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HomeMy WebLinkAbout031809 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 18, 2009 - 6:00 PM Next in Order: Resolution: 2009-05 CALL TO ORDER: Flag Salute: Commissioner Chiniaeff Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio PUBLIC COMMENTS A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approved the Minutes of March 4, 2009 2 Director's Hearinq Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA08-0286, the second Extension of Time application for the Starworld Center with no proposed changes, located at 28865 Old Town Front Street. Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0286, THE SECOND EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND MINOR EXCEPTION FOR A 15,333 SQUARE FOOT COMMERCIAL BUILDING ON 1.4 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET SOUTH OF SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET (APN: 922-100-023) 4 Planning Application Number LR08-0046, an Ordinance adding Chapter 12.12 to the Temecula Municipal Code entitled Parades and Special Events on public property. Christine Damko RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY (LONG RANGE PLANNING PROJECT NUMBER LR08-0046) REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, April 15, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for vieWng the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.citVoftemeouIa.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MARCH 4, 2009 - 6:00 PM Next in Order: Resolution: 2009-05 CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION Commissioner Carey Carey, Chiniaeff, Guerriero, Harter, and Telesio 1.1 Approve the Minutes of February 18, 2009 APPROVED 5-0, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL COMMISSION BUSINESS 2 Long Range Planning Project LR08-0005, review and comment on CEQA Procedures Handbooks for Private Development and CIP Projects, Cheryl Kitzerow NO ACTION TAKEN, RECEIVE AND FILE RECOMMENDATION: 2.1 Receive and Comment REPORTS FROM COMMISSIONERS REPORTS FROM PLANNING DIRECTOR ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, March 18, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Patrick Richardson City Planner 1 ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, City Planner DATE: March 18, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for February 2009 Date Case No. Proposal Applicant Action February 19, 2009 PA08-0268 A Tentative Parcel Map to merge Hector Correa APPROVED six lots as associated with the Truax Building Development Plan located at the northwest corner of Mercedes and Second Streets February 26, 2009 PA08-0253 A Minor Conditional Use Permit for Simon Curtis APPROVED the sale of distilled spirits and live entertainment located at 28544 Old Town Front Street Attachment: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING FEBRUARY 19, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m Project Number: PA08-0268 Project Type: Tentative Parcel Map Project Title: Tentative Parcel Map 36008 Applicant: Hector Correa Project Description: A Tentative Parcel Map to merge six lots as associated with the Truax Building Development Plan Location: Northwest corner of Mercedes and Second Streets in Old Town Temecula Project Planner: Matt Peters / Cheryl Kitzerow ACTION: APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING FEBRUARY 26, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Debbie Ubnoske, Director of Planning PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the Planning Director on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Planning Director about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the Planning Director. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m Project Number: PA08-0253 Project Type: Minor Conditional Use Permit Project Title: The Edge Restaurant and Lounge Applicant: Simon Curtis Project Description: A Minor Conditional Use Permit at The Edge Restaurant and Lounge for the sale of distilled spirits and for live entertainment Location: 28544 Old Town Front Street Project Planner: Eric Jones ACTION: APPROVED The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. The packet will be available for viewing the Friday before the Director's Hearing after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.org. ITEM 3 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March 18, 2009 PREPARED BY: Eric Jones, Junior Planner PROJECT Planning Application Number PA08-0286, the second Extension of SUMMARY: Time for a Development Plan and Minor Exception for a 15,333 square foot commercial building on 1.4 acres generally located approximatly 1,000 feet south of Santiago Road at 28865 Old Town Front Street CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planning Application No. PA08-0286, submitted by Janet Lee, is a request for the second Extension of Time for a previously approved Development Plan and Minor Exception. Planning Application No. PA04-0584 was originally approved by the Planning Commission on January 18, 2006. The applicant would like to request an Extension of Time in order to obtain construction financing. Planning Application No. PA04-0584 is a Development Plan and Minor Exception to construct a three-story mixed use building totaling 15,333 square feet at 28865 Old Town Front Street on 1.4 acres zoned as Service Commercial. Approximately a quarter of the parcel along the Temecula Creek is located within a flood channel and zoned Open Space. The expiration of the first Extension of Time was January 18, 2009. Pursuant to Section 17.05.010.1-1 of the Development Code, the applicant filed for a second Extension of Time on December 22, 2008. No changes to the originally approved Development Plan or Minor Exception are proposed as part of this Extension of Time application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 7, 2009 and mailed to the property owners within the required 700-foot radius. ENVIRONMENTAL DETERMINATION The Extension of Time is for a previously approved Development Plan. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In-Fill Development). RECOMMENDATION Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. ATTACHMENTS Vicinity Map PC Resolution Exhibit A - Draft Conditions of Approval Planning Commision Staff Report dated April 2, 2008 Planning Commission Staff Report dated January 18, 2006 Notice of Public Hearing t l ~ i N ti 1 O O PA08-0286 z, 1 1 1 CTI 0 90 180 360 540 720 'i PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0286, THE SECOND EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND MINOR EXCEPTION FOR A 13,333 SQUARE FOOT COMMERCIAL BUILDING ON 1.4 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET SOUTH OF SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET (APN: 922-100-023) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 18, 2006, Planning Commission approved Planning Application No. PA04-0584 (Development Plan and Minor Exception). B. On December 22, 2008 Janet Lee filed Planning Application No. PA08- 0286, (Second Extension of Time) in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on March 18, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0286 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan (Section 17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed Extension of Time is consistent with the General Plan land use policies for Service Commercial (SC) developments in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail and office, as typical uses in the Service Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060.D.2) C. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property; There are practical difficulties and unnecessary hardships created by strict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone due to a flood control easement across the rear of the property that limits the developable depth of the property to approximately 150 feet. D. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other person located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in parking requirements. It is not anticipated that the requested reduction in parking would be detrimental to the public welfare or to the property of other persons located in the vicinity. E. The Minor Exception places suitable conditions on the property to protect surrounding properties; The project has been conditioned in accordance with requirements of the Development Code, building codes and fire codes. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In-Fill Development Projects). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0286, the second Extension of Time to a Development Plan and Minor Exception to construct a 15,333 square foot commercial building on 1.4 acres located on the west side of Old Town Front Street approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 1. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of March 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of March 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA08-0286 Project Description Assessor's Parcel No. MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT The second Extension of Time application for the Starworld Center located on 28865 Old Town Front Street, no changes are proposed as part of the extension 922-100-023 Commercial Commercial Retail Commercial March 18, 2009 January 18, 2010 Within 48 Hours of the Approval of This Project PL-1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars {$64.00} for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition {Fish and Game Code Section 711.4{c}}. PL-2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements PL-3. The City Planner may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 1 one-year extensions of time. PL-4. This project is subjectto the Conditions of Approval for Planning Application No. PA07- 0339, unless modified herein. OUTSIDE AGENCIES PL-5. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittals dated April 13, 2005 and June 28, 2005, copies of which are attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. PL-6. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 1, 2004, a copy of which is attached. PL-7. The applicant shall complywith the recommendations set forth in the Rancho California Water District's transmittal dated December 13, 2004, a copy of which is attached. PL-8. The applicant shall comply with the recommendations set forth in the Southern California Gas Company's transmittal dated January 7, 2005, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT B-1. This project is subjectto the Conditions of Approval for Planning Application No. PA07- 0339, unless modified herein. COMMUNITY SERVICES DEPARTMENT CS-1. This project is subjectto the Conditions of Approval for Planning Application No. PA07- 0339, unless modified herein. FIRE PREVENTION F-1. This project is subjectto the Conditions of Approval for Planning Application No. PA07- 0339, unless modified herein. PUBLIC WORKS DEPARTMENT PW-1. This project is subjectto the Conditions of Approval for Planning Application No. PA07- 0339, unless modified herein. WARREN D. WILLIAMS 6c~>nr rc° - 1995 MARKET STREET moral Manager-Chief Engineer r tio`~ °O~ F W 9RS;D~ CA 92501 951.955.1200 951.788.9965 FAX A ~ S t *~'~ft retfo~°~~ 94220.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 13, 2005 City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk Ladies and Gentlemen: Re: PA 04-05 84 The District does not normally recommend conditions for land divisions or other land. use- cases in incorporated Cities. The District also .does not plan check City land use cases, or provide State Division of . Real Estate letters or other flood hazer. reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master. Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan..system, and District. Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided.. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The majority of the property is within the 100 year Zone AE floodplain limits for Murrieta Creek as delineated on Panel No. 060742-001 OB dated September 2, 1993 of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate. of 38,300 cfs to be 1001.85 (NGVD 29) at the location. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized. The proposed development is located within Phase 1 of the Project, which is currently in construction. Questions regarding the Project may be addressed to Zully Smith of our office at 951.955.1299. Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation of 1001.85. This project is located within the. limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual .permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt_ • f 94220.1 City of Temecula -2- April 13, 2005 Re: PA 04-0584 If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the.project, and a Letter of Map Revision (LOMR).prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and of1site drainage facilities. Draft CEQA documents shall be forwarded to the District during, the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should.require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: it Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et seq.., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, aj~~-e4 ARTURO DIAZ Senior Civil Engineer c: Ron-Parks, City of Temecula Zully Smith, RCFC & WCD AM:blj rs+ . s WARREN D, WILLIAMS =ner gAanager-Chief Engineer ~wmt n~ 0 e s ~bA~A ►AT 0'I 1995 MARKET STREET RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www. fl oodcontrol. co. riveside.ca. us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 28, 2005 r- - _ - FAXED THIS DATE TO: 951.695.7215 JUN 3 0 2005 Ms. Janet Ock-Gyu Lee 4027 Star Track Way Fallbrook, CA 92028-8922 Dear Ms. Lee: Re: Murrieta Creek Project APN 922-1007023- Star World Center I appreciate the opportunity to have met with you on June 15, 2005 to discuss proposed development plans for your parcel adjacent to Phase 1 of the Murrieta Creek Project. As requested; I am writing to clarify/confirm the following three points: 1. The U.S Army Corps of Engineers (Corps) is constructing the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. Upon completion, the District will request . that FEMA revise its flood insurance rate maps to reflect. the subject parcel being free from flooding in a 100-year storm event. 2. Construction of the phase of Murrieta Creek Channel adjacent to the subject parcel is not yet complete. To date, only a brief, inaccessible segment of the bicycle path that will someday parallel the entire channel through Temecula has been constructed. After'consulting with the Corps, we have decided not to permit private development to construct pedestrian/bicycle access improvements within our rights-of-way at this time. Your request for constriction of a 12-foot access ramp is therefore denied. In the future, access points will be located at specific locations where public access rights have been secured. 3. District staffs interpretation of the language of the grant deed for the subject parcel is that a blanket easement for access purposes exists over the entire .subject parcel, not just that portion offered through dedication to the public. Given the fact that we are presently in litigation with you, I would encourage you to direct all future inquiries related to this.matter to the office of County Counsel through your attorney. Lastly, -please note that sheet A-1. f of the site plan drawing for your proposed development incorrectly shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a maintenance road adjacent to the westerly edge of your project. The drawing should be updated to reflect fee simple ownership by our District of all three areas. Ms. Janet Ock-Cyu Lee _ Re: Murrieta Creek Project June 28, 2005 APN 922-100-023- Star World Center Should you have further questions related to the Murrieta Creek project please contact Gre of our Right of Way Acquisition staff at 951.955.1281. gory Walker Very truly yours, c: US Army Corps of Engineers Attn: David Van Dorpe, Project Manager City of Temecula Attn: bon Hagen, Senior Planner Zully Smith Ed Lotz SCT:ac Pc/95505 7~ STEPHEN C. THOMAS Chief of Operations and Maintenance Division L: p C6ttATY OF RIVERSIDE • HEAD i.. SERVICES AGENCY 13 DEPARTMENT OF ENVIRONMEN'T'AL HEALTH December 1, 2004 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk RE: Development Plan No. PA04-0584 Dear Mr. Fisk: 1. Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to construct a 13,000 sq. ft. commercial building on..51 acres and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this area. 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and. sewering districts. b) If there are to be any food establishments, (including vending machines),. three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project has been cleared for: ♦ Underground storage tanks, Ordinance # 617.4. ♦ Hazardous Waste Generator Services, Ordinance # 615.3. ♦ Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). Waste reduction management. Sincerely, Zaartinez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials teal Enforcement Agency - P.O. Box 1280, Riverside, CA 92502-1280 - (909) 955-8982 - FAX (909) 781-9653 - 4080 Lemon Street, 9th Floor, Riverside, CA 92501 ad Use and Water Engineering - P.O. Box 1206, Riverside, CA 92502-1206 - (909) 955-8980 - FAX (909) 955-8903 - 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 , tT' December 13, 2004 i s~ Board of Directors John B. Hoagland President Gabs F. Bo Sr. Vies President Stephen J. Corona Ralph H. Daily Ron R. Draks Lisa D. Herman Michael R. McMillan o[rrare: Brian J. Brady General Manager Phillip L. Forbes Director of Finance.Treasurer •Bo6• Lemons irectar of Boginsering Perm R. Loud Director of Planning Jeff D. Armstrong Controller Linda M. Fregoso District Secretary/Adaiinistrative Serricea Manager C. Michad Cowett Beat Beat & Krieger LLP General Courted Stuart Fisk, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 0 DEC 2 0 2004 1 SUBJECT: WATER AVAILABILITY LOT NO.4 OF TRACT NO. 013-059; BLOCK 32; PARCEL NO. 2 OF MAP BOOK-148; PAGES NO. 51 AND NO. -52 CITY OF TEMECULA; APN 922-100-023 PROJECT NO: PA04-0584 ISTAR WORLD CENTER] Dear Mr. Fisk: -Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon construction of any required on-site and/or off site water facilities and the completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Micha 1 G. Meyerpeter, P.E. Development Engineering Manager 04\MM:at2281FCF c: Laurie Williams, Engineering Services Supervisor Rancho California Water District SOUthem fairdomis Gas Company- A A'SeM'ra Energy company January 7, 2005 City of Temecula P.O.- Box 9033 Temecula, CA 92589-9033 'Subject: 010705 Various Projects 1 Southern California Gas Company, Transmission Department, has no conflict with your proposed improvement. However, our Distribution department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. incerely, Ross n Pipeline Planning Assistant IF CC, ! L' T r VVV JAN .13 2005 satyr, Casa anca lmy 9400AtkdakAwwru e QraL~ CA 91313 MaUft Ai ftw. P. Q Bdx2300 O a modh CA 91313-2300 .L9314 td 818.7014546 fat 8IX70133441 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: April 2, 2008 PREPARED BY: Eric Jones, Junior Planner PROJECT Planning Application Number PA07-0339, the first Extension of SUMMARY: Time for a Development Plan and Minor Exception for a 13,709 square foot commercial building on .51 acres generally located approximatly 1,000 feet south of Santiago Road at 28865 Old Town Front Street CEQA: Categorically Exempt Section 15332 Class 32 In-Fill Development BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Planning Application No. PA07-0339, submitted by Janet Lee, is a request for the first Extension of Time for a previously approved Development Plan and Minor Exception. Planning Application No. PA04-0584 was originally approved by the Planning Commission on January 18, 2006. The applicant would like to request an Extension of Time in order to obtain construction financing. Planning Application No. PA04-0584 is a Development Plan and Minor Exception to construct a three-story mixed use building totaling 18,495 square feet at 28865 Old Town Front Street on .51 acres zoned Service Commercial. Approximately a quarter of the parcel along the Temecula Creek is located within a flood channel and zoned Open Space. The expiration of this Development Plan and Minor Exception was January 18, 2008. Pursuant to Section 17.05.010.1-1 of the Development Code, the applicant filed for an Extension of Time on December 19, 2007. No changes to the originally approved Development Plan or Minor Exception are being proposed as part of this Etension of Time application. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 22, 2008 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION The Extension of Time is for a previously approved Development Plan. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32 In-Fill Development). G:1Planningl20071PA07-0339 Star World Center EOT\Planning%STAFF REPORT Final.doc 1 RECOMMENDATION Staff has determined that the proposed Extension of Time, as conditioned, is consistent with the City's General Plan, Development Code, and all applicable ordinances, standards, guidelines, and policies. Therefore, staff recommends that the Planning Commission approve the Extension of Time based upon the findings and with the attached Conditions of Approval. ATTACHMENTS Vicinity Map PC Resolution Exhibit A - Draft Conditions of Approval Planning Commision Staff Report dated January 18, 2006 Notice of Public Hearing G:Wlanning1200TPA07-0339 Star World Center EO-RPIanning\STAFF REPORT Final-doe 2 VICINITY MAP G:\PlanningQ007\PA07-0339 Star World Center EOT\Planning\STAFF REPORT Final.doc 3 ti oz 1 ~ o° 5 u 9QjOo a" SS 4`P 4~ZSy~ ~aP PJ ° O O O O ran ly O ~ a 0 125 M 500 750 1A5D M F. PC RESOLUTION GAPlanning\20071PA07-0339 Star World Center EOManning\STAFF REPORT Final.doo 4 PC RESOLUTION NO. 08- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0339, THE FIRST EXTENSION OF TIME FOR A DEVELOPMENT PLAN AND MINOR EXCEPTION FOR A 13,709 SQUARE FOOT COMMERCIAL BUILDING ON .51 ACRES GENERALLY LOCATED APPROXIMATELY 1,000 FEET SOUTH OF SANTIAGO ROAD AT 28865 OLD TOWN FRONT STREET (APN: 922-100-023) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On January 18, 2006, Planning Commission approved Planning Application No. PA04-0584 (Development Plan and Minor Exception). B. On December 19, 2007 Janet Lee filed Planning Application No. PA07- 0339, (Extension of Time) in a manner in accord with the City of Temecula General Plan and Development Code. C. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on April 2, 2008, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA07-0339 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Development Plan - (Code Section 17.05.010.F) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other ordinances of the City; The proposed Extension of Time is consistent with the General Plan land use policies for Service Commercial (SC) development in the City of Temecula General Plan. The General Plan has listed the proposed uses, including retail and office, as typical uses in the Service Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed for, and as conditioned, has been found to be consistent with, alt applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060.D.2) C. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property; There are practical difficulties and unnecessary hardships created by strict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone due to a flood control easement across the rear of the property that limits the developable depth of the property to approximately 150 feet. D. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other person located in the vicinity; The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in parking requirements. It is not anticipated that the requested reduction in parking would be detrimental to the public welfare or to the property of other persons located in the vicinity. E. The Minor Exception places suitable conditions on the property to protect surrounding properties; The project has been conditioned in accordance with requirements of the Development Code, building codes and fire codes. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Extension of Time: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15332, Class 32, In-Fill Development Projects). Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA07-0339, the first Extension of Time to a Development Plan and Minor Exception to construct a 13,709 square foot commercial building on .51 acres located on the west side of Old Town Front Street approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street, subject to the Conditions of Approval set forth in Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 2"d day of April 2008 John Telesio, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )SS CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 08- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2nd day of April 2008, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Debbie Ubnoske, Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL SCANNED: G DRIVE: PERMITS PLUS: INITIALS: PLANNER: GAPlanningt200-APA07-0339 Star World Center EOTTlanning\EXHIBIT A Final.docG:lPlanningt20071PA07.0339 Star World Center EMAPIanning%XHIBIT A Final.doc EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA07-0339 Project Description: The first Extension of Time for a Development Plan and Minor Exception fora 13,709 square foot commercial building on.51 acres generally located approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street Assessor's Parcel No.: 922-100-023 MSHCP Category: Commercial DIF Category: Commercial TUMF Category: Retail Approval Date: April 2, 2008 Expiration Date: January 18, 2009 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48-hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall review and sign the Acceptance of Conditions of Approval document that will be provided by the Planning Department staff and return the document with an original signature to the Planning Department. General Requirements 3. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions G9Planningt200TPA07-0339 Star World Center E0T15IanninglEXH1BIT A Final.docG:\Planning12007\PA07-0339 Star World Center EOTPIanninglEXHIBIT A Final.doc approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. The City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 5. This approval shall be used within one year of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the one year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within 30 days prior to expiration, and for good cause, grant a time extension of up to 2 one-year extensions of time, one year at a time. 7. A separate building permit shall be required for all signage. A Sign Program may be required. 8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. 9. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shalt have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 10. The applicant shall paint a three-foot by three-foot section of the building for Planning Department inspection, prior to commencing painting of the building. 11. The applicant shall submit to the Planning Department for permanent filing two 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 12. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. GAPlanning\2007VPA07-0339 Star World Center EOManning\EXHIBIT A Final.docG:lPlanning120071PA07-0339 Star World Center EURPIanning\EXHIBIT A Final.doc MATERIAL Stucco Finish (walls) - Main Body Stone Veneer (walls) - Base Band Stucco Foam Fascia & Trims Wood Fascia & Decorative Wood Brackets COLOR La Habra "Adobe" Eldorado Stone "Veneto Fieldledge" Frazee "Showcase 752" Frazee "8245A Ochre Rust" Window Frames Anodized Aluminum (Brown/Gold) Window Glazing PPG "Atlantica" (green tint) Roofing Eagle Roofing Products - Mission Santa Barbara "S" Tile 13. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 14. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Department a copy of a recorded Reciprocal Use Agreement, which provides for cross-lot access and parking across all lots. 15. A construction staging area plan for construction equipment and trash shall be approved by the Director of Planning. 16. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved the Director of Planning. Prior to Issuance of Grading Permits 17. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check prior to final agreement with the utility companies. 18. Double detectorcheck valves shall be either installed underground or internal to the project site at locations not visible from the public right-of-way, subject to review and approval by the Director of Planning. % The developer is required to enter into a Cultural Resources Treatment Agreementwith the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the Project, as well as provisions for tribal monitors. 20. If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation. G:1Planning\2007\PA07-0339 Star World Center MRPlanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star World Center EURPIanninglEXHIBIT A Final.doc 21. A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property. 22. Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer. 23. The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the Project area, to the Pechanga Tribe for proper treatment and disposition. 24. All sacred sites are to be avoided and preserved. 25. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to scheduling the pre-grading meeting with Public Works. 26. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Department. Prior to Issuance of Building Permit 27. The applicant shall submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 28. All downspouts shall be internalized. 29. Three copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Department. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. C. A note on the plans stating that "Two landscape inspections are required: One inspection is required for irrigation lines and a separate inspection is required for final planting inspection." d. A note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." e. One copy of the approved Grading Plan. QVIanning1200APA07-0339 Star World Center EOTTlanningkEXHiB1T A Final.docG.XPlanning120071PA07-0339 star World Center EURPlannirglEXH1BIT A Final.doc f. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). g. Total cost estimate of plantings and irrigation (in accordance with approved plan). h. The locations of all existing trees that will be saved consistent with the tentative map. A landscape maintenance program shall be submitted forapproval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. Specifications shall indicate that a minimum of two landscape site inspections will be required. One inspection to verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems have head-to-head coverage, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The applicanUowner shall contact the Planning Department to schedule inspections. 30. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. 31. Building construction plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Planning Director. 32. Building plans shall indicate that all roof hatches shall be painted "International Orange." 33. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine-inch grid pattern with 45-inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine-inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 34. The applicant shall submit a letter of substantial conformance, subject to field verification by the Planning Director or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. If a certificate of use and occupancy is not required for the project, such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 35. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final GAPlanningMMPA07-0339 Star World Center EOTPlanning\EXHISIT A Final.docG:\Planning120071PA07-0339 Star World Center EO'nPlanning%EXHIBIT A Final.doc inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Planning. 36. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 37. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall be released upon request by the applicant. 38. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off- street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." 39. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. 40. All site improvements including but not limited to parking areas and striping shall be installed. 41. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES 42. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated April 13, 2005 and June 28, 2005, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. G:0anning\200APA07-0339 Star World Center EOTPlanninglEMBIT A Final.docG:\Planning120071PA07-0339 Star World Center EOTPlanningEXHIBIT A Final.doc 43. The applicant shall comply with the recommendations set forth in the County of Riverside Departmentof Environmental Health's transmittal dated December 1, 2004, a copy of which is attached. 44. The applicant shall comply with the recommendations set forthin the Rancho California Water District's transmittal dated December 13, 2004, a copy of which is attached. 45. The applicant shall comply with the recommendations set forth in the Southern California Gas Company's transmittal dated January 7, 2005, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Requirements 46. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 47. On March 31, 2003, The City of Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 48. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 49. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 50. Obtain all building plans and permit approvals prior to commencement of any construction work. 51. Show all building setbacks. 52. Developments with multi-tenant buildings or shell buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 53. All building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 54. Provide disabled access from the public way to the main entrance of the building. G:\Planning\2007\PA07-0339 Star World Center EOT\Planning\EXHIBIT A Final.docG:\Planning\2007WA07-0339 Star World Center EOTWIanninglEXHIBIT A Final.doc 55. Provide van accessible parking located as close as possible to the main entry. 56. Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits. 57. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94- 21, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one-quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7:00 a.m. - 6:30 p.m. No work is permitted on Sundays or Government Holidays. Prior to Submitting for Plan Review 58. Obtain street addressing for all proposed buildings prior to submittal for plan review. At Plan Review Submittal 59. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2007 edition of the California Building Code. 60. Restroom fixtures, number and type, to be in accordance with the provisions of the 2007 edition of the California Building Code Appendix 29. 61. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 62. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 63. Provide precise grading plan at plan check submittal_to check accessibility for persons with disabilities. Prior to Permit Issuance , 64. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. Prior to Beginning Construction 65. A pre-construction meeting is required with the building inspector prior to the start of the building construction. GAPlann1ng=071PA07-0339 Star World Center EOTPlanning\EXHIBIT A Final.dmG:lPlanning120071PA07.0339 Star Word Center EOTOanninglEXHIBIT A Final.doc 10 COMMUNITY SERVICES DEPARTMENT General Conditions 66. The trash enclosures shall be large enough to accommodate a recycling bin,_ as well as, regular solid waste containers. 67. The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 68. The Applicant shall comply with the Public Art Ordinance. 69. All parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. Prior to Issuance of Building Permit 70. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction debris. 71. Priorto the first building permit or installation of additional street lighting on Old Town Front Street which ever occurs first, the developer shall complete the TCSD application process, submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. FIRE PREVENTION General Requirements 72. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 73. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial buildings per CFC Appendix III.A, Table A-111-A-1. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 PSI residual operating pressure for a 4 hour duration. The Fire Flow as given above has taken into account all information as provided. 74. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix 11I-B, Table A-III-B-1. A combination of on-site and off-site (6" x 4" x 2-2 1/2" outlets) on a looped system shall be located on fire access roads and adjacent to public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be, located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to an hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. 75. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. GAPlan0ngM071PA07-0339 Star World Center EURPlanning\EXHIBIT A Final.docG:tPlanning%2007\PA07.0339 Star World Center EOAPlanning\EXHIBIT A Final.doc 11 Prior to Issuance of Grading Permits 76. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. 77. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Fire Department access roads shall bean all weather surface for 80,000 lbs. GVW. 78. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 79. The gradient for afire apparatus access roads shall not exceed 15 percent. Prior to building construction, dead end roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. 80. Prior to building construction, this development shall have two points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. Prior to Issuance of Building Permits 81. The developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on site hydrants. The plans must be submitted and approved prior to building permit being issued. 82. All locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet (CFC sec 902). 83. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 84. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractorto the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. Prior to Issuance of Certificate of Occupancy 85. "Blue Reflective Markers" shall be installed to identify fire hydrant locations. 86. Approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. GAPlanning=0APA07-0339 Star World Center E0T1PIanningTXHIBIT A Final.docG:lPlanning1200TPA07-0339 Star World center E0T\Plannin9TXHIBIT A Final.doc 12 Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum 12 inches numbers with suite numbers a minimum of six inches in size. All suites shall gave a minimum of six inch high letters and/or numbers on both the front and rear doors. 87. Based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. 88. Based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. 89. A "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room. 90. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. PUBLIC WORKS DEPARTMENT General Requirements 91. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 92. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 93. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuing Grading Permits 94. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 95. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 96. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. G:1P1ann1ng\20071PA07-0339 Star World Center EURPlanning\EXHIBIT A Final.docG:tPlanningt20071PA07-0339 Star Wodd Center E0T\P1annin9kEXHIBIT A Final.doc 13 97. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and pavement sections. 98. A Geological Report shall be prepared by a qualified engineer or geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. 99. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 100. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistent with the City's Grading, Erosion & Sediment Control Ordinance, the City's standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-construction measures shall be required of all Priority Development Projects as listed in the City's NPDES permit. Priority Development Projects will include a combination of structural and non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all unfiltered runoff year-round prior to entering a storm drain. Construction-phase and post-construction BMPs shall be designed and included into plans for submittal to, and subject to the approval of, the City Engineer prior to issuance of a Grading Permit. The project proponent shall also provide proof of a mechanism to ensure ongoing long-term maintenance of all structural post-construction BMPs. 101. As deemed necessary by the Director of the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District C. Planning Department Department of Public Works 102. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 103. The Developer shall obtain any necessary letters of approval or slope easements for off-site work performed on adjacent properties as directed by the Department of Public Works. 43APlanningt200TtPA07-0339 Star World Center EOTNPlanning%EXHIBIT A Final.docG:VPlanning\20071PA07-0339 Star World Center EOTIPlanninglEXHISIT A Final.doc 14 104. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 105. The site is in an area identified on the Flood Insurance Rate Map. This project shall comply with Chapter 15, Section 15.12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. Prior to Issuing Building Permits 106. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shalt be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207A. C. Street light shall be installed along the public streets adjoining the site in accordance with City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks and ramps shall be constructed along public street frontages in accordance with City of Temecula Standard Nos. 400.401 and 402. e. All street and driveway centerline intersections shall be at 90 degrees. Landscaping shall be limited in the corner cut-off area of all intersections and, adjacent to driveways to provide for minimum sight distance and visibility. 107. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Old Town Front Street - 60' RJW to include installation of improvements including paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). b: All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 108. The Developer shall construct the following public improvements in conformance with applicable City Standards and subject to approval by the Director of the Department of Public Works. a. Sewer and domestic water systems b. Under grounding of proposed utility distribution lines 109. The Developer shall vacate and dedicate the abutters rights of access along Old Town Front Street pursuant to the new location of the driveway. G:\Planning120071PA07-0339 Star World Center EOTPlanning\EXHIBIT A Final.docG:\Planning\2007\PA07-0339 Star World Center EOTPlanning\EXHIBIT A Final.doc 15 110. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 111. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Soil Report addressing compaction and site conditions. 112. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06. 113. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, and in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Prior to Occupancy 114. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District C. Department of Public Works 115. All public improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of the Department of Public Works. 116. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. G:\Planning12007\PA07-0339 Star world Center EURPlanning\EXHIBIT A Final.docG:\Planning12007\PA07-0339 Star world Center EOT\Planning\EXHIBIT A Final.doc 16 w.vtutEN L. WILLIAMS ieneral Manager-Chief Engineer i o`ccourr rl~ 1995 MARKET STREET RIVERSIDE, CA 92501 r 951.955.1200 ` C 951.788,9965 FAX S r~NfJ171rID `4 94220.1 City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk Ladies and Gentlemen: P Re: PA 04-0584 The District does not normally recommend conditions for land divisions or other land use cases in incorporated Cities. The District also does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments(recommendations for such cases are, normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information ofa general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The majority of the property is within the 100 year Zone AB fl oodplain limits for Murrieta Creek as delineated on Panel No. 060742-00 I OB dated September 2, 1993 of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate of 38,300 cfs to be 1001.85 (NGVD 29) at the location. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Murrieta are working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized. The proposed development is located within Phase 1 of the Project, which is currently in construction. Questions regarding the Project may be addressed to Zully Smith of our office at 951.955.1299. Until the proposed Project has been constructed, all new buildings should_be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevatiori of 1001.85. This project is located within the, limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted, applicable fees should be paid prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (I FPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Aril 13 2005 .r 1 94220.1 City of Temecula -2- April 13, 2005 Re: PA 04-0584 If this project involves a FEMA mapped floodplain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA:requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR).prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities- Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 ei seq., and a 401 Water Quality Certification or a Report of Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with alt mitigation measures as required under CEQA and all Federal, State, and local environmental rules and regulations. Very truly yours, ARTURO DIAZ Senior Civil Engineer V. Ron Parks, City of Temecula Zully Smith, RCFC & WCD AM:blj WfARREN D, WILLIAMS :xneral%lanager-Chief Engineer w co ~r0p° V O ~p~r I i 0? 1995 MARKET STREET RIVERSIDE, CA 925oI 951.955.1200 951.788.9965 FAX www.tloodcontrol.co riverside.mus RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 28, 2005 ' :alt FAXED THIS DATE TO: 951.695.7215 q JUN 3 0 2005 Ms. Janet Ock-Gyu Lee 4027 Star Track Way Fallbrook, CA 92028-8922 Dear Ms. Lee: Re: Murrieta Creek Project APN 922-100-023- Star World Center I appreciate the opportunity to have met with you on June 15, 2005 to discuss proposed development plans for your parcel adjacent to Phase i of the Murrieta Creek Project. As requested, I am writing to clarify/confum the following three points: 1. The U.S Army Corps of Engineers (Corps) is constructing the Munieta Creek Flood Control, Environmental Restoration and Recreation Project. Upon completion, the District will request that FEMA revise its flood insurance rate maps to reflect.the subject parcel being free from flooding in a 100-year storm event. 2. Construction of the phase of Murrieta Creek Channel adjacent to the subject parcel is not yet complete. To date, only a brief, inaccessible segment of the bicycle path that will someday parallel the entire channel through Temecula has been constructed. After consulting with the Corps, we have decided not to permit private development to construct pedeshian/bicycle access improvements within our rights-of-way at this time. Your request for construction of a 12-foot access ramp is therefore denied. In the future, access points will be located at specific locations where public access rights have been secured. 3. District staffs interpretation of the language of the grant deed for the subject parcel is that a blanket easement for access purposes exists over the entire subject parcel, not just that portion offered through dedication to the public. Given the fact that we are presently in litigation with you, I would encourage you to direct all future inquiries related to this matter to the office of County Counsel through your attorney. Lastly, please note that sheet A-1.1• of the site plan drawing for your proposed development incorrectly shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a maintenance road adjacent to the westerly edge of your project The drawing should be updated to reflect fee-simple ownership by our District of all three areas. i; Ms. Janet Ock-Gyu Lee -2- June 28, 2005 Re: Murrieta Creek Project APN 922-100-023- Star World Center Should you have further questions related to the Murrieta Creek project please contact Gregory Walker of our Right of Way Acquisition staff at 951.955.1281. Very truly yours, G 77~ STEPHEN C. THOMAS Chief of Operations and Maintenance Division c: US Army Corps of Engineers Attn: David Van Dorpe, Project Manager City of Temecula Attn: Don Hagen, senior Planner ZuRy Smith Ed Lotz SCT:ac Pc/95505 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 Attention: Stuart Fisk December 1, 2004 RE: Development Plan No. PA04-0584 Dear Mr. Fisk: 1. Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to construct a 13,000 sq. ft. commercial building on .51 acres and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this area. 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts. I- 'y. CU6'.GTY 5 RIVERSIDE a HEAb i. •~ERVICES AGENCY F OF ENVIRONMENTAL HEA i G 7604 b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required indicating that the project has been cleared for: ♦ Underground storage tanks, Ordinance # 617.4. ♦ Hazardous Waste Generator Services, Ordinance # 615.3. ♦ Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). Waste reduction management. NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials Sincerely, artiTIM, Supervising Environmental Health Specialist (909) 955-8980 Local Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 • (909) 955.8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering • P.O. Box 1206,.Riverside, CA 92502.1206 • (9091955.8980 • FAX (909) 955-8903 • 4080 Leman Sbaet. 2nd Rnnr Rrvcrtide. CA 92501 f f 3 December 13, 2004 DN f 5 r DEC 2 0 2004 1 AfGr Stuart Fisk, Case Planner gy n _ 11i{{G City of Temecula Planning Department 43200 Business Park Drive Suard aMrectma Post Office Box 9033 John E. Hoagland Temecula, CA 92589-9033 President c.ba F. Ho S<- Vimproidwt SUBJECT: WATER AVAILABILITY stephea'.c... LOT NO. 4 OF TRACT NO. 013-059, BLOCK 32; PARCEL "ph IL Daily NO. 2 OF MAP BOOK 148, PAGES NO. 571 AND NO. -52 9® R. D'at`e CITY OF TEMECULA; APN 922-100-023 Li"D.Manaan PROJECT NO. PA04-0584 {STAR WORLD CENTER] Michael R McMFlbm Dear Mr. Fisk: oboe..: BrIan enwa'greay GeneratMm ager Please be advised that the above-referenced property is located within the Phillip L Forbes . boundaries of Rancho California Water District (RCWD). Water service, DhectorarFlmacalteaaa.er therefore, would be available upon construction of any required on-site and/or DieA ~ofEghwe iog off-site water facilities and the completion of financial arrangements between Peary RLouek RCWD and the property owner. Director of Mamiag Aem. °°g Cant.uer If fire protection is required, the customer will need to contact RCWD for fees contin Bodo M. Frgoeo and requirements. Dietrict Secretary/Admietstrat1% services Manager C. Michael rowan Water availability would he contingent upon the property owner signing an ag. LLP Agency Agreement that assigns water management rights, if any, to RCWD. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Micha 10. Meyerpeter, P.E. Development Engineering Manager o4V":at2281FCF . c: . Laurie WiRialns, Fagineering Services Supervisor 92125 Vii chesterRoad - Poat0&se➢u9017 e • (951)29"9M-FAX(951)2964M E t: 1 Southem ~ Ceiifomia Gas Company A C ,4)Sempra Energy company January 7, 2005 City of Temecula P.O: Box 9033 Temecula, CA 92589-9033 f_.. Swftm Qaff=M ft mi " 9400aWaleAmw C aaMW AS CA 91313 MaiGggAd&wr. P.O.8=2300 CUM" 4 CA 91313." M.L9314 Id 8M•701.456 fmr 818-701-391 Southern California Gas Company, Transmission Department, has no conflict with your proposed improvement. However, our Distribution department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. mcerely, Rosalyn u es Transml ' n Pipeline Planning Assistant TRL2 G1T JAN ;1 3 2005 Subject: 010705 Various Projects NOTICE OF PUBLIC HEARING GAPlanning120071PA07-0339 Star World Center EOT\PlanninglSTAFF REPORT Final.doc 6 Notice of Public Hearing Case No: Applicant: Location: Proposal: Environmental: Case Planner: A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Planning Application No. Janet Lee Generally located approximately 1,000 feet south of Santiago Road at 28865 Old Town Front Street The first Extension of Time for a Development Plan and Minor Exception for a 13,709 square foot commercial building on .51 acres. 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 issued in compliance with CEQA (Section 15332, Class 32, In-Fill) Eric Jones Place of Hearing: City of Temecula, Council Chambers 43200 Business Park Drive, Temecula, CA 92590 Date of Hearing: April 2, 2008 Time of Hearing: 6:00 p.m. Any person may submit written comments to the Planning Commission 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. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. The proposed project application may be viewed at the Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project may be addressed to the case planner at the City of Temecula Planning Department, (951) 694-6400. ;1 /f. - . ~ti 1 , ' X1 ~ ' /lli/ ` ! ` i + 1 i i rte; \ ! -i 15 it ' • ' i . ; + ' f ' : 1 f i ~ ; '.`s 1 l t % % Cu' 1,027 t.920,:•'+ G:\Planning@007\PA07-0339 Star World Center EOT\Planning\NOPH-PC.dm I STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date of Meeting: January 18, 2006 Prepared by: Stuart Fisk, AICP TRW Associate Planner File Number: PA04-0584 ' Application Type: Development Plan and Minor Exception Project Description: A Development Plan to construct and operate a three-story, 15,333 square foot mixed-use retaiUoffice building and a Minor Exception to permit a 15.percent reduction in the parking requirements for a project on a 1.4 acre site located on the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road, known as Assessor Parcel No. 922-100-023. Recommendation: (Check One) CEQA: (Check One) ® Approve with Conditions ❑ Deny ❑ Continue for Redesign ❑ Continue to: ❑ Recommend Approval with Conditions ❑ Recommend Denial N.Categorically Exempt (Class) 32 ❑ Notice of Determination _ (Section) 15332 ❑ Negative Declaration ❑ Mitigated Negative Declaration With Monitoring Plan ❑ EIR PROJECT DATA SUMMARY Applicant: Rick Conroy; Newport Architects Completion Date: November 19, 2004 Mandatory Action Deadline Date: January 18, 2006 General Plan Designation: Service Commercial (SC) RND P12OWW4-0534 Star Wocid CrntuMAFF REPORT.doc Zoning Designation. Service Commercial (SC) Site/Surrounding Land User Site: Vacant North: Vacant South: Vacant/F East: Commet West: Oven Sr Lot Area: Building Area/Coverage: 15,333113.6% Landscape Area/Coverage: 54,250/25.7%0 Parking Required/Provided: 42 spaces required/36 spaces provided BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Site Plan The project site is located on the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road. The overall project site is 1.4 acres, with the western 0.9 acre of the site being designated a flood control easement for Murrieta Creek, resulting in the developable portion of the site totaling 0.5 acre. The proposed building is a three-story building, with fifteen parking spaces located within the ground-floor at the southern half of the building. The building setbacks meet the requirements of the Development Code and the proposed 14 percent lot coverage is below the maximum permitted lotcoverage of 30 percent. The Public Works Department has analyzed the projected traffic impact of the project and has determined that the impacts are consistent with the traffic volumes projected for the site by the previously approved City General Plan EIR. The Fire Department also reviewed the plan and determined that there is proper access and circulation to provide emergency services to the site. Parking/Circulation For office and general retail uses, the. Development. Code requires one parking space per 300 square feet of gross floor area (as defined by Section 17.24.040.C of the Development Code).. Based on the combined floor area of the office and retail space, staff has determined that 42. parking spaces are required to serve the proposed building. A total of 29 standard parking spaces, 8 motorcycle parking spaces, and 9 bicycle parking spaces are proposed, resulting in a total credit of 36 parking spaces. By providing 36 parking spaces instead of the required 42 spaces, the applicant is requesting that the Planning Commission grant a Minor Exception to reduce the parking requirement for this RAD PQM%0"584 Star Wmld Cents WAFF REMRTdm project by 15 percent. Section 17.03.060.8.1 of the Development Code allows for a reduction of parking requirements by less than 15 percent as a "Minor Exception" when deviations from code standards are minor and no impact will occur affecting the public health and safety of adjacent. properties. It is staff's opinion that the findings required for the Minor Exception can be made. If the Minor Exception is not approved, the net building square footage will need to be reduced by 1,620 square feet. Staff believes that the reduction in parking (six spaces) is justified because there will be some shared use of the office and retail/food services being provided within the same building. So, instead of requiring the combined parking calculated for each use separately, the Minor Exception provision of the Code permits the Planning Commission to make allowances for shared uses. In addition, there are unique physical constraints of the site that are not associated with most other SC-zoned properties in the City because of the creek and floodplain. Vehicular access to the site will be taken from an ingress/egress driveway located off Old Town Front Street. Pedestrian access includes walkway access from Old Town Front .Street to the proposed building. The arrangement of drive aisles and walkways on the site provides. for good vehicular and pedestrian circulation to the site. The Fire Department has reviewed the site plan and determined that there is proper access and circulation to provide emergency services. Architecture The proposed Spanish Mediterranean architectural style of'the building is consistent with the Development Code, Design Guidelines, and General Plan by offering distinctive styling, accenting and articulation. The building is designed to be compatible with surrounding development. The proposed building provides multiple roollines, multiple building planes, and significant window area with a variety of window shapes and sizes. Concrete "S" roof tiles, decorative brackets, balconies, stucco, and-stone veneer compliment the architectural style. Landscapina The project proposes to landscape 54,250 square feet or approximately 22:4 percent of.the site, which exceeds the minimum requirement of 20 percent per the Development Code. The landscape plan conforms to the landscape requirements of the Development Code and the Design Guidelines. Tree and shrub placement around the perimeter of the buildings will define the project area as will the selective use of accent trees and shrubs throughout the site. Proposed trees. include Queen Palm; Evergreen Pear, London Plane, and Bradford• Pear• trees. Proposed shrubs and vines include Red Azalea, Fortnight Iris, Escallonia, Daylily, Red Camellia, Heavenly Bamboo, Society Garlic, and Hall's Honeysuckle. A total of 29 trees and 124. five-gallon shrubs are proposed. ENVIRONMENTAL DETERMINATION In .accordance with the California Environmental Quality Act, the proposed Project has been deemed to be Categorically Exempt from further environmental review. (Class 32,. Section 15332, ln-Fll Development Project). RAD N20 UM-0584 Star World Ccate WAFF REPORTAw CONCLUSION/RECOMMENDATION n, Staff has determined that the proposed project,-as conditioned, is compatible with surrounding developments in terms of design and quality. Therefore,, staff recommends that the Planning Commission adopt a Resolution approving a Development Plan and.Minor Exception with the attached conditions of approval. FINDINGS Development Plan (Code Section 17.05.010.F) The proposed use is in conformance with.the General Plan for Temecula and with all applicable requirements of state law and other ordinances of the City. As'conditioned, 'the proposal is consistent with the General Plan land use policies for Service Commercial (SC) development'in the City of Temecula General Plan. The General Plan has listed the proposed uses,. including retail and office, as typical uses'ln the Service Commercial designation. The proposed project is consistent with`the use regulations outlined in the Development Code for the Service Commercial zoning district. The Land Use Element of the General Plan requires that proposed buiklirigs be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. 2. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The. project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensure that the development will be constructed and function in a manner consistent with the public health, safety and welfare. Minor Exception (Code Section 17.03.060.D.2) 1. That there are practical difficulties or unnecessary hardships created by strict application. of the code due to physical characteristics of the property. 2. There are practical difficulties and unnecessary hardships created by strict application.of the code due to physical circumstances and characteristics of the property that are not - shared by other properties in the. zone due to a flood control easement across the rear. of... the property that limits the developable. depth of the property to approximately 150 feet 3. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties and will not be detrimental to the public welfare or to the property of other person located in the vicinity. The Minor Exception does not grant special privileges which are not otherwise available to surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in parking requirements.: It is-not q anticipated that the requested reduction in parking would be detrimental to "the public ? welfare or to the property of other persons located in the vicinity- . RA) F a004104-0584 Sur World &nte WAEF REPORT.dm 4. The Minor Exception places suitable conditions on the property to protect surrounding properties. The project has been conditioned in accordance with requirements of the development code, building codes and tyre codes. ATTACHMENTS 1. Vicinity Map - Blue Page 6 2. Plan Reductions - Blue Page 7 3. PG Resolution No. 06-_-.Blue Page 8 Exhibit A - Conditions of Approval RAD PQMV"584 Star Wdrld Centc4WAFF REFORTAW 5 ATTACHMENT NO.1 VICINITY MAP RAD P120041U -094 Star World CealeMTAFF RMRT.dm 5 Vicinity Map O ;~ooo ~ .o N 4- o0 ~ ProjectSite PA04-0584 ,50 aoo soo ATTACHMENT NO.2 PLAN REDUCTIONS. RAD PU004W4-0584 Star Wwld Cmter\STAFF REPORTAm 7 }{y , { I ey O6SL6e~ oewej 11 f~1 ~h' «c: a.GWisry..,u..nrs w P-vbue..+.PW~.a.uaen ! I} dnOEO N'^~t53a ~ Ielue~ AIIOM IBIS reo,., T 1J 11 iII fi s o a! es s H Nvia airs i a. (j) 'W .LVZLt 3_L6tZaLN i.~_. F_._._--._. I { ~ ~ wloo I 3 R A' I fn Nlm 2i s~ ' wiawi ° O N o 1 1~ c I. s R A a I o ()I Q, wT v 1 LL /~j71 ~O W I ~ffi / 3 1 LL ILL. ry YU¢d / W I O 1 .iN UI i T !U Oi i r & Ism{ ' r 1E F t t 1 O'SYI 3 .BZ,tZ.7L N " ~rk - g i F 1. ti. 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EXCEPTION TO PERMIT A 15 PERCENT REDUCTION. IN THE PARKING REQUIREMENTS FOR A PROJECT ON A 1.4 ACRE SITE LOCATED ON THE WEST SIDE OF OLD TOWN FRONT STREET, APPROXIMATELY 1,400 FEET SOUTH OF SANTIAGO ROAD, KNOWN AS ASSESSOR PARCEL NO. 922-1001-023 WHEREAS, Rick Conroy, representing Ms. Janet Lee, filed Planning Application No. PA04- 0584 (Development Plan and Minor Exception) in a manner in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at aregularmeeting, considered the Application.on January 18, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter;, - ' WHEREAS, at the conclusion of the Commission headrig.and after due consideration of the testimony, the Commission approved Planning Application No. PA04-0584 subject to conditions of. approval after finding that the project proposedin Planning Application No. PA04-0584 conformed to the City of Temecula General Plan and Development Code. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA D09S HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS- Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. The Planning Commission, in approving the Application, hereby . makes the following findings as required by 17.05.010.F (Development Plan) and 17.03,060:8.2 (Minor Exception) of the Temecula Municipal Code: Development Plan (Code Section 17.5.010.F) The proposed use is idConformance with the General Plan for Temecula and With all applicable fequirements of state law and other ordinances of the City; As conditioned; the proposal is consistent with the General Plan land use policies forService Commercial (SG) development in the City of Temecula General plan. The General Plan has listed the proposed uses, including retail and office, as typical uses in the Service Commercial designation. The proposed project is consistent with the use regulations outlined in the Development Code forthe Service Commercial zoning district. The Land Use Plement'of the General Plan. requires that proposed buildings be compatible with existing buildings. The proposed commercial uses are compatible with the surrounding commercial buildings currently located adjacent to the proposed site. RM P12004W"584 Star World ConteADmft Reso.doc B. The overall development of the land is designed for the protection of the public ` r3 health, safety, and general welfare; . The project has been reviewed for, and as conditioned, has been found to be consistent with, all applicable policies, guidelines, standards and regulations intended to ensue that the development will be constructed and function in a manner consistent with the public health, safety and welfare.' Minor Exception (Code Section 17.03.060D.2) A. That there are practical difficulties or unnecessary hardships created by strict application of the code due to physical characteristics of the property. There are practical difficulties and unnecessary hardships created byshict application of the code due to physical circumstances and characteristics of the property that are not shared by other properties in the zone due to a flood control easement across the 'rear of the property that limits the developable depth of the property to approximately 150 feet. B. The Minor Exception does not grant special privileges which are not otherwise availableto surrounding properties and will not be detrimental to the publid welfare orto the property of other person located in the vicinity. The Minor t xception does not grant special privileges which are not otherwise available to surrounding properties also affected by the flood control channel as other development projects may request a Minor Exception for a reduction in' parking requirements.' Nis not anticipated thatthe requested reduction in parking would be"detrimental to the public welfare dr to the property of other persons located in the vicinity. C. The Minor Exception places suitable conditions on the property to protect surrounding properties. The project has.been conditioned in accordance with requirements of the development code, building. codes and fire codes. Section 3. Environmental Compliance. In accordance with the California Environmental Quality" Act,.the proposed Project has been deemed to be Categorically Exempt from further . environmental review. (Glass 32, Section 15332, In-Fill Development Project). Section 4. . Conditions. That the City of Temecula Planning Commission hereby conditionally approves the Application, a request for a Development Plan to construct and operate a three story, 15,333 square foot mixed-use retail/office building and a Minor Exception to permita 15 percent reduction in the parking requirements for a project on a 1.4 acre site located on'the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road, known as Assessor Parcel No. 922-100-023, as set forth on Exhibit A, attached hereto,.and incorporated herein by this reference as though set forth in full. RAD P%2004W405M Star World CenteADra(t Reso.doc . Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this.1 a day of January, 2006. David Mathewson, Chairman ATTEST: Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certifythat PC Resolution No. 06-~ was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18"' dayof January, 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R"V P128MW-0584 Star Works Center%Draft Resodoc 3 MAD PM04M-0584 Star Wodd CenteADmft Aeso.doc 4 EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA04-0584 Project Description: A Development Plan to construct and operate a three- story, 15,333 square foot mixed-use retail/office building on and a Minor Exception to permit a 15 percent reduction in the parking requirements for a project on a 1.4 acre site located on the west side of Old Town Front Street, approximately 1,400 feet south of Santiago Road. Assessor's Parcel No.: 922-100-023 MSHCP Category. Commercial DIF Category: Retail Commercial and Office TUMF Category: Retail Commercial and Service Commercial/Office Approval Date: January 18, 2006 . Expiration Date: January 18,2008 WITHIN FORTY-EIGHT (48) HOURS OF THE APPROVAL OF THIS PROJECT Planning Department. 1. The applicantideveloper shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant1developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). 2. The applicant shall sign both copies of the final conditions.of approval that will be provided bythe Planning Department staff, and return one signed set to the Planning Department for their files. R AD P.120t T4-0584 Star Wddd Centee0raft COA&da GENERAL REQUIREMENTS RAD PLOOM04-0584 Star World CeaterWraft COAs.doc 2 Planning Department I. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City witli Legal Counsel of the Citys own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting; directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The Cirri shall be deemed for purposes of this condition, to include any agency or instrumentality thereof,, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and.shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the. City.deems to be in the best interest of the City and its citizens in regards to such defense. 4. The permittee shall obtain City approval for any modifications or revisions to the approval of this development plan.. 5. This approval shall be used within two (2) years of the approval date otherwise, it shall become null and void. By use is meant the, beginning of substantial construction contemplated by this approval within the two (2) year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. 6. The Director of Planning may, upon an application being filed within thirty days prior to expiration, and for good cause, grant a time extension of up to three one-year extensions of time, one-year at a time. 7. A separate building permit shall be required for all signage. 8. The development of-the premises shall substantiallyconform to the approved site plan and elevations contained on file with the Planning Department. 9. ThAcondifions of approval specified in this resolution, to the extent specific items, materials, equipment; techniques; finishes or similar matters-are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required:bythe ' condition of approval. Staff may elect to reject the request tos-ubstitute, in which case the real parry in interest may appeal, after payment of the regular cost of an appeal, the decision . .to the Planning Commission for its decision. Material Color Stucco Finish (walls) - Main Body La Habra "Adobe" Stone.Veneer (walls) - Base Band Eldorado. Stone "Veneto Fieldledge" Stucco Foam Fascia Trims Frazee "Showcase 752" Wood Fascia & Decorative Wood Brackets Frazee "8245A Ochre Rust" Window Frames Anodized Aluminum (Brown/Gold) Window Glazing Roofing PPG "Atiantica" (green tint) Eagle Roofing Products - Mission Santa Barbara "S" Tile RAD M004\04-0SU Star World Centeffiraft COAs.doc 10. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning. Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. Public Works Department 11. A Grading Permit for either rough and/or precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. 12. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 13. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Bolding and;Safety Department 14. All design components shall comply with applicable provisions of the 2001 edition of the California Building, Plumbing and Mechanical Codes; 2004 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. 15. The Cityof Temecula has adopted an ordinance to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). Upon the adoption of this ordinance on March 31, 2003, this project will be subject to payment of these fees at the time of building permit issuance. The fees shall be subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. 16: Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street-lights and otheroutdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded ahd directed°so"as not to shine directly upon adjoining property or public rights-of-way. 17. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption 'from.School - Mitigation Fees. 18. -Obtain all building plans and permit approvals prior to commencement of any construction work. 19. Show all building setbacks. RAD P12004104-0584 Star World CenteAbraft COAs.doc 20. Developments with Multi-tenant Buildings or Shell Buildings shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with Single User Buildings shall clearly show on the plans the location of a dedicated panel in place for the purpose of the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 21. Ail buiiIr ing and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998) 22. Provide disabled access from the public way to the main entrance of the building. 23. Provide van accessible parking located as close as possible to the main entry. 24. • Trash enclosures, patio covers, light standards, and any block walls if not on the approved building plans, will require separate approvals and permits 25. Signage shall be posted conspicuously.at the entrance to the project that indicates the hours of construction, shown below, as allowed by the City of Temecula Ordinance No. 94-25, specifically Section G (1) of Riverside County Ordinance No. 457.73, for any site within one- quarter mile of an occupied residence. Monday-Friday 6:30 a.m. - 6:30 p.m. Saturday 7.00 a.m. - 6:30 p.m: No work is permitted on Sundays orGovemment Holidays Fire Prevention 26. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (COG); California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 27. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or. construction of all commercial buildings per CFC Appendix III.A, Table A-111-A-1. The developer shall provide for this project, a water system capable of delivering 2500 GPM at 20 PSI residual operating pressure, plus an assumed sprinkler demand of 700 GPM for a total fire flow of 3200 GPM with a 3-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, orautomatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix III-A) 28. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III-B, Table A-Ili-B-t. A minimum of 2 hydrants, in a combination of on-site and off-site (6° z 4" x 2-2 112° outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shalt be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant: The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. i (CFC 903.2, 903.4.2, and Appendix III-B) RAD M2 VD4-0584 Star World. Center\Draft COAs.doc 29. As required by the California Fire Code, when an . 1 y portion of the facility is in excess of150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided, (CFC 903.2) 30. Fire Department vehicle access roads shall have an unobstructed width of not less than twenty-four (24) feet and an unobstructed vertical clearance of not less than thirteen (13) feet siz (6) inches. (CFC 90222.1) 31. Prior to building construction, this development shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) 32. Any/All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 33. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Departmentforapproval, a site plan designating Fire Lanes with appropriate lane painting and or signs. Community Services Department 34. The trash enclosures shall be large enough to accommodate a recycling bin, as well as, regular solid waste containers. 35.. . The developer shall contact the City's franchised solid waste hauler for disposal of construction debris. Only the City's franchisee may haul construction debris. 36. : The Applicant shall comply with the Public Art Ordinance. 37. All. parkways, landscaping, fencing and on site lighting shall be maintained by the property owner or maintenance association. R M3 P004W4.0584 Star Wodd CenteMrafl COA&do c PRIOR TO ISSUANCE OF GRADING PERMITS k--\D P121)04U-05U Star. Wodd Centee0rafl COAs.doc 7 Planning Department 38. Provide the Planning Department with a copy of the underground water plans and electrical plans for verification of proper placement of transformerfs) and double detector check prior to final agreement with the utility companies. 39. The applicant shalt submit a photometric plan, including the parking lot to the Planning Department, which meets the requirements of the Development Code and the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of the parking lot trees. 40. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that Ordinance or by providing documented evidence that the fees have already been paid. 41. The-following shall be included in the Notes Sectlon',bf the Grading Plan: "If at any time during excavaton/construction of the she, archaeological/cultural resources, oranyartifacts or other objects which reasonably appears to be'evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Planning at his/her sole discretion may require the property to deposit a sum of money it deems reasonably necessary to allow.the City to consult andror authorize an independent, fully qualified specialist to inspect the-site at no cost to the City, in order to assess the significance of the find. Upon determinin4 that the discovery is notan archaeologicallcultural resource, the Director of Planning shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an'- a rchaeologicaUCultural resource, the Director of Planning shall notify, the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Planning Public Works Department 42. A permit from Riverside County Flood Control and Water Conservation District is required for work within their right-of-way. 43. A Grading Plan shall be prepared by a registered Civil Engineer and shall be reviewed and approved by the Department of Public Works. The grading plan shall include all necessary erosion control measures needed to adequately protect adjacent public and private property. 44. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works 45. A Soil Report shall be prepared by a registered Soil or Civil Engineer and submitted to the Director of the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations- for the construction of engineered structures and pavement sections. . 46. A Geological Report shall be prepared by a qualified engineeror geologist and submitted to the Department of Public Works with the initial grading plan check. The report shall address special study zones and the geological conditions of the site, and shall provide recommendations to mitigate the impact of liquefaction. S-0 P=MD4-0584 Star Word Centeffiraft COA&doc 47. The Developer shall have a Drainage Study prepared by a registered Civil Engineer in accordance with City Standards identifying storm water runoff expected from this site and upstream of this site. The study shall identify all existing or proposed public or private drainage facilities intended to discharge this runoff. The study shall also analyze and identify impacts to downstream properties and provide specific recommendations to protect the properties and mitigate any impacts. Any upgrading or upsizing of downstream facilities, 'including acquisition of drainage or access easements necessary to make required improvements, shall be provided by the Developer. 48. NPDES - The project proponent shall implement construction-phase and post-construction pollution prevention measures consistent with the State Water Resources Control Board (SWRCB) and City of Temecula (City) NPDES programs. Construction-phase measures shall include Best Management Practices (BMPs) consistentwith the City's GRging, Erosion & Sediment Control Ordinance, the Citys standard notes for Erosion and Sediment Control, and the SWRCB General Permit for Construction Activities. Post-constructlctn measures shall be required of all Priority Development Projects as fisted in the Citys NPDES permit. Priority Development Projects will include a combination of structural and'non-structural onsite source and treatment control BMPs to prevent contaminants from commingling with stormwater and treat all.unfiltered runoff year-round prior to. entering a storm drain. Construction-phase and post-construction .BMPs shall be designed and included into plans for submittal to, and subject to the. approval of, the City Engineer prior to issuance of a Grading Permit The project proponent shall also provide, proof of a mechanism to ensure ongoing long-term'maintenance of all structural post-construction BMPs: . 49. As. deemed necessary by the Director of the.1]epartment of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District C. Planning Department d. Department of Public Works so. The Developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. 51. The Developer shall obtain any necessary letters .ofapproval orSlopeeasements foroff=site work performed on adjacent properties as directed by the Qepartment.of Public Works- . 52. A,.flood mitigation charge shall. be paid. The Area Drainage Plan. fee 1s payable to the Riverside County Flood Control and Water Conservation District byeithercashier's check or money order, prior to issuance of permits, based on the prevatiingarea drainageplan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this .property, no new charge needs to be paid. 53. The site is in an area identified on the Flood Insurance Rate Map. This projeashall comply with Chapter 15, Section 15:12 of the City Municipal Code which may include obtaining a Letter of Map Revision from FEMA. A Flood Plain Development Permit shall be submitted to the Department of Public Works for review and approval. RM P12004W-0584 61w Wortd CenfeOmft COAs.doc PRIOR TO ISSUANCE OF BUILDING PERMIT a FLAD F2004\04-0594 Star Wodd Centeffiraft COAS.doc 10 Planning Department 54. The applicant shall submit to the Planning Department for permanent filing two (2) 8" X 10" glossy photographic color prints of the approved Color and Materials Board and the colored architectural elevations. All labels on the Color and Materials Board and Elevations shall be readable on the photographic prints. 55.. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. 56. All downspouts shall be internalized. 57. Three (3) copies of Construction Landscaping and. Irrigation Plans shall be reviewed.and approved by the Planning Department. These. plans shall, conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance. The plans shall be accompanied by the following items: a. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). b. Provide a minimum five foot wide planter to be- installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. c. Provide an agronomic soils reportwith the construction landscape plans. d. One (1) copy of the approved grading plan. e. Water usage calculations per Chapter 17.32 of the Development Code. (Water 'Efficient Ordinance). f.. Total cost estimate of plantings and irrigation (in accordance with approved plan). g. A landscape maintenance program shall be submitted for approval, which details the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The' approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 58. All utilities shall be screened #rom public view. Landscape construction drawings shall show andtabei all utilities and provide appropriate screening. Provide a 3' clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion.. Screening of utilities is not to took like an after- thought. Plan planting beds and design around utilities. Locate all light poles on plans and 'insure that there are no conflicts'with trees. 59. Building plans shall indicate that all roof hatches shall be painted International Orange". 60. The construction plans shall indicate the application of painted rooftop addressing plotted on a 9-inch grid patter with 45-inch. tall numerals spaced 9-inches apart. The numerals shall be painted with a standard 9-inch paint roller using fluorescent yellow paint applied over a• contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. R'0 M2[M%04-0584 star world Centeffiran COAs doc Public Works Department 61. Precise grading plans shall conform to applicable City of Temecula Standards subject to approval by the Director of the Department of Public Works. The following design criteria shall be observed: a. Flowline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveway shall conform to the applicable City of Temecula Standard No. 207,A. C. Street light shall be installed along the public streets adjoining the site in accordance . With City Standard No. 800, 801, 802 and 803. d. Concrete sidewalks andramps shall tie constructed. along public street frontages in accordance With City of Temecula Standard Nos. 400.401and 402.. e. All street and driveway centerline intersections shall be at 90 degrees. f. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. 62.. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Director of the Department of Public Works: a. Improve Old Town Front Street - 60' R/W to include installation of improvements including paving, curb and gutter, sidewalk,.street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). ) b. All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans' standards for transition to existing street sections. 63. The Developer .shall construct the following public improvements in conformance with applicable City Standards and subject-to-approval by the Director of the Department of Public Works. a. Sewer and domestic water systems b. Under grounding of proposed utility distribution lines 64. The. Developer shall vacate and dedicate the abutters rights of.access along Old Town Front Street pursuant to the new location of the driveway. 65. A construction area Traffic Control Plan shall be designed by a registered Civil or Traffic Engineer and reviewed by the Director of the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 66.. The building.pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered Civil Engineer, and the Soil Engineer shall issue a Final Sol[ Report addressing compaction and site conditions. 67. The Developer shall pay to the City the Public Facilities Development Impact Fee as % required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all 1 Resolutions implementing Chapter 15.06. I'M M004194-0584 Star World Centeffiraft COAs.doe 12 68. The Developer shall pay to the City the Western Riverside County Transportation Uniform Mitigation Fee (TUMF) Program as required by, ancl in accordance with, Chapter 15.08 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.08. Building and Safety Department 69. Obtain street addressing for all proposed buildings prior to submittal for plan review. 70. A sound transmission control study shall be prepared and submitted at time of plan review in accordance with the provisions of Appendix Chapter 12, Section 1208A, of the 2001 edition of the California Building Code. 71. Restroom fixtures, number and type, to be in accordance with the-provisions of the 2001 edition of the California Building Code Appendix 29. 72. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. 73. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 74. Provide precise grading plan at plan check submittal to check accessibility for persons with disabilities. .75. Provide appropriate stamp of a registered professional with original signature on plans prior to permit issuance. 76. A pre-construction meeting is required with the building inspector prior to the-start of the building constriction Aire prevention 77. Prior to building final, all locations where structures are to be built shall have.approved Fire Department vehicle access roads to within 150 feet to_any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of 25 feet- (CFC sec 902) 78. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered•civil engineer; contain a Fire Prevention Bureau approval signature block; and. conform to hydrant We, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the. Fire Prevention Bureau for signatures. The required watersystem including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC_8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) Community Services Department 79. The developer shall provide TCSD verification of arrangements made with the Citys franchise solid waste hauler for disposal of construction debris. RM P72004104-0584 Star world CenterlDraft COASAm 13 80. Prior to the first building permit or installation of additional street fighting on Old Town Front Street which ever occurs first, the developer shall complete the TCSD application processi submit an approved Edison Streetlight Plan and pay the appropriate energy fees related to the transfer of street lighting into the TCSD maintenance program. ,r RAD P12004N4-0584 Star World Renter\Drafl COMA= 14 PRIOR TO RELEASE OF POWER, BUILDING OCCUPANCY OR ANY USE ALLOWED BY THIS PERMIT RAT) MDOW "584 Star Wodd Centee0fak COAs doc 15 Planning Department 81. Prior to the release of power, occupancy, or any-use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from . view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping file covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 82. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning- The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be property constructed and in good working order. 83. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department fora period of one year from final.certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall. be released upon request by the applicant. 84. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the InternMional Symbol of Accessibility. The sign shall not be. smaller than 70 square inches in'area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicgous.place, at each entrance to the off- street parking facility, not less than f7 inches by 22 inches, clearly and conspicuously stating the following: °Unauthadzed vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities maybe towed away at owner's expense. Towed vehicles may be reclaimed by.telephoning 951696-3000." 85. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 86, All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 87. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 88. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District KV) P004W4-0584 Star World CenteADraft COAs dw 16 Planning Department 81. Prior to the release of power, occupancy, or any-use allowed by this permit, the applicant shall be required to screen all loading areas and roof mounted mechanical equipment from . view of the adjacent residences and public right-of-ways. If upon final Inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping file covered mansard roof element or other screening if reviewed and approved by the Director of Planning. 82. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shalt be in a condition acceptable to the Director of Planning- The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 83. Performance securities, in amounts to be determined by the Director of Planning, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan shall be filed with the Planning Department for a period of one year from final certificate of occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Planning, the bond shall. be released upon request by the applicant. 84. Each parking space reserved for the handicapped shall be identified by a permanently affixed refiectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be. smaller than 70 square inches in'area and shall be centered at the interior end of the parking space at a minimum height of '80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous.place, at each entrance to the off- street parking facility, not less than 17 inches by 22 incites, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabiltfies Maybe towed away at owner's expense. Towed vehicles maybe reclaimed by.telephoning 951696-3000." 85. in addition to `the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least 3 square feet in size. 86. All site improvements including but not limited to parking areas and striping shall be installed prior to occupancy or any use allowed by this permit. 87. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Public Works Department 88. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho Califomia Water District RAD P\2004W4-0584 Star World Center\Draft COAS.doc is b. Eastern Municipal Water District C. Department of Public Works 89. All public improvements shall be constructed and completed per the approved plans and City standards to tha satisfaction of the Director of the Department of Public Works. 90. The existing improvements shall be reviewed. Any appurtenance damaged or broken shall be repaired or removed and replaced to the satisfaction of the Director of the Department of Public Works. Fire prevention 91. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 92. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and.existing buildings in such a position as to be plainly visible and legible from the street or road fronting the properly: Numbers shall be of a contrasting color to their background. Commercial; multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/oi numbers on both the front and rear doors. (CFC 901.4.4) 1 93. Prior to issuance of Certfcate of Occupancyor building final, biased on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. j Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 94. Prior to issuance of. Certificate of Occupancy or buifding'ffnal,.based on a requirement for monitoring the sprinkler system, occupancy or use; the developer shall instalf an fire alarm system monitored by an approved underwriters Laboratory listed central station. Plans shall be submitted to the:Ffre Prevention Bureau for approval prior to installation. (CFC Article 10) 95. Prior to the issuance of a Cettificate.of Occupancy or building final; a "Knox-Box' shall be. provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) RM P12004M-0584 Star world CenteMrafl COAs.doc 17 OUTSIDE AGENCIES RAD P120DA04-0584 Star Wodd Center\Drak COAs.doc 78 . (9- Ruche iP*r hoard orD"naean John @ Hoagland Pcedidmt C.A. R K. Sr. Pior P.vidmt stephe.. J. Cn.vn. Ralph H" Day Den R. Dral.e Lisa D. Homan wehael R M.MRha December 13, 2004 Stuart Fisk, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 F ~iEC D 2004 SUBJECT: WATER AVAILABILITY LOT NO.4 OF TRACT NO. 013-059; BLOCK 32; PARCEL NO. 2 OF MAP BOOK-148, PAGES NO. 51 AND NO. "52 CITY OF TEMECULA; APN 922-100-023 PROJECT NO. PA04-0584 {STAR WORLD CENTER] Dear Mr. Fisk: olcma: R"'nJ.R°"' Please be advised that the above-referenced property is located within the Ceaeral Manager Phinip 4 Forbes boundaries of Rancho California Water District (RC WD). Water service, Dkr atFlvaaro-•Reaamrl. therefore, would be available upon construction of any required on-site and/or Rr. Bo6'isma.u off-site water facilities and the completion of financial arrangements between Dusmr dpaglgatriag , Petry RLosek RCWD and the property owner. JefD'"`° t'°"g If fire protection is required, the customer will need to contact RCWD for fees Conn.Re Unda M Flegoso and requirements. - So..iw Mavager C.Miaha.IC.wett Water availability would be contingent upon the property,owner signing an Rest Rent & Krhiger LLP Agency Agreement that assigns water management rights, if any, RC WD. G..aal camel Y> If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT ~ T12/ha WMevermpge er , P.E. Development Engineering Manager 041MM:aM81FCF a Laurie Williams, Engineering Services Supervisor 96. The applicant shall comply with the attached letter dated December 13, 2004, from the Rancho California Water District. 97. The applicant shall comply with the attached letters dated April 13, 2005, and June 28, 2005, from the Riverside County Flood Control and Water Conservation District.. 98. • The applicant shall comply with the attached letters dated January 7, 2005, from the Southern California Gas Company. 99. The applicant shall comply with the attached letters dated December 1, 2004, from the County of Riverside Department of Environmental Health. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. 1 further understand that the property shall be maintained in conformance with these conditions ofIapproval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant's Signature Date Applicant's Printed Name i rir+rrnA's. , . R.V M2004b40584 Star Work) CenlertDraft COAsAoc " 19 VARREN D. WILLIAMS ar r4 1995 MARKET STREET mmi Mmajer-Chief Engineer 1 a°` °B~o < RIVERSIDE, 995 MARKET 92501 951.955.1200 951.788.9965 FAX s ~S VA71 94220.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT April 13, 2005 City of Temecula Planning Department Post Office.Box 9033 Temecula, CA 925899033 Attention: Stuart Fisk Ladies and Gentlemen: Re: PA 040584 The District does not normally recommend. conditions for land divisions or other land. use cases in incorporated Cities. The District also.does not plan check City land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan. system, and District. Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety, or any other such issue: The majority of the property is within the 100 year Zane AE floodplain limits for Murrieta Creek as delineated on Panel No. 060742-OOIOB dated September 2, 1993 of the Flood Insurance Rate Maps issued in conjunction with the National Flood Insurance Program, administered by the Federal Emergency Management Agency (FEMA). A District flood study in 1987 determined the base flood elevation for the master plan flow rate. of 38,300 cfs to be 1001.85 (NGVD 29) at the location. The U.S. Army Corps of Engineers along with the District and the Cities of Temecula and Mutrieta are working on the design of the Murrieta Creek Flood Control, Environmental Restoration and Recreation project (Project), which has been Congressionally authorized. The proposed development is located within Phase 1 of the Project, which is currently in construction. Questions regarding the Project may be addressed to Zully Smith of out office at 95I.955.1299. Until the proposed Project has been constructed, all new buildings should be floodproofed by elevating the finished floor a minimum of 12 inches above the District's floodplain elevation of 1001.85. This project is located within the, limits of the Districts Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid prior to the issuance of building or grading permits. Fees to be paid should be at the rate in effect at the time of issuance ofthe actual permit. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. f 94220.1 City of Temecula -2- April 13, 2005 Re: PA 04-0584 7 If this project involves a FEMA mapped floodpla4 then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the.project, and a Letter of Map Revision (LOMR).prior to occupancy. The applicant shall show written proof of compliance with the Multiple Species Habitat Conservation Plan (MSHCP) for any drainage facilities the applicant proposes to be maintained by the District. All applicable CEQA and MSHCP documents and permits shall address the construction, operation and maintenance of all onsite and offsite drainage facilities. Draft CEQA documents shall be forwarded to the District during the public review period. If a natural watercourse or mapped floodplain is impacted by this project, the'City should.require the applicant to obtain all applicable Federal, State and local regulatory permits. These regulatory permits include, but are not limited to: a Section 404 Permit issued by the U.S. Army Corps of Engineers in compliance with section 404 of the Clean Water Act, a California State Department of Fish and Game Streambed Alteration Agreement in compliance with the Fish and Game Code Section 1600 et-seq., and a 401 Water Quality Certification or a Report of.Waste Discharge Requirements in compliance with Section 401 of the Clean Water Act or State Porter Cologne Water Quality Act, respectively, from the appropriate Regional Water Quality Control Board. The applicant shall also be responsible for complying with all mitigation measures as required' under CEQA and all Federal, State, and local environmental rules and regulations. c: Ron Parks, City of Temecula Zully Smith, RCFC & WCD AM:blj Very truly yours,, I ARTURO DIAZ Senior Civil Engineer VARREN D,.WILLIAMS ~ormr r~i 1995 MARKET STREET .neral'Manager--Chief Engineer. ny RIVERSIDE, CA 92501 951.955.1200 951.788.9965 FAX www.iloodcontrol.co.rivaside.caus - uhf FAT RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT June 28, 2005 FAXED THIS DATE TO: 951.695.7215 Ms. Janet Ock-Gyu Lee 4027 Star Track Way Fallbrook, CA 92028-8922 Dear W. Lee: Re: Murrieta Creek Project APN 922-100-023- Star World Center I appreciate the opportunity to have met with you on June 15, 2005 to discuss proposed development plans for your parcel adjacent to Phase 1 of the Murricta Creek Project. As requested, I am writing to clarify/confirm the following three points: 1. The U.S Army Corps of Engineers (Corps) is constructing the Murrieta Creek Flood Control, Environmental Restoration and Recreation Project. Upon completion, the District will request.that FEMA revise its flood insurance rate maps to reflect. the subject parcel being free from flooding in a 100-year storm event. 2. Construction of the phase of Munieta Creek Channel adjacent to the subject parcel is not yet complete. To date, only a brief, inaccessible segment of the bicycle path that will someday parallel the entire channel through Temecula has been constructed After consulting with the Corps, we have decided not to permit private development to construct pedestrian/bicycle access improvements within our rights-of-way at this . time. Your request for construction of a 12-foot access ramp is therefore denied In the future, access points will be located at specific locations where public access rights have been secured. 3. District staffs interpretation of the language of the grant deed for the subject parcel is that a blanket easement for access purposes exists over the entire.subject parcel, not just that portion offered through dedication to the public. Given the fact that we are presently in litigation with you, I would encourage you to direct all future inquiries related to this matter to the office of County Counsel through your attorney. Lastly,-please note that sheet A-I.I- of the site plan drawing for your proposed development incorrectly shows a storm drainage easement, along with 16-foot wide easements for both landscaping and a maintenance road adjacent to the westerly edge of your project. The drawing should be updated to reflect fee-simple ownership by our District of all three areas. Ms. Janet Ock-Gyu Lee -2- June 28, 2005 Re: Murrieta Creek Project APN 922-100-023- Star World Center Should you have finther questions related to the Murrieta Creek project please contact Gregory Walker of our Right of Way Acquisition staff at 951.955.1281. Very truly yours-, /~~07.~P,rlQ STEPHEN C. THOMAS Chief of Operations and Maintenance Division c: US Army Corps of Engineers Attn: David Van Dorpe, Project Manager City of Temecula Attn: Don Hagen, Senior Planner Zully Smith Ed Lotz SCT:ac Pc/95505 1 f" a ~ Southern celifornie an Company A WSempraEnergy company January 7, 2005 City of Temecula P.O: Box 9033 Temecula, CA 92589-9033 Subject: 010705 Various Projects PA04-0561, 40517 Margarita'Rd, Temecula Mall Loo Rd - Construction PA04-0584, Temecula Education Complex, On Diaz Btwn Cher & Campus - Construction - PA040584, Star World Center - Old Town Front Street - Construction PA04-0588 Roick Dirive Business Condo - PA04-0592, Penfold Plaza - Construction PA04-0612, Palomar Plaza - Construction - 43980 Mar arita Rd PA04-0620, Boys & Girls Club - Construction - 31465 Via Cordoba PA04-0621, Butterfield Ranch Shopping Center - construction Commercial Bldgs - Southwest Comer of H 79 South & Butterfield PA04-0622, Tall Tree Mail Expansion - Construction - Office Bld s PA02-0362 .-Rancho Temecula Town Centre - H 79 & Nicholas PA04-0200, 201, S/E Rancho Calif Rd & Meadows Pkwy -Construction Southern California Gas Company; Transmission Department, has no conflict with your proposed improvement. However, our Distribution department may have some facilities within your construction area. To assure no conflict with the local distribution's pipeline system, please contact (909) 335-7725. ---Sincerely, Rosat es Transmi ' n Pipeline Planning Assistant F65 E, LLI ~u Rn i JAN I S 2005 II UNUN IIII msCaqfxty 94000 kdakAmw M&NWA CA 91313 MaftAildnstr P. R B=2300 pmaumtli, CA 91313-23M ALL9314 td 818-A71-4516 fat 818.7013441 December 1, 2004 -"t p Cibt,xJTY OF RIVERSIDE • HEAD 1, -kRVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department P.O. Box 9033 aq Temecula, CA 92589-9033 Attention: Stuart Fisk cy~ RE: Development Plan No. PA04-0584 Dear Mr. Fisk: Department of Environmental Health has reviewed the Development Plan No. PA04-0584 to construct a 13,000 sq. ft. commercial building on..51 acres and has no objections. Although we have no recent information in regards water and sewer availability, water and sewer services should be available in this area 2. PRIOR TO THE ISSUANCE OF BUILDING PERMITS THE FOLLOWING SHOULD BE REQUIRED: a) "Will-serve" letters from the appropriate water and sewering districts- b) If there are to be any food establishments, (including vending machines), three complete sets of plans for each food establishment will be submitted including a fixture schedule, ) a finish schedule and a plumbing schedule in order to ensure compliance with the California Uniform Retail Food Facilities Law 2. For specific reference, contact Food Facility Plan Examiners at (909) 600-6330. c) If there are to be any hazardous materials, a clearance letter from the Department of Environmental Health Hazardous Materials Management Branch (955-5055) will be required. indicating that the project has been cleared for. 4 Underground storage tanks, Ordinance # 611.4. 4 Hazardous Waste Generator Services, Ordinance # 615.3. 4 Hazardous Waste Disclosure (in accordance with Ordinance # 651.2). 4 Waste reduction management. Sincerely, SSatrC&faRinez, Supervising Environmental Health Specialist (909) 955-8980 NOTE: Any current additional requirements not covered can be applicable at time of Building Plan review for final Department of Environmental Health clearance. cc: Doug Thompson, Hazardous Materials .acal Enforcement Aseacv • Po. Box 1280, Riverside. CA 92502-1280 • (909) 955-8982 • FAX (909) 781-9653 • 4080 Lemon Street, 9M Boor, Riverside, CA 92501 Notice of Public Hearing 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: PA08-0286 Applicant: Janet Lee Proposal: The second Extension of Time application for the Starworid Center located on 28865 Old Town Front Street, no changes are proposed as part of the extension. Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15332, Class 32, InfiII Development) Case Planner: Eric Jones, (951) 506-5115 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: March 18, 2009 Time of Hearing: 6:00 p.m. 1 v , ~4 - oQO R PA08-0286 { Ilk, =eet.' ~l j Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506-5115. ITEM 4 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: March 18, 2009 PREPARED BY: Christine Damko, Case Planner APPLICANT NAME: Citywide PROJECT Long Range Planning Project Number LR08-0046, adding Chapter SUMMARY: 12.12 to the Temecula Municipal Code entitled Parades and Special Events on Public Property and amending Chapter 17.04.020 A. of the Temecula Municipal Code providing that Chapter 17.04 applies to temporary uses and special events on private property. CEQA: Categorically Exempt CEQA Guidelines Section 15301 applies because the proposed Ordinance regulates the use and operation of the City's existing public streets and public property for activities without physical change to the public streets and public property. CEQA Guidelines Section 15323 applies because the proposed Ordinance regulates the normal parade and special event operations on public streets and public property that have occurred for more than three years in the past and without any physical changes to the public streets or public property. CEQA Guidelines Section 15061 (b)(3) applies because it can be seen with certainty that the proposed Ordinance does not have the potential for causing a significant effect on the environment because the proposed Ordinance regulates the use and operation of the City's existing public streets and public property for activities without physical change to the public streets and public property and is not a "project" within the meaning of CEQA. RECOMMENDATION: Adopt a resolution recommending that the Temecula City Council approve the addition of Chapter 12.12 to the Temecula Municipal Code entitled Parades and Special Events on Public Property and amending Chapter 17.04.020 A. of the Temecula Municipal Code providing that Chapter 17.04 applies to temporary uses and special events on private property. BACKGROUND SUMMARY The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of special event permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities permitted by right without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. This Ordinance does not apply to parades and special events that are governed by a permit, lease, or contract specifically authorized by the City Council. The current procedures for City sponsored events such as the Rod Run, Susan G. Komen Race for the Cure, the Fourth of July Parade, and Santa's Electric Light Parade would not be affected by this Ordinance. The Ordinance clarifies that the provisions of Chapter 17.04 applies only to temporary uses and special events on private property. ANALYSIS In order for the proposed Ordinance to comply with the First Amendment, expressive activity is broken down into two categories including special and spontaneous events. Listed below are definitions of each type of expressive activity and requirements on whether a permit is required. Special Event: A special event is defined as any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any street, sidewalk, or other public right-of-way owned or controlled by the City, State of California or County of Riverside. Examples of special events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way. Special events having more than 75 attendees will require a Special Event Permit. For those special events requiring a street closure (even if there is less than 75 attendees), a Special Event Permit is required and will need the approval of the City Manager. When a special event permit is required, the applicant will be responsible for paying City support costs that are needed as a direct result of the event. Examples of support costs may include but are not limited to: fire safety, traffic and/or pedestrian control, water safety (e.g. lifeguards at City pools), the closure of streets or intersections, and the diverting of traffic. Departmental service charges shall not include costs incurred by the City to provide police protection to those engaged in the event. The City Manager shall determine the type of special event and calculate the final department service charge based on whether or not the special event is privately funded or is funded in whole or in part by the City in accordance with the following standards: 2 Type A is an event which is privately sponsored and funded and the permittee will pay 100 percent of the applicable fees or departmental service charges. Type B is an event which is co-sponsored by the City and the non-City permittee will pay a negotiated portion of the applicable fees or departmental services charges. Type C is an event funded by the City and the City will absorb 100 percent of the applicable fees or departmental services charges incurred by the City. Spontaneous Event A spontaneous event is defined as any special event involving expressive activity that is occasioned by news or affairs coming into public knowledge within five days. A spontaneous event will not require a Special Event TUP as this type of expressive activity falls under the First Amendment. Spontaneous events can be held without a permit in public areas not designated for sports activities or otherwise reserved at the following City venues: Duck Pond, Ronald Reagan picnic shelter area, and Margarita Community Park. If a spontaneous event is likely to impact traffic or pedestrians on City streets, organizers must give written notice to the City Manager at least 24 hours prior to the event. The City Manager may deny permission to conduct a spontaneous event if a finding is made no later than six hours before the scheduled start time of the event. In lieu of a denial, the City Manager may propose to the event organizer an conducting the activity that would be acceptable findings within the Ordinance. LEGAL NOTICING REQUIREMENTS n alternative time, route, venue, or manner of to the City and that would obviate any of the Notice of the public hearing was published in the Californian on March 7, 2009. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA Guidelines Sections 15301, 15323 and 15061 (b)(3). The Categorical Exemption of CEQA Guideline Section 15301 applies because the proposed ordinance regulates the use and operation of the City's existing public streets and public property for activities without physical change to the public streets and public property. The Categorical Exemption of CEQA Guideline Section 15323 applies because the proposed ordinance regulates the normal parade and special event operations on public streets and public property that have occurred for more than three years in the past and without any physical changes to the public streets or public property. It can be seen with certainly that there is no possibility that the proposed ordinance may have a significant effect on the environment. Staff concluded that there is no possibility that the Parade and Special Event Ordinance may have a significant effect on the environment because this Ordinance clarifies whether or not a permit is required for a special event located within the public right-of-way or on public property. Environmental compliance will be reviewed on a permit by permit basis. As such, there is no possibility that the proposed amendments to Title 12 of the Municipal Code will have a significant effect on the environment. ATTACHMENTS Initial Study PC Resolution Exhibit A-Draft CC Ordinance Notice of Public Hearing 4 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title Parades and Special Events on Public Property Ordinance (LR08- 0046 Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Contact Person and Phone Number Christine Damko 951 693-3952 Project Location City Wide Project Sponsor's Name and Address City of Temecula General Plan Designation N/A Zoning N/A Description of Project Long Range Planning Project Number LR08-0046, adding Chapter 12.12 to the Temecula Municipal Code entitled Parades and Special Events on Public Property and amending Chapter 17.04.020 A. of the Temecula Municipal Code providing that Chapter 17.04 applies to temporary uses andspecial events on private property. Surrounding Land Uses and Setting N/A Other public agencies whose approval None is required Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture Resources Noise Air Quality Population and Housing Biological Resources Public Services - Cultural Resources Recreation Geology and Soils Trans ortation/Traffic Hazards and Hazardous Materials Utilities and Service Systems Hydrology and Water Quality Mandatory Findings of Significance Land Use and Planning X None Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ot ill th n ere w I find that although the proposed project could have a significant effect on the environment, be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. t ifi i " " can gn potentially s or I find that the proposed project MAY have a "potentially significant impact unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. all b t ecause , I find that although the proposed project could have a significant effect on the environmen ificant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE i ll ti gn y s a poten DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. h1l I A117. h~ ~M/VV i a ure 3/a o Date Christine Damko Printed Name City of Temecula For 1. AESTHETICS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Have a substantial adverse effect on a scenic vista? X b. Substantially damage scenic resources, including, but not X limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? C. Substantially degrade the existing visual character or X quality of the site and its surroundings? d. Create a new source of substantial light or glare which X would adversely affect day or nighttime views in the area? Comments: 1.a-d No Impact: The project is not located within a scenic vista, adjacent to a scenic highway and would not create a new source of substantial light or glare. The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges and in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 2. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Convert Prime Farmland, Unique Farmland, or Farmland X of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-a ricultural use? b. Conflict with existing zoning for agricultural use, or a X Williamson Act contract? C. Involve other changes in the existing environment which, X due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Comments: 2.a-c No Impact: The City does not have property under a Williamson Act contract nor our City properties zoned agricultural. The project will not involve changes in the existing environment, which would result in the conversion of farmland to non-agricultural uses. No impact is anticipated as a result of the proposed project. The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event, and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Conflict with or obstruct implementation of the applicable X air quality plan? b. Violate any air quality standard or contribute substantially X to an existing or projected air quality violation? C. Result in a cumulatively considerable net increase of any X criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d. Expose sensitive receptors to substantial pollutant X concentrations? e. Create objectionable odors affecting a substantial number X of people? Comments: 3.a-e No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts, including air quality regulations. 4. BIOLOGICAL RESOURCES. Would the project? Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact a. Have a substantial adverse effect, either directly or X through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat X or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? C. Have a substantial adverse effect of federally protected X wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interru tion, or other means? d. Interfere substantially with the movement of any native X resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or im ede the use of native wildlife nurser sites? e. Conflict with any local policies or ordinances protecting X biological resources, such as a tree preservation policy or ordinance? f. Conflict with the provisions of an adopted Habitat X Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Comments: 4.a-f No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts, including biological resources such as MSHCP criteria. 5. CULTURAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Cause a substantial adverse change in the significance of X a historical resource as defined in Section 15064.5? b. Cause a substantial adverse change in the significance of X an archaeological resource pursuant to Section 15064.5? C. Directly or indirectly destroy a unique paleontological X resource or site or unique geologic feature? d. Disturb any human remains, including those interred X outside of formal cemeteries? Comments: 5.a-d No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 6. GEOLOGY AND SOILS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Im act a. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involvin : i. The rupture of a known earthquake fault, as delineated X on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42. ii. Strong seismic round shaking? X iii. Seismic-related round failure, including liquefaction? X iv. Landslides? X b. Result in substantial soil erosion or the loss of topsoil? X C. Be located on a geologic unit or soil that is unstable, or X that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral s readin , subsidence, liquefaction or collapse? d. Be located on expansive soil, as defined in Table 18-1-B X of the Uniform Building Code (1994), creating substantial risks to life or property? e. Have soils incapable of adequately supporting the use of X septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Comments: 6.a-e No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. In addition, any potential significant impacts will be mitigated through building construction, which will be consistent with the Uniform Building Code standards. 7. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Potentially Potentially Significant Unless Less Than Issues and Supporting Information Sources Significant Impact Mitigation Incorporated Significant Impact No Impact a. Create a significant hazard to the public or the X environment through the routine transportation, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the X environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? C. Emit hazardous emissions or handle hazardous or X acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d. Be located on a site which is included on a list of X hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f. For a project within the vicinity of a private airstrip, would X the project result in a safety hazard for people residing or working in the project area? g. Impair implementation of or physically interfere with an X adopted emergency response plan or emergency evacuation plan? h. Expose people or structures to a significant risk or loss, X injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Comments: 7.a-h No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 8. HYDROLOGY AND WATER QUALITY. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Impact Issues and Supporting Information Sources Impact Incorporated Impact X a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? b. Substantially deplete groundwater supplies or interfere X substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? C. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d. Substantially alter the existing drainage pattern of the site X or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e. Create or contribute runoff water which would exceed the X capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? f. Require the preparation of a Water Quality Management X Plan? g. Place housing within a 100-year flood hazard area as X mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h. Place within a 100-year flood hazard area structures which X would impede or redirect flood flows? i. Expose people or structures to a significant risk of loss, X injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Inundation b seiche, tsunami, or mudflow? X Comments: 8.a-j No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. In addition, the City is not located near a coast line which would be 10 subject to inundation by seiche, tsunami, or mudflow. No impact is anticipated as a result of the proposed project. 9. LAND USE AND PLANNING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact -Incorporated Impact Impact a. Physically divide an established community? X b. Conflict with any applicable land use plan, policy, or X regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C. Conflict with any applicable habitat conservation plan or X natural community conservation plan? Comments: 9.a-c No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 10. MINERAL RESOURCES. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Im act Impact a. Result in the loss of availability of a known mineral X resource that would be of value to the region and the residents of the state? b. Result in the loss of availability of a locally-important X mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Comments: 10.a-b No Impact: Public resources Code 2763 requires that the City land use decision affecting areas with minerals of regional or statewide significance be consistent with mineral resources within the Study Area identified by the State Department of Mines and Geology as being of regional or Statewide significance be consistent with mineral resource management policies in the General Plan. There are no mineral resources within the City of Temecula identified by the State Department of Mines and Geology as being of regional or Statewide significance. No impact is anticipated as a result of the proposed project. 11 11. NOISE. Would the project result in: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources lm pact Incorporated Im act Impact a. Exposure of persons to or generation of noise levels in X excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b. Exposure of persons to or generation of excessive X roundborne vibration or roundborne noise levels? C. A substantial permanent increase in ambient noise levels X in the project vicinity above levels existing without the project? d. A substantial temporary or periodic increase in ambient X noise levels in the project vicinity above levels existing without the project? e. For a project located within an airport land use plan or, X where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f. For a project within the vicinity of a private airstrip, would X the project expose people residing or working in the ro'ect area to excessive noise levels? Comments: 11.a-f No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. In addition, all special events will need to comply with the provisions listed in the City's adopted Noise Ordinance. 12 12. POPULATION AND HOUSING. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Induce substantial population growth in an area, either X directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b. Displace substantial numbers of existing housing, X necessitating the construction of replacement housing elsewhere? C. Displace substantial numbers of people, necessitating the X construction of replacement housing elsewhere? Comments: 12.a-c No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 13 13. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Fire protection? X b. Police protection? X C. Schools? X d. Parks? X e. Other public facilities? X Comments: 13.a-e No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. This Ordinance also addresses how City services, such as police and fire services, will be addressed whether the event is required to obtain a permit or is considered free speech. 14 14. RECREATION. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Increase the use of existing neighborhood and regional X parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b. Include recreational facilities or require the construction X or expansion of recreational facilities which might have an adverse h sical effect on the environment? Comments: 14.a-b No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 15 15. TRANSPORTATION/TRAFFIC. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Cause an increase in traffic which is substantial in X relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ration on roads, or congestion at intersections)? b. Exceed, either individually or cumulatively, a level of X service standard established by the county congestion management agency for designated roads or highways? C. Result in a change in air traffic patterns, including either X an increase in traffic levels or a change in location that results in substantial safety risks? d. Substantially increase hazards due to a design feature X (e.g., sharp curves or dangerous intersections) or incom atible uses (e. g., farm equipment)? e. Result in inadequate emergency access? X f. Result in inadequate parking capacity? X g. Conflict with adopted policies, plans, or programs X supporting alternative transportation (e.g., bus turnouts, bic cle racks)? Comments: 15.a-g No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 16 16. UTILITIES AND SERVICE SYSTEMS. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Exceed wastewater treatment requirements of the X applicable Regional Water Quality Control Board? b. Require or result in the construction of new water or X wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? C. Require or result in the construction of new storm water X drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d. Have sufficient water supplies available to serve the X project from existing entitlements and resources, or are new or expanded entitlements needed? e. Result in a determination by the wastewater treatment X provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f. Be served by a landfill with sufficient permitted capacity to X accommodate the project's solid waste disposal needs? g. Comply with federal, state, and local statutes and X regulations related to solid waste? Comments: 16.a-g No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 17 17. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Potentially Potentially Significant Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Sources Impact Incorporated Impact Impact a. Does the project have the potential to degrade the quality X of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually X limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current ro'ects, and the effects of probable future projects)? C. Does the project have environmental effects which will X cause substantial adverse effects on human beings, either direct) or indirectly? Comments: 17.a-c No Impact: The proposed Parades and Special Events Ordinance will apply to parades and special events conducted within the public right-of-way and/or City owned properties. This Ordinance outlines requirements and findings for approval or denial of a Special Event Permit, defines the specific authority of the City Manager to impose conditions to mitigate impacts of the special event and defines activities are permitted by right, without the requirement of a City permit as expressive activities under the First Amendment. The proposed Ordinance has been modeled after the City of Long Beach's Parade and Special Events Ordinance that has withstood First Amendment legal challenges and in recent court cases. The proposed Ordinance has been prepared by our City Attorney. Events that require a Special Event Permit will be reviewed individually for potential environmental impacts. 18 18. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a. Earlier analyses used. Identify earlier analyses and state where the are available for review. b. Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed b mitigation measures based on the earlier analysis. C. Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which the address site-specific conditions for the project. Comments: 18.a The City's General Plan, Final Environment Impact Report, Draft Comprehensive General Plan, and Draft EIR were used as a referenced source in preparing this Initial Study. These documents are available for review at the City of Temecula Planning Department located at 43200 Business Park Drive. Previously prepared historical/archaeological studies were used as a referenced source in preparing this Initial Study. These documents are on file with the Eastern Information Center at University of California, Riverside. 18.b Not applicable. 18.c This Initial Study did not identify any "Less than Significant with Mitigation Incorporated," therefore there are no mitigation measures for this project. SOURCES City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 19 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICPIAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY (LONG RANGE PLANNING PROJECT NO. LR08-0046)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 18, 2009 the Planning Commission identified a need to amend the adopted Municipal Code to add a new chapter to the Temecula Municipal Code regarding the parades and special events on public property (Long Range Planning Project No. LR08-0046). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the application and environmental review on March 18, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Long Range Planning Project No. LR08-0046 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Recommendation of Approval. That the City of Temecula Planning Commission hereby recommends that the City Council adopt the addition of Chapter 12.12 to the Temecula Municipal Code entitled Parades and Special Events on Public Property and amending section 17.04.020 A. of the Temecula Municipal Code providing that Chapter 17.04 applies to temporary uses and special events on private property, substantially in the form attached to this resolution as Exhibit A. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Parades and Special Events on Public Property) 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 Ordinance will have no adverse environmental affects because the proposed addition does not allow for additional development to occur or allow for significant adverse changes to the physical environment. Additionally, CEQA Guidelines Section 15301 applies because the proposed ordinance regulates the use and operation of the City's existing public streets and public property for activities without physical change to the public streets and public property. CEQA Guidelines Section 15323 applies because the proposed ordinance regulates the normal parade and special event operations on public streets and public property that have occurred for more than three years in the past and without any physical changes to the public streets or public property. 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 Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR08-0046, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 18th day of March 2009. Stanley Harter, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA } COUNTY OF RIVERSIDE }ss CITY OF TEMECULA } I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 09- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 18th day of March 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary DRAFT: FEBRUARY 16, 2009 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.12 TO THE TEMECULA MUNICIPAL CODE ENTITLED PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY AND AMENDING SECTION 17.04.020 A. OF THE TEMECULA MUNICIPAL CODE PROVIDING THAT CHAPTER 17.04 APPLIES TO TEMPORARY USES AND SPECIAL EVENTS ON PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS Section 1. Chapter 12.12, Parades and Special Events on Public Property, is hereby added to the Temecula Municipal Code to read as follows: "CHAPTER 12.12 PARADES AND SPECIAL EVENTS ON PUBLIC PROPERTY 12.12.010 Definitions. 12.12.020 Special Event Permit--Required. 12.12.030 Exceptions to the Special Event Permit requirement. 12.12.040 Special Event Permit--Application. 12.12.050 Special Event Permit Application fee. 12.12.060 Special Event Permit--Denial or revocation. 12.12.070 Special Event Permit--Term. 12.12.080 Indemnification and Insurance. 12.12.090 Departmental services charge. 12.12. 100 Refunds. 12.12.110 Interfering with activity prohibited. 12.12.120 Penalty for violation. 1 DRAFT: FEBRUARY 16, 2009 12.12.130 Appeals. 12.12.140 Rules and regulations. 12.12.150 Unlawful to use City name without authorization. 12.12.010 Defmitions. As used in this Chapter, the following words shall have then meanings set forth in this Section unless the context clearly requires a different meaning. A. "Block party" means a Special Event in which one or more blocks in a single family residential neighborhood are closed for the purpose of a special event for the persons residing in that neighborhood. B. "City Manager" means the City Manager of the City of Temecula and his/her designee. C. "Departmental services charges" means the actual costs that a department of the City incurs in connection with activities for which a permit is required under this Chapter; including, but not limited to, costs associated with fire safety, traffic and/or pedestrian control, water safety, the closure of streets or intersections, the diverting of traffic, the salaries of City personnel involved in administration or coordination of City services for the event, the cost to the City to provide support personnel, equipment, materials, and supplies, and related City costs such as fringe benefits or employee overtime. Departmental services charges shall not include costs incurred by the City to provide police protection to those engaged in "expressive activity" as that term is defined in this Chapter. D. "Expressive Activity" means conduct, of which the sole or principal object is the expression, dissemination, or communication of opinion, views, or ideas by any means; including, but not limited to, public oratory and the distribution of literature. E. "Event Organizer" means any person who conducts, manages, promotes, organizes, or solicits attendance for a Special Event. F. "Person" means any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, corporation, business trust, or manager, lessee, agent, servant, officer or employee or any of these. G. "Sidewalk" means that portion of a street or highway, other than the roadway, set apart for pedestrian travel by curbs, barriers, markings, or other delineation. 2 DRAFT: FEBRUARY 16, 2009 H. "Special Event" means: 1. Any organized formation, procession, or assembly of persons, animals, vehicles, or any combination thereof, that assembles or travels in unison on any street, sidewalk, or other public right-of-way owned or controlled by the City, State of California or County of Riverside and that does not comply with applicable traffic regulations, laws or controls; or 2. Any organized assemblage of seventy five (75) or more persons at any public place, property or facility that gathers for a common purpose under the direction or control of a person; or 3. Any other organized activity involving seventy five (75) or more persons conducted by a person for a common or collective use, purpose or benefit, which activity involves the use of public property or facilities and which may require the provision of City public services for street blockage, erecting barriers, construction, traffic control, crowd control. 4. Examples of Special Events include, but are not limited to, concerts, parades, circuses, fairs, festivals, block parties, street fairs, community events, mass participation sports (such as marathons and other running events), athletic or sporting events, and community celebrations and observances conducted on public property or public rights of way. "Special Event Permit" means a permit issued pursuant to this Chapter. J. "Spontaneous Event" means any Special Event involving expressive activity that is occasioned by news or affairs coming into public knowledge within five (5) days of Special Event. K. "Street" means a way or place of whatever nature, publicly maintained and open to use of the public for purposes of vehicular travel. Street includes highways or alleys. 12.12.020 Special Event Permit--Required. A. No person shall conduct, cause to be conducted, participate or engage in, hold, manage, permit, or allow another to conduct a Special Event without first having obtained a written Special Event Permit issued by the City Manager. This requirement shall not apply to Special Events sponsored in whole or in part by the City pursuant to a written agreement with the City. B. The City Manager may also approve and permit the sale or use of alcoholic beverages in public areas in connection with a Special Event where it is not expressly prohibited by this code provided that such sale or use shall, at all times, comply with all other applicable provisions of law. Any denial by the City DRAFT: FEBRUARY 16, 2009 Manager of approval for a permit to sell or use alcoholic beverages under this subsection may be appealed as provided in section 12.12.130. C. The City Manager is authorized to issue Special Event Permits pursuant to the procedures established in this Chapter. D. The City Manager may condition any Special Event Permit issued pursuant to this Chapter with reasonable requirements concerning the time, place, or manner of holding such event as is necessary to coordinate multiple uses of public property, assure preservation of public property and public places, prevent dangerous, unlawful or impermissible uses, protect the safety of persons and property and to control vehicular and pedestrian traffic in and around the venue, provided that such requirements shall not be imposed in a manner that will unreasonably restrict expressive or other activity protected by the California or United States Constitutions. Conditions imposed by the City Manager may include, but are not limited to, the following: 1. The establishment of an assembly or disbanding area for a parade or similar event; 2. The accommodation of an event's pedestrian and vehicular traffic, including restricting events to City sidewalks, portions of a City street, or other public right-of-way; 3. Conditions designed to avoid or lessen interference with public safety functions and/or emergency service access; 4. Limiting the number and type of vehicles, animals, or structures to be displayed or used in the event; 5. The inspection and approval by City personnel of stages, booths, floats, structuures, vehicles, or equipment to be used or operated in the event to ensure that such structures or vehicles are safely constructed, can be safely operated, and conform to the requirements of all applicable codes; 6. A cleaning deposit if the event includes using structures, displaying or using horses or other large animals, operation of water stations, food distribution or sales, beverage distribution or sales, and/or sale of other goods or services; The provision and use of traffic cones or barricades; 8. The provision or operation of first aid stations or sanitary facilities, including handicap accessible sanitary facilities; 9. The provision of a waste management plan, and the clean up and restoration of the site of the event; 4 DRAFT: FEBRUARY 16, 2009 10. Limits on the use of sound amplification equipment or restrictions on the amount of noise generated by motors and other equipment used in the course of the event; 11. Provision of reasonable notice of permit conditions to event participants and to those businesses or residents who may be directly affected by the conduct of the event; 12. The provision or use of emergency services; 13. The reasonable designation of alternate sites, times, dates, or modes for exercising expressive activity; 14. The obtaining of any and all business licenses or other necessary permits required by this code for the sale of food, beverage, or other goods or services at the event; and 15. The manner by which alcohol sales and service, if any, shall be conducted at the event. 16. Implementation of a Traffic Control Plan approved pursuant to subsection G. E. Pursuant to Vehicle Code Section 21101(e) and other applicable law, the City Council hereby designates the City Manager as the city employee with authority to temporarily close a portion of any street for celebrations, parades, Special Events, and other purposes when, in the opinion of the City Manager, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. This authority exists whether or not the closure is in connection with a permit issued under this Chapter. F. Issuance of a Special Events Permit pursuant to this Chapter does not obligate or require the City to provide City services, equipment, or personnel in support of an event. The City Manager may nevertheless provide such services, equipment or personnel if such are reasonably available and the event organizer makes provisions to reimburse the City for the cost thereof. G. A Traffic Control Plan shall be required if the Applicant proposes to close or partially close any traffic lanes within a street designated as a "Major Road" by the City of Temecula's General Plan. The Traffic Control Plan shall be submitted by the Applicant and approved by the City Traffic Engineer in accordance with the Public Works Department's Guidelines for Preparation of Traffic Control Plans. 12.12.030 Exceptions to the Special Event Permit requirement. DRAFT: FEBRUARY 16, 2409 A. The following activities are exempt from the Special Event Permit requirement: 1. Funeral processions by a licensed mortuary or funeral home; 2. Activities conducted by a governmental agency acting within the scope of its authority; 3. Events that take place on streets, sidewalks, or other public rights- of-way owned or controlled by the City wherein applicable traffic regulations, laws or controls are complied with; including, but not limited to, lawful picketing 4. Filming activities governed by this code; 5. Spontaneous Events subject to the provisions of subsection B. B. Spontaneous Events 1. Spontaneous Events may be held without a permit or formal notice to the City in public areas not designated for sports activities or otherwise reserved at the following City venues: (1) Duck Pond Park; (2) Ronald Reagan Picnic Shelter; (3) Margarita Community Park. Organizers of a Spontaneous Event are urged to notify the City of the event. 2. If a Spontaneous Event is to be held at any venue other than those listed in subsection B.1 and is reasonably likely to impact traffic or pedestrians on City streets, the organizers thereof shall give written notice to the City Manager at least twenty four (24) hours prior to such parade or assembly. Such written notice shall contain all of the following information: a. The name, address, and telephone number of the event organizer, who shall be considered a permittee for the purposes of this section; b. The name, address, and telephone number of the headquarters of the event organizer and, if an organization is an event organizer, the responsible head of such organization; C. The name, address, and telephone number of the person who will chair the Spontaneous Event and who will be responsible for its conduct; d. The location and date of the proposed Spontaneous Event, including the assembly area, disbanding area, and route to be traveled; 6 DRAFT: FEBRUARY 16, 2009 e. An estimate of the approximate number of persons who will be participating in the Spontaneous Event and an estimate of the approximate number of persons who will be observing the parade or assembly; f. The time at which the Spontaneous Event will start and conclude; and g. The type of security or other arrangements that will be provided to assure that participants are properly directed. 3. The City Manager may impose reasonable time, place, and manner restrictions on Spontaneous Events whether or not said activities are governed by the permit requirements set forth in this Chapter. 4. The City Manager may deny permission to conduct a Spontaneous Event if the City Manager makes a finding requiring denial pursuant to section 12.12.070. a. Such finding by the City Manager shall be made no later than six (6) hours before the scheduled start time for the event. If the City Manager denies permission for a Spontaneous Event, the City Manager shall immediately provide notice of the denial, including the reason or reasons for the denial, by telephone to the event organizer, and shall also provide written notice of the denial including the reason for the denial. If the event organizer provides a fax number for the purpose of receiving notices, the City Manager shall provide written notice of the denial by fax immediately upon making the denial decision. b. In lieu of denial, the City Manager may propose to the event organizer an alternative time, route, venue, or manner of conducting the activity that would be acceptable to the City and that would obviate any finding made pursuant to section 12.12.070. 12.12.040 Special Event Permit--Application. A. The application for a Special Event Permit under this Chapter shall be filed with the City Manager. B. Applications shall be filed not less than sixty (60) calendar days, nor more than one year before the time it is proposed to conduct the Special Event; except for the following: 1. Applications for block parties shall be filed at least ten (10) working days prior to the event. 7 DRAFT: FEBRUARY 16, 2009 2. Applications for Special Events involving expressive activities shall be filed no earlier than one year before the event and no later than the following: a. Ten (10) working days before any event to take place on a street, highway, or thoroughfare. b. Five (5) working days before any event to take place on an alley or other right-of way other than sidewalks. C. Three (3) working days before any event to take place on any sidewalk, park, or other location. C. If an applicant for an event involving an expressive activity or block party desires to ensure the opportunity for an appeal to the City Council in accordance with subsection 12.12.130.A, the application shall be filed with the City Manager not less than thirty (30) calendar days, nor more than one year before the time when it is proposed to conduct the event. Failure to file the application at least thirty (30) days prior to the proposed activity shall be deemed to be a waiver of an appeal to the City council and in that event the decision of the City Manager shall be final and the event organizer or other aggrieved person may file or cause to be filed a petition for writ of mandate in state court regarding the validity of the City Manager's decision to grant or deny the application. D. Each application shall be accompanied by a nonrefundable permit application fee in an amount established from time to time by resolution of the City Council. The City Manager shall have the authority, if good cause is shown and the nature of the application reasonably and feasibly lends itself to expedited processing, to consider, grant, or deny any application filed later than the time prescribed in this section. E. Except as otherwise provided by this Code, the City Manager shall determine whether or not a Special Event Permit application is complete within ten (10) business days. In the case of an event involving expressive activity, the City Manager shall determine whether or not such application is complete within twenty four (24) hours. Notwithstanding the City Manager's acceptance of a completed application, no Special Event date shall be considered confirmed until a Special Event Permit is issued. F. Special Event Permit applications shall be upon a form furnished by or acceptable to the City Manager and shall contain full, complete, and detailed information including, but not limited to, the following: 1. The name, address, and telephone number of the event organizer; 2. A certification that the event organizer shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; DRAFT: FEBRUARY 16, 2409 3. The name, address, and telephone number of the event organizer, if any, and the chief officer of the event organizer; 4. If the Special Event is to be held by, on behalf of, or for any organization other than the event organizer, the event organizer shall file a written communication from such organization: a. Authorizing the event organizer to apply for the Special Event Permit on its behalf; and b. Certifying that the event organizer and its principal shall be financially responsible for any City fees, departmental services charges or costs that may lawfully be imposed for the event; 5. A copy of the tax exemption letter issued for any applicant claiming to be a tax exempt nonprofit organization; 6. A statement of the purpose of the Special Event; 7. A statement of any fees to be charged to participants or spectators in connection with the Special Event; 8. The proposed location of the Special Event including a plot plan depicting the placement of temporary structures or facilities on public property or public rights-of-way; 9. The date and times when the Special Event is to be conducted; 10. The approximate times when assembly for, and disbanding of, the Special Event is to take place; 11. The proposed locations of the assembly or production area; 12. In the case of a parade, marathon, or other similar event, the specific proposed site or route, including a map and written narrative of the route; 13. The proposed location for any disbanding area; 14. Proposed alternate routes, locations, or times, where applicable; 15. The approximate number of persons, animals, or vehicles that will participate in the Special Event; 16. The kinds of animals anticipated to be part of the Special Event; 17. A description of the types of vehicles to be used in the Special Event; 9 DRAFT: FEBRUARY 16, 2409 18. The number of bands or other musical units and the nature of any equipment to be used to produce sounds or noise; 19. Other equipment or services necessary to conduct the Special Event with due regard for participant and public health and safety; 20. The number of persons proposed or required to monitor or facilitate the Special Event and provide spectator or participant control and direction for events using City streets, sidewalks, or facilities; 21. Provisions for first aid or emergency medical services, or both, based upon event risk factors; 22. Insurance information, if applicable; 23. Any special or unusual requirements that may be imposed or created by virtue of the proposed event activity; 24. Any other information reasonably required by the City Manager 12.12.050 Permit application--Fee. A. Except as otherwise provided by this Chapter or other applicable law, rule or regulation any permit fee, application fee, daily fee, and other additional fee (other than departmental services charges) for the use of City streets or other City owned or controlled property pursuant to this Chapter shall be established by the City council by resolution. B. Any indigent natural person who intends to engage in "expressive activity" as defined in this Chapter who cannot apply for a permit because of an inability arising from such indigence to pay the application fee shall not be required to pay the fee. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as is reasonably necessary in the opinion of the City Manager to verify such status. For purposes of this section, "indigent natural person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under section 17000 et seq., of the California Welfare and Institutions Code or as said section(s) is/are amended from time to time. 12.12.060 Permit Approval, denial or revocation. A. Completed applications for a permit authorizing a Special Event shall be denied, approved, or conditionally approved by the City Manager within thirty (30) days after the City Manager determines that the application is complete. 10 DRAFT: FEBRUARY 16, 2409 Completed applications for a permit involving "expressive activity" as defined in this Chapter shall be denied, approved, or conditionally approved by the City Manager within two (2) business days after the City Manager determines that the application is complete. In the case of expressive activity, the City Manager shall promptly attempt to notify the applicant orally, and provide written notification to the applicant as soon as it is reasonably practical to do so. Such notice shall provide detailed facts and reasons for any denial or conditional approval. The City Manager shall consult with the City attorney before denying or conditionally approving a permit involving expressive activity (including all activities wherein the applicant claims or contends that the proposed event involves expressive activity) as that term is defined in this Chapter. B. The City Manager shall issue a permit under this Chapter if the City Manager finds that the following criteria have been met: 1. The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules or regulations; 2. The event will not substantially interrupt the safe and orderly movement of aerial or marine navigation; 3. The event will not substantially interrupt public transportation or other vehicular and pedestrian traffic in the area of its location; 4. The event will not conflict with construction or development in the public right of way or at a public facility; 5. The event will not require the diversion of public safety or other City employees from their normal duties so as to unreasonably reduce adequate levels of service to any other portion of the City; 6. The concentration of persons, animals or vehicles will not unreasonably interfere with the movement of police, fire, ambulance, and other public safety or emergency vehicles on the streets; 7. The event will not unreasonably interfere with any other Special Event for which a permit has already been granted or with the provision of City services in support of other scheduled events or scheduled government functions; 8. The event will not have an unmitigatible adverse impact upon residential or business access and traffic circulation in the same general venue area; 9. The event will not adversely affect the City's ability to reasonably perform municipal functions or furnish City services; 11 DRAFT: FEBRUARY 16, 2009 10. The proposed use, event or activity will not have a significant adverse environmental impact; 11. That in the case of a block party or other similar neighborhood event, the applicants have submitted a petition in favor of the event which has been signed by individuals representing at least sixty six percent (66%) of the households on the block affected by the permit; 12. That the provisions of sections 12.12.080 and 12.12.090, if applicable, have been or will be satisfied. C. The City Manager may deny any application for a Special Event Permit or revoke any such permit if the City Manager finds any of the following: 1. The permitted event or activity will unreasonably disrupt traffic within the City; or 2. The permitted event or activity will unreasonably interfere with access to police or fire stations, or other public safety facilities; or 3. The location of the event or activity will cause undue hardship to adjacent businesses or residents; or 4. The permitted event or activity will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; or 5. The application contains incomplete, false or misleading information; or 6. The City Manager is unable to make all of the relevant findings pursuant to subsection 12.12.040.J; or 7. The applicant fails to comply with all terms of this Chapter including failure to remit all fees and deposits, or fails to provide proof of insurance and/or an indemnification agreement as required by this Chapter; or 8. The event is proposed for a time and place for which another event permit has been or will be issued to a prior applicant; or 9. The proposed area for the assembly or for the set up or dispersal of a parade or demonstration could not physically accommodate the number of participants expected to participate in the assembly, parade or demonstration; or 10. The parade, assembly or demonstration is proposed to take place on the roadway portion of any street in a commercial or retail zone 12 DRAFT: FEBRUARY 16, 2009 between the hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) A.M. or between the hours of four o'clock (4:00) P.M. and six thirty o'clock (6:30) P.M., Monday through Friday, unless the parade, assembly or demonstration will occur on a national holiday; or 11. The parade, assembly or demonstration will violate any federal, state or local law or regulation; or 12. The applicant is legally incompetent to contract or to sue and be sued; or 13. The applicant or the person or entity on whose behalf the application for permit was made has on prior occasions damaged City property and has not paid in full for such damage, or has other outstanding and unpaid debts to the City; or 14. The proposed event would present an unreasonable danger to the health or safety of the applicant, spectators, City employees, or members of the public; or 15. The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale, offering for sale, or distribution of any goods or services. D. In determining whether to approve, deny, or revoke a Special Event Permit for an event involving expressive activity, no consideration may be given to the message of the event, the content of the speech, the identity or associational relationships of the event organizer or its members or affiliates, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of the speech or the message conveyed during the event. E. The City Manager may refer a Special Event Permit application to such appropriate City departments as the City Manager deems necessary from the nature of the application for review, evaluation, investigation, and recommendations by the departments regarding approval or disapproval of the application. F. The City Manager may deny any application for a permit or revoke any permit if the City Manager determines that the event sponsor or any agent, employee or associate of any such event organizer has willfully made any false or misleading statement in an application or has not fully complied with the requirements of this Chapter or has violated any of the provisions of this Chapter or the provisions of any other applicable law, rule or regulation. G. An event organizer whose permit application is denied, or whose permit is revoked, pursuant to this section shall be immediately notified of the action of denial or revocation, which notification shall contain a statement setting forth the reasons for said denial or revocation as well as a reference to the appeal 13 DRAFT: FEBRUARY 16, 2009 provisions set forth in section 12.12.130. Notification, pursuant to this subsection, shall be deemed satisfied when the notice is placed, postage prepaid, in the United States mail, certified mail, return receipt requested, and addressed to the applicant at the address shown on the permit application. 12.12.070 Permit--Term. No Special Event Permit issued under this Chapter shall be for a period of more than two (2) consecutive days except as otherwise provided in this code. Notwithstanding the foregoing, the City Manager shall, upon timely application by a permittee, extend the duration of any Special Event Permit for one additional period of not more than three (3) consecutive days if the City Manager finds that all criteria set forth in subsection 12.12.040.) are being met and will continue to be met during the period of term extension. 12.12.080 Indemnification and Insurance. A. Except as otherwise provided in this section, each permit shall expressly provide that the permittee agrees to defend, protect, indemnify and hold the City, Temecula Community Services District, Redevelopment Agency of the City of Temecula and their officers, employees, volunteers and agents ("Indemnified Parties") free and harmless from and against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted event or activity; and the permit shall expressly provide that the permittee shall, at permittee's own cost, risk and expense, defend any and all claims or legal actions that may be commenced or filed against the Indemnified Parties, and that permittee shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City, its officers, agents or employees as a result of the alleged acts or omissions of permittee or permittee's officers, agents or employees in connection with the uses, events or activities under the permit. B. Except as otherwise provided in this section, concurrent with the issuance of a permit under this Chapter and as a condition precedent to the effectiveness of the permit, the permittee shall procure and maintain in full force and effect during the term of the permit insurance as prescribed in regulations issued by the City Manager. C. If the City Manager determines, after consultation with the City's risk manager and the City attorney, that a particular Special Event does not present a substantial or significant public liability or property damage exposure for the Indemnified Parties, the City Manager shall give a written waiver of the insurance requirements of this section. 14 DRAFT: FEBRUARY 16, 2009 D. With respect to Special Events involving expressive activities, the insurance and indemnification requirements shall exclude losses to the Indemnified Parties caused by: (1) a non-permittee's reaction to the permittee's expressive activities; (2) acts or omissions of the Indemnified Parties; or (3) acts or omissions outside of the reasonable control of the permittee. E. The insurance requirements set forth in this section shall not be construed to apply to Special Events involving expressive activity which enjoy protection under the United States or California constitutions except that such Special Events shall be required to either: (1) agree to indemnify, protect, defend and hold harmless the Indemnified Parties against all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of, or resulting from, the alleged acts or omissions of permittee, its officers, agents or employees in connection with the permitted Special Event; or (2) agree to redesign or reschedule the permitted Special Event to respond to specific risks, hazards, and dangers to the public health and safety identified by the City Manager as being reasonably foreseeable consequences of the permitted Special Event; or (3) provide insurance coverage as required by subsection 12.12.080.13. E. A claim for exclusion and alternative treatment under subsection 12.12.080.13 shall be filed with and at the same time as an application for a Special Event Permit, and an agreement or proof of insurance, as applicable, shall be provided prior to permit issuance. The City Manager may require such proof and documentation as the City Manager deems reasonably necessary to verify the constitutionally protected status of the Special Event and the applicability of subsection 12.12.080.D. 12.12.090 Departmental services charge A. In addition to the payment of the nonrefundable permit application fee or daily fee, a permittee shall pay the City for all City departmental services charges incurred in connection with or due to the permittee's activities under the permit. Additionally, if City property is destroyed or damaged by reason of permittee's Special Event, the permittee shall reimburse the City for the actual replacement or repair cost of the destroyed or damaged property. B. City departments shall submit the final invoices and billings for departmental services charges to the City Manager or no later than twenty (20) business days after the event giving rise to the issuance of a permit. C. The City Manager shall determine the type of Special Event and calculate the final departmental services charge based on whether or not the Special Event is privately funded or is funded in whole or in part by the City in accordance with the following standards: 15 DRAFT: FEBRUARY 16, 2009 1. Type A is an event which is privately sponsored and funded and the permittee will pay one hundred percent (100%) of the applicable fees or departmental services charges; 2. Type B is an event which is cosponsored by the City and the non- city permittee will pay a negotiated portion of the applicable fees or departmental services charges; 3. Type C is an event funded by the City and the City will absorb one hundred percent (100%) of the applicable fees or departmental services charges incurred by the City. D. The City Council shall decide whether the City will cosponsor a Special Event and, if so, the extent to which the City will participate in the funding of the costs of the event, fees, or department service fees based on the following factors: (1) advertisement and promotion of the City in a positive light; (2) encouragement of visitors and customers to the City or to a portion of the City; (3) recreational, cultural and educational opportunities for persons in the City; and (4) and similar public purposes. E. Unless otherwise authorized by the City Manager in writing, at least three (3) days prior to a Special Event Permitted under this Chapter, the applicant shall pay to the City a deposit in an amount sufficient to cover the total estimated City departmental services charges that the City Manager estimates will be incurred in connection with the permit. Said deposit shall be paid in cash or cashier's check or other adequate security as determined by the City Manager. If the deposit is less than the final charges calculated pursuant to section 12.12.090, the permittee shall pay the difference to the City within ten (10) working days of being invoiced for such charges from the City. If the deposit is more than such final charges, the City shall refund the difference to the permittee within the sixty (60) days after the event. F. Any indigent natural person who intends to engage in "expressive activity" as defined in this Chapter who cannot obtain a Special Event Permit because of an inability arising from such indigence to pay the departmental services charge may request the City Manager to recommend an alternative parade, event or activity on a scale and at a time that would result in less costs assessed in accordance with section 12.12.090. If no suitable alternative exists, the City Manager shall waive the departmental services charge. Application for indigent status shall be made at the time of permit application and shall be accompanied by such relevant information and documentation as may, in the opinion of the City Manager, be reasonably necessary to verify such status. For purposes of this subsection 12.12.090.E, "indigent natural Person" includes, but is not limited to, a person eligible for county relief and support as an indigent person under section 17000 et seq., of the California Welfare and Institutions Code or as said code section(s) may be amended from time to time. 16 DRAFT: FEBRUARY 16, 2009 12.12.100 Refunds. If a permittee is unable to hold or conduct a Special Event due to inclement weather or some other cause not within the permittee's control, and the permittee submits a written request for the refund of such fees to the City Manager's office within ten (10) days after the date that the use, event or activity was to have been held or conducted, the City Manager may authorize the refund of the fees or a pro rata portion thereof, except for actual costs incurred by the City at the time of cancellation and the nonrefundable application fees, which have been paid by the permittee to the City in connection with a permit issued under this Chapter. 12.12.110 Interfering with activity prohibited. It is unlawful for any person to obstruct, impede or interfere with any authorized assembly, person, vehicle or animal participating in a Special Event for which a Special Event Permit has been issued. 12.12.120 Penalty for violation. Violation of the provisions of this Chapter may be enforced pursuant to the enforcement provisions set forth in Title 1 of this code. 12.12.130 Appeals. A. Except as provided in this Chapter, any person aggrieved by any decision of the City Manager made pursuant to this Chapter may appeal such decision to the City council by filing a written notice of such appeal with the City clerk within ten (10) business days of the decision of the City Manager giving rise to said appeal. Such appeal shall set forth, with particularity, the facts upon which the appeal is being made. The City council shall, within sixty (60) days of receiving such notice of appeal, hold a hearing. At such hearing, the aggrieved party is entitled to be heard and present evidence on his/her behalf. The City council shall determine the merits of the appeal, and the City council's determination to grant or deny the appeal shall be final. When the necessity for a timely response so requires, the City council may refer to the matter to a hearing officer. B. Alternatively to the provisions of subsection 12.12.040.E, any applicant for a Special Event Permit who is engaging in or intends to engage in "expressive activity" as defined in this Chapter and who is aggrieved by decision of the City 17 DRAFT: FEBRUARY 16, 2009 Manager made pursuant to this Chapter may, at his/her election, appeal to the City council in accordance with this section. However, any appeal taken pursuant to this section may, by necessity, involve the postponement or delay of the activity for which a permit is sought. 12.12.140 Rules and regulations. The City Manager is authorized to promulgate additional policies, rules and regulations that are consistent with and that further the provisions set forth within this Chapter and the provisions of law that pertain to the conduct and operation of a Special Event. 12.12.150 Unlawful to use City name without authorization. It is unlawful for any event organizer to use in the title of the event the words "The City of Temecula" or "City of Temecula", or facsimile of the seal or logo of the City of Temecula without City Council's prior written authorization." Section 2. Section 17.04.020 A. of the Temecula Municipal Code is hereby amended to read as follows: "A. Purpose and Intent. 1. The provisions of this Chapter shall govern special events and temporary uses on private property. Special events on public property shall be governed by Chapter 12.12, Parades and Special Events on Public Property, of the Temecula Municipal Code. 2. The temporary use permit allows for short-term activities, typically less than one year in duration, which may be appropriate when regulated. Some activities associated with a master temporary use permit for automobile and truck dealerships may exceed one year in duration." Section 3. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. 18 DRAFT: FEBRUARY 16, 2409 Section 4. The City Clerk shall certify to the adoption of this ordinance and cause the same to published as required by law. 19 Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: LR08-0046 City of Temecula An amendment to the Temecula Municipal Code by adding Chapter 12.12 entitled Parades and Special Events on Public Property and amending Chapter 17.04 applicable to parades and special events on public property 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 filed in compliance with CEQA Section 15061(b)(3) Christine Damko, (951) 693-3952 City of Temecula, Council Chambers March 18, 2009 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. Any action or proceeding to attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal Code. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing as provided in Chapter 2.36 of the Temecula Municipal Code. Copies of the procedures for the conduct of City Council, Planning Commission, and Planning Director public hearings are available from the City Clerk. If you wish to challenge the above [project] in court, the challenge will be limited to only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice, and must be commenced within the time limit specified in Section 1094.5 and Section 1094.6 of the California Code of Civil Procedure. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 693-3952.