All residents and businesses are required to sort and separate food scraps, yard debris and food soiled paper from trash and recycling and place in organics waste collection bins. Additionally, commercial entities, non -local entities, education agencies, governmental jurisdictions, and food generators must comply with the new regulations and implement specific programs to include, but not limited to, education and outreach, edible food recovery, procurement, and organics waste collection services. The costs and implementation of these programs falls on local jurisdictions and the local waste haulers. To not significantly impact any one waste sector all at once, CR & R has been mindful to slowly implement any increase in rates over the course of time since the adoption of various State Mandated programs.
Pursuant to the Franchise Agreement with CR & R, the rates charged for refuse collection and recycling for residential and commercial services within the City of Temecula is subject to annual review and modification, based upon changes in the Consumer Price Index (CPI) and changes to the Riverside County landfill tipping fees, as well as Extraordinary Costs to meet compliance measures instituted by the State Mandate Laws. Therefore, all Commercial Customers within the City of Temecula will incur a rate adjustment to include a 5.37% increase due to change in CPI, an 8.6% increase in the landfill disposal rate, pursuant to the County of Riversides' Waste Management Department, and a 3.4% increase due to Extraordinary Costs to meet SB1383 compliance measures. Commercial rates vary based on the bin size and frequency of collection, per the attached CR & R Rate Schedule.
Staff recommends the City Council adopt the resolution and set the public hearing concerning the approval the Solid Waste and Recycling and SB1383 Compliance Fee on Commercial Collection Rates for Commercial Customers for July 12, 2022. Staff will proceed with noticing each affected commercial customer in the City with regards to the proposed rate increase with a minimum of forty-five (45) days prior to the public hearing.
FISCAL IMPACT: Solid Waste and Recycling services for Commercial Customers are paid for directly by the property owner or business owner receiving services. No additional costs will be incurred by the City of Temecula.
ATTACHMENTS: 1. Resolution
2. CR & R Rate Schedule
RESOLUTION NO.2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA SETTING A TIME AND PLACE FOR A
PUBLIC HEARING IN CONNECTION WITH THE SOLID
WASTE AND RECYCLING AND SB1383 COMPLIANCE
FEE ON COMMERCIAL COLLECTION RATES FOR
COMMERCIAL CUSTOMERS FOR FISCAL YEAR 2022-23
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find determine and declare that:
(a) The City of Temecula and CR & R Incorporated entered into an exclusive solid waste Franchise Agreement on May 28, 1991, as amended on August 27, 1996, June 24, 1997, July 25, 2000, June 13, 2006, October 27, 2015, and November 28, 2017 ("Franchise Agreement"), for the collection, transportation, recycling, composting and disposal of solid waste and construction debris, and for providing temporary bin/roll off services in the City. (b) The Franchise Agreement specifically that the rates for services shall be adjusted each July Pt, based on certain criteria, and subject to the data from the Bureau of Labor Statistics designated change in the Consumer Price Index (CPI), from the previous calendar year, and changes to the Riverside County Department of Waste Resources landfill disposal fees, and any extraordinary costs which may be as a result of State mandated programs. (c) According to the Bureau of Labor Statistics for January 2021 through December 2021, the designated CPI has increased by 5.37%. (d) The County of Riverside's Waste Management Department will adjust their landfill disposal rate by 8.6%, from $32.71 per ton to $35.52 per ton. (e) The Extraordinary Cost increase is to include a rate increase of 3.4% for commercial customers. Commercial rates vary based on the bin size and frequency of collection.
Section 2. The City Council of the City of Temecula hereby acknowledges and appoints the 12th day of July 2022, at the hour of 6:00 p.m., or as soon thereafter as feasible, in the City Council Changers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the proposed solid waste and recycling and SB1383 compliance fee on commercial collection rates for commercial customers for fiscal year 2022-23.
At the public hearing, the City Council will hear and consider all objections or protests, if any, to the proposed rates. The City Council may continue the hearing from time to time.
Section 3. The City Clerk is hereby directed to publish notice of the time and place of the hearing pursuant to Government Code Section 6066 in the manner required by law.
Section 4. Each affected commercial customer and commercial property owner in the City of Temecula shall be mailed notice of the proposed rate increase in the manner provided by law at least forty-five (45) days prior to the public hearing on July 12, 2022.
Section 5. The City Clerk shall certify to the passage and adoption of the resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of May, 2022.
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2022- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of May, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
CITY OF TEMECULA
EXHIBIT "D"
Schedule of Rates
(effective July 1, 2022)
1 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal grantee billing Monthly Rate (without Extraordinary Recycling Fee) $ 24.01 Monthly AD Rate $ 2.42
Extraordinary Recycling Fee $ 0.54
2 Mechanized single family detached residential collection, recycling, composting, transfer, and disposal parcel charge Monthly Rate (without Extraordinary Recycling Fee) $ 24.01 Monthly AD Rate $ 2.42
Extraordinary Recycling Fee $ 0.54
3 Mechanized single family detached residential additional refuse, recycling, and composting container grantee billing Monthly Rate: $ 11.30
4 Single family detached residential additional bulky item pick up - grantee billing Pick Up Rate: $ 13.11 per item
5 Commercial, industrial, and multi -family residential refuse monthly bin rates( one 2 cubic yard bin) with the following pickups per week 1 x week
$
127.49
2 x week
$
253.58
3 x week
$
379.62
4 x week
$
505.68
5 x week
$
631.75
6 x week
$
757.80
7 x week
$
883.88
Compacted 2 Cubic Yard monthly rate: 2.5 x monthly rate 6 Commercial, industrial, and multi -family residentialrefuse monthly bin rates (one 3 cubic yard bin ) with the following pick ups per week:
1 x week
$
145.50
2 x week
$
289.57
3 x week
$
433.68
4 x week
$
577.75
5 x week
$
721.78
6 x week
$
865.86
7 x week
$
1,009.96
Compacted 3 Cubic Yard monthly: 2.5 x monthly rate
7 Commercial, industrial, and multi -family residentialreevcline monthly bin rates ( one 3 cubic yard bin ) with the following pick ups per week 1 x week
$
61.79 2 x week
$
123.56
3 x week
$
185.33
4 x week
$
247.09
5 x week
$
308.82
6 x week
$
370.63
7 x week
$
432.36
8 Commercial, industrial, and multi -family residential refuse monthly bin rates( one 4 cubic yard bin) with the following pickups per week 1 x week
$
163.55
2 x week
$
325.71
3 x week
$
487.85
4 x week
$
650.01
5 x week
$
812.14
6 x week
$
974.27
7 x week
$
1,136.43
Compacted 4 Cubic Yard monthly rate: 2.5 x monthly rate
CITY OF TEMECULA
EXHIBIT "D"
Schedule of Rates
(effective July 1, 2022)
9 Commercial, industrial, and multi -family residentialrecvcline monthly bin rates ( one 4 cubic yard bin ) with the following pick ups per week I x week
$
81.78 2 x week
$
163.62
3 x week
$
245.38
4 x week
$
327.19
5 x week
$
408.99
6 x week
$
490.79
7 x week
$
572.55
Commercial, industrial, and multi -family residentialrecvcline monthly cart rate ( one 96 gallon cart)
with the following pick ups per week:
1 x week
$
55.16 10 Temporary 3 cubic yard bin rate:
$
128.84
11 Extra Temporary or Regular Service pick up:
$
72.76 per pick up
(Includes all bin sizes 2, 3 and 4 yards)
12 Commercial and Rolloff Setup Fee
$
54.91 13 Redeliver and reinstatement rate:
$
44.04 per occurrence
14 Roll -off Delivery Fee:
$
79.42 per bin
15 Roll -off disposal rate:
$
282.83 +
16 Roll -off recycling rate:
$
282.83 plus market value
17 Roll -off compactor rate:
$
393.79 +
18 Roll -off recycling compactor rate:
$
393.79 plus market value
19 Scheduled Extra Green Waste pick up (up to 10 bags):
$
10.00 per pick up
20 Non -Scheduled Extra Green Waste pick up (up to 10 bags):
$
25.00 per pick up
21 E-Waste Pick up:
no charge
22 "Hard to service" vehicle usage rate:
no charge
23 "Hard to service" bin moving rate:
no charge
24 Special bin lids (locking/CBL) rate:
no charge
25 Deodorizing / replacing bin rate:
no charge
26 Recycle Bin Contamination
$
54.84 27 NW Fee:
$
56.75 per ton
28 C&D Fee:
$
56.75 Perron
29 Inert Disposal:
$
146.41 per load
30 AD Fee:
$
93.31 per ton
31 Extra Food Waste Pail
$
8.07 each
CITY OF TEMECULA
EXHIBIT "D"
Schedule of Rates
(effective July 1, 2022)
32 Commercial Bin Delivery Fee
$
54.34 per container
33 RollffFalse Run Fee
$
80.15 per incident
34 Commercial Stinger Fee
$
31.58 per bin, per pickup
35 Locking Bin Fee
$
27.41 per bin, per month
Commercial
Organic AD Rates
36 Commercial, industrial, and multi -family residential non-food monthly bin rates( one 2 cubic yard
bin) with the
following pickups per week:
1 x week
$
162.62
2 x week
$
324.12
3 x week
$
485.62
4 x week
$
647.13
5 x week
$
808.65
6 x week
$
970.14
7 x week
$
1,131.65
37 Commercial, industrial, and multi -family residentialfood monthly bin rates ( one 2 cubic yard bin ) with the following pick ups per week 1 x week
$
243.41
2 x week
$
485.73
3 x week
$
728.02
4 x week
$
970.31
5 x week
$
1,212.65
6 x week
$
1,454.93
7 x week
$
1,697.23
38 Commercial, industrial, and multi -family residentialr o r-food monthly bin rates ( one 3 cubic yard bin) with the following pickups per week 1 x week
$
215.23
2 x week
$
429.41
3 x week
$
643.53
4 x week
$
857.69
5 xweek
$
1,071.78
6xweek
$
1,285.93
7 x week
$
1,500.10
39 Commercial, industrial, and multi -family residential non-food monthly bin rates( 64-gallon cart) with the following pickups per week 1 x week
$
44.10 2 x week
$
88.19 3 x week
$
132.30
4 x week
$
176.39
5 x week
$
220.50
6 x week
$
264.61
Extra pickup
$
33.39 40 Commercial, industrial, and multi -family residentialfood monthly bin rates( 64-gallon cart) with the following pickups per week 1 x week
$
59.97 2 x week
$
119.93
3 x week
$
179.88
4 x week
$
239.86
5 x week
$
299.83
6 x week
$
359.82
Extra pickup
$
44.93 a
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i=.
Databases, Tables & Calculators by Subject
Change Output Options: From: 2012s To: 2022V (D
0include graphs l7Include annual averages More FormattinaOotionsay Data extracted on: February 28, 2022 (3:08:03 PM)
CPI forAU Urban Consumers (CPI-U)
Series Id: CUURS49ASAOL2
Not Seasonally Adjusted
Series Title: All items less shelter in Las Angeles -Long Beach-Andhelm,CA, all urban consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA
Item: All items less shelter
Base Period: 1982-84=100
Download: ©I dss
Year
Jan
Feb
Mar
Apr
I May
Jun
I Jul
Aug
Sep
Oct
NOV
Dec
Annual
NALFl
I NALF2
2012
214.742
215.904
218.816
218.468
218.457
216.740
216.127
218.077
219.094
221.751
218.360
215.928
217.705
217.1881218.223
2013
218.522
220919
221.001
219.482
219.521
219.075
1218.592
218.636
218.948
219.128
217.484
217.339
219.054
219.753
218.355
2014
218.614
219.973
221.974
221.692
222.926
222.942
222.330
221.841
221,494
220.815
218.208
216.134
220.745
221.353
220.137
2015
214.533
216.374
219.281
218.858
222,010
220.669
222.521
221.135
219.652
219.771
219.247
218.173
219352
218.621
220.083
2016
220.019
219387
219.558
220.292
221.281
221.134
220.438
219.575
219.676
220.640
218.981
218.445
219.944
220.279
219.609
2017
220.314
221.681
222.476
223.272
223,918
223.265
223.536
223.663
224.951
225.188
225.503
225.322
223591
222.488
224.694
2018
227.716
229387
229.885
230.208
230.818
229.915
230.487
230AII
231.225
233.375
231.868
230.095
230ASO
229.655
231.245
2029
231.460
231.196
232.548
235.395
236.119
234,940
234.910
234.219
235.978
238.399
236.218
234.021
234.609
233.593
235.624
2020
1236.840
237,401
234.478
232.812
233.970
235.405
237.153
237.676
237.055
237.989
238.544
1 237.923
236,417
235.151
237.723
2021
238.459
239.730
241.621
245599
247.617
249348
251.018
251.738
252.632
255.941
257,498
258.528
249.136
243.729
254.543.
2022
2fi2.356
12-Month Percent Change
Series ld: CUURS49ASAOL2
Not Seasonally Adjusted
Sedas Title: All items less shelter In Los Angeles -Long Beach -Anaheim, CA, all urban consumers, not seasonally adjusted Area: Los Angeles -Lang Beach -Anaheim, CA
Item: All items less shelter
Base Period: 1982-84=100
Download: m.tlar
Year
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug[2.4
Oct
Nov
Doc
Annual
HAM
NALF2
2012
2.7 2.5
2.211.41
1.4 1.4
1.8 2.4
3.3 1.9
1.7 2.1
1.9 2.2
2013
1.8 2.3
1.0 0.5
0.5 1.1
1.1 0.3
-1.2
-0.4
0.7 0.6
1.2 0.1
2014
0.0 -0.4
0.411.01
1.6 1.8
1.7 1.5
0.8 03
-0.6
0.8 0.7
0.8 2015
-1.9
-1.6
-1.2
-13
-0.4
-1.0
0.1 -0.3
-0.5
05 0.9
-0.6
-1.2
0.0 2016
2.6 1A
0.1 0.7
-0.3
0.2 -0.9
-0.7
OA
-0.2
0.1 03
0.8 -0.2
2017
0.1 1.0
1.3 1.4
1.2 1.0
IA
1.9 2.1
3.0 3.1
1.7 1.0
232019
3.4 3.5
3.3 3.1
3.1 3.0
3.1 3.0
3.6 2.8
2.1 3.1
3.2 2.9
2019
1.6 0.8
1.2 23
2.3 2.1
1.9 1.7
2.2 1.9
1.7 1.8
1.7 1.9
2020
2.3 2.7
0.8 -1.1
-0.9
0.2 1.0
1.5 051-0.21
1.01 1,7
0.8 O 7-F
0.91 2021
0.7 1.0
3.0 5.5
5.8 59
5.8 5.91
6.61 7.51
7.91 8.71
5.4 3.61
7.1 2022
10.0 U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202.691-5200_ Telecommunications Relay Service:7-1-1- v8Dv.bls.yov Contact ill
Item No. 21
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
MAY 10, 2022
CALL TO ORDER at 7:25 PM: President James Stewart
ROLL CALL: Alexander, Edwards, Rahn, Schwank, Stewart
CSD PUBLIC COMMENTS -None
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (5-0): Motion by Edwards, Second by Rahn. The vote reflected unanimous approval.
8. Approve Action Minutes of April 26, 2022
Recommendation: That the Board of Directors approve the action minutes of April 26, 2022.
9. Approve Non -Exclusive Services Agreement with First Student Charter for Transportation Services,
Recommendation: That the Board of Directors approve a non-exclusive services agreement with First Student Charter for transportation services.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:30 PM, the Community Services District meeting was formally adjourned to Tuesday, May 24, 2022 at 4:30 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
James Stewart, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 22
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: May 24, 2022
SUBJECT: Set Public Hearing to Approve TCSD Proposed Rates and Charges for Fiscal Year 2022-23
PREPARED BY: Jennifer Hennessy, Director of Finance
RECOMMENDATION: That the Board of Directors adopt a resolution entitled:
RESOLUTION NO. CSD 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA COMMUNITY SERVICES DISTRICT OF THE
CITY OF TEMECULA ACKNOWLEDGING THE FILING OF A
REPORT WITH RESPECT TO THE PROPOSED RATES AND
CHARGES FOR FISCAL YEAR 2022-23 AND SETTING A
TIME AND PLACE FOR A PUBLIC HEARING IN
CONNECTION THEREWITH
BACKGROUND: The Temecula Community Service District (TCSD) operates under the authority of Community Services District Law and provides residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula. The boundaries of the TCSD are coterminous with the City and the City Council serves as the Board of Directors of the TCSD.
The TCSD is required to complete an annual levy process which includes adopting a resolution to accept the filing of a report on the proposed rates and charges necessary to provide the following services; noticing each affected property owner in the City; and conducting a public hearing to consider approving the proposed rates and charges.
The four current service levels of the TCSD include:
1. Service Level B — Residential Street Lighting.
2. Service Level C — Perimeter Landscaping and Slope Maintenance.
3. Service Level D — Residential Recycling and Refuse Collection.
4. Service Level R — Unpaved Road Maintenance.
1. Service Level B — Residential Street Lighting
The TCSD Rates and Charges for Service Level B are not proposed to increase from last year's rates. The rate is capped at $25.68 per single family residential.
2. Service Level C — Perimeter Landscaping and Slope Maintenance As a result of various property owner elections, there are two zones subject to an annual rate increase. The rate increase is the lesser of:
(1) the percentage increase in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index ("CPI") of All Urban Consumers for the Riverside -San Bernardino -Ontario, for the previous calendar year
(2) 5%
The Annual CPI change for 2022 was 5.76%. As a result, the following zones will see a 5% increase in the rates for Fiscal Year 2022-23.
Zone No. and Name
21-22 Rate
22-23 Rate
Increase
6 - Woodcrest County
$119.05
$125.00
$5.95
29 - Gallery Portraits
$424.91
$446.16
$21.25
3. Service Level D — Residential Recycling and Refuse Service Per the Franchise Agreement with CR&R, the change in CPI and land -fill tipping fees determine the increase/decrease in the annual Service Level D rate and charge. An increase of $18.85 is proposed to the annual rate and charge for Service Level D from $311.73 to $330.58 per residential unit beginning Fiscal Year 2022-23. The increase is due to a CPI increase of 5.37% and a land- fill tipping fee increase of 8.6%.
4. Service Level R — Unpaved Street and Road Maintenance The TCSD will no longer be providing road maintenance services and will therefore no longer be assessing for Service Level R.
Staff recommends that the Board of Directors adopt the resolution to accept the filing of the report on the proposed rates and charges for Fiscal Year 2022-23 and schedule a public hearing concerning these issues for July 26, 2022. Staff will proceed with noticing each affected property owner in the City regarding the proposed rates and charges within a minimum of forty-five (45) days prior to the public hearing.
FISCAL IMPACT: The revenue generated for the TCSD Fiscal Year 2022-23 rates and charges will fund residential street lighting; perimeter landscaping and slope maintenance; recycling and refuse collection and unpaved road maintenance services in the City of Temecula.
ATTACHMENTS: 1. Resolution of Intent
2. Exhibit A —Project Summary
RESOLUTION NO. CSD 2022-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TEMECULA COMMUNITY SERVICES DISTRICT OF
THE CITY OF TEMECULA ACKNOWLEDGING THE
FILING OF A REPORT WITH RESPECT TO THE
PROPOSED RATES AND CHARGES FOR FISCAL YEAR
2022-23 AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING IN CONNECTION THEREWITH
THE BOARD OF DIRECTORS OF THE TEMECULA COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Upon incorporation of the City of Temecula, effective December 1, 1989, voters approved the formation of the Temecula Community Services District ("TCSD"), to provide specified services to properties within its jurisdiction.
Section 2. Pursuant to Government Code Section 61115, the TCSD has prescribed, revised and collected rates and charges for the services furnished by it, and has elected to have these rates and charges collected on the tax roll in the same manner, by the same persons, and at the same time as, together with and not separately from, property taxes collected within the TCSD in the same manner prescribed by Government Code Section 61115. The TCSD proposes to continue such rates and charges for the operation, maintenance, servicing and administration of street lights, perimeter landscaping and slope maintenance, refuse collection, and unpaved street maintenance for the 2022-23 Fiscal Year. All laws applicable to the levy, collection, and enforcement of property taxes, including, but not limited to, those pertaining to the matters of delinquency, correction, cancellation, refund and redemption, shall be applicable to these rates and charges, except for the California Revenue and Taxation Code Section 4831.
Section 3. Pursuant to Government Code Section 61115, the TCSD has caused a written report ("Report") to be prepared and filed with the Secretary of the TCSD. This Report contains a description of each parcel of real property and the proposed amount of the rates and charges for Fiscal Year 2022-23. The Report is based upon a budget adopted by the Board of Directors for the proposed services for specific areas where such services are provided including necessary staff and administrative expenses. A summary of the Report containing the proposed rates and charges is attached hereto as Exhibit A, entitled "Project Summary", and incorporated herein by this reference. A copy of the Report is on file in the office of the Secretary of the TCSD, and is available for public inspection.
Section 4. The Board of Directors hereby acknowledges the filing of the Report, and appoints the 26th day of July 2022, at the hour of 6:00 p.m., or as soon thereafter as feasible, in the City Council Chambers at City Hall, located at 41000 Main Street, Temecula, CA 92590, as the time and place for the public hearing on the Report and the proposed rates and charges. At the public hearing, the Board of Directors will hear and consider all objections or protests, if any, to the Report. The Board may continue the hearing from time to time.
Section 5. The District Secretary is hereby directed to give notice of the filing of the Report and of the time and place of the hearing on the Report pursuant to the requirements of Government Code Section 61115. The District Secretary is further directed to give notice, pursuant to Section 6 of Article XIIID of the California Constitution, regarding any increases proposed in the Report with respect to any of the rates and charges.
Section 6. The District Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Community Services District of the City of Temecula this 241h day of May, 2022.
ATTEST:
Randi Johl, Secretary
[SEAL]
James Stewart, President
N
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Community Services District of the City of Temecula, do hereby certify that the foregoing Resolution No. CSD 2022- was duly and regularly adopted by the Board of Directors of the Temecula Community Services District of the City of Temecula at a meeting thereof held on the 24th day of May, 2022, by the following vote:
AYES: BOARD MEMBERS:
►• :•::OIa M31TO-YAM
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
FXHIRIT A
PROJECT SUMMARY
TEMECULA COMMUNITY SERVICES DISTRICT
On January 28, 2014, Albert A. Webb Associates was retained by the City of Temecula to prepare the Annual Levy Report for the Temecula Community Services District (TCSD) for Fiscal Year 2022-23. Pursuant to Government Code of the State of California, commencing with Section 61115, the TCSD has the power to levy and collect rates and charges in order to carry on its operations and to provide the services and facilities furnished by it.
The levy and collection of the rates and charges is accomplished by the identification and description of each parcel within a specific Service Level. A Service Level is a defined area that provides a specific service, operation and maintenance and/or program to only those parcels contained within that service level boundary.
The TCSD is currently composed of four (4) Service Levels, as described below:
Service Level B — Residential Street Lights. Operations, maintenance, utility costs and administration of all residential streetlights.
2. Service Level C - Perimeter Landscaping and Slope Maintenance. Operations, maintenance, utility costs, improvements, and administration for all perimeter landscaping and slope maintenance areas maintained by the TCSD.
3. Service Level D — Recycling and Refuse Collection. Operations and administration of the recycling and refuse collection program for single-family residential dwellings.
4. Service Level R — Unpaved Road Maintenance. Maintenance of unpaved streets and roads.
The Financial Analysis contained herein contains each Service Level including their totals for Fiscal Year 2022-23 as follows:
Service Level B
Service Level C
Service Level D
Service Level R
TOTAL TCSD BUDGET
*Single Family Residential
SERVICE LEVEL Rate
RI in(C FT
$502,030 $25.68/SFR*
$1,726,156 Variable
$9,387,537 $330.58
$10,532 Variable
$11,453,813
The Levy and Collection amounts for all non-exempt parcels within the TCSD for the Fiscal Year 2022-23 are as shown on the Levy Roll on file with the City Clerk/District Secretary.
Item No. 23
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: May 24, 2022
SUBJECT: Adopt an Ordinance Repealing and Replacing Title 6 of the Temecula Municipal Code and Make Modifications to Title 17 of the Temecula Municipal Code Regarding the Keeping, Maintenance, and Possession of Dogs, Cats, Fowl and Other Animals (Long Range Project Number LR21-0130)
PREPARED BY: Mark Collins, Assistant Planner
RECOMMENDATION: That the City Council introduce and read by title only an ordinance entitled:
ORDINANCE NO. 2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REPEALING AND REPLACING TITLE 6 OF THE
TEMECULA MUNICIPAL CODE REGARDING THE
KEEPING, MAINTENANCE, AND POSSESSION OF DOGS,
CATS, FOWL, AND OTHER ANIMALS AND PROVIDING FOR
THE CONTROL, LICENSING, AND WELFARE THEREOF,
MODIFYING TITLE 17 OF THE TEMECULA MUNICIPAL
CODE REGARDING ANIMAL KEEPING AND MAKING A
FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO CEQA GUIDELINES SECTION 15061 (B)(3)
(LONG RANGE PLANNING PROJECT NO. LR21-0130)
SUMMARY OF
ORDINANCE: Staff, in cooperation with Animal Friends of the Valleys, has been working to prepare needed updates to the Temecula Municipal Code Title 6 and Title 17. The amendments are summarized below.
Amendments to Title 6 (Animals) include:
1. Predominantly a reorganization of Title 6 Animals.
2. Consolidate animal keeping standards and land uses in table form.
3. Update language to reflect current operations, advances in the field of animal control and best management practices.
4. The largest policy change is the inclusion of a mandatory spay/neuter and microchip provision for cats and dogs in accordance with SB 573 (exceptions provided).
Amendments to Title 17 (Zoning) include:
1. Amending Table 17.06.030, pertaining to residential districts, to provide that:
• Noncommercial Kennel and Noncommercial Cattery are prohibited uses in all residential zones.
• Commercial Kennels, Commercial Catteries or cat/dog training center are prohibited uses in all residential zones; kennels and catteries are currently identified as conditionally permitted in the HR, RR, and VL zones. • Animal Keeping, Apiaries or Beekeeping, and Outdoor aviary are prohibited uses in the HR and HR-SM zones and permitted in all other residential zones. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form.
• Poultry is a prohibited use in the HR, H, and HR-SM zones and permitted in all other residential zones. Section 17.10.020 currently provides that poultry is permitted in all residential zones except for HR and HR-SM so this is a change. • Small animals (burros, pigs, ponies and sheep) are a prohibited use in the HR, LM and HR-SM zones and permitted in all other residential zones. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form.
2. Amending Table 17.08.030, pertaining to commercial/office/industrial districts, to provide that:
• Animal keeping, noncommercial cattery, and noncommercial kennels are a prohibited use in all commercial/office/industrial districts. • Commercial Kennels, Commercial Kennels, or cat/dog training centers are conditionally permitted uses in the CC, HT, SC, BI and LI zones, and prohibited in all other commercial/office/industrial districts.
• Animals - large (cattle, horses and mules), Animals - small (burros, goats, pigs, ponies and sheep), and Aviary (outdoor), Apiaries or Beekeeping, and Poultry are permitted uses in all commercial/office/industrial districts. This is consistent with the language currently set forth in Section 17.10.020 but is now shown in table form.
• Animal shelters are conditionally permitted uses in the CC, HT, SC, BP, and LI zones and prohibited in all other commercial/office/industrial districts. Currently animal shelters are permitted uses in the CC, HT, SC, BP, and LI zones.
3. Amending Section 17.34.010 to add definitions for Animal Keeping, Commercial Cattery, Commercial Kennel, Noncommercial Cattery and Noncommercial Kennel.
4. Section 17.10.020(A)(1)(b), (c), and (d) and Section 17.10.020(A)(2)(b), (c), (d), (e), (f), and (g) are relocated to Table 6.08.010 (Animal Keeping Standards). In addition, Section
17.10.020(A) is revised to provide that the standards for the keeping of animals and animal
related land uses are located in Municipal Code Table 6.08.010 (Animal Keeping Standards) TMC Title 6 Animals.
Analysis of Setback:
1. Staff performed an analysis, at the direction of the City Council, for the appropriateness of the current four hundred (400) foot setback requirement for apiaries and beekeeping. • Staff determined that the current setback is comparable to the surrounding area. • Riverside County has a variable setback of 300 — 500 feet • City of Riverside has a variable setback of 300 — 500 feet • City of Wildomar has a variable setback of 300 — 500 feet • City of Carlsbad has a fixed 150-foot setback
• San Diego County has a variable setback of 25 — 450 feet
2. Additionally, staff contacted the California State Beekeepers Association for additional guidance.
• For large scale, commercial beekeeping operations it was recommended that anti - swarming devices be required.
• These vertical structures surround an apiary and force the bees to fly above the structure before any horizontal flight can occur, intended to prevent human and bee interactions. Temecula has no such operations.
BACKGROUND: The City of Temecula has contracted with Animal Friends of the Valleys, Inc., a non-profit organization, since 1995 for animal control services provided within Temecula City limits. In 2004, the Council approved Temecula's participation in a Joint Powers Authority referred to as the Southwest Communities Financing Authority (SCFA) with other member agencies for the construction of an animal shelter and subsequent shelter services (that now include the member cities of Temecula, Murrieta, Menifee, Lake Elsinore, Canyon Lake, Wildomar, and the County of Riverside). The SCFA contracts with Animal Friends of the Valleys, Inc. for animal shelter operations where citizens can adopt and license pets.
The agreement with Animal Friends of the Valleys, Inc. for animal control services provides to the City a complete program which includes, but is not limited to, Animal Control Officers who conduct field and other services, sheltering of lost or abandoned dogs and cats, impounding of stray animals, quarantine of rabid animals, removal of deceased animals from the public right-of- way, dog licensing, vaccination clinics, animal complaint, investigation and resolution to Temecula residents and emergency response to the City of Temecula Code Enforcement Department, Fire Department and law enforcement agencies as required.
City Council, in cooperation with Animal Friends of the Valley's, have been working with staff to prepare needed updates to Title 6 and Title 17 of the Municipal Code. Revisions set forth are intended to assist with animal control enforcement efforts, comply with SB 573, and provide for the humane keeping and treatment of animals within the City.
FISCAL IMPACT: The Ordinance has no fiscal impact at this time. A reduction in sheltered dogs, cats and other animals ultimately has the potential to reduce the city's animal control costs.
ATTACHMENTS: 1. Ordinance
2. Planning Commission Resolution No. 2022-13
3. Notice of Public Hearing
ORDINANCE NO.2022-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA REPEALING AND REPLACING TITLE 6
OF THE TEMECULA MUNICIPAL CODE REGARDING
THE KEEPING, MAINTENANCE, AND POSSESSION OF
DOGS, CATS, FOWL, AND OTHER ANIMALS AND
PROVIDING FOR THE CONTROL, LICENSING, AND
WELFARE THEREOF, MODIFYING TITLE 17 OF THE
TEMECULA MUNICIPAL CODE REGARDING ANIMAL
KEEPING AND MAKING A FINDING THAT THIS
ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT
TO CEQA GUIDELINES SECTION 15061 (B)(3) (LONG
RANGE PROJECT NO. LR21-0130)
WHEREAS, the City of Temecula ("City") last comprehensively updated the Temecula Municipal Code to regulate the keeping, maintenance, or possession of dogs, cats, fowl, or other animals in 1995; and
WHEREAS, the adoption of this City ordinance regulating the keeping, maintenance, and possession of dogs, cats, fowl, and other animals within the City shall bring the Temecula Municipal Code into compliance with State Law; and
WHEREAS, the adoption of the ordinance shall alleviate nuisances related to the keeping of dogs, cats, fowl, and other animals in the City; and WHEREAS, the adoption of this ordinance shall provide the City with increased abilities to regulate and enforce laws; and
WHEREAS, the adoption of this ordinance shall alleviate costs incurred by the City related to the enforcement of laws, animal sanitation, and animal healthcare services.
NOW, THEREFORE, the City Council of the City of Temecula, California does ordain as follows:
Section 1. Recitals Incorporated. The above recitals are true and correct and are incorporated herein.
Section 2. The City Council hereby repeals Title 6 of the Temecula Municipal Code in its entirety and replaces it with a new Title 6 (Animals) that is fully detailed in Exhibit A and which is incorporated herein by this reference.
Section 3. Table 17.06.030 (Residential Districts) of Section 17.06.030 (Use Regulations.) of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula
Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions of Table 17.06.030 remaining unchanged.
Table 17.06.030
Residential Districts
Description of Use
HR
RR
VL
L-
1 L-
2 LM
M
H
HR-
SM
Nonresidential
Agriculture/open space uses6
P
P
P
P
P
P
P
P
C
Religious institutions
C
C
C
C
C
C
C
C
C
Public utility facilities
C
C
C
C
C
C
C
C
C
Educational institutions
C
C
C
C
C
C
C
C
C
Libraries
C
C
C,
C
C
C
C
C
-
Commercial marijuana activity
-
-
-
-
-
-
-
-
-
Marijuana cultivation"
-
-
-
-
-
-
-
-
-
Medical marijuana dispensaries
-
-
-
-
-
-
-
-
-
Museums and art galleries (not for profit)
C
C
C,
C
C
C
C
C
-
Commercial Kennels, Commercial
Catteries, or cat/do training aining center612
-
-
Noncommercial Kennel
-
-
-
-
-
-
-
-
-
Noncommercial Cattery
-
-
-
-
-
-
-
-
-
Lame animals
(horses, cattle, and mules sheep -and ge
P
P
P
P
P
-
-g
Small animals (burros, pigs, ponies and
_
P
P
P
P
-
P
P
-
shee
Temporary real estate tract offices
P
P
P
P
P
P
P
P
P
Recreational vehicle storage yard'
-
C
C,
C
C
C
C
C
-
Parking for commercial uses
-
-
-
-
-
-
P
P
-
Nonprofit clubs and lodge halls
-
-
-
-
-
-
P
P
-
Convalescent facilities
-
-
-
-
-
-
P
P
-
Golf courses
C
C
C,
C
C
C
C
C
-
Home occupations
P
P
P
P
P
P
P
P
P
Construction trailers 6
P
P
P
P
P
P
P
P
P
Short term rentals
-
-
-
-
-
-
-
-
-
Table 17.06.030
Residential Districts
Description of Use
HR
RR
VL
L-
1 L-
2 LM
M
H
HR-
SM
Animal Keeping's
=
P
P
P
P
P
P
P
Apiaries or Beekeeping12
=
P
P
P
P
P
P
P
=
Poul
=
P
P
P
P
P
P
=
_
Outdoor aviary
-
P
P
P
P
P
P
P
-
Footnote 12: Subject to the supplemental development standards contained in Chapter 6.04 of this code.
Section 4. Table 17.08.030 (Schedule of Permitted Uses Commercial/Office/Industrial Districts) of Section 17.08.030 (Use Regulations) of Chapter 17.08 (Commercial/Office/Industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows (with additions shown in underlined text and deletions shown in strikethrough text), with all other provisions remaining unchanged.
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
A
Adult businesses —subject to Chapter 17.09 of the
C
C
C
-
-
-
Temecula Municipal Code
Aerobics/dance/gymnastics/jazzercise/martial arts
P
P
P
C
studios (greater than 5,000 sq. ft.)
Aerobics/dance/gymnastics/jazzercise/martial arts
C
P
P
P
C
C
-
studios (less than 5,000 sq. ft.)
Airports
-
-
-
-
-
C
C
Alcoholism or drug treatment facilities
-
C
C
C
C
-
-
Alcoholic beverage manufacturing'
-
-
-
C
-
P
P
Alcoholic beverage manufacturing with live
_
_
_
C
-
C
C
entertainment'
Alcoholic beverage sales
See Section 17.10.020, Supplemental
development standards.
Ambulance services
-
-
P
P
-
P
P
Animal hospital/shefte
P
P
P
-
P
P
Animal keeping
-
-
-
-
-
-
-
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
Animals - large (cattle, horses and mules)'
P
Pio
P
P
Pio
P
P
Animals - small (burros, goats, pigs, ponies and
P
Pio
P
P
Pio
P
P
sheeII19
Animal shelter'
-
C
C
C
-
C
C
Aviary (outdoor)
P
Pio
P
P
Pio
P
P
Antique restoration
-
C
C
C
-
C
P
Antique sales
P
P
P
P
-
-
I -
Apiaries or beekeeper
P
P' °
P
P
P' °
P
P
Apparel and accessory shops
P
P
P
P
-
-
-
Appliance sales and repairs (household and small
appliances)
P
P
-
P
-
C
C
Arcades (pinball and video games)'
-
C
C
C
-
-
-
Art supply stores
P
P
P
P
-
-
-
Auction houses
-
-
C
P
-
C
C
Auditoriums and conference facilities
-
C
C
C
C
C
C
Automobile oil change/lube services with no major
repairs
C
P
P
P
Automobile painting and body shop
-
-
-
C
-
-
P
Automotive parts - sales
P
P
P
P
-
-
P
Automobile rental
-
C
C
P
-
-
P
Automobile repair services
-
C
C
P
-
-
P
Automobile sales (wholesale or autobroker only)
with no outdoor/storage of vehicles
C
C
P
-
C
C
Automobile sales with only indoor display/storage
of vehicles
C
C
P
-
C
C
Automobile sales with only outdoor display/storage
of vehicles'
C
-
-
C
Automobile salvage yards/impound yards
-
-
-
-
-
-
C
Automobile service stations with or without an
automated car wash'
P
P
P
C
C
P
Automobile service stations selling beer and/or wine
- with or without an automated car wash'
_
C
C,
C,
C,
C,
C'
Table 17.08.030
Schedule of Permitted Uses
Commercial/Office/Industrial Districts
Description of Use
NC
CC
HT
SC
PO
BP
LI
K
Kennels' (Commercial Kennels) and Commercial
C
-
C
-
C
C
Cattery, and Dog/Cat Training Center'
N
Nightclubs/dance club/teenclub/comedy club
-
C
C
C
-
-
-
Noncommercial cattery
-
-
-
-
-
-
-
Noncommercial kennel
-
-
-
-
-
-
-
Nurseries (retail)
-
C
C
P
-
-
P
Nursing homes/convalescent homes
C
C
C
C
C
-
-
P
Paint and wallpaper stores
-
P
P
P
-
-
-
Parcel delivery services
P
P
P
P
P
P
P
Parking lots and parking structures
-
C
C
C
C
P
P
Pawnshop
-
P
P
P
-
-
-
Personal service shops
P
P
P
P
P
P
-
Pest control services
-
C
-
C
-
P
P
Pet grooming/pet shop
P
P
P
P
-
P
P
Photographic studio
P
P
P
P
P
P
-
Plumbing supply yard (enclosed or unenclosed)
-
-
-
C
-
P
P
Postal distribution
-
-
-
-
-
-
P
Postal services
P
P
P
P
P
P
-
Poult1y,
P
P10
P
P
P10
P
P
Printing and publishing (newspapers, periodicals,
books, etc.)
-
C
-
P
C
P
P
Private heliport'
-
-
-
-
C
C
C
Private heliport or hospital'
-
C
C
C
C
C
C
Private utility facilities (regulated by the Public
Utilities Commission)
P
P
P
P
P
P
P
Footnote 9: Subject to the supplemental development standards contained in Chapter 6.04 of this code.
Footnote 10: These uses are prohibited within any multifamily residential use within these zones.
Section 5. Subsection A (Agricultural Uses) of Section 17.10.020 (Supplemental Development Standards.) of Chapter 17.10 (Supplemental Development Standards) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended in its entirety to read as follows:
"A. Agricultural Uses.
1. Permitted Uses. The following agricultural uses are permitted by right in all zones, except the hillside residential and open space/conservation. a. Farms of orchards, trees, field crops, truck gardening, flowering gardening, and other similar enterprises carried on in the general field of agriculture. b. 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.
c. 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.
2. Conditional Use Permit Required. The following agricultural uses are permitted with a conditional use permit, except in the open space/conservation zone. a. 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.
b. 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."
Section 6. Section 17.34.010 (Definitions and illustrations of terms.) of Chapter 17.34 (Definitions of Terms) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add a definition for "Animal Keeping", "Commercial cattery", "Commercial kennel", "Noncommercial kennel", and "Noncommercial cattery" to read as follows, with all other provisions of Section 17.34.010 remaining unchanged:
"Animal Keeping" means uses such as frog farms; worm farms; the keeping and raising of more than four chinchillas, nutria, hamsters, guinea pigs, cavy, rabbits and similar small animals; and the keeping and raising of exotic animals, including the keeping of exotic animals as pets. "Commercial cattery" means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. 6 "Commercial kennel" means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose. "Noncommercial cattery" means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age. "Noncommercial kennel" means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age.
Section 7. Conflicting City Ordinances Superseded as to Animal Law Ordinance. If any section of the City of Temecula Municipal and/or Zoning Codes conflicts with any provision of this Animal Law Ordinance that section of the City of Temecula Municipal and/or Zoning Codes are superseded.
Section 8. Effective Date of Ordinance. This Ordinance shall take effect and be in full force and operation thirty (30) days after its second reading and adoption.
Section 9. California Environmental Quality Act (CEQA) Exemption. Pursuant to Section 15061, subdivision (b)(3) of Title 14 of the California Code of Regulations, the Ordinance is exempt from CEQA, because the "activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." Section 10. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Animal Law Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Animal Law Ordinance. The City Council hereby declares that it would have adopted this Animal Law Ordinance, and each section, subsection subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 11. City Clerk Action. The City Clerk is authorized and directed to cause this Animal Law Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933, subdivision (a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 36933, subdivision (c).
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of ,
Matt Rahn, Mayor
ATTEST:
Randi Johl, City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 2022- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 24th day of May, 2022, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
TITLE 6: ANIMALS
Chapters:
6.04 Animals and Animal Control Officers
6.06 Mandatory Spaying, Neutering and Microchipping
6.08 Animal Keeping Standards
6.12 Animals Running at Large
CHAPTER 6.04: ANIMALS AND ANIMAL CONTROL OFFICERS
Sections:
6.04.010 Definitions.
6.04.020 Animal control fees.
6.04.030 Dog licensing.
6.04.040 Vaccination requirements.
6.04.050 License information — Tags.
6.04.060 Kennel and catteries.
6.04.070 Kennel or cattery permit/license — Application and issuance conditions.
6.04.080 Record of dogs and cats sold.
6.04.090 Kennel, cattery and pet shop inspections.
6.04.100 Sale or adoption of cats or dogs.
6.04.110 Sterilization of adopted animals.
6.04.120 Nonprofit corporations.
6.04.130 Duties of Animal Control Officer.
6.04.140 Animal Control Officers — Enforcement duties — Entry upon private property.
6.04.150 Dog and cat impoundment regulations.
6.04.160 Unlawful acts designated.
6.04.170 Transporting animals.
6.04.180 Animals unattended in a motor vehicle.
6.04.190 Use of streets, sidewalks, and public places.
6.04.200 Traps and cages.
6.04.210 Crimes against animals.
6.04.220 Animal sanitation.
6.04.230 Female dogs and cats in heat (estrus).
6.04.240 Isolation of animals — Rabies precaution.
6.04.250 Noisy animals.
6.04.260 Vicious or unsafe dogs.
6.04.270 Exotic animals.
6.04.280 Violation — Penalty.
6.04.290 Constitutionality — Separability.
10 SECTION 6.04.010: Definitions.
Whenever in this chapter the following terms are used, they shall have the meaning ascribed to them in this section unless it is apparent from the context thereof that some other meaning is intended:
A. "Adequate shelter" means an area that has adequate space for the size animal being kept, and that area shall contain a shelter that would humanely house said animal from the elements.
B. "Animal Control Agency" or "Animal control" shall mean the City or its designee, which may specifically include the City's contractor of animal services.
C. "Animal control director" or "Director" means the Executive Director or similar executive officer of the Animal Control Agency or their designee.
D. "Animal control officer" means any person duly appointed to carry out the provisions of this chapter by the City or the City's contracted Animal Control Agency.
E. "Animal Hospital" shall mean a place where animals or pets are given medical or surgical treatment, and where the boarding of the same animals is limited to short-term periods incidental to the hospital care.
F. "Animal Shelter" shall mean the facility or facilities operated by the City or its authorized contract provider of animal services for the purpose of impounding or caring for animals under the authority of this code or state law.
G. "At large" means any dog which is off the premises of its owner, custodian or caretaker and which is not under physical restraint by a leash of a size and material appropriate to the size and temperament of the dog and which is held by a person capable of restraining such dog, or is not otherwise physically restrained by some other device or instrumentality, except that such device or instrumentality shall not include voice control, eye control or signal control of the dog by any person, device or instrumentality.
H. "City" shall mean the City of Temecula.
I. "Commercial cattery" means any building, structure, enclosure, or premises whereupon, or within which, five or more cats four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
J. "Commercial kennel" means any building, structure, enclosure, or premises whereupon, or within, five or more dogs four months of age or older are kept or maintained, for financial profit for the purpose of boarding, breeding, training, marketing, hire or any other similar purpose.
IF
K. "Crowing fowl" means a male chicken, peafowl, rooster, guinea fowl or other male domestic fowl.
L. "Dog or cat owner" means the registered owner, licensed owner, or any person harboring, pet sitting, caretaking, having custody of, or being in charge of the dog or cat.
M. "Domesticated animal" means any animal that is tractable or tame by nature, generally accustomed to living among humans, and commonly kept as pets or as livestock.
N. `Electrified fence" means an accepted and approved form of fencing providing an electrified perimeter within, and attached to a board, chain link, or black wall fence.
Habitual runaways or "at large" offenders can be mandated to install this device per the Animal Control Agency.
O. `Estrus" sometimes referred to as "in heat" means a regularly recurrent state of sexual receptivity during which the female of most mammals will accept the male and is capable of conceiving.
P. `Euthanize" means the act of killing or permitting the death of a terminally ill or hopelessly injured animal by using a humane, painless method for reasons of mercy.
Q. "Exotic animal" means a non-native animal and/or animal of a non -domesticated order or family, and any hybrid of an exotic animal that is permitted by federal and state law for keeping as a pet, unless otherwise restricted by this title. Permitted exotic animals include those species commercially available at retail pet stores in the state such as: non -venomous snakes, non-poisonous small reptiles, non-poisonous amphibians, tortoises, ferrets, exotic birds, hedgehogs, and non-poisonous insects. Any venomous or otherwise dangerous reptile, arachnid, mammal or carnivorous wild animal is hereby excluded from this definition.
R. "Fowl" means and includes any chicken, duck, turkey, goose, peafowl, guinea fowl, or other domestic fowl of any sex.
S. "Impounded" means an animal having been received into the custody of the Animal Control Officer authorized under the provisions of this chapter.
T. "License inspections" means door-to-door canvassing by an Animal Control Officer for the purpose of determining whether dogs or cats have been vaccinated and are properly licensed.
U. "Noisy animal" means any animal or animals maintained on the same premises or location whose excessive, unrelenting, or habitual barking, howling, crying, or other noise or sounds annoy or become offensive to a resident or residents in the vicinity thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area.
12 V. "Noncommercial cattery" means any building, structure, enclosure or premises whereupon, or within which, five to 10 cats, four months of age or older, are kept or maintained for noncommercial reasons. Each cat must be altered by six months of age.
W. "Noncommercial kennel" means any building, structure, enclosure or premises whereupon, or within which, five to 10 dogs, four months of age or older, are kept or maintained for noncommercial reasons. Each animal shall be individually licensed at four months and altered upon reaching six months of age.
X. "Owner" means any person who intentionally provides care or sustenance for any animal, including but not limited to a dog or cat, for any period greater than thirty (30) days.
Y. "Person" means any individual, firm, partnership, joint venture, corporation, association, club or organization.
Z. "Pet shop" means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell or rent such live animals to the public or to retail outlets.
AA. "Potentially dangerous or vicious confinement" means any confinement of dog or other animal deemed potentially dangerous or vicious by the Animal Control Agency and which may be required to be contained in a chain link kennel of 11- or nine -gauge wire, with the dimensions: minimum 12 feet by six feet high, to be entirely enclosed with an attached chain link top, to include an end protective area from the weather no less than four feet on top and four feet on either side, to be constructed with plywood or fiberglass on the outside of the kennel. Chain link is to be set in concrete flooring around the base of the kennel, and the kennel must be reinforced with a top and lower retaining rail; top is for support and the bottom is to serve as a safety guard against dog pulling chain link out of concrete.
BB. "Potentially dangerous or vicious animal" means any animal which has bitten a person or animal without provocation, or which has a disposition or propensity to attack or bite any person or animal.
CC. "Public places" means and shall include, without limitation, streets, highways, fronts of places of business, carnivals, flea markets, swap meets and sidewalks.
DD. "Sentry dog" means any dog trained to work without supervision in a fenced facility and to deter or detain unauthorized persons found within the facility.
EE. "Service animal" means any dog, and in some cases described below, a miniature horse, being reared, trained, or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained, or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work 13 or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.
Miniature horses may be considered "service dogs" if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations.
FF. "Unlicensed dog" means any dog four months of age or older, for which no valid license is currently in force within the incorporated area.
GG. "Vaccination" means an inoculation against rabies of any dog or cat four months of age or older of any vaccine prescribed for that purpose by the California Department of Health Services.
HH. "Wild animal" means any animal which is not commonly a domesticated animal or normally kept as a household pet, listed as protected by federal or state law, or which may be perceived as wild or predatory in nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, or property if not kept, maintained, or confined in safe and secure manner.
SECTION 6.04.020: Animal control fees.
Fees, penalties, and charges related to animal control shall be established by resolution of the City Council, which may be amended from time to time.
SECTION 6.04.030: Dog licensing.
A. It is unlawful for any person to own, harbor or keep any dog four months of age or older within the City for a period longer than thirty (30) days, unless there is attached to such dog a valid license tag obtained from the Animal Control Agency.
B. A license will be issued for each dog upon, proof of vaccination provided, and payment of a license fee established pursuant to Municipal Code Section 6.04.020. Said license shall be valid for a period of one (1), two (2), or three (3) years. The license issued shall be linked to the animal's vaccine expiration and shall be renewed within thirty (30) days after such period terminates. In no case shall a license be issued for any period of time for which no documented vaccine is provided.
C. If an application for a license is made more than thirty (30) days after the date such license is required, the applicant shall pay a penalty established pursuant to Municipal Code 14 Section 6.04.020. If a valid license tag is lost or destroyed, a duplicate thereof may be procured from the Animal Control Agency upon submission of proof of loss and payment of the fee established pursuant to Municipal Code Section 6.04.020.
D. Any dog owned by a person moving into Temecula that has a current dog license issued by a city or county within the State of California will be honored for a maximum of one (1) year or until the dog's rabies vaccination has expired, whichever occurs first. A Temecula dog license shall be applied for prior to expiration of the non -Temecula dog license or rabies vaccine expiration, whichever occurs first.
E. No fee shall be required for a license for any service animal.
SECTION 6.04.040: Vaccination requirements.
A. The Animal Control Agency (or their designee) shall be provided the following prior to issuance of a dog license:
i. A completed dog license application.
11. The fee for the dog license as set by City Council Resolution, which may be amended from time to time.
ill. A certificate of vaccination signed by a California licensed veterinarian that includes:
1. Name of dog
2. Breed, age, weight of dog and physical description.
3. Date of rabies vaccination administered, manufacturer, and expiration.
4. Name and address of dog owner(s).
5. Address where dog is to be kept, if different than above.
B. Each veterinarian after vaccinating any dog shall sign a certificate of vaccination in triplicate in the form required by the Director. The veterinarian shall keep one copy, shall give one copy to the owner of the vaccinated dog, and shall send one copy to the Animal Control Agency. The owner shall retain his or her copy of the certificate in a safe place for so long as he or she shall continue to own the dog or until such time as the dog is vaccinated again, at which time the new certificate shall be retained as above indicated.
SECTION 6.04.050: License information — Tags.
A. Every license issued shall clearly state:
i. The name and residential address of the person who is being issued the license; ii. The amount paid for the license;
iii. The date when the license was issued;
iv. The date when the license will expire;
v. A description of the dog to include name, age, breed, sex, and color(s); and vi. The unique number of the durable tag accompanying such license.
B. Every commercial kennel or commercial cattery license in addition to the above, shall state the maximum number of each species of animal that may be kept in such kennel or cattery.
SECTION 6.04.060: Commercial Kennels and Commercial Catteries.
A. Prior to issuance of an annual license from the Animal Control Agency per Municipal Code Section 6.04.070, all commercial kennels or commercial catteries are required to obtain a 15 Conditional Use Permit in accordance with Municipal Code Section 6.08.010 (Animal Keeping Standards), an annual business license from the City, and any other license or permit as may be required by the City or another governing body to operate a kennel or cattery.
i. Commercial kennels and commercial catteries shall be considered as one and the same for the purposes of permitting.
B. It is unlawful for any person to own or operate a commercial kennel, commercial cattery, or a pet shop without obtaining a permit from the Animal Control Agency or their designee.
Said license shall be valid for a period of one year following issuance and shall be renewed within thirty (30) days after such period terminates.
C. If an application for a license is made more than thirty (30) days after the date such license/permit is required as stated on the license, the applicant shall pay a penalty established pursuant to Municipal Code Section 6.04.020.
SECTION 6.04.070: Commercial Kennel, Commercial Cattery, and Pet Shop permit/license — Application and issuance conditions.
A. Acknowledgment of Standards. A copy of the applicable standards will be supplied to the applicant with each request for an application for a permit, and the applicant shall acknowledge receipt of such standards and agree to comply with them and to allow inspections at reasonable times by signing the application form.
B. Application for a commercial kennel, commercial cattery or pet shop permit/license shall be filed with the Animal Control Agency no later than ten (10) days after obtaining all required permits and licenses from the City, approved City permits shall be presented to the Animal Control Agency. After receipt of the application, the Animal Control Agency or their designee shall make, or cause to be made, an examination of the commercial kennel, commercial cattery, or pet shop, and the permit/license shall be issued if the commercial kennel, commercial cattery or pet shop in the opinion of the Animal Control Agency or their designee satisfactorily meets each of the following conditions:
i. The commercial kennel, commercial cattery or pet shop is constructed, equipped and maintained so as to continuously provide a healthful and sanitary environment for all animals, including dogs and cats kept, or to be kept therein; ii. There is adequate shelter from the elements and sufficient space for exercise; iii. There is ample and healthful food and potable water, and adequate sanitary facilities for the storage of such food and water;
iv. There are provisions made for the removal and disposal of animal and food wastes, bedding, and debris. Disposal facilities shall be so provided and operated to minimize vermin infestation, odors, and disease hazards in compliance with local laws;
v. There are adequate drainage facilities;
vi. There is adequate and effective means of the control of insects and rodents, and such control is vigorously and continually maintained;
vii. The person applying for the permit/license has not been convicted of a crime of cruelty to animals in this or any state;
16 viii. Sick animals are separated from those appearing healthy and normal and, if for sale, removed from display and sale. No person knowingly sells a sick or injured animal or bird. Sick animals are kept in isolation quarters with adequate ventilation to keep from contaminating well animals;
ix. An employee or owner physically visits the premises to feed, water, and perform necessary cleaning of animals and birds on days the store or shop is closed; x. Living quarters for human habitation shall not be considered adequate for a commercial kennel or commercial cattery or a pet shop; and xi. Adequate records are maintained for all animals.
C. The Animal Control Agency or its designee shall have the authority to enter upon the premises in which a commercial kennel, commercial cattery or pet shop is located for the purpose of determining whether such commercial kennel, commercial cattery, or pet shop satisfactorily meets the conditions set forth in this chapter.
D. The Animal Control Agency may deny an application for a permit/license required by this chapter, whether original or renewal, or suspend or revoke such a permit/license if it finds that any commercial kennel, commercial cattery or pet shop fails to meet any of the conditions set forth in this chapter, or the premises within which dogs or cats are kept or maintained as provided in this chapter fail to meet any of the conditions set forth herein.
The Animal Control Agency shall prepare a notice of denial of an application, or suspension or revocation of a permit/license, setting forth the reasons for such a denial, suspension or revocation. Such notice shall be served personally on the applicant or licensee. Such notice of denial, suspension or revocation may be appealed by filing with the City, within fifteen (15) days after notice of such denial, suspension or revocation, a written notice of appeal briefly setting forth the reasons why such denial, suspension or revocation is not proper and by paying the fee for appeal established pursuant to Municipal Code Section 6.04.020. Failure to file an appeal within fifteen (15) days as set forth above, waives the right of appeal. The City Clerk shall give notice to the appellant by regular mail of the time and place of the hearing. Such appeal shall be heard by the City Manager within thirty days of a timely written notice of appeal being submitted to the City Clerk. In conducting the hearing, the City Manager shall not be limited by the technical rules of evidence. Within fifteen (15) days of the conclusion of the hearing, the City Manager shall issue a written decision either affirming, amending or reversing the decision of the Animal Control Agency.
SECTION 6.04.080: Records of dogs and cats sold.
All commercial kennels, commercial catteries, and pet shop operators shall maintain records of all dogs and cats sold of any age. Records shall include the new owner's name, address and the description of the dog or cat sold including breed, color, sex, month and year of birth, and veterinarian records. Copies of these records shall be provided to the Animal Control Agency or their designee monthly within ten (10) calendar days after the last day of each month.
SECTION 6.04.090: Commercial kennel, commercial cattery, and pet shop inspections.
Because of the need to adequately protect animals within commercial kennels, commercial catteries and pet shops from unhealthy conditions and practices, reasonable inspection 17 requirements dictate that the Animal Control Agency or their designee shall have the right to inspect commercial kennels, commercial catteries and pet shops at reasonable times and upon reasonable notice, as a condition of the issuance of a commercial kennel, commercial cattery or pet shop permit/license.
SECTION 6.04.100: Sale or adoption of cats or dogs.
A. Any person who provides or offers to the public, whether or not for compensation, a cat or dog for adoption shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the Animal Control Agency.
B. Any person offering pets for sale or adoption shall disclose to any purchaser or adoptive owner information regarding the licensing requirements of the City applicable to such animal.
C. Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered as early as is medically appropriate, unless the adoptive owner obtains a certificate from a licensed veterinarian certifying as to the health reasons for failing to alter such animal.
SECTION 6.04.110: Sterilization of adopted animals.
A. Any person who provides or offers to the public, whether or not for compensation, services for the sterilization of a dog or cat shall provide to their clients, free of charge, information relating to pet care and ownership, including information on City laws pertaining to animal control. This required information will be prepared and provided by the City or the City's contractor for animal control services.
B. If a veterinarian licensed to practice veterinary medicine in this State certifies that the dog or cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the dog or cat to be spayed or neutered, the adopter or purchaser shall pay the Animal Control Agency a deposit in an amount set by Resolution of the City Council, which may be amended from time to time. The deposit shall be temporary and shall only be retained until the dog or cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this State. The dog or cat shall be spayed or neutered within fourteen (14) business days of that certification. The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation. If the adopter or purchaser presents proof of spaying or neutering to the Animal Control Agency within thirty (30) business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit.
SECTION 6.04.120: Nonprofit Corporations.
A nonprofit corporation formed pursuant to the provisions of the California Corporation Code commencing with Section 10400 for the prevention of cruelty to animals shall not be required to pay a fee for the licenses required by this chapter. Except for fees, all other provisions of this chapter shall be applicable to any such nonprofit corporation. 18 SECTION 6.04.130: Duties of Animal Control Officer.
It shall be the duty of the Animal Control Officer:
A. To receive, take up and impound:
i. Any dog or cat found running at large in violation of this chapter or of any law of the State of California.
ii. Any dog or cat which is molesting any person.
iii. Any cat or dog which is molesting or harassing animals, birds, or pets upon the premises of any person.
iv. Any dog or cat which is found running at large while in heat (estrus).
B. To regularly and adequately feed, water, and otherwise care for all animals impounded under the provisions of this chapter, or to provide for such feeding and watering.
C. To investigate the condition and behavior of any dog which he or she has reason to believe is vicious or dangerous, and if he or she finds such dog to be vicious in its habits, he or she shall report their findings in person, in writing, on the phone, online, or by mail to the owner of such dog if the name and whereabouts of said owner are known, and if unknown, then the dog shall be impounded.
D. To follow provisions of Penal Code Section 597.1 (or any subsequent legislation) in humanely euthanizing or giving emergency care to sick or injured dogs or cats.
E. To do and perform any other acts necessary to carry out the provisions of this chapter and of the laws of the State.
F. Make such reports to the Animal Control Agency and City Council as they may require, relative to his or her duties as Animal Control Officer and the performance of his or her duties in accordance with this chapter.
SECTION 6.04.140: Animal Control Officers — Enforcement — Entry upon private property.
It shall be the duty of all peace officers to cooperate with and assist the Animal Control Officer in the enforcement of the provisions of this chapter. Unless otherwise prohibited by law, all persons whose duty it is to enforce the provisions of this chapter are hereby empowered to enter upon private property where any dog or cat is kept or believed to be kept for the purpose of ascertaining whether any dog or cat is harbored in violation of any of the provisions of this chapter, subject to constitutional and statutory search and seizure laws.
SECTION 6.04.150: Dog and cat impoundment regulations.
A. No impounded animal shall be redeemed except on payment of all appropriate fees established pursuant to Municipal Code Section 6.04.020. No dog which is to be kept or harbored within the corporate limits of the City of Temecula shall be released from the shelter unless or until it is duly licensed in accordance with the provisions of this chapter.
No unredeemed dog or cat shall be sold if or while the same is suffering from any infectious or communicable disease.
19 B. Any officer acting under the provisions of this chapter and impounding a licensed dog shall give notice in person or by regular mail to the last known address of the owner of the impounding of such dog or cat. If such dog or cat is not redeemed within ten (10) days from the date of the giving of such notice, the officer having custody of the dog shall dispose of it in accordance with the provisions of Tile 6 or shall have the dog or cat euthanized.
C. Upon impounding an unlicensed dog or cat, the officer shall give notice in person or by regular mail to the owner, if known, of the impounding of such dog or cat. If such dog or cat is not redeemed within five (5) days after such notice has been given, the officer shall dispose of such dog or cat in accordance with the provisions of Title 6 or shall have the dog or cat euthanized.
D. The officer having custody of any impounded dog or may, by humane methods, summarily euthanize said dog if:
i. The dog or is suffering from any incurable, dangerous or contagious disease, providing a licensed veterinarian shall certify, in writing, that such dog or cat is so suffering; or
ii. It is an unlicensed vicious dog.
E. The Animal Control Officer may not sell, give away or otherwise transfer title of any dog, cat or any other animal to any person, or institution for use in the diagnosis or treatment of human or animal disease or in research for the advancement of veterinary, dental, medical, or biological sciences or in the testing or diagnosis, improvement or standardization of laboratory specimens, biologic products, pharmaceuticals, or drugs.
SECTION 6.04.160: Unlawful acts designated.
It is unlawful:
A. For the owner of any dog to fail, neglect or refuse to obtain a license for each dog as required by this chapter.
B. For an owner of any dog to fail or neglect to keep fastened to such dog the tag as provided in this chapter. The tag shall be attached at all times to a collar, harness or other suitable device upon the dog for which the license tag was issued.
C. For any person to interfere with, oppose or resist the Animal Control Officer or other person charged with the enforcement of this chapter, while the Animal Control Officer or such other person or persons are engaged in the performance of their duties under this chapter.
D. For any person to attach any current license tag on any dog other than the dog for which such tag was originally issued.
E. For any person other than the owner to remove from any dog any tag which has been attached to such dog pursuant to the provisions of this chapter or for any person to counterfeit or imitate any such tag or attach a counterfeit or imitation tag to any dog or to possess any such counterfeit tag.
20 F. For the owner or person in charge thereof of any vicious dog to fail, neglect, or refuse to keep posted in a conspicuous place at or near the entrance and around the premises on which said dog is kept, a sign having letters at least two inches in width and reading "BEWARE OF VICIOUS DOG." No vicious dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal.
G. For any person to remove an impounded animal from an Animal Control Center without the consent of the officer in charge thereof.
H. For the owner or person in charge of any dog, whether licensed or unlicensed, to permit such dog to roam, stray or run at large in, or into any location within the City of Temecula.
I. For any person, after being informed in writing that such person's animal has been declared a noisy animal in accordance with the provisions of Municipal Code Section 6.04.245 and that the maintenance of a noisy animal is a public nuisance, to fail, refuse or neglect to take whatever steps or use whatever means are necessary to assure that such animal does not again disturb residents in the vicinity in which the animal is kept.
J. For any person to abandon any animal without care on any public or private property. Any animal abandoned may be impounded and disposed of in a humane manner. At least seventy-two (72) hours prior to the impoundment of an animal believed to be abandoned, a notice shall be posted on the property on which said animal is being kept. Notice shall be given in person or by regular mail to the last known address of the owner or person entitled to possession thereof (if known), that the animal will be impounded if contact is not made with the Animal Control Agency within seventy-two (72) hours. When it is found that a house is vacant or condemned, the animal may be removed immediately and held for five (5) days. If, in the opinion of the Animal Control Officer, immediate impoundment is necessary for the preservation of the public health or safety, or the health and welfare of the animal, said animal shall be impounded and held for five (5) days, pending contact of the owner or person having control of said animal.
K. For the owner or person in charge thereof of any sentry dog to fail, neglect or refuse to keep posted in a conspicuous place at or near the entrance to the premises on which said dog is kept, a sign having letters at least two inches in width and reading "SENTRY DOG ON DUTY." No sentry dog shall be permitted to leave the premises of the owner or person in charge thereof unless such dog is under the immediate control and physical restraint of such owner or person.
L. For the owner or person in charge thereof of any vicious dog to fail to comply with an order pursuant to Municipal Code Section 6.04.260.
21 SECTION 6.04.170: Transporting animals.
It is unlawful for any person to transport an animal in a motor vehicle upon any street within the City of Temecula unless the animal is fully enclosed within the vehicle or is protected by a belt, two-way tether cage, container or any other device that will prevent the animal from falling, jumping, or being thrown from the motor vehicle.
SECTION 6.04.180: Animals unattended in a motor vehicle.
A. It is unlawful for any person to leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
B. This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal's safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
i. A person who removes an animal from a vehicle in accordance with this section is not criminally liable for actions taken reasonably and in good faith if the person does all of the following:
1. Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle.
2. Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one.
3. Has contacted a local law enforcement agency, fire department, animal control, or "911" emergency services prior to forcibly entering the vehicle.
4. Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, firefighter, animal control officer, or another emergency responder arrives.
5. Uses no more force to enter the vehicle to remove the animal than is necessary under the circumstances.
6. Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who arrives at the scene.
C. This section does not prevent a peace officer, firefighter, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal's safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal.
i. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to the nearest animal control agency, or other place of safe keeping or, if the officer deems 22 necessary to a veterinary clinic or hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. ii. A peace officer, firefighter, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. iii. A peace officer, firefighter, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing the officers name and address of location where said animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal and requirements of Municipal Code Section 6.04.150.
D. There shall not be any civil liability on the part of, and no cause of action shall accrue against, a person for property damage or trespass to a motor vehicle if the damage was caused while the person was rescuing an animal in accordance with subsection (B) of Municipal Code Section 6.04.180 Animals unattended in a motor vehicle. i. The immunity from civil liability for property damage to a motor vehicle that is established by subsection (D)does not affect a person's civil liability or immunity from civil liability for rendering aid to an animal.
E. The City, it's elected officials, employees, volunteers, contractors, or other persons performing work for the City shall not bear any liability, civil or criminal, for damages to property when an animal is removed from a vehicle in accordance with Municipal Code Section 6.04.180 of this code.
F. This section shall not be applicable to animals which are in a peace officer's vehicle or an animal control vehicle while such officers are engaged in their regularly assigned duties.
G. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes.
SECTION 6.04.190: Use of streets, sidewalks, and public places.
It shall be unlawful for any person to display, sell, offer for sale, barter, or give away, upon any street, sidewalk, or other public place within the City of Temecula as pets or novelties any fish, turtle, snake, lizard, chameleon, bird, cat, dog, fowl, guinea pig, rabbit, or other reptile or animal.
SECTION 6.04.200: Traps and cages.
Humane traps that have been approved by the Animal Control Officer are permitted within the City of Temecula to be used to confine animals running at large on the private property of persons.
23 A. A sign, clearly visible from the road servicing the property, shall be posted on the property stating that such a trap is in use.
B. Trapping shall not continue for more than ten (10) days in a thirty (30) day period, unless monitored by an Animal Control Officer.
C. All animals trapped shall be taken to the local shelter or picked up by an Animal Control Officer.
D. If the situation is such that this may cause problems to the person trapping, the Animal Control Officer may give permission for trapping without a sign posted as long as the trapped animals are turned over to an Animal Control Officer.
SECTION 6.04.210: Crimes against animals.
A. Felony or Misdemeanor. Pursuant to State law, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the State prison, or by a fine of not more than $20,000 or by both the fine and imprisonment, or alternatively, by imprisonment in the County jail for not more than one year, or by a fine of not more than $20,000 or by both the fine and imprisonment.
B. Pursuant to State law, every person who tortures, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates or cruelly kills an animal, or causes or procures any animal who has been tortured, deprived of necessary sustenance, drink, or shelter, and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than $20,000.
i. This subsection (B) applies to any mammal, bird, reptile, amphibian, and fish; if any person is charged with a violation of this subsection (B) and the animal is a mammal, bird, reptile, amphibian, or fish that is an endangered, or threatened species (governed under Fish and Game Sections 2050 through 2098), the proceedings shall be subject to Section 12000 et seq. of the Fish and Game Code. ii. Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or the City, shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty shall be liable to the impounding agency for all cost of impoundment from the time of seizure to the time of proper disposition.
24 SECTION 6.04.220: Animal sanitation.
A. Any area occupied by any animal is to be maintained in a sanitary manner. Water is to be kept fresh, adequate food provided regularly and feces disposed of on no less than a biweekly basis. Any extreme conditions would be considered a cruelty and would be cited pursuant to Municipal Code Section 6.04.210.
B. It shall be unlawful for the owner or person having custody of any dog either willfully or through failure to exercise due care or control to allow said dog to defecate and to allow the feces thereafter to remain on any public or private property not owned or possessed by the owner or the person who has custody, control, or possession of the dog.
SECTION 6.04.230: Female dogs and cats in heat (estrus).
Dog and cat owners shall securely confine their female dogs and cats while in heat (estrus) within an enclosure in a manner that will prevent the attraction of male dogs or male cats to the immediate vicinity. Any person found in violation of this chapter is guilty of a misdemeanor.
SECTION 6.04.240: Isolation of animals — rabies precaution.
A. Whenever it is shown that any animal has bitten any person, the owner or persons having the custody or possession thereof shall, upon order of the Animal Control Officer, quarantine it and keep it confined at the owner's expense for a period of ten (10) days for cats and dogs, and fourteen (14) days for all other types of animals; and shall allow the Animal Control Officer or his or her representative to make an inspection or examination thereof any time during such period. Animals quarantined must not be removed from the premises without first obtaining written permission of the Animal Control Officer. The Animal Control Officer shall have the authority to impound any animal at the owner's expense if the owner fails or refuses to confine said animal.
B. If it is determined by the Animal Control Officer, after giving the order of quarantine mentioned in this section, that the dog is a vicious dog, although not afflicted with rabies, the Animal Control Officer shall thereupon order the person who owns or has the custody of the dog to take actions to prevent it from biting or having the opportunity of biting any person. Failure to do so on the part of the owner or person having custody of the dog shall constitute a violation of this chapter.
C. The Animal Control Officer may, at his or her discretion, post or cause to be posted an appropriate sign on any premises where a dog has been quarantined pursuant to this chapter to warn the public of the fact. It is unlawful for any person to remove the sign posted pursuant to this section without first obtaining written permission of the Animal Control Officer.
D. If it appears to the Animal Control Officer that a dog or other animal has rabies, he or she may euthanize such animal forthwith, or hold the animal for further examination for such time as he or she may consider advisable.
E. Whenever any animal is bitten by another animal having rabies, or shows any symptoms of rabies, the owner or person having possession of the animal shall immediately notify the 25 Animal Control Officer, and confine the animal, and keep it confined until it is established to the satisfaction of the Animal Control Officer that it does not have rabies. The Animal Control Officer shall have the power to quarantine any such animal or impound it at the owner's expense if the owner or person having possession thereof fails to confine such animal immediately, or in case the owner or person having possession thereof is not readily accessible.
F. Whenever the Animal Control Officer determines that an epidemic of rabies exists or is threatened, he or she shall have the authority to take such measures as may be reasonably necessary to prevent the spread of the disease, including the declaration of a quarantine against any or all animals in any area of the City as the Animal Control Officer may determine and define, for a period of not more than one hundred and twenty (120) days.
An additional or extended quarantine period may also be declared if the same shall be deemed necessary by the Animal Control Officer for the protection and preservation of the public health, peace, and safety. Any quarantine declared under the provisions of this section other than as restricted herein shall be upon such conditions as the Animal Control Officer may determine and declare.
G. The City of Temecula may enter into a written agreement or agreements with any veterinarian licensed by the State of California, or any organized humane society or association, which will undertake to carry out the provisions of this chapter and maintain and operate a pound and license, take up, impound and dispose of animals. Any such veterinarian or society or association which enters into an agreement shall carry out all the provisions of this chapter in the manner herein prescribed.
SECTION 6.04.250: Noisy animals.
A. Declaration of Noisy Animal as Public Nuisance. It is a public nuisance for any person to cause or permit any animal in his or her care, custody or control, to bark, howl, or cry or make any noises or other sounds so as to annoy and become offensive to a resident or residents in the vicinity in which the animal is kept thereby disturbing the peace of the neighborhood or causing excessive discomfort to any reasonable person of normal sensitivity residing in the area.
B. Investigation — Issuance of Notice. Upon receipt of a complaint of a noisy animal, the Sheriff's Department or Animal Control Officer shall investigate such complaint. Based upon such investigation, if the Sheriff or the Animal Control Officer determines that such a nuisance exists or upon receipt of a written complaint signed by the complaining party under penalty of perjury regarding the existence of a noisy animal, the Sheriff or Animal Control Officer shall issue a noisy animal warning notice to the party responsible for the noisy animal. Such notice shall specify that the continued barking, howling, or other noise or sounds of such animal is in violation of the Temecula Municipal Code and that the nuisance must be abated to avoid further action by the City. The notice shall also state that if a further response to the same location is necessary because of the continuation of the public nuisance, the responsible party will be held liable to the City, or its designee, for the amount of the noisy animal response charge as well as for such further abatement proceedings authorized by this chapter. Such notice shall be served upon the responsible 26 party or, if such notice cannot be safely made, posted at the premises upon which the animal is located. A copy of the noisy animal warning notice shall be filed with the Animal Control Director. The Animal Control Director, or his or her designee, shall make a reasonable attempt to speak with the responsible party regarding the noisy animal warning notice within five days of its issuance.
If within five (5) days of the issuance of the noisy animal warning notice the Animal Control Director determines that the barking, howling, or other sound or cry was provoked and that such barking, howling, or other sound or cry was not excessive, unrelenting, or habitual, the Animal Control Director shall cause the noisy animal warning notice to be voided and the person to whom it was issued shall be so notified. Once voided, the noisy animal warning notice shall not be considered to have been issued for purposes of this chapter.
C. Notice of Hearing. When the Animal Control Director receives a second verbal or written complaint concerning a noisy animal at the same location within six (6) months after the issuance of a noisy animal warning notice, the Animal Control Director, or his or her designee, shall determine if the noisy animal warning notice went unheeded. If the determination is made that the nuisance was not abated, the matter shall be set for hearing before an independent hearing officer designatedby the Animal Control Agency (the "Animal Control Hearing Officer") and notice of hearing shall be issued by the Animal Control Director, or his or her designee, to the owner or person having charge, custody, or control of the animal.
The notice of hearing constitutes written notice of violation of the Temecula Municipal Code and shall include the date, place, and time of the hearing. The notice of hearing shall advise that the person having charge, custody, or control of the animal may present evidence at the hearing. The notice of hearing shall be personally served or posted upon the premises where the animal is kept and sent by certified mail, return receipt requested.
In addition, the notice of hearing shall be delivered to any interested parties requesting notice of the hearing.
D. Hearing. The hearing before the Animal Control Hearing Officer shall be open to the public. The Animal Control Hearing Officer shall conduct the hearing and may admit all relevant evidence of the type that reasonable people rely on the course of serious affairs, notwithstanding the California Evidence Code, including incident reports and affidavits of witnesses. The Animal Control Hearing Officer may decide all issues even if the owner or person in charge, custody, or control of the animal fails to appear at the hearing. The Animal Control Hearing Officer may find, upon a preponderance of the evidence, that the animal is a noisy animal and that the maintenance of such noisy animal is a public nuisance.
The City Council of the City of Temecula may, by resolution, establish procedures and requirements for the notice and conduct of the hearing.
E. Determination and Order. Within ten (10) working days after the conclusion of the hearing held pursuant to subsection (D) of this section, the Animal Control Hearing Officer shall by certified mail, return receipt requested, notify the owner(s) or person(s) having charge, 27 custody, or control of the animal of the Officer's determination and any orders issued. If the Animal Control Hearing Officer determines that the animal is a noisy animal and that the maintenance thereof is a public nuisance, the owner or keeper of the animal shall comply with the Animal Control Hearing Officer's order within five days after the date of the mailing of the determination and order. The decision of the Animal Control Hearing Officer shall be final, subject to the provisions of State law.
F. Administrative Abatement Measures. The Animal Control Hearing Officer may, as part of its determination that the animal is a noisy animal and the maintenance thereof a public nuisance, direct that appropriate actions be taken to abate the nuisance, including without limitation one or more of the following:
i. Containment of the animal within an enclosed building on the premises of the animal's owner or of the person in charge, custody, or control of the noisy animal. ii. Require that the animal wear a noise suppression device obtained at the expense of the owner of the animal to reduce or eliminate the noise creating the nuisance. iii. Require that the animal undertake obedience training designed to abate the nuisance problem when appropriate and under the conditions imposed by the Animal Control Hearing Officer and at the expense of the animal's owner or the person having charge, custody, or control of said animal. iv. Restrict the time of day, days of the week, and duration when the animal may be placed out-of-doors on the premises of the owner or person in charge, custody, or control of the animal.
v. Require the animal to be debarked at the expense of the owner of said animal. vi. Require the owner or person in charge, custody, or control of the animal to permanently remove the animal from said property and outside the City limits vii. Require that the animal be impounded at the expense of the owner or person in charge, custody, or control of the animal in accordance with the fee schedule established pursuant to Municipal Code Section 6.04.020.
G. Noisy Animal Response Charge. The following shall apply on a subsequent noisy animal response by a Sheriff or Animal Control Officer within six months after the issuance of a noisy animal warning notice to a responsible party:
i. A noisy animal response charge shall be imposed if a subsequent response by a Sheriff or an Animal Control Officer is necessary to control or abate the public nuisance created by the noisy animal or to protect the public peace, health, or general welfare after the issuance of a noisy animal warning notice to a responsible party. The noisy animal response charge shall not exceed the actual and reasonable costs incurred in connection with the actions taken pursuant to this part. The provisions of this section are in addition to any other provisions of this chapter and any other provisions regarding public nuisances and shall supplement, not supplant the exercise of any other applicable law or ordinance. ii. The Animal Control Director, or his or her designee, shall notify the Finance Department in writing of the name and address of the person(s) responsible for the noisy animal, the date and time of the incident, the services performed, any additional services which are required, and such other information as may be necessary. The Finance Department shall thereafter cause appropriate billing of 28 the noisy animal response charge to be made to the responsible party. Such charge shall be paid within thirty (30) days of the date of the issuance of the billing and at the direction of the City may be paid directly to the Animal Control Agency. iii. Any noisy animal response charge charged pursuant to this section shall be deemed a civil debt owing to the City by the responsible party. iv. Any person receiving a bill for a noisy animal response charge may, within fifteen (15) days after the date of issuance of the bill, file a written request with the Animal Control Director appealing the charge imposed. The City shall withhold on collection of the bill pending the decision on the appeal. The Animal Control Director shall set the matter for hearing before the Animal Control Hearing Officer, which hearing shall be within fifteen (15) business days after receipt of the appeal. The Animal Control Officer shall issue a written decision on the appeal within ten (10) days of the close of the hearing, which decision shall be mailed by certified mail, return receipt requested to the appellant. The decision of the Animal Control Hearing Officer shall be final. If, after the hearing before the Animal Control Hearing Officer, the appeal is denied in part or in whole, all amounts due to the City shall be paid within thirty (30) days of the date of the mailing of the decision of the Animal Control Hearing Officer.
SECTION 6.04.260: Vicious or unsafe animals.
A. Vicious or Unsafe Dogs. A person owning or having charge of a vicious or unsafe dog shall confine it within a building or secure enclosure except that it may be permitted off the premises only when securely muzzled, leashed, and under the control of a person eighteen (18) years of age or older and who is physically capable of restraining said animal.
B. Abatement of Vicious or Unsafe Animals. Within the City of Temecula there are unconfined or uncontrolled vicious or unsafe animals which constitute a public nuisance which should be abated. The provisions of this chapter provide an administrative procedure by which animals found to be a nuisance may be abated following a hearing at which oral and documentary evidence is considered. This chapter is intended to supplement rather than supplant any other remedy available under State law.
C. Investigation. Any animal confined pursuant to subsection (A) of this section for biting a human being and any incident reported either to the Sheriff's Department or the Animal Control Officer concerning a vicious or unsafe animal(s) shall be investigated by the Sheriff or his or her designee or the Animal Control Officer. Based on the investigation, if either the Sheriff's Department or the Animal Control Officer has reasonable cause to believe that the animal is vicious or unsafe, and there is need to abate the animal as a vicious or unsafe animal, he or she shall so certify to the Animal Control Agency in writing within ten (10) days following completion of the investigation. A copy of the certification shall be mailed to the person owning or controlling the animal.
D. Confinement of Vicious or Unsafe Animal. Whenever the Sheriff's Department or the Animal Control Officer or his or her designee has reasonable cause to believe that an animal is vicious or unsafe and that it constitutes an imminent threat to the health or safety of persons, of animals or property of another and if the Officer after reasonable 29 investigation is unable to locate the owner, or if the owner is unwilling or unable to take the necessary steps to confine the animal in a manner ordered by the Officer, the Officer may immediately seize and impound the animal. The animal shall be returned to its owner only if the Officer is satisfied that the owner will confine the animal as ordered. If the owner fails or refuses to make such arrangements for the confinement of the animal, the Sheriff's Department or the Animal Control Officer shall issue an order directing the owner to appear at a designated hearing, as provided pursuant in this section, to show why such animal shall not be declared a nuisance and to have said nuisance abated and to prevent the nuisance and to perpetually enjoin the person maintaining it, and the owner, lessee or agent of the building, or place, in or upon which the animal exists, from maintaining or permitting it.
E. Scheduled Hearing. A hearing date shall be set no later than twenty-five (25) days from the date of certification of a vicious or unsafe animal. The Animal Control Agency or Animal Control Officer shall mail or otherwise deliver notice of the hearing to the owner or person controlling the animal, the owner of the real property in which the animal is kept and may mail notice to the interested persons.
F. Hearing. The hearing shall be held by the City's contracted Animal Control Agency as that Animal Control Agency designates pursuant to the procedures set by California Food and Agriculture Code Section 31601 et seq. At the hearing, which may be continued from time to time, both oral and documentary evidence may be taken from any interested person and considered in determining whether the animal is vicious or unsafe. Strict rules of evidence need not apply. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affairs. The decision of the Animal Control Agency shall be supported by the weight of the evidence and shall be final subject to California Food and Agriculture Code Section 31621 et seq.
The City Council may establish procedures for the notice and conduct of the hearing.
G. Finding — Public Nuisance. If, based upon the hearing, the Animal Control Agency finds that the animal is vicious, unsafe, or noisy and requires abatement, it shall so specify in writing together with the reasons therefor. Any animal found to be vicious, unsafe, or noisy and subject to abatement is hereby deemed a public nuisance and shall be, pursuant to the order of the Animal Control Agency, humanely euthanized, or the nuisance otherwise abated by appropriate order including, but not limited to, confinement, muzzling, fencing, leashing, noise suppression device, obedience training, debarking, or permanent removal of the animal from said property and outside the City limits. The owner of any vicious or unsafe animal that is not required to be humanely euthanized may be required by the Animal Control Agency to have liability insurance or bond in appropriate specified amounts for the specified time. Such insurance or bond shall insure to the benefit of persons who may be subsequently injured or damaged by said animal. The decision of the Animal Control Agency shall be made within ten (10) days after the conclusion of the hearing and shall be final. A copy of the decision shall be sent by registered mail or otherwise delivered to the person owning or controlling the animal and to the Animal Control Agency. The decision of the Animal Control Agency shall be final for all purposes subject to California Food and Agriculture Code Section 31621 et seq.
30 H. Cost of Impoundment. If the Animal Control Agency finds the animal is vicious, unsafe, or noisy and subject to abatement, the costs of impoundment including all cost of abatement shall be paid by the owner of the real property or the person owning or controlling the animal and shall become a lien against the real property upon which the animal was kept and maintained until said assessment is paid. If the Animal Control Agency finds that the animal is vicious or unsafe but not subject to abatement, or if the order includes the release of the animal found to be vicious, unsafe, or noisy to the owner or person controlling it, the animal shall not be released until such costs have been paid in full. If such costs have not been paid within fourteen (14) days after the date of mailing or delivery of the order, the Animal Control Agency may order the disposition of the animal in any manner provided by law. No fees provided for by this chapter shall be assessed if the animal is found not to be vicious, or unsafe.
I. Payment of Assessment. The assessment shall be due and payable within fourteen (14) days after the date of mailing or delivery of the order. If the assessment is not paid on or before said date, the total amount thereof may be entered on the next fiscal year tax roll as a lien against the property upon which the animal was maintained and shall be subject to the same penalties as are provided for other delinquent taxes or assessments of the City of Temecula, or an action may be brought in the name of the City to recover the costs of impoundment and/or abatement.
J. Vicious or unsafe animal registration fee. An animal that has been deemed vicious or unsafe will be required to be registered with the animal Control Agency in addition to obtaining all other necessary licenses. The fees for registering a vicious animal license are established in Municipal Code Section 6.04.020. Failure to renew the registration will result in the impoundment of the animal and a citation will be issued as a misdemeanor.
SECTION 6.04.270: Exotic animals or wild animals.
The keeping of exotic animals, including the keeping of exotic animals as pets shall require a Conditional Use Permit in accordance with Municipal Code Table 6.08.010 Animal Keeping Standards and Municipal Code Section 17.04.010 Conditional Use Permits. Wild animals shall not be kept as pets.
SECTION 6.04.280: Violation — Penalty.
Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code. Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter 1.21 of this code.
SECTION 6.04.290: Constitutionality — Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portion of the chapter.
31 CHAPTER 6.06: MANDATORY SPAYING, NEUTERING AND MICROCHIPPING Sections:
6.06.010 Definitions
6.06.020 Mandatory spaying and neutering of dogs and cats.
6.06.030 Mandatory microchipping of dogs and cats.
SECTION 6.06.010: Definitions.
A. "Altered" means an animal rendered incapable of reproducing by means of surgical methods, a male animal that has been neutered or a female animal that has been spayed.
Also referred to as a sterile animal.
B. "Competition cat" means a cat used to show, compete, or breed, and is a breed registered with the Cat Fanciers' Association (CFA) or another valid registry approved by the Animal Control Agency.
C. "Competition dog" means a dog used to show, compete, or breed, and is a breed registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), or another valid registry approved by the Animal Control Agency.
D. "Hobby breeder" means a person who seeks to not alter their dog or cat to potentially breed the dog or cat and sell the offspring for money or another consideration, and does not have a kennel, cattery, or pet shop permit/license.
E. "Impounded" means an animal having been received into the custody of any animal control center, animal control officer, animal control vehicle, or peace officer authorized by the City under the provisions of this chapter.
F. "Microchip" means a radio -frequency identification transponder that is surgically implanted beneath the animals skin that carries a unique identification number traceable to the documented owner, and is roughly the size of a grain of rice.
G. "Service animal" means any dog, and in some cases described below, a miniature horse, being reared, trained or used for the purpose of performing tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition. The work or tasks performed by a service animal must be directly related to the individual's disability. Examples of work or tasks include, but are not limited to, assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing non-violent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing 32 physical support and assistance with balance and stability to individuals with mobility disabilities, and helping persons with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition. i. Miniature horses may be considered "service dogs" if the miniature horse has been individually trained to do work or perform tasks for the benefit of the individual with a disability and meets the requirements of section 35.136 of Title 28 of the Code of Federal Regulations.
H. "Unaltered" means a dog or cat, four months of age or older, that has not been spayed or neutered. A condition that exists in an animal which permits the producing of offspring.
SECTION 6.06.020: Mandatory spaying and neutering of dogs and cats.
A. Altered dogs and cats.
i. Requirement. No person may own, keep, or harbor an unaltered dog or cat over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered, or provide a certificate of sterility, or obtain an unaltered exempt license or obtain a hobby breeder license in accordance with this chapter. An owner or custodian of an unaltered cat must have the animal spayed or neutered, or provide a certificate of sterility, or obtain a hobby breeder license in accordance with this chapter. ii. Exemptions. This section shall not apply to any of the following and any exempt animals are required to obtain an unaltered exempt license:
1. A dog with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the dog is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation; should this date be later than thirty (30) days, the owner or custodian must apply for an unaltered dog license.
2. A cat with a high likelihood of suffering serious bodily harm or death if spayed or neutered, due to age or infirmity. The owner or custodian must obtain written confirmation of this fact from a California licensed veterinarian. If the cat is able to be safely spayed or neutered at a later date, that date must be stated in the written confirmation.
3. Animals owned by recognized dog or cat breeders, as defined by City or Animal Control Agency.
4. Female dogs over the age of ten (10) years and male dogs over the age of twelve (12) years; however, an unaltered exempt license is still required.
5. Animals used by law enforcement agencies for law enforcement purposes.
6. A qualified service animal. The person owning or having custody of the animal must have a service animal license and tag issued by the Animal Control Agency.
7. A competition dog or cat that meets the following requirements:
33 a. The dog must have competed in at least one dog show or sporting competition approved by a national registry or the Animal Control Agency within the last three -hundred and sixty-five (365) days; or the dog has earned a conformation, obedience, agility, carting, herding, protection, rally, sporting, working, or other title from a purebred dog registry referenced above or other registry or dog sport association approved by the Animal Control Agency; or the owner or custodian of the dog is a member of a purebred dog breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding dogs with genetic defects or life -threatening health problems.
b. The cat must have competed in at least one cat show approved by a national registry or the Animal Control Agency; or the cat has earned a conformation title from a purebred cat registry; or the owner or custodian of the cat is a member of a purebred cat breed club, approved by the Animal Control Agency, which enforces a code of ethics that includes restrictions on breeding cats with genetic defects or life - threatening health problems
B. Hobby Breeder License. A dog or cat may be exempt from subsection (A) of this section if the owner or custodian is a hobby breeder and obtains a hobby breeder license for each dog and/or cat. Each license authorizes the birth of no more than one (1) litter per animal in any twelve (12) month period. Breeding more than one (1) litter per year will result in penalties.
C. Control of Unaltered Cats. In accordance with subsection (A) of this section, it is unlawful for any person to own, harbor or keep any unaltered cat four (4) months of age or older within the City of Temecula. The City or Animal Control Agency may take steps to mitigate the impact of feral cat populations in compliance with this law which may include spay and neuter services and/or trap and release programs.
D. Denial or Revocation of Unaltered Exempt License or Hobby Breeder License and Reapplication.
i. The Animal Control Agency may deny or revoke an unaltered exempt license or hobby breeder license for one or more of the following reasons:
1. The owner, custodian, applicant or licensee is not in compliance with all of the requirements of this section;
2. The Animal Control Agency has received at least three (3) complaints, verified by the agency, that the owner, custodian, applicant, or licensee of an unaltered dog or cat has allowed it to run at large, or has otherwise neglected it or another animal;
3. The owner, custodian, applicant, or licensee has been previously cited for violating a State law, City code or other municipal provision relating to the care and control of animals;
4. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be potentially dangerous, dangerous or vicious, 34 or to be a nuisance within the meaning of the Temecula Municipal Code or under State law;
5. Any unaltered exempt license held by the applicant or hobby breeder license has previously been revoked;
6. The license application is discovered to contain a material misrepresentation or omission of fact.
ii. Reapplication for Unaltered Exempt License or Hobby Breeder License.
1. When an unaltered exempt license or hobby breeder license is denied, the applicant may reapply for a license upon changed circumstances and a showing that the requirements of this chapter have been met. The Animal Control Agency shall refund one-half of the license fee when the application is denied. The applicant shall pay the full fee upon reapplication.
2. When an unaltered exempt license or hobby breeder license is revoked, the owner or custodian of the dog or cat may apply for a new license after a 30- day waiting period upon showing that the requirements of this chapter have been met. No part of an unaltered exempt license or hobby breeder license fee is refundable when a license is revoked, and the applicant shall pay the full fee upon reapplication.
E. Appeal of Denial or Revocation of Unaltered Exempt License or Hobby Breeder License. i. Request for hearing.
1. Notice of Intent to Deny or Revoke. The Animal Control Agency shall mail to the owner, custodian, licensee, or applicant a written notice of its intent to deny or revoke the license for an unaltered dog or cat which includes the reason(s) for the denial or revocation. The owner, custodian, licensee or applicant may request a hearing to appeal the denial or revocation by filing such request with the Animal Control Agency. The request must be made in writing within fifteen (15) days after the notice of intent to deny or revoke is mailed. Failure to submit a timely written hearing request shall be deemed a waiver of the right to appeal the license denial or revocation.
2. Administrative Hearing. The hearing shall be conducted by the Animal Control Agency.
3. Notice and Conduct of Hearing. The Animal Control Agency or its designee shall mail a written notice of the date, time, and place for the hearing not less than ten (10) days before the hearing date. The hearing date shall be no more than forty-five (45) days after the Animal Control Agency receipt of the request for a hearing. The hearing will be informal, and the rules of evidence will not be strictly observed. The Animal Control Agency shall prepare and mail a written decision to the owner or custodian after the hearing. The decision of the hearing officer shall be the final administrative decision. The City Council may by resolution establish procedures for the notice and conduct of the hearing.
ii. Change in Location of Unaltered Dog or Cat. If the dog is moved after the Animal Control Agency has issued a letter of intent to deny or revoke, but has not yet denied or revoked the license, the owner, custodian, licensee, or applicant must provide the Animal Control Agency with information as to the dog's 35 whereabouts, including the current owner's or custodian's name, address, and telephone number.
F. Transfer, Sale, and Breeding of Unaltered Dog or Cat. i. Offer for Sale or Transfer of Unaltered Dog. An owner or custodian who offers any unaltered dog over the age of four (4) months of age for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with this section.
An owner or custodian of an unaltered dog must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The unaltered license and microchip numbers must appear on a document transferring the animal to the new owner.
ii. Offer for Sale or Transfer of Unaltered Cat. An owner or custodian of an unaltered cat must notify the Animal Control Agency of the name and address of the transferee within ten (10) days after the transfer. The microchip numbers must appear on a document transferring the animal to the new owner.
G. Penalties. Penalties issued for failure to spay or neuter a dog or cat shall be enforced as set forth below:
i. Any violation of any of the requirements of this chapter shall be an infraction and any violator may be punished pursuant to Section 1.20.010 et seq., of this code.
Notwithstanding the foregoing, any violation of any of the requirements of this chapter may be prosecuted as an administrative civil action pursuant to Chapter
1.21 of this code.
ii. Should the owner or custodian of an unaltered dog or cat be found in violation of a State or local law, as stated above in subsection (A) of this section, the owner or custodian shall be required to spay or neuter the unaltered dog or cat in accordance with this section and waive the fine for the spay or neuter violation, or may qualify and purchase an unaltered exempt license, or purchase a hobby breeder license.
H. Impoundment of unaltered dog or cat.
i. When an unaltered dog or cat is impounded pursuant to State and/or local law, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following:
1. Provide written proof of the dog's or cat's prior sterilization, if conditions cannot or do not make this assessment obvious to Animal Control Agency personnel; or
2. Have the dog or cat spayed or neutered by an Animal Control Agency veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required; or
3. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog or cat will be spayed or neutered and that he or she will submit a statement within ten (10) days of 36 the release, signed by a California licensed veterinarian, confirming that the dog or cat has been spayed or neutered or is incapable of breeding; or
4. If the owner or custodian demonstrates compliance with this section. ii. Costs of Impoundment.
1. The owner or custodian of the unaltered dog or cat shall be responsible for the costs of impoundment, which shall include daily board costs, vaccination/medication, and any other diagnostic or therapeutic applications in accordance with Municipal Code Section 6.04.020.
2. The costs of impoundment shall be a lien on the dog or cat, and the unaltered animal shall not be returned to its owner or custodian until the costs are paid or other arrangements are made including, but not limited to, a payment plan. If the owner or custodian of an impounded unaltered animal does not pay the lien against it in full within fourteen (14) days, the animal shall be deemed abandoned and become the property of the Animal Control Agency.
I. Fees and fines.
i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council, which may be amended from time to time. ii. All costs and fines collected under this part and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program.
SECTION 6.06.030: Mandatory microchipping of dogs and cats.
A. All dogs and cats over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the Animal Control Agency and shall notify the Animal Control Agency of any change of ownership of the dog or cat, or any change of address or telephone number.
B. Exemptions. The mandatory microchipping requirements shall not apply to any of the following:
i. A dog or cat with a high likelihood of suffering serious bodily injury, if implanted with the microchip identification, due to the health conditions of the animal. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation.
ii. A dog or cat which would be impaired of its athletic ability or performance if implanted with the microchip identification. The owner or custodian must obtain written confirmation of that fact from a California licensed veterinarian. If the dog or cat is able to be safely implanted with an identifying microchip at a later date, that date must be stated in the written confirmation. iii. A dog or cat that is kenneled or trained in the City of Temecula but is owned by an individual who does not reside in the City of Temecula. The owner or custodian must keep and maintain the animal in accordance with the applicable laws and ordinances of the jurisdiction in which the owner or custodian of the 37 animal permanently resides, including but not limited to the applicable licensing and rabies vaccination requirements of that jurisdiction. iv. A dog or cat over the age of ten (10) years.
C. Transfer, sale of dogs and cats.
i. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption must provide the microchip identification number and the valid dog license number with the offer of sale, trade, or adoption. The license and microchip numbers must appear on a document transferring the dog to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any dog, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein. ii. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption must provide the microchip identification number with the offer of sale, trade or adoption. The microchip numbers must appear on a document transferring the cat to the new owner. The owner or custodian shall also advise the Animal Control Agency of the name and address of the new owner or custodian in accordance with subsection (A) of this section. An owner or custodian who offers any cat, over the age of four months, for sale, trade, or adoption and fails to provide the Animal Control Agency with the name and address of the new owner is in violation of this chapter and shall be subject to the penalties set forth herein.
iii. When a puppy or kitten under the age of four months implanted with microchip identification is sold or otherwise transferred to another person, the owner or custodian shall advise the Animal Control Agency of the name and address of the new owner or custodian and the microchip number of the puppy or kitten within ten (10) days after the transfer. If it is discovered that an owner or custodian has failed to provide the Animal Control Agency with the name and address of the new owner and the microchip number of the puppy or kitten, the owner or custodian shall be subject to the penalties set forth in this chapter.
D. Impoundment of un-microchipped dog or cat. When an impounded dog or cat is without microchip identification, in addition to satisfying applicable requirements for the release of the animal, including but not limited to payment of impound fees pursuant to Municipal Code Section 6.04.020, the owner or custodian shall also do one of the following:
i. Have the dog or cat implanted with an Animal Control Agency microchip by an Animal Control Agency registered veterinarian technician or veterinarian or designated personnel at the expense of the owner or custodian; ii. At the discretion of the Animal Control Agency, the dog or cat may be released to the owner or custodian if he or she signs a statement, under penalty of perjury, representing that the dog or cat will be implanted with a microchip and that he or she will submit a statement within ten (10) days of the release, signed by a California licensed veterinarian, confirming that the dog or cat has been so 38 implanted, and provides the microchip number to the Animal Control Agency or allows the Animal Control Agency to scan the dog or cat for the microchip to verify.
E. Fees for microchip identification device.
i. The fee for an identifying microchip device shall be included in the cost of adoption when adopting a dog or cat from an animal shelter operated by the Animal Control Agency.
ii. If an animal has already been implanted with an identifying microchip device by some other facility, there will be no fee to have the identification microchip number entered into the Animal Control Agency's registry as required by subsection (A) of this section.
F. Fines and fees.
i. All fees and fines associated with this section shall be set according to resolution adopted by the City Council and may be amended from time to time. ii. All costs and fines collected under this section and the fees collected under this section shall be paid to the Animal Control Agency on behalf of the City to defray the cost of the implementation and enforcement of this program.
CHAPTER 6.08: ANIMAL KEEPING STANDARDS
Sections:
6.08.010 Animal Keeping Standards Table
SECTION 6.08.010:
39 TABLE 6AS.OIO ANIMAL KEEPING STANDARDS"''4
Type of Animal or Use Minimum Lot Size Maximum Number I 7ning Sethack/ Separation Requirements Additional IrtI.—Ition AN IMAL AN D AS RI CU LTURAL USESIKEEPI IN IS PERM TIED By RIGHT Four hundred (400) foot minimum setback of all
All zones except: Hillside
bee hives, apiaries or boxes housing beesfrum any
Residential(HR), Hillside
public streets or highways, day care, educational
A source offresh water shall be
A caries or Beekeeping
p p g
0.5 acres
N A
7 Residential -Santa Margarita
institution, ark, propertylineto a different
made continuous) available
(HR-SM), and
ownership, ortom any dwelling or place of human
on site for the bees
OpenSpace/Conservation
h abitati on other th a n that oc c u pied by the owner (DS/DS-C(
or caretaker of the bees.
Cat,a n d Dogs
Any pa reel of a ny zoni ng
designation with a permitted
N/A (for accessorystructure requirement—TMC
Only animals over 4 months of
Single-familydwellings
N/A
Any combination of 4 cats or dogs.
and occupied residential
Title 17)
age are counted
structure on site.
Multiple-familydwellings
N/A
Any combination of 4 cats or dogs -
AI I zones except: Low Med i u m
Residential (LM), Hillside
All animals shall be kept a minimum distance of
First half (0.5) acre- 2large animals
Residential (HR), Hillside
75 feet from the property line of any adjacent
0.5 aloes
Residential -Santa Margarita
residence, day care, oreducational institution,
Only animals over 12 months
Each additional half (0.5) acre-1 additional
(HR-SM), and
hospital or church that is located on adjacent
of age are counted
Large An im a Is
large animal
OpenSpace/Conservation
property.
(Cattle, Horses and Mules(
(OS/05-C(
Greater than 1 Detre
50 Birds/acre
All zones except: Hillside
All animals shall be kept a minimum distance of
Residential(HR), Hillside
75 feet from the property line of any adjacent
Less than 0.5 acres
24 Birds
Residential -Santa Margarita
residence, day care, oreducational institution,
Only animals over 3 months of
(HR-SM), and
hospital or church that is located on adjacent
age are counted
Outdoor Aviary
OpenSpace/Conservation
(All birds must heconfined)
(OS/OS-C)
property.
G reater tha n 1.0 ac re'
50 poultry/acre
AI I zones except: High Density
Residential (H), Hillside
All animals shall be kept a minimum distance of
Less than 1.0 acres
12 poultry
Resi denti a I(H R), H i ))side
75 feet from the property l ire of any adj a cent
Only animals over 3 months of
Residential -Santa Margarita
residence, day care, oreducational institution,
age are counted
(HR-SM), and
hospital or church that is located on adjacent
Poult 'c
LM & M zoned property''°
4 poultry
OpenSpace/Conservation
property -
(All poultry to be contained)
(OS/OS-C(
At I zones except: Low Med i u m
Resi dentia I(LM), H i ))side
All animals shall be kept a minimum distance of
First half 10 5) acre- 2 small animals
Residential (HR), Hillside
75 feet from the property line of any adjacent
O 5 acres
Residential -Santa Margarita
residence, day care, oreducational institution,
Only animals over 6 months of
Small Animals
Each additional half 10.5) acre-3 additional
(HR-SM), and
hospital or church that is located on adjacent
age are counted
(Burros, Goats, Pigs, Ponies, and
small animals
OpenSpace/Conservation
property.
Sheep)
(05/05-C)
ANIMAL USES/KEEPING THAT REQUIRE A CONDITIONAL USE PERMIT Set by conditional use permit
In no caseshall setback from property lines be
See a Isa TMC 17.04.010:
Animal Shelter
N/A
Set by conditiona I use permit.
CC, H7, SC, BP, LI
less th an th at of the properties zon i ng design ati on Cond itiona l use Permit
per TMC Title 17.
Set by conditional use permit
Commercial Kennels,
In no caseshall setbackilrom property lines be
Seealsa TMC 17.04.030:
Commercial Catteries, or
N/A
Set by conditional use permit.
CC, SC, BP, LI
lessthan that of the properties zoning designation
Conditional use Permit
Cat/Dog Tra in Ing Center
per TMC Title 17.
All zones except Hillside
Residential(HR), Hillside
Set by conditional use permit
Commercial Frog Farms
N/A
Set by conditiona I use permit.
Residential -Santa Margarita
In no caseshall setback1rom property lines be
See a Isa TMC 17.04.010-
(HR-SM), and
lessthan that ofthe propertieszoning designation
Conditional use Permit
OpenSpace/Conservation
perTMCTitle 17.
(OS/OS-C)
All zones except Hillside
The keeping of exotic animal('),
Residential(HR), Hillside
Set by con d iti on a l use perm it
inlcuding keepingexotic
Minimum set by Conditional
Eby conditional use permit.
Residential -Santa Margarita
In no caseshall setbackirom property lines be
See also TMC 17.04.030:
animals as pets or novelties.
Use Perm it.
(HR-SM), and
lessthanthatof the properties zoning designation
Conditional use Permit
OpenSpace/Conservation
perTMCTitIe17.
(OS/OS-C)
The commercial m isi ng of more
All zones except Hillside
than four chinchilla, nutria,
Residential(HR), Hillside
Set by conditional usepermit
hamsters,guinea pigs,cavy,
N/A
Set by cord itiona l use permit.
Residential -Santa Margarita
In no caseshall setback1rom property lines be
See a Iso TM C 17.G4.010:
rabbit,, and simila—miall
(HR-SM), and
lessthan that ofthe propertieszoning designation
Conditional use Permit
OpenSpace/Conservation
perTMCTitle 17.
animals.
(OS/OS-C)
All zones except Hillside
Residential(HR), Hillside
Set by conditional use permit
Residential -Santa Margarita
In no caseshall setbackilrom property lines be
See also TMC 17 04010:
Commercial Worm Farms
N/A
Set by oond itiona l use permit.
(HR-SM), and
lessthan that ofthe propertieszoning designation
Conditional use Permit
OpenSpace/Conservation
perTMCTitle 17.
(os/Os-c(
NOTES:
i : These standards on ly a ppl y to properties located within a specific plan area, planned development overlay or similar overlay zoning designation when said zoning document does not adequately address the su bject or standards of animal keeping-
2 : AII uses fou n d in this Table are found incompatible with the Hillside Residential (H R) and Open Space -Conservation (OS-C) Zoning designations and are not permitted- 3 : In n o event sh a I I there be any I im it to the permissible number of sheep wh ich may be grazed per a cre, where suc h grazi ng operati on is conducted on fields for the purposes of c lean ing up unharvested crops, stubble, volunteer or wild growth where such grazing operation is not conducted for marathon four weeks in any six-month period.
Concentrated lot feedi ng and commercial poultry and/or rabbit raising are not permitted in a ny mni ng designation within the City. s: The keeping of roosters or crowing fowl, of any species, is prohibited within the City_ 5: Properties with the zoning designation LM and Mare allowed a maximum of 4 poultry- 7: All calculations for the number of animals permitted on a lot shall round down to the nearest whole number. 40 CHAPTER 6.12: ANIMALS RUNNING AT LARGE
Sections:
6.12.010
Prohibited generally.
6.12.020
Exemption.
6.12.030
Impoundment.
6.12.040 Disposition of rabid or disabled animals.
6.12.050 Disposition — Cows, horses and burros.
6.12.060 Disposition — Other animals.
6.12.070 Sale — Notice.
6.12.080 Sale — Procedure.
6.12.090 Sale — Disposition of moneys.
6.12.100 Redemption— When.
6.12.110 Redemption— Costs.
SECTION 6.12.010: Prohibited generally.
No person owning or having charge of any animal or fowl shall permit the same to be at large on any highway, street, sidewalk, lane, alley or other public place, or upon any private property other than that of the person owning or having charge of such animal or fowl unless such owner or person having charge of such animal or fowl has the consent of the owner of the private property.
SECTION 6.12.020: Exemption.
This chapter shall not prohibit leading, driving, riding or conducting animals under adequate supervision along a public highway.
SECTION 6.12.030: Impoundment.
It shall be the duty of the Animal Control Officer to take up and impound all animals found at large upon any highway, street, sidewalk, land, alley or other public place, or upon any private property without its owner's consent. The Animal Control Officer may contract with any person to keep, feed and care for any such animal at reasonable rates for not more than twenty (20) days.
SECTION 6.12.040: Disposition of rabid or disabled animals.
If it appears to an Animal Control Officer from the report of a licensed veterinarian or other qualified person that an animal is afflicted with rabies, he or she shall humanely euthanize such animal and shall take such other action as may be required by law and as he or she deems necessary to prevent the spread of such disease. He or she may humanely euthanize any sick, disabled, infirm or crippled animal found at large if he or she is unable to identify and locate the owner.
SECTION 6.12.050: Disposition — Cows, horses, and burros.
If the Animal Control Officer impounds any bovine animal, horse, mule, or burro, and if such animal is not reclaimed within five (5) days thereafter, the Animal Control Officer shall notify the State Director of Agriculture in accordance with the provisions of Food and Agricultural Code Section 17003. If the Director of Agriculture does not, within five (5) days after notice, elect to dispose of any horse, mule or burro, then the Animal Control Officer shall sell such animal in accordance with this chapter.
41 SECTION 6.12.060: Disposition — Other animals.
If any animal other than a domestic bovine animal, horse, mule or burro, and except an animal afflicted with rabies, impounded by the Animal Control Officer, is not reclaimed within two (2) days thereafter, it shall be sold by the Animal Control Officer after giving notice of sale in accordance with Municipal Code Section 6.12.070.
SECTION 6.12.070: Sale — Notice.
The notice of sale shall contain a description of the animal, including any identifying marks or brands, the date and place where the animal was taken up, and the time and place of sale. At least five (5) days prior to the sale of any impounded animal, the Animal Control Officer shall cause a copy of the notice to be published in a newspaper circulated in the area where the animal was found, and shall mail a copy of the notice to the owner or person entitled to possession of the animal at his or her residence or place of business, if known.
SECTION 6.12.080: Sale — Procedure.
At the time and place set forth in the notice of sale, the Animal Control Officer shall sell the impounded animal at public sale, to the highest bidder, for cash. If no bid is offered for such animal, the Animal Control Officer may sell such animal at private sale or humanely euthanize such animal, or otherwise dispose of it as permitted by law.
SECTION 6.12.090: Sale — Disposition of moneys.
The proceeds of such sale, after first deducting fees and charges of the Animal Control Officer, including costs of sale, shall be paid by the Animal Control Officer to the City Treasurer who shall pay them over to the owner of such animal sold if claimed within one year thereafter. If not so claimed, they shall be transferred into the general fund of the City.
SECTION 6.12.100: Redemption — When.
The owner or person entitled to possession of any animal impounded may at any time before the sale or other disposition thereof redeem the same by paying the Animal Control Officer all fees and charges thereon.
SECTION 6.06.110: Redemption — Costs.
The Animal Control Officer shall charge and collect ftom each person redeeming an impounded animal an impounding fee, plus the actual costs of transporting the animal and maintaining the animal while impounded including costs of sale incurred. The impounding fee shall be set by resolution of the City Council and may be amended from time to time. 42 PC RESOLUTION NO.2022-13
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT
THE CITY COUNCIL ADOPT AN ORDINANCE
ENTITLED, "AN ORDINANCE OF THE CITY OF
TEMECULA REPEALING AND REPLACING TITLE 6 OF
THE TEMECULA MUNICIPAL CODE REGARDING THE
KEEPING, MAINTENANCE, AND POSSESSION OF DOGS,
CATS, FOWL, AND OTHER ANIMALS AND PROVIDING
FOR THE CONTROL, LICENSING, AND WELFARE
THEREOF, AMENDING TITLE 17 OF THE TEMECULA
MUNICIPAL CODE REGARDING ANIMAL KEEPING
AND FINDING THAT THIS ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTION 15061 (B)(3)"
Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
A. City staff identified the need to make revisions and clarifications to portions of Title 6 (Animals) and Title 17 (Zoning) of the Temecula Municipal Code.
B. The Planning Commission, at a regularly scheduled meeting, considered the proposed amendments to Title 17 (Zoning) and Title 6 (Animals) of the Temecula Municipal Code on May 4, 2022, at a duly noticed public hearing as prescribed by law, at which time City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter.
C. The proposed amendments to Title 17 are consistent with the City of Temecula General Plan, and each element thereof.
D. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council adopt the Ordinance amending Title 17 (Zoning) and Title 6 (Animals) attached hereto as Exhibit «A„
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that:
The Planning Commission, in recommending adoption of the proposed Ordinance, hereby makes the following additional findings as required by Section 17.01.040 ("Relationship to General Plan") of the Temecula Municipal Code:
1. The proposed use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the general plan.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use changes. Instead, relocates "Animal Shelter" land use from Table 17.08.030 Schedule of Permitted Uses to Table 6.08.010 Animal Keeping Standards and making the use Conditional, thereby removing an inconsistency with TMC 17.10.020 Supplemental Development Standards which requires a Conditional Use Permit for such uses. Those existing uses are consistent with the Temecula General Plan. All other proposed amendments to Title 17 are minor clarifications and typographical edits and do not propose any land use changes contrary to the adopted General Plan. Amendments to Title 6 propose new animal regulations but are outside of the Planning Commissions purview and will be reviewed by City Council at a future date.
2. The proposed use is in conformance with the goals, policies, programs and guidelines of the elements of the general plan.
The proposed changes to animal keeping are consistent with Goal 3 of the Public Safety element of the Temecula General Plan, which is to ensure "A safe and secure community free from the threat of personal injury and loss of property." The changes proposed would provide for a full suite of animal control services by the City's contracted provider, currently Animal Friends of the Valleys, Inc. Additionally, the proposed changes to animal keeping are consistent with Goal 4 of the Public Safety element of the Temecula General plan, which is to ensure "An effective response of emergency services following a disaster." The amendments proposed clarify animal control services required scope of assistance to other emergency services. The remaining proposed amendments to the Temecula Municipal Code Title 17 are minor clarifications and typographical edits and do not result in a contrary policy direction or indicate an inconsistency between the Temecula Municipal Code and the adopted General Plan.
3. The proposed use is to be established and maintained in a manner which is consistent with the general plan and all applicable provisions contained therein.
The proposed amendments to Title 17 of the Temecula Municipal Code do not propose any land use that is inconsistent with the Temecula General Plan. Relocating "Animal Shelter" from Table 17.08.030 Schedule of Permitted Uses to Table 6.08.010 Animal Keeping Standards and making the use Conditional, removes an existing inconsistency with TMC 17.10.020 Supplemental Development Standards which requires a Conditional Use Permit for such a land use.
Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 2022- is exempt from the
requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15061 (b) (3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Municipal Code amendments are minor policy changes, changes required by state law or revisions that reflect the City's standard practice and patterns, and clarifications or typographical corrections, which do not result in a significant increase in the intensity or density of any land use above what is currently allowed. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Notice of Exemption for the proposed ordinance.
Section 4. Recommendation. The City of Temecula Planning Commission hereby recommends the City Council approve Planning Application No. LR21-0130, a proposed Citywide Ordinance amending Title 17 (Zoning) and Title 6 (Animals) as set forth on Exhibit "A", attached hereto, and incorporated herein by this reference.
PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 4th day of May 2022.
Gary Watts, 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. 2022-13 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of May, 2022, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Hagel, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
ABSENT: 2 PLANNING COMMISSIONERS:
Ruiz, TZAuke
Watson
Secretary
Notice of Public Hearing
THE CITY OF TEMECULA
41000 Main Street
Temecula, CA 92590
A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below.
Case No.: Long Range Planning Project No. LR21-0130, Animal Ordinance Applicant: City of Temecula
Location: Citywide
Proposal: An ordinance of the city council of the city of Temecula repealing and replacing title 6 of the Temecula municipal code regarding the keeping, maintenance, and possession of dogs, cats, fowl, and other animals and providing for the control, licensing, and welfare thereof, modifying title 17 of the Temecula municipal code regarding animal keeping and making a finding that this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15061 (b)(3) (Long Range Planning Project No.
LR21-0130)
Environmental Action: 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 15061(b)(3))
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590, City of Temecula, Council Chambers
DATE OF HEARING: May 24, 2022 TIME OF HEARING: 6:00 PM
Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing.
Any petition forjudicial review of a decision of the City Council shall be filed within the 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 City Council, 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.
The proposed Animal Ordinance may be viewed at the public information counter, Temecula Civic Center, Planning Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Mark Collins, City of Temecula Planning Department, (951) 506-5172.
Item No. 24
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: May 24, 2022
SUBJECT: Consider Update Regarding Proposed Memorial and Monument Policy (At the Request of Subcommittee Members Alexander and Stewart)
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council consider an update for the proposed memorial and monument policy and provide general direction regarding the same.
BACKGROUND: On November 9, 2021, Council Member Stewart requested that an item be placed on a future agenda to consider the creation of a memorial and monument policy.
On December 14, 2021, the City Council approved the creation of an ad hoc subcommittee consisting of Council Members Alexander and Stewart to work with staff on the creation of a memorial and monument policy. On February 15, 2022, the subcommittee met with staff to do the following: (1) Review the existing Naming of Parks and Recreation Facilities Policy, Art in Public Places Ordinance, and previous memorial and monument approvals, (2) Review current opportunities for recognitions (i.e., certificates, proclamations, pins, Wall of Honor, veteran pavers and flags, trees), and (3) Provide direction on the types of information they would like to see in research from other cities for public recognition programs and policies (i.e., framework and criteria for recognitions, nomination process, phasing for different recognitions based on type and years of service, qualitative and quantitative data points to support the nomination and/or recognition from the perspective of the Council and residents). Based on subcommittee direction, staff conducted research in March 2022 and gathered information from approximately 30 other cities.
On March 29, 2022, the subcommittee met with staff to do the following: (1) Review the research results from cities inside and outside of California, (2) Compare the information to the current practice of similar recognitions in the City of Temecula, (3) Provide general direction on nomination forms, residency requirements, contribution criteria, evaluation process, and form of public recognition based on tenure, and (4) Provide general direction on medal of honor and pending public recognitions as identified by the City Council under the new policy process. It is now recommended that the full City Council consider the proposed framework for public recognitions and provide staff general direction regarding the same. The final policy will be placed on a future agenda for full City Council approval.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No . 25
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Erica Russo, Director of Community Services
DATE: May 24, 2022
SUBJECT: Consider Opportunities for an Aquatics Center (At the Request of Council Member Stewart)
PREPARED BY: Erica Russo, Director of Community Services RECOMMENDATION: That the City Council consider opportunities for the development of an aquatics center and provide general direction regarding the same.
BACKGROUND: At the meeting of May 10, 2022, the City Council unanimously approved the placement of the above -referenced subject on the agenda at the request of Council Member Stewart. An aquatics center is typically a large facility which generally includes one or more pools, including a 50 meter "Olympic -size" swimming pool, as well as other possible amenities such as diving platforms. An aquatics center typically also provides instructional, recreational, educational, and competitive programs, and serves as a primary training location for one or more competitive teams or clubs. The 2020 Community Services Master Plan (CSMP) identified "...a high need for additional swimming facilities as identified by the community." The City's year-round facilities include the six -lane, 25-yard pool at the Community Recreation Center and a future 25-yard pool at the Margarita Recreation Center, with estimated completion in summer 2023. In addition, the City seasonally utilizes 25-yard pools at Temecula Elementary School and Chaparral High School through a joint use agreement with Temecula Valley Unified School District. For Summer 2022, the Council has an interim agreement on tonight's consent calendar for use of the Temecula Valley High School Pool in lieu of the Chaparral Pool which will be under renovation.
FISCAL IMPACT: None
ATTACHMENTS: None
Item No . 26
CITY OF TEMECULA
AGENDA REPORT
TO: City Council
FROM: Aaron Adams, City Manager
DATE: May 24, 2022
SUBJECT: City Council Travel/Conference Report
PREPARED BY: Luisa Tovar, Executive Assistant
RECOMMENDATION: Receive and File.
On May 4, 5, 6 2022, Mayor Pro Tern Zak Schwank and Council Member Jessica Alexander traveled to Palm Desert, CA to attend the Southern California Association of Governments Regional Conference and General Assembly.
ATTACHMENT: Itinerary
MAZ L_
2022 REGIONAL CONFERENCE
& GENERAL ASSEMBLY
On May 5-6, local leaders from throughout Southern California convened for SCAG's 57th annual Regional Conference and General Assembly at the JW Marriott Desert Springs Resort & Spa in Palm Desert, CA. This conference brings together state and local elected officials, CEOs, business and civic leaders, transportation and environmental stakeholders, local government staff, and others.
Event Program
Wednesday, May 4
6 — 8 p.m. PRESIDENT'S RECEPTION (INVITATION ONLY)
Thursday, May 5
8 — 10 a.m. REGISTRATION, NETWORKING & CONTINENTAL BREAKFAST Sponsored by AT&T
9 — 10 a.m. REGIONAL COUNCIL MEETING
10:15 — 11 a.m. WELCOME & OPENING REMARKS
11 a.m. — noon GENERAL ASSEMBLY MEETING
12:15 — 2 p.m. SUSTAINABILITY AWARDS LUNCHEON
Sponsored by Veolia
2:15 — 3:15 p.m. BREAKOUT SESSIONS I & STUDENT SHOWCASE Bridging the Digital Divide — Getting to Universal Broadband Sponsored by Verizon
While access to high-speed internet service — commonly known as "broadband" — has been beneficial for nearly a generation, during the COVID-19 pandemic, it became downright essential. From getting groceries delivered to working and attending school, everyone who could get online did. But many in our region lack either the physical infrastructure or the economic means to access broadband service. For the SCAG region to be competitive and equitable in the future, all Southern Californians must have access to affordable broadband service. So how do we get there? This panel will talk about the ways in which the public and private sectors are working together to bring that essential service into everyone's homes as soon as possible.
Moderator:
• Sunne McPeak, Chief Executive Officer, California Emerging Technology Fund
Panelists:
• Sonia Hooks, Assistant Director, Technology Services, Los Angeles County Office of Education
• Tony Naughtin, President & Chief Executive Officer,
GoldenStateNet
• Bill Allen, President & Chief Executive Officer, Los Angeles County Economic Development Corporation
• Kevin Harbour, President, BizFed Institute
Advancing Housing Production Across Sectors: Tools, Resources & Opportunities
Sponsored by Jamboree Housing
With a need of an additional 1.3 million housing units before 2030, the SCAG region cannot rely only traditional methods to plan and build housing locally. In recent years, a variety of innovative planning and financial tools have been developed and
implemented by various jurisdictions and entities to help meet local housing goals. This panel will talk about non-traditional ways to plan, fund and build housing and the pro -housing resources available to jurisdictions as we collectively try to meet our regional housing needs.
Moderator:
• Steve PonTell, President & Chief Executive Officer, National Community Renaissance
Panelists:
• Grace Chionuma, Managing Director, Morgan Stanley
• Scott Ochoa, City Manager, City of Ontario
• Gene Slater, Chairman, CSG Advisors
• Gustavo Velasquez, Director, California Department of Housing & Community Development
Student Showcase
Some of the SCAG region's most outstanding students will present exciting and innovative research and planning work on a number of the region's greatest challenges and opportunities. All attendees will be able to vote to award their favorite projects for an Audience Award and accompanying cash prizes.
Presentations:
• Visualizing Countywide Mass Rapid Transit in Orange County • Synergy in Sustainability
• On The Grid
3:15 — 3:45 p.m. BREAK & NETWORKING
3:45 — 4:45 p.m. BREAKOUT SESSIONS II & STUDENT SHOWCASE The Region's Zero -Emission Transformation
Sponsored by WSP
With advancements in vehicle technology across all modes and state mandates to phase in zero -emission vehicles, the transition to zero -emission provides challenges and opportunities. This panel will take a holistic view of this transition, highlighting opportunities and best practices in the production and commercialization of vehicles, infrastructure provision, workforce and economic development opportunities, ensuring equitable access, and the opportunity to repurpose electric vehicle batteries to support a more resilient energy system.
Moderator:
• Jonathan Parfrey, Executive Director, Climate Resolve Panelists:
• Larry Chung, Vice President of Local Public Affairs, Southern California Edison
• Lauren Skiver, Chief Executive Officer/General Manager, Sunline Transit
• Jannet Malig, Director, Advanced Transportation Technology & Energy Center
• Aravind Kailas, Advanced Technology Policy Director, Volvo Group
Funding Futures of Growth
Sponsored by AT&T
By the end of 2021, the SCAG region recovered nearly 40 percent of the pandemic job losses. While this reveals the region's underlying strengths and potential, it is only the beginning of the region's recovery. With its strengths in diversity, work ethic, resilience and innovation, the region can leverage federal and state funding to fuel a new era of growth. This panel will explore the major state and federal funding opportunities available, and how our cities and counties can best position themselves for success.
Moderator:
• Cecilia V. Estolano, Chief Executive Officer, Estolano Advisors Panelists:
• Bill Higgins, Chief Executive Officer, California Association of Councils of Governments
• Mitch Weiss, Executive Director, California Transportation Commission
• Stephanie N. Wiggins, Chief Executive Officer, Los Angeles County Metropolitan Transportation Authority
Student Showcase
Some of the SCAG region's most outstanding students will present exciting and innovative research and planning work on a number of the region's greatest challenges and opportunities. All attendees will be able to vote to award their favorite projects for an Audience Award and accompanying cash prizes.
Presentations:
• How Can We Connect the Rim of the Valley Trail?
• Improving Ridership by Urban Development Near the Station • Re -Imagine Our Electrical Towers
• Visible Fear: Accidents Far Outweigh Concerns of Emissions
5:30 — 7:30 p.m. EVENING RECEPTION
Sponsored by Automobile Club of Southern California and Best, Best & Krieger
Friday, May 6
8:00 a.m. REGISTRATION
8:30 — 9 a.m. BREAKFAST
Sponsored by Ullico
9 — 9:10 a.m. WELCOME
9:10 — 9:30 a.m. STUDENT SHOWCASE AWARDS
9:30 —10 a.m. KEYNOTE ADDRESS
John Quinones, ABC News Veteran, Creator & Host, "What Would You Do?"
10 —11:15 a.m. PLENARY SESSION
Connect SoCal: A Bold Vision for 2050
Sponsored by Ontario International Airport Authority
Connect SoCal 2024, SCAG's next long-range transportation plan and sustainable communities strategy, will outline a course for achieving multiple mobility, environmental and economic goals.
The challenges facing the region, like traffic, affordable housing and climate change are known but complex. As new technologies emerge and the policy context continues to shift, how can local governments work together to face our shared challenges, access resources and enable innovation for a vibrant region?
Moderator:
• Christina Pascucci, Emmy Award -Winning Journalist, KTLA Panelists:
• Toks Omishakin, Secretary, California State Transportation Agency
• Elizabeth Fretheim, Global Head of Sustainability & Social Responsibility, Nikola Motors
• Greg Bielli, President & Chief Executive Officer, Tejon Ranch Company
• Mott Smith, Principal, Civic Enterprise, and Chair, Council of Infill Builders
11:15 a.m. CONFERENCE WRAP-UP
Our Sponsors
Thank You to Our Generous Sponsors
Diamond
Platinum
SOUTHERN-11-RNIA
EDISON'
Energy for Whats Ahead®
Technology SoCalGas..
Sustainability Awards Luncheon Charter
COMMUNICATIONS
Reception Q VEOIIA
Panel
REST REST & KRIEGER. ® .
ATTORNEYS AT LAW
INTERNATIONAL AIRPORT
-So Cal. So Easy. —
Jamboree
Breakfast
Item No . 27
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Director of Community Development
DATE: May 24, 2022
SUBJECT: Community Development Department Monthly Report RECOMMENDATION: That the City Council receive and file the Community Development Department monthly report.
The following are the highlights for Community Development for the month of April 2022.
CURRENT PLANNING ACTIVITIES
Planning processed 24 new applications (not including Home Occupations) and conducted two (2) Public Hearings in April 2022. A detailed account of planning activities is attached to this report.
Plan Type
Apri 12M
Accessory Dwelling Unit
!
Extension of Time
Home Occupation
22 Modifications
Pre-App
3 Sign Program
;I
Temporary Use Permit
6 Wireless Antenna Facility
-
Zoning or Planning Letter
4 Tota I
46 Everhome Suites (PA21-1350): The City is processing a Development Plan for an approximately 64,500 square foot, four-story, 117 room Everhome Suites Hotel located on the west side of Madison Ave. between Buecking Dr. and McCabe Ct. (COOPER)
Temecula Village Phase II (PAs 20-0323, 20-0324, 20-0325, 20-0326): The City is processing a Development Plan for a 134 unit multi -family community built on 7.61 acres; a Tentative Tract Map (TTM 38043) to combine eight (8) existing contiguous parcels into a single parcel; a General Plan Amendment to amend the underlying General Plan Land Use designation of the project site from Professional Office (PO) to Medium Density Residential (M); a Planned Development Overlay Amendment for PDO-5, (Temecula Village). The City is working with a consultant to prepare a fiscal impact analysis and with an environmental consultant to prepare and environmental document. The project is located on the south side of Rancho California Road, approximately 150 feet west of Cosmic Drive. (COOPER)
Paseo Del Sol Tentative Tract Map No. 36483 (PA14-0087): The City is processing a Tentative Tract Map (No. 36483) for 168 single-family homes and 11 open space lots located at the northwest corner of Temecula Parkway and Butterfield Stage Road. (COOPER)
Solana Winchester (PA20-1371): The City is processing a Development Plan to allow for the construction of a 350-unit apartment community located within the Residential Overlay Area of Planning Area 12 of the Harveston Specific Plan at the terminus of Date Street approximately 900 feet south of Ynez Road. The City is working with a consultant to prepare a fiscal impact analysis. The project has been scheduled for Planning Commission on June 1, 2022. (COOPER)
Sanborn/Jefferson Gas Station (PAs 21-0075, 21-0076): The City is processing a Development Plan and Conditional Use Permit for an approximately 10,000 square foot gas station consisting of 12 fueling pumps, convenience store, quick service restaurant, and multi -tenant retail building located at 41480 Sanborn Avenue. (COOPER)
Winchester Hills Development Agreement Amendment (PA21-0128): The City is processing a Second Amendment to the Development Agreement by and between the City of Temecula and Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California Limited Liability Company to rescind the First Amendment to the Development Agreement and reinstate the original term of the Development Agreement for the Winchester Property located within portions of Planning Area 12 of the Harveston Specific Plan. (COOPER)
Firenze (PA21-1023): The City is processing a Development Plan application for an approximately 498,557 square foot hotel and apartment project. The approximately 148,545 square foot, five story, 224 room hotel includes a conference center, restaurant, wine market multi -tenant space, and outdoor courtyard dining space. The approximately 350,012 square foot, seven story, 121-unit apartment building include a roof top area that contains a pool/spa, cabanas, fire pit, media wall, kitchen, fitness area, and lawn/game area. The parking for the project is located on the interior of the apartment building that is wrapped with the residential units. The project is located approximately 665 feet north of Rancho California Road on the east side of Jefferson Avenue. (COOPER)
MS Mountain View Ph. IV (PAs 21-1470, 21-1471, 21-1472): The City is processing three (3) Development Plan applications for industrial buildings of 9,867 square feet, 19,727 square feet, and 38,714 square feet located along Avenida Alvarado. The projects are scheduled for Planning Commission on May 4, 2022. (COOPER)
Jefferson/Buecking Apartments (PA21-1454): The City is processing a Development Plan application for a 260-unit apartment community located on the north and south side of Buecking Drive at the Jefferson Avenue intersection. (COOPER)
Temecula Valley Hospital Master Plan Update (PA21-1525): The City is processing a Modification to the previously approved Temecula Valley Hospital Master Plan. The updated Master Plan, at buildout will include the existing 237,305 square foot hospital building and 5,180 square foot storage building along with an approximately 130,000 square foot, four story Behavioral Health Building in Phase 2, an approximately 10,000 square foot expansion to the emergency department, a 125,000 square foot, five story second hospital tower, a 80,000 square foot medical office buildings, and a 14,000 square foot utility plant in Phase 3, and an approximately 125,000 square foot, five story third hospital tower, a 80,000 square three story foot
medical office building, and a four story parking structure with the existing helipad relocated to the roof of the structure in Phase 4. The project is located at 31700 Temecula Parkway. A public scoping meeting for the Subsequent Environmental Impact Report was held on March 23, 2022, at the Ronald H. Roberts Library. (COOPER)
Temecula Resort and Spa (PAs 22-0035, 22-0037): The City is processing a Development Plan and Tentative Parcel Map for an approximately 474,137 square foot, seven (7) story, 90-foot high full service hotel that includes a parking garage, conference facilitiesiballrooms, gallery/event space, full service spa, restaurants, bars/lounges, retail outlets, workout facility, outdoor pool area, and a wedding garden located on the east side of Front Street between 1 st Street and 2nd Street. (COOPER) Temecula Hyundai (PA22-0293): The City is processing a Modification to a Development Plan for the addition of approximately 3,824 square feet to the vehicle showroom and service area, a new approximately 674 square foot vehicle delivery canopy area, elevation revisions to adhere to new corporate colors, and a new vehicle display pad at the entry driveway located at 27430 Ynez Road. (COOPER) Sommers Bend SHAWOOD Home Product Review (PAs 22-0494, 0495, 0496): The City is Processing Home Product Reviews for Planning Area's 19, 20B, and 21 of Sommers Bend. There are a total of 57 homes ranging in size from 3,203 square feet to 4,974 square feet with three (3) different architectural styles.
Home Product Review for these planning areas was previously approved on June 2, 2021. The applicant is proposing new architectural styles with new construction techniques for these larger homes. (COOPER)
LONG RANGE PLANNING
General Plan Update
The Long Range Planning Division has developed a four -phase, multi -year process to update the General Plan. Phase I is complete and included updates to Housing and Public Safety Elements. Phase I also included an update to the City's Traffic Impact Analysis (TIA) Guidelines to analyze Vehicle Miles Travelled (VMT) for the California Environmental Quality Act (CEQA). Phase II is in process and includes an update to the Quality of Life Master Plan (QLMP), reconciling the City's GIS Maps on a parcel by parcel basis, a baseline EIR analysis of the City's Circulation Element, and developing a Complete Streets Policy document. Phase III will include a Fiscal Land Use Study to analyze the City's remaining development capacity and market absorption potential for residential, commercial, and industrial development. The final phase is to work with a General Plan Advisory Committee to update to the General Plan and EIR over an 18-month timeframe. (PETERS)
Quality of Life Master Plan Update: On April 27, 2021, the City Council established a Blue Ribbon Committee (BRC) to update the Quality of Life Master Plan (QLMP). The QLMP identifies the City's six core values, including: 1) Healthy and Livable City; 2) Economic Prosperity; 3) Safe and Prepared Community; 4) Sustainable City; 5) Transportation Mobility and Connectivity; and 6) Accountable and Responsive City Government. Projects and programs proposed in the City's Annual Operating Budget and Capital Improvements Program must be consistent with the City's Core Values. Performance measures (indicators) are measured annually to track progress and the completion of goals and objectives. The last BRC meeting is scheduled for June 2, 2022. The QLMP is tentatively scheduled for the August 23, 2022 City Council meeting. (PETERS)
Expanded Outdoor Dining and Retail in Old Town: Staff brought this item before City Council on June 8, 2021, for further discussion. The City Council directed staff to extend the temporary program for one year
and explore a permanent outdoor dining program. The program expires June 30, 2022. (PETERS,
WATSON)
Permit Ready ADU Program (LR19-1464): The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare, adopt, and implement a Permit Ready Accessory Dwelling Unit (ADU) program. The ADU program will encourage the construction of ADUs, offering property owners a selection of pre -approved ADU building plans that can be obtained at the Community Development Department, free of charge. On September 16, 2020, the RFP closed on PlanetBids. The City received three detailed proposals from qualified consultants. After detailed review of all the proposals, staff selected checkerboardSTUDIOS Consultant Firm. On March 18, 2021, staff kicked off the project with the Consultant and staff from Planning, Building & Safety, Public Works, and Fire. This will be a joined effort between the internal departments and the consultant. Staff is working with the consultant on the first task (Phase 1: Schematic Design), staff has provided feedback of the Schematic Design taking into consideration the School District and Development Impact Fee (DIF) fees, and appropriate unit type and size. On, October 19, 2021, staff presented at the draft site plan and architecture designs to the Southern Riverside County Association of Realtors (SRCAR). On November 30, 2021, staff held an Open House to solicit feedback from the professional community (i.e., Engineers, Contractors, Architects, etc.), the meeting will be open to the public. The Consultant is working on the construction drawings. (RABIDOU)
Transportation Discovery and Existing Conditions Analysis (LR20-1071): T The City received an SB 2 Grant from the State Department of Housing and Community Development (HCD) to prepare an internal document for staff to identify potential transportation focused areas as part of Phase 2 of our General Plan Update process and timeline. The City has hired Fehr & Peers (F&P) to document existing transportation conditions in the City, provide benchmarking information on how transportation facilities, transportation use and policies compares to other peer agencies (through benchmarking) and will evaluate how much of the current Circulation Element has been implemented. Staff worked with F&P to identify methodology, thresholds, and mitigation to address VMT for the California Environmental Quality Act evaluation, which the City Council adopted in May 2020. On July 19, 2021, Staff has a scheduled internal meeting with Fehr & Peers, they present to staff the Data Collection Status. Currently, the consultant is developing the three scenario runs to be reviewed by staff prior to conducting a full model run. (PETERS) Mobile Food Trucks (LR20-1472): On February 23, 2021, staff presented to the Economic Development Subcommittee members (ME/JS) on Mobile Food Trucks (MFT). This was a noticed meeting with one public comment in favor of MFT, read by Stuart Fisk. The intent of the meeting was to get the subcommittee's feedback on the potential for MFT to operate in the City. Staff presented the definition of MFTs, existing regulations, standards of operation to consider, and Pros & Cons list. The subcommittee advised staff to create a framework and come back to the committee for discussion. Staff is working on developing the framework. Staff took the draft to Community Development Brainstorming Meeting on May 4, 2022, for review. Revisions necessary. (COLLINS)
Animal Ordinance (LR21-0130): An ordinance to consolidate animal keeping into Title 6 of the Municipal Code, comply with SB 573 (microchipping of cats and dogs). Staff presented the draft ordinance to the Planning Commission Municipal Code Maintenance Subcommittee on April 20, 2022 (Hagel, Ruiz), there was support for the draft ordinance, specifically the exemptions provided for. Staff presented the draft ordinance to the City Council Public Safety Subcommittee on April 26, 2022 (Rahn, Alexander) staff was asked to look into the 400-foot setback for beehives, as well modifying large animal keeping setback requirements to be 75-feet from adjacent property line as opposed to adjacent structures. Staff has reached
out to the California State Beekeepers Association for guidance, our 400-foot setback is average when compared to other municipalities bee keeping standards. Staff is working to analyze impacts to property owners if the 75-foot measurement was changed to adjacent property line. The project is scheduled for the May 4, 2022 Planning Commission meeting recommending that the City Council approve the ordinance at the May 24, 2022 City Council meeting. (COLLINS)
Shopping Cart Ordinance (LR21-0909): An ordinance to modify Title 9 Public Peace, Morals and Welfare of the Temecula Municipal Code to regulate shopping carts. Shopping carts continue to be left throughout the City, costing taxpayers and businesses money to retrieve, repair or replace these carts. The ordinance proposes mandatory physical measures for all retailers with shopping carts, exemptions provided for, exemptions are invalid for retailers whose carts are found more than 3 times in a 12-month period. Staff presented the draft ordinance to the City Council Public Safety Subcommittee on January 18, 2022 (Rahn, Edwards), direction to staff was to conduct more outreach to businesses, chamber of commerce as well as to present the ordinance to the Planning Commission Commercial Center Subcommittee. Staff hand delivered 82 letters to all businesses within the City, presented the draft ordinance to the Temecula Valley Chamber of Commerce on January 11, 2022 and presented to Planning Commission Commercial Center Subcommittee on February 16, 2022 (Turley-Trejo, Watts), Commissioners were supportive of the ordinance, recommended the framing be as a responsibility and not assign blame. Staff was requested to present again to the Subcommittee's to show outreach efforts and report feedback. Planning Commission Commercial Center is scheduled for June 1, 2022, and City Council Public Safety Subcommittee on July 12, 2022. (COLLINS)
Temecula Creek Wildfire Risk Reduction Community Plan (LR21-1331): Temecula applied for and was awarded a $300,000 grant to develop Temecula's first Community Wildfire Protection Plan (CWPP).
The grant has a $78,000 match (staff time), the remainder is to onboard a consultant to draft the plan. Staff is drafting the Request for Proposals (RFP) and is scheduled to be released for bids on May 23, 2022. (COLLINS)
Waves to Wineries: Staff is working with the National Parks Service on the Waves to Wineries Trail Plan.
The purpose of this plan is to unite Temecula Wine Country with the Pacific Coast by identifying a network of trails along the Santa Margarita River corridor. (PETERS)
HOUSING
Las Haciendas Affordable Housing Project: The City is processing a Development Plan for a 77-unit affordable multi -family housing community consisting of two residential buildings, a community building and tuck -under parking located at 28715 Las Haciendas. The City Council approved a Loan Agreement with Community Housing Works (CHW) for the use of affordable housing tax allocation bond proceeds on May 26, 2020. The developer held a virtual community workshop on July 28, 2020. The item was approved by the Planning Commission on October 7, 2020. An amendment to the Loan Agreement was approved at the April 27, 2021 City Council meeting. A tax allocation application was forwarded to the state in March, 2021.
The applicant has submitted Building Permits and Grading Permits. CHW was awarded tax credits in June 2021. The project is under construction. (RABIDOU, WATSON) Vine Creek Disposition and Development Agreement (DDA): City Council approved the DDA with Temecula Pacific Associates on June 25, 2019 for the development of 60 affordable units on City -owned property on Pujol Street. The developer is looking to secure financing from the State of California prior to
construction. The City and developer will collaborate with the County of Riverside and the State Department of Housing and Community Development for additional funding opportunities through the Permanent Local Housing Allocation grant. A tax allocation application was forwarded to the state in March 2021. (WATSON)
Housing Element Update (LR18-1620): The City is working with De Novo Planning Group to update the 2021-29 Housing Element. De Novo will also assist with the Regional Housing Needs Assessment (RHNA) process, community engagement, and California Environmental Quality Act. The current Housing Element was certified by the Department of Housing and Community Development (HCD) in 2013 and serves as the foundation for the update. The Housing Element is a required part of the City's General Plan and is a blueprint for meeting the housing needs of residents, at all economic levels, and addressing segments of the population with special needs. The City Council General Plan Ad Hoc Subcommittee, consisting of Council Member Edwards and Mayor Rahn, and the Planning Commission General Plan Ad Hoc Subcommittee, consisting of Commissioners Watts and Turley-Trejo, will serve as advisory bodies.
Running concurrently with the Housing Element Update is the Regional Housing Needs Assessment (RHNA). The RHNA planning cycle is an eight -year cycle and covers October 2021 through October 2029.
The Final RHNA allocation was issued in September 2020. Staff is working with the consultant to update data and write draft chapters. A Housing Workshop was held on August 17, 2021, with approximately 12 attendees. The item was recommended for adoption by the Planning Commission at the September 15, 2021, Planning Commission meeting. The Riverside County Airport Land Use Commission (ALUC) and California Board of Forestry and Fire Protection have signed -off on the Housing Element. The item was approved by the City Council on October 12, 2021. The City Council adopted the revised Housing Element on February 8, 2022. Staff has received a comment letter from HCD and will be making recommended changes. (RABIDOU, PETERS)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
M Mortgage and Rental Assistance Program (MRAP): This program will provide rental and mortgage assistance to those eligible recipients who were negatively impacted by COVID-19. Checks are being issued for eligible recipients. Over $70,000 in funds have been distributed. The program is nearing completion as of May 1, 2022. (RABIDOU, WATSON)
Five Year Consolidated Plan: The City is kicking -off an update to the CDBG Consolidated Plan.
Workshops were held on October 27, 2021. Citizens and other stakeholders attended the meeting and provided feedback. The survey period concluded in late January 2022. Additional information will be available at TemeculaCA.gov/CDBG. The item was approved by City Council in April 2022. (RABIDOU,
WATSON)
BUILDING & SAFETY
Building and Safety statistics for April 2022 are highlighted in the following table.
Building & Safety Statistics
April 2022
Permits
454
New Single Family Units
New Commercial Building
0 Photovoltaic
Tenant Improvements
13 Non Construction C of Q
Number of Active Plan Checks
1005
Number of New Plan Checks
23a
Number of Finaled Permits
296
Inspections
2377
Inspections Per Day
113.19
Inspections Per Person Per Day
28.29 Stops Per Month
914
Visitors to Co nter
738
New Construction Projects Currently in Plan Check
❑ Truax Hotel (161,586 SF)
❑ Parking Structure on 3rd Street (48,907 SF)
❑ Generations at Linfield - memory care/assisted living (59 apartments and 32 condos) ❑ Hotel (38,202 SF) on Jefferson and Winchester
❑ Hotel Curio (72,486 SF with 31,808 SF basement Parking) 4th Street ❑ Solana Way Senior Assisted Living and Memory Care (72,882 SF) ❑ Temecula Hyundai Service Building (5,753 SF)
❑ New Industrial Building (32,792 SF)
❑ New Margarita Recreation Center (8,161 SF)
❑ Nine (9) Industrial Buildings — Mountain View (219,609 SF total) ❑ Longhorn Steakhouse (5,710 SF) (old Marie Callendar's location) Non -Construction Certificate of Occupancy
❑ The Urban Island Restaurant (2,600 SF)
❑ Live Well Family Counseling (2,234 SF)
Tenant Improvement
❑ Dave's Hot Chicken (1,924 SF)
11 Boba Time (819 SF)
CODE ENFORCEMENT
During the month April, Code Enforcement responded to 75 web inquiries. In addition, the division opened 79 code cases, conducted 93 regular inspections, and forwarded 11 referrals.
Type of Code Case
pop
Abandoned or Inoperable Vehicle
1 Vacant Home / Prop, Maintenance/Infestation/ Mold
Business or Home Occupation w10 license/CUP
2 Trash and Debris/ Dumping
Fr
Overgroti +n Vegetation /Weeds /Fire Hazard
7 Green Pool / Vector Control / Stagnant Water
G raffiti
7 Noise/Nuisance/Animal Control
Trailer / RV Stared/Boat/Parking
12 Construction w/o Permit/Building Code
Encroach Public ROW /Trash Cans
7 Zoning/Signs
Public Safety & H ealth
77 1
Total Flurnber Of Cases
Foreclosure Tracking: Code Enforcement works with the local real estate community to monitor foreclosures, defaults and real estate owned properties.
Foreclosure Tracking
April2022
Residential Defaul
29 Residential - Foreclosure
12 Residential - REO
14 Total - Residential
55 Commercial - Default
Commercial - Foreclosure
0 Commercial - REO
2 Total - Commercial
2 ATTACHMENT: Current Planning Activity Report
PLANNING ACTIVITY REPORT
Assigned Approval
PA Number Project Address APN Planner Apply Date Date
Applicant Company Owner
Plan Type
Status
PA22-0389 29825 Santiago Rd 922-130-016 Scott Cooper 04/01/2022 04/05/2022 Rick Jaeger Reliance
PL
Approved
Temecula, CA 92592
Church
Modifications
Case Title / Description: Reliance Church MOD: A Modification (Planning Review Only) for Reliance Church to revise the phasing of the project and addition of windows and doors from the previously approved plans (PA15-0583, PA16 1634). The project is located at 29825 Santiago Road PA22-0393 31990 Temecula Pky 959-090-013 Jaime Cardenas 04/04/2022 Ashlee Turner
PL Zoning or
Plan Review
Temecula, CA 92592
Planning Letter
Case Title / Description: 31990 Temecula Parkway ZL: a zoning verification letter for the property located at 31990 Temecula Parkway (APN 959-090-013).
PA22-0396 921-330-056 Jaime Cardenas 04/06/2022
Kayla Sharp
PL Zoning or
Plan Review
CA
Planning Letter
Case Title / Description: Solana and Margarita ZL: a zoning verification letter for the parcel associated with Assessor's Parcel Number 921330056.
PA22-0397 921-330-057 Jaime Cardenas 04/06/2022
Kayla Sharp
PL Zoning or
Plan Review
CA
Planning Letter
Case Title / Description: Solana and Margarita ZL: a zoning verification letter for the parcel associated with Assessor's Parcel Number 921330057.
PA22-0398 964-640-027 Jaime Cardenas 04/06/2022
Dena Upp escrow acct WOODSIDE
PL Temporary
Plan Review
Temecula, CA 92591
5074 HOMES OF
Use Permit
authorized SOUTHERN
user CALIF
Case Title / Description: Sommers Bend Model Home Complex (PA31A): a Model Home Complex for PA31A of Sommers Bend for three (3) model homes, a sales office, landscaping, and parking lot.
PA22-0405 41720 Winchester Rd 909-270-017 Jaime Cardenas 04/08/2022 Alondra K & K CHAE
PL Sign
Plan Review
Temecula, CA 92590
Summerset DEV INC
Program
Case Title / Description: Winchester Pavilion (#64) Sign Program Amendment: a Sign Program Amendment application to add a new sign placement area to the existing building located at 41720 Winchester Road
PA22-0408 41950 6Th St 922-024-003 Eric Jones 04/11/2022 Crystal McFarlin
PL Temporary
Plan Review
Temecula, CA 92590
Use Permit
Case Title / Description: Pretty Little Market and Art Supply Drive Temporary Use Permit: A Temporar) Use Permit to allow a vendor fair with live entertainment on June 4, 2022 from 9 AM to 7 PM. The project is located at 41950 6th Street.
Assigned Approval
PA Number Project Address APN Planner Apply Date Date
Applicant Company Owner Plan Type Status
PA22-0410 41280 Placer Lafite 953-390-002 Jaime Cardenas 04/11/2022 04/11/2022 Justin Davis Rancho PL Wireless Corrections
Temecula, CA 92591
California Water Antenna Facility
District
Case Title / Description: Verizon Placer Lafite WTF: a Wireless Telecommunication Facility Application fore Verizon to remove existing wireless equipment and replace with three (3) antennas on three (3) new antenna mounts, (6) RRH's, two (2) hybrid cables, and one (1) surge protector on the existing monopine at the General Kearney Reservoir located at 41280 Placer Lafite.
PA22-0411 31901 Campanula Way 959-390-016 Jaime Cardenas 04/11/2022 04/27/2022 Jay Georgeff Campanula PL Approved
Temecula, CA 92592
Apartments Modifications
Case Title / Description: Vineyards at Paseo Del Sol Apartments Paint MOD: a modification application for the Vineyards at Paseo Del Sol to repaint the exterior building's paint, trims, accents and garage doors with a new paint scheme. The main property address is 31901 Campanula Way.
PA22-0424 41950 4Th St 922-034-020 Scott Cooper 04/15/2022 Matt Liesemeyer TV Old Town LP PL Extension of Plan Review Temecula, CA 92592
Time
Case Title / Description: 4th St. Hotel EOT (DP): The second Extension of Time application for previously approved Development Plan (PA17-0854) for a four-story hotel with underground parking located approximately 50 feet southwest of Mercedes Street on the south side of 4th Street.
PA22-0442 27406 Senna Ct 920-131-016 Eric Jones 04/20/2022 Walter Eden Trevor Eden PL Accessory Plan Review
Temecula, CA 92591
Dwelling Unit
Case Title / Description: 27406 Senna Court ADU Application: An accessory dwelling unit application to review a proposed ADU located at 27406 Senna Court.
PA22-0450 43920 Butterfield Stage Rd 966-010-008 Jaime Cardenas 04/21/2022 Brittney Gill Temecula Pkwy PL Zoning or Plan Review
Temecula, CA 92592
Self Storage Planning Letter
Case Title / Description: 43920 Butterfield Stage Road ZL: a zoning verification letter for the property located at 43920 Butterfield Stage Road (APN 966-010-008) PA22-0456 32296 Penstemon Way 964-640-027 Jaime Cardenas 04/22/2022 Dena Upp escrow acct WOODSIDE PL Temporary Plan Review
Temecula, CA 92591
5074 05S Use Permit
authorized
user
Case Title / Description: Sommers Bend PA31A Construction Trailer TUP: A Temporary Use Permit to allow for a temporary construction trailer on site throughout the construction of Sommers Bend PA31A.
PA22-0458 26420 Ynez Rd 910-320-035 Scott Cooper 04/25/2022 Nina Raey Souplantation PL Plan Review
Temecula, CA 92591
(dba) Modifications
Case Title / Description: Benihana Elevations MOD: A Modification (Planning Review Only) for exterior color and material changes of an existing building located at 26420 Ynez Road.
Assigned Approval
PA Number Project Address APN Planner Apply Date Date Applicant Company Owner Plan Type Status PA22-0459 44501 Rainbow Canyon Rd 922-220-003 Jaime Cardenas 04/25/2022 Rachel Bruin PECHANGA PL Wireless Plan Review Temecula, CA 92592 RESORTS INC Antenna Facility
Case Title / Description: Wailea Verizon WTF MOD: a Wireless Antenna Facility application to allow for the installation of three new antennas, two new raycaps, and other miscellaneous equipment to the existing wireless antenna facility located at 44501 Rainbow Canyon Road.
PA22-0461 41520 Margarita Rd 954-020-005 Jaime Cardenas 04/25/2022 Mitchell Yahata Rancho PL Wireless Plan Review Temecula, CA 92592 California Water Antenna Facility
District
Case Title / Description: Rancho Water District WTF MOD: a Wireless Telecommunication Antenna Facility to add new antennas, RRU's and new electrical equipment at the existing wireless antenna equipment located at 41520 Margarita Road.
PA22-0462 33320 Temecula Pky 965-410-003 Jaime Cardenas 04/25/2022 Rose Corona
Corona Family
PL Temporary
Plan Review
Temecula, CA 92592
LTD
Use Permit
Partnership
Case Title / Description: Big Horse Corn Maze TUP: a Temporary Use Permit for the annual Big Horse Corn Maze event with vendors, food, and corn maze and a pumpkin patch at 33320 Temecula Parkway.
PA22-0463 40710 Winchester Rd 910-420-029 Scott Cooper 04/25/2022 04/26/2022 Darlene
Seritage
PL Sign
Approved
Temecula, CA 92591
Fenstermacher
Program
Case Title / Description: Promenade Mall Sign Program Amendment: A Sign Program Amendment for Sign Program #102 to allow for Dick's Sporting Goods to increase the size of three (3) signs for the main entrance and wall signs located at 40710 Winchester Road PA22-0464 40820 Winchester Rd 910-420-030 Jaime Cardenas 04/25/2022 Oscar Snow
Fresh Hot Fish Temecula
PL Temporary
Plan Review
Temecula, CA 92591
Towne Center
Use Permit
Assoc
Case Title / Description: Fresh Hot Fish TUP: A temporary use permit for "Fresh Hot Fish" to operate outside of 40820 Winchester Road Suite 2000 (Lucille BBQ) every other Friday until August 8, 2022.
PA22-0467 40640 Winchester Rd 910-420-028 Jaime Cardenas 04/26/2022 Robin Eames
J C Penney
PL Temporary
Plan Review
Temecula, CA 92591
Prop Inc
Use Permit
Case Title / Description: Spring Carnival TUP: a Temporary Use Permit to allow for carnival rides, games, and food at the JC Penney parking lot located at 40640 Winchester Road from May 19 through May 22.
Assigned Approval
PA Number Project Address APN Planner Apply Date Date Applicant Company Owner Plan Type Status PA22-0470 44618 Pechanga Pky 961-440-014 Jaime Cardenas 04/26/2022 Will Kazimi Cubesmart PL Wireless Plan Review Temecula, CA 92592 Antenna Facility
Case Title / Description: Cubesmart AT&T WTF CUP: a Conditional Use Permit for a new Wireless Telecommunication Facility consisting of ground equipment, four (4) sector array with five (5) antennas per sector, 36 RRUs on a 60-foot tower disguised as a eucalyptus tree at the cubesmart storage facility located at 44618 Pechanga Parkway.
PREAPP22- 26770 Ynez Ct 921-750-014 04/01/2022
0385 Temecula, CA 92591
Case Title / Description: California Home School Center Pre -Application: A Pre -Application to review a proposed homeschool tutoring center located at 26770 Ynez Court.
Heather AONE PL Plan Review
Johnson-Salaiz DEVELOPMEN Pre -Application
T, LP
PREAPP22- 921-281-014 Jaime Cardenas 04/05/2022 Mike Bareh Thompson PL Plan Review 0394 CA Magnetics Inc. Pre -Application
Case Title / Description: Baldaray Circle Warehouse Buildings: a Pre -application to review two (2) proposed industrial buildings at the .59-acre property with assessor's parcel number 921-281-014 (related case PR21-1439).
PREAPP22- 28721 Old Town Front St 922-073-026 04/28/2022 Christopher PL Plan Review 0479 Temecula, CA 92590 Campbell Pre -Application
Case Title / Description: Warehouse on Front Pre -Application: A Pre -Application to review a proposed entertainment venue located within an existing building at 28721 Old Town Front Street.
Item No . 28
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: John Crater, Division Chief
DATE: May 24, 2022
SUBJECT: Fire Department Monthly Report
PREPARED BY:
RECOMMENDATION:
Report.
Wendy Miller, Management Analyst
That the City Council receive and file the Fire Department Monthly
City of Temecula Fire Department
Temecula Fire Department Service Calls
April 2022
Incident Type
Commercial Fire 3 • •
False Alarms 61
Haz Mat 1 � '• '°k8tx ,a;
� ` �i w, • b+ • � .� mm way y
Medical 625
1989 Multi-Fam 0
p Frw •• r •• i` w• +� s
. WWOM Other Fire 4 • N ': • + •
Other Misc 12 -,W T.. .. .
Ir""I-
A .� . •
6 rr •'•.yi ��`�'�' ��w _ •b • • , • PA U6A L- `ALLEY
Public Assist 45 "° "°�_s '
Residential Fire 4 ,'';��.; Sim°�--_ , ` ' i „�
Rescue 2'�-es �• • �'. •'� •N
.rE� i _ ..� • •i• • .t • N,
Pr.
Ringing Alarm 2 �� a fib ^h. ••r
„. r., ti 7
Standby 5°' r . • s
PCCHANGA CASINO''JW�RY
Traffic Collision 58 ,, * Y . � ,,` •.t oz r .aga
Wildland/Vehicle Fire 4 F,
Total 826
City of Temecula Fire Department
Temecula Fire Department
Plan Review and Inspections
April 2022
�116 0481959/y i1
Plan Review and Inspections
Plan Review
Construction Inspections
Annual Inspections
Counter/Public Inquiries
Year to Date
1880
1753
City of Temecula Fire Department
Temecula Fire Department
Classes April Medic Program
Heart saver CPR 33
Heart saver First Aid 25
BLS CPR 2
Stop the Bleed 2
Extinguisher Trainer 5
Teen CERT Training 15
Great Oak High School
Stop The Bleed Program
Sidewalk CPR Classes
Item No. 29
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Patrick Thomas, Director of Public Works/City Engineer DATE: May 24, 2022
SUBJECT: Public Works Department Monthly Report
RECOMMENDATION: Receive and file the Public Works Department Monthly Report for Capital Improvement Projects, Maintenance Projects, and Land Development Projects. This report may also be viewed on the City's website at:
http://temeculaca.gov/270/Cqpital-Improvement-Projects-CIP
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
CAPITAL IMPROVEMENT PROJECTS
CIRCULATION PROJECTS
Cherry Street Extension & Murrieta Creek Crossing, PW19-15 Description: Preliminary design of the Extension of Cherry Street from Adams Avenue to Diaz Road, including a new crossing of Murrieta Creek.
Cost: $2,387,000
Status: Evaluating a change of scope for a bridge option. Currently in negotiations with the design consultant.
Diaz Road Expansion, PW17-25
Description Improve Diaz Road to meet the roadway classification of Major Arterial (4 Lanes Divided), between Cherry Street and Rancho California Road. The 2.2-mile stretch will be widened, extended, and/or improved to create a contiguous Major Arterial segment. The project will be developed and constructed in two phases.
Phase 1 will include improvements on Diaz Road from Winchester Road to Rancho California Road. Phase 2 will include improvements on Diaz Road from Cherry Street to Winchester Road.
Cost: $14,255,991
Status: Phase 1 design, Phase 1 & 2 environmental studies, and Phase 1 permitting November 2019 — January 2023. Current activities include approval of the Initial Study and adoption of the Mitigated Negative Declaration, City review of 90% PS&E, utility purveyors review of 90% design plans, Riverside County Flood Control review of 90% design plans and Encroachment Permit application, coordination with utility companies, and preparation of applications for regulatory permitting.
French Valley Parkway/Interstate 15 Improvements- Phase II, PW16-01 Description: Design and construction of the two-lane northbound collector/distributer road system beginning north of the Winchester Road interchange on -ramps and ending just north of the Interstate 15/Interstate 215 junction with connection to Interstate 15 and Interstate 215.
Cost: $137,356,246
Status: Currently in design. Environmental revalidation is complete. Right of way acquisition process is well underway.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
CIRCULATION PROJECTS (Continued)
1-15 Congestion Relief, PW19-02
Description Design and construction of a single auxiliary lane, northbound Interstate 15 connecting the Temecula Parkway on -ramp to the Rancho California Road off -ramp.
Cost: $8,971,710
Status: Design and environmental studies November 2019 — September 2022. Current activities include City revision of 95% Roadway and Structures PSE, Storm Water Data Report, Drainage Report, and Permit Engineering Evaluation Report. Caltrans has tentatively approved the CEQA Categorical Exemption. The Notice of Determination will be filed upon project approval under the Permit Engineering Evaluation Report.
Interstate-15 / State Route 79 South Ultimate Interchange, PW04-08 Description Construction of ramp system that will improve access to Interstate 15 from Temecula Parkway / State Route 79 South.
Cost: $52,025,657
Status: Per a 3-year Landscape Maintenance Agreement with Caltrans, the City will maintain the interchange site from June 30, 2020 through June 30, 2023. The City is working with Caltrans on the relinquishment of the interchange right-of-way to the State inventory.
Murrieta Creek Bridge at Overland Drive, PW16-05
Description: Design and construction of a new bridge crossing over Murrieta Creek between Rancho California Road and Winchester Road.
Cost: $14,307,394
Status: The City applied and was approved to receive Federal Highway Bridge Program (HBP) funds. City Council approved the design agreement with CNS Engineers Inc. at the March 12, 2019 meeting. Preliminary Environmental Study (PES) approved by Caltrans on August 15, 2019. Plans are 30% complete. RCA JPR Conformance is approved. NEPA approval is anticipated in June of 2022, Caltrans review time has been longer than anticipated. Biological monitoring in Temecula Creek for potential mitigation site is complete as of July 2021. CEQA is pending results of Temecula Creek monitoring and review by RCA.
Staff continues to work with Caltrans to advance HBP Grant Funds to earlier fiscal years. Caltrans HBP Program management has proposed reducing the curb to curb width of the bridge that is considered "participating" for grant funding purposes. Staff is addressing this issue with Caltrans HBP Program as the bridge width is the same as original approved grant application.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
CIRCULATION PROJECTS (Continued)
Overland Drive Widening, PW 20-11
Description This project includes widening Overland Drive from Jefferson Avenue to Commerce Center Drive, to two lanes in each direction, and the completion of missing segments of sidewalk, streetlights, and installation of the traffic signal at Commerce Center Drive and the modification of the traffic signal at Jefferson Avenue.
Cost: $1,340,400
Status: Design is at 60%.
Traffic Signal Installation — Citywide, Rancho California Road and Tee Drive, PW19-19 Description: This project includes the installation of a traffic signal on Rancho California Road at Tee Drive.
Cost: $346,646.50
Status: Design is completed. Construction plans and specifications are being finalized. City approval of plans and authorization to solicit construction bids is scheduled for the May 24, 2022 City Council meeting.
Traffic Signal and Park & Ride Access Improvements, PW18-11 Description: This project includes the installation of a traffic signal on Temecula Parkway at Wabash Lane. The project also includes relocating the access to the Park and Ride facility on Temecula Parkway at La Paz Road from Vallejo Avenue to Wabash Lane.
Cost: $1,347,674
Status: City Council awarded the construction contract at the meeting on May 25, 2021. Construction started June 21, 2021. Construction completion is anticipated in June of 2022. 3 City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
INFRASTRUCTURE PROJECTS
Bike and Trail Program — Great Oak Trail Lighting
Description: Project includes the installation of solar lights along the Great Oak Trail adjacent to the northeast side of Pechanga Parkway from Deer Hollow Way to Loma Linda Road.
Cost: $400,000
Status: Project is currently in design.
Citywide Drainage Master Plan
Description: Project will prepare a report that shows all drainage courses within the City. Also includes a master hydrology study showing the anticipated storm flows at build -out.
Cost: $600,000
Status: The scope of work was finalized with the selected consultant. Approval of the consulting agreement is scheduled for the May 24, 2022 City Council meeting.
Community Recreation Center (CRC) Renovations, PW19-07
Description: The project facilitates the rehabilitation, improvement, and reconfiguration of the Community Recreation Center. This project includes expansion and reconfiguration of teen center; conversion of office space to accommodate a dedicated police substation; renovation of key components of the building including safety features, flooring, roof, and restroom facility access; ADA compliance; renovation and expansion of existing office space and rec rooms including AV upgrades; expanded storage space and upgraded kitchen equipment.
Cost: $5,000,000
Status: Phase 1 design is progressing. Reviewed 100% plans. 4 City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
INFRASTRUCTURE PROJECTS (Continued)
Interstate 15 / State Route 79 South Interchange Enhanced Landscaping, PW17-19 Description: Landscape beautification of the Interstate 15 corridor between French Valley Parkway and Temecula Parkway, including each interchange, in association with Visit Temecula Valley and the Pechanga Tribe.
This project includes the design and construction of enhanced landscaping, hardscape, and irrigation between the freeway and ramps on the west side of the Interstate 15 / State Route 79S (Temecula Parkway) interchange.
Cost: $3,533,483
Status: Design and environmental studies August 2019 — August 2022. Environmental revalidation completed October 2020. Current activities include 90% design plans, design of new power and irrigation water service, and Design Engineering Evaluation Report.
Margarita Recreation Center, PW17-21
Description: Demolition and Reconstruction of New Margarita Recreation Center Building and Pool Cost: $10,656,507.91
Status: RFP responses were received on August 27, 2020. The project was re -advertised on November 25, 2020 to account for increased project budget and proposals were received on December 23, 2020. The Design - Build Contract was awarded at the March 9, 2021 City Council Meeting to De La Secura Builders, Inc., for a Guaranteed Maximum Price of $8,680,459.00. Design phase is well underway. The second building plan review was completed on January 25, 2022 and the Design Builder is working to address comments.
The existing MRC building was vacated by City Staff and all salvageable equipment removed on January 28, 2022. The Fire Department used the existing building for training the week of February 7, 2022. The demolition of the existing MRC building started on February 14, 2022. Major demolition activities commenced mid -March. City Groundbreaking occurred on March 31, 2022. Building and foundation demolition is complete. It is anticipated building construction will be complete in February of 2023 with a grand opening in Spring 2023.
Mary Phillips Senior Center Enhancement and Renovation, PW20-13 Description: The project includes the enhancement and renovation of the Mary Phillips Senior Center. Work includes new exterior siding, painting, replacement of perimeter soffits, fascia boards, eaves, and select doors & windows.
Cost: $1,000,000
Status: In design. Reviewed 90% plans.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
INFRASTRUCTURE PROJECTS (Continued)
Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect, PW08-04 Description: Design, environmental document, and construction of the extension of the existing trail from Ynez Road to the Murrieta Creek Trail. The extension includes access and under -crossing at Ynez Road, Interstate 15 and Jefferson Avenue and a continuous paved trail along Santa Gertrudis Creek to connect to Murrieta Creek trail.
Cost: $6,288,595
Status: The California Transportation Commission (CTC) has approved $3,759,000 State S131 Alternative Transportation Program (ATP) Augmentation funds for this project. The Notice to Proceed for construction was issued to the contractor with a work start date of April 19, 2021. Groundbreaking event occurred on May 4, 2021. Jefferson undercrossing section is complete. Asphalt paving between Jefferson and Winchester near Diaz is complete. Ynez undercrossing section is complete. Tieback wall section under I- 15 section is complete. Contractor is currently working to lower wall section of 1-15. Completion is anticipated in June of 2022, however the current concrete shortage may extend the completion date.
Santa Gertrudis Creek Phase II — Margarita Under -Crossing, PW19-04 Description: Design, environmental document, and construction of the undercrossing in Santa Gertrudis Creek at Margarita Road to connect to the pedestrian/bicycle trail. The under -crossing at Margarita Road will provide a continuous paved trail along Santa Gertrudis Creek at this location.
Cost: $2,716,764
Status: The project is in design. 100% Plans, Specifications, and Estimate (PSE) expected in July 2022.
Sidewalks — Citywide (Ynez Road, Rancho Highland to Tierra Vista Road), PW17-28 Description: New sidewalks on the west side of Ynez Road from Rancho Highland to Tierra Vista Road.
Cost: $198,920
Status: Design is complete. City approval of plans and authorization to solicit construction bids is scheduled for the May 24, 2022 City Council meeting.
N.
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
INFRASTRUCTURE PROJECTS (Continued)
Sidewalks — DLR Drive, PW19-18
Description: New sidewalks on the north and west side of DLR Drive.
Cost: $442,077
Status: Currently solicitating construction bids with bid opening scheduled on May 17, 2022.
Sidewalks — Citywide (Pauba Road, Elinda Road to Showalter Road), PW 19-20 Description: New sidewalks and street widening on the South side of Pauba Road from Elinda Road to Showalter Road.
Cost: $467,403
Status: Project is currently in design.
Sidewalks — Old Town Improvements (Fifth Street from Front Street to Murrieta Creek), PW20-02
Description: Curb and sidewalk improvements on the north side Fifth Street, between Front Street and Murrieta Creek.
Improvements include grind/overlay of entire street, tree grates, bollards, streetlights.
Cost: $159,267.30
Status: Construction is complete.
Fire Station 84 Renovation, PW19-14
Description: This project includes the design, construction and renovation to Fire Station 84. The renovations include, adding a Wellness Room, expanding the Storage Room and upgrading the Training Room. Also, the upgrades include, electrical, windows, flooring, paint, tile, HVAC, cabinets, plumbing fixtures, garage bay doors and any necessary improvements needed to conform to ADA accessibility access.
Cost: $1,208,145
Status: City approval of plans and specifications and authorization to solicit construction bids is scheduled for the May 24, 2022 City Council meeting.
7 City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
PARKS AND RECREATION PROJECTS
Flood Control Channel Reconstruction and Repair, PW11-10 Description: This project repairs and reinforces the earth and berms between Pala Park and Temecula Creek and fortifies the banks to prevent further erosion into the park site.
Cost: $1,280,284
Status: The environmental document, CEQA IS/MND, was approved at the July 27, 2021 Council Meeting. Project was advertised for bids between September 9, 2021 and October 7, 2021. Bids were opened on 10/07/2021. Construction contract was awarded at the 10/26/2021 City Council meeting. Wall construction is complete and backfilled. Construction completed on March 20, 2022. All temporary fencing has been removed. Punchlist items are being addressed and should be done this month (May).
Park Restroom Renovations, Expansion and Americans with Disabilities Act (ADA), PW17-06 Description: Renovation of various park site restroom facilities, including Ronald Reagan Sports Park North/South Ball Field (new roof, cabinets, fixtures, and other building improvements), Vail Ranch Park and Long Canyon Creek Park.
Cost: $1,127,800
Status: Project is currently in design.
Playground Equipment Enhancement and Safety Surfacing
Description: Re -design, enhancement of playground equipment, and safety surfacing to comply with current state and federal regulations and enhance the quality of the parks.
Cost: $800,000
Status: An RFP is being prepared for the design, purchase & installation for three playground project sites — Redhawk Community Park, Long Canyon Creek Park & Temecula Creek Park.
Ronald Reagan Sports Park Restroom Expansion and Renovation, PW18-03 Description: Design and construction of a new restroom building, including additional stalls and urinals, a large snack bar and a dedicated storage case.
Cost: $1,120,000
Status: Project was advertised, and construction bids were opened on March 3, 2022. The construction contract was awarded at the April 12, 2022, City Council meeting. Construction is set to begin May 16, 2022. 8 City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS
American Tire Depot
Description: A 7,303 square foot building to be used for tire retail and repair, as well as minor auto repair services, located at the southwest corner of Ynez Road and DLR Drive.
Status: Parking lot has been paved. Wet utility tie-in construction has commenced.
Arrive @ Rancho Highlands
Description: A 270-unit multi -family community built on 12.32 acres that includes 55 affordable units. The project is located adjacent to the Temecula Duck Pond approximately 775 feet southeast of Rancho California Road on the north side of Ynez Road.
Status: Grading and onsite storm drain permits were issued in October 2021. Grading and onsite storm drain construction has commenced. Overflow parking lot has been paved.
Better Buzz
Description: Demolition of 445 square feet of an existing commercial building (former Corner Bakery), the addition of a drive-thru, the addition of tower with trellis, and changes to the elevations of the existing building located at 32435 Temecula Parkway
Status: Precise grading permit has been issued. Grading and construction has commenced and is ongoing.
Chick-fil-a
Description: Existing fast-food restaurant to reconfigure the existing drive-thru, relocate an existing trash enclosure and add square footage and landscaping.
Status: Precise grading permit was issued January 13, 2022. Grading and construction has commenced and is ongoing.
E
City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Heirloom Farms
Description: A Development Plan for a 321-unit single family residential community built on 27.86 acres consisting of detached homes and attached townhomes located on the southwest corner of Date Street and Ynez Road.
Includes the installation of a new Traffic Signal at the intersection of Ynez Rod and Waverly Lane/Temecula Center Drive
Status: Rough grading permit has been issued in July 2021, the offsite and private onsite street and storm drain improvements permits were issued in October 2021 and the traffic signal permit was issued in September 2021. Grading, street, and storm drain improvements and the traffic signal installation has commenced.
Precise Grading plans are currently being reviewed.
Las Haciendas Apartments
Description: A Development Plan to construct a 77-unit affordable housing project located at 28715 Las Haciendas Street in Uptown Temecula
Status: Precise grading permit was issued in December 2021. Grading has commenced in January 2022 and is ongoing.
Longhorn Steakhouse
Description: 5,708 square foot restaurant with outdoor patio located at 29363 Rancho California Road Status: Precise grading permit is approved. Construction expected to begin soon.
Mountain View
Description: Thirteen industrial buildings on Avenida Alvarado Status: Eight precise grading permits have been issued and construction has commenced. Improvements on Avenida Alvarado, along with street light installations is in process. Onsite storm drain installation has commenced.
10 City of Temecula
DEPARTMENT OF PUBLIC WORKS
PROJECT STATUS REPORT
May 24, 2022
LAND DEVELOPMENT OVERSIGHT PROJECTS (Continued)
Solana Assisted Living
Description: A 90,000 square foot, two-story, Senior Assisted Living Facility located on the southeast corner of the Margarita Road and Solana Way.
Status: A rough grading permit was issued in January 2022. Grading began on February 7, 2022. Street improvements and precise grading plans have been submitted for review.
Sommers Bend
Description: Land Development has provided oversight of the following submittals for plan check and inspections: final maps, Community Sports Park and recreation lots, precise grading; street and storm drain improvements; traffic signals; street lighting; and signing & striping.
Status: The mass grading permit was issued in September 2018. Sommers Bend has been paved with streetlights installed. The community sports park, Ranch at Sommers Bend, construction is complete and has been accepted at the February 8, 2022 Council Meeting with its Ribbon Cutting ceremony scheduled for February 12, 2022. The Sommers Bend recreation center construction is complete. Bond release for Long Valley Wash in process. Installation of streets, storm drains and streetlights on east end of project is in process.
Grading has been completed in the Density Core, currently installing sewer. Installation of Santa Gertrudis Creek Channel improvements northwest end of project is in process. 11