicant shall submit a decommissioning plan containing a narrative description of the activities to be accomplished for removing the energy storage system from service, and from the facility in which it is located. The decommissioning plan shall also include:

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

ii.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

iii.

The anticipated life of the battery energy storage system;

iv.

The manner in which the battery energy storage system will be decommissioned, and the site restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

Ownership Changes. If the owner of the battery energy storage facility changes or the owner of the property changes, the project approvals shall remain in effect, provided that the successor owner or operator assumes in writing all the obligations of the project, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage facility shall notify the community development department of such change in ownership or operator within thirty days of the ownership change. A new owner or operator must provide such notification to the community development department in writing. The project and all approvals for the battery energy storage facilities shall be void if a new owner or operator fails to provide written notification to the community development department in the required timeframe. Reinstatement of a voided project or approvals will be subject to the same review and approval processes for new applications under this chapter.

Performance Measures and Standard Conditions of Approval. The following measures shall be included as performance measures and standard conditions of approval for all energy storage facilities.

Facilities shall not store any products, goods, materials, or containers outside of any building on site.

Facilities shall comply with noise requirements in Chapter 9.20 of this code.

Operators shall address any nuisance, safety issues or violations of conditions of approval within forty-eight hours of being notified by the city that an issue exists.

Prior to the issuance of a certificate of occupancy or business license, any operator of an energy storage facility shall sign a statement acknowledging acceptance of all operational conditions of approval associated with the approved entitlements for the facility.

Finding of Economic Benefit; Public Benefit Agreement; Exempt Projects.

Consistent with Public Resources Code Section 25545.9, and in addition to all other findings and determinations necessary for the grant of a CUP, no conditional use permit for an energy storage facility, shall be granted unless the city finds that the construction and operation of the facility will have an overall net positive economic benefit to the city. For purposes of this subsection, economic benefits may include, but are not limited to, any of the following:

Employment growth.

ii.

Housing development.

iii.

Infrastructure and environmental improvements.

iv.

Assistance to public schools and education.

Assistance to public safety agencies and departments.

vi.

Property taxes and sales and use tax revenues.

Consistent with Public Resources Code Section 24454.10, no conditional use permit for a battery energy storage facility, shall be granted unless the city has entered into a legally binding and enforceable agreement with, or that benefits, the city, where there is mutual benefit to the parties to the agreement. The topics and specific terms of the community benefits agreements may vary and may include funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, and paving roads and bike paths.

The city of Temecula finds and declares that, where a battery energy storage facility, utility scale is issued a certificate pursuant to Chapter 6.2 (commencing with Section 25545) of Division 15 of the Public Resources Code, and where such certificate is in lieu of a conditional use permit or other permit, certificate, or document required by the city, a community benefit agreement in the form described in subsection a, above, shall satisfy the obligations on Public Resources Code Section 24454.10.

(Ord. 02-11 §§ 1, 2, 3(K), 4(A)—(M); Ord. 04-11 § 2; Ord. 05-05 §§ 4, 5; Ord. 06-06 § 4; Ord. 07-15 § 11(I); Ord. 08-07 § 9; Ord. 08-08 § 7; Ord. 08-11 §§ 15, 16, 17; Ord. 12-02 §§ 6, 7; Ord. 14-01 §§ 16, 17; Ord. 16-05 § 7; Ord. 18-10 §§ 5, 6; Ord. 19-02 § 18; Ord. 20-05 § 3; Ord. 22-01 §§ 9—12; Ord. 22-06 § 9; Ord. 22-09 § 5; Ord. 23-03 §§ 17, 18; Ord. 23-11, 11/28/2023; Ord. 2023-13, 12/12/2023)