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052009 PC Agenda
In 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 MAY 20, 2009 - 6:00 PM Next in Order: Resolution: 2009-08 CALL TO ORDER: Flag Salute: Commissioner Harter 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 Approve the Minutes of May 6, 2009 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary COMMISSION BUSINESS 3 Long Range Planning Proiect Number LR09-0014, Capital Improvement Program General Plan Consistency RECOMMENDATION: 3.1 Finding of Consistency with the General Plan 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. 4 Planning Application Number PA08-0004, a Conditional Use Permit/Antenna Facility Application for Verizon Wireless to co-locate two additional antenna arrays for a total of three antenna arrays on an existing wireless monopine cell tower, located within a fence enclosure on a 5.9 acre site owned by Rancho California Water District on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road, Betsy Lowrey RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0004, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR VERIZON TO RECONSTRUCT AN EXISTING WIRELESS 68-FOOT CELLULAR MONOPINE AND CO-LOCATE TWO ADDITIONAL ANTENNA ARRAYS FOR A TOTAL OF THREE ANTENNA ARRAYS, REPLACE ALL 53 EXISTING BRANCHES WITH ENHANCED BRANCHES/FOLIAGE AND ADD 37 ADDITIONAL BRANCHES, PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCED ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0149, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR AT&T TO REPLACE AN EXISTING WIRELESS 50-FOOT CELLULAR MONOPOLE WITH A NEWLY CONSTRUCTED AESTHETICALLY ENHANCED 65-FOOT WIRELESS CELLULAR MONOPINE (FAUX PINE TREE), CO-LOCATE AN ADDITIONAL ANTENNA ARRAY FOR A TOTAL OF TWO ANTENNA ARRAYS, AND PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCE AND WALL ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) 6 CONTINUED FROM MAY 6. 2009 MEETING: Lona Range Planning Project Number LR09- 0007, an Ordinance to amend the Temecula Municipal Code to allow the safe, effective (requested by Mayor Edwards), Dale West RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION 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 AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL antenna arrays, located within a wall/fence enclosure on a 5.9 acre site owned by Rancho California Water District on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road. Betsy Lowrey CODE ESTABLISHING CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 17, 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 viewing 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.cityoftemecula.org. ITEM 1 ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 6, 2009 - 6:00 PM Next in Order: Resolution: 2009-07 CALL TO ORDER: Flag Salute: Commissioner Guerriero Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio CONSENT CALENDAR Minutes RECOMMENDATION: 1.1 Approve the Minutes of March 18, 2009 APPROVED 5-0, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL PUBLIC HEARING ITEMS Planning Application Numbers PA08-0276 and PA08-0220, a Minor Conditional Use Permit to authorize The Painted Garden to have live entertainment, garden parties, and a Type-42 ABC license for on-sale beer and wine-public premises, and a Finding of Public Convenience or Necessity for the ABC license, located at 28657 Old Town Front Street, Katie Innes APPROVED 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION 09-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA08-0276 AND PA08-0220, A MINOR CONDITIONAL USE PERMIT TO AUTHORIZE A TYPE-42 ABC LICENSE TO ALLOW FOR THE CONSUMPTION OF BEER AND WINE ON THE PREMISES, TO ALLOW FOR PRIVATE GARDEN PARTIES AND LIVE MUSICAL ENTERTAINMENT AND A FINDING OF PUBLIC CONVENIENCE OR NECESSITY FOR THE TYPE-42 ABC LICENSE LOCATED AT 28657 OLD TOWN FRONT STREET (APN 922-045-025) Long Range Planning Protect Number LR09-0007, an Ordinance to amend the Temecula on site consumption of utility supplied electricity (requested by Mayor Edwards), Dale West CONTINUED TO MAY 20, 2009 5-0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 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 AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE ESTABLISHING CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) REPORTS FROM COMMISSIONERS CITY PLANNER REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, May 20, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Patrick Richardson Chairman City Planner ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, City Planner DATE: May 20, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for April 2009 Date Case No. Proposal Applicant Action April 9, 2009 PA08-0206 Modifications to the Conditions of Gerry Kent APPROVED Approval for the Minor Conditional Use Permit to allow live entertainment and upgrade existing Type-41 ABC license to Type-47 located at 41971 Main Street April 9, 2009 PA07-0129 Minor Conditional Use Permit to Shawna Smoot APPROVED authorize Type-20 and Type-47 ABC licenses located at 40762 Stn Street April 9, 2009 PA09-0026 Minor Conditional Use Permit to James Messina APPROVED authorize recitals, live music, concerts, open microphone and jam session in a 1,200 square foot assembly place within an existing 7,429 square foot building located at 41607 Enterprise Circle North, Suite A April 16, 2009 PA09-0100 First Extension of Time for a Glen Daigle APPROVED Development Plan to construct an 8,642 square foot commercial building on an approximate 1.0 acre lot located at 29742 Rancho California Road Attachment: Action Agendas ACTION AGENDAS ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING APRIL 9, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA08-0206 Project Type: Conditional Use Permit Project Title: Public House MCUP Applicant: Gerry Kent Project Description: Modifications to the Conditions of Approval forthe Minor Conditional Use Permit to allow live entertainment and upgrade existing Type-41 ABC license to a Type-47 Location: 41971 Main Street Environmental Action: CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Project Planner: Cheryl Kitzerow/Matt Peters ACTION: APPROVED Item No. 2 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: Item No. 3 Project Number: Project Type: Project Title: PA07-0129 Minor Conditional Use Permit Temecula Valley Cheese Company MCUP Shawna Smoot Minor Conditional Use Permit to authorize Type-20 and Type-47 ABC licenses 40752 5t" Street CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Katie Innes APPROVED PA09-0026 Minor Conditional Use Permit The Vault MCUP Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: James Messina Minor Conditional Use Permit to authorize recitals, live music, concerts, open microphone and jam sessions in a 1,200 square foot assembly place within an existing 7,429 square foot building 41607 Enterprise Circle North, Suite A CEQA Categorically Exempt per Section 15301, Class 1 Existing Facilities Katie Innes 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 packetwill 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 APRIL 16, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Patrick Richardson, City Planner PUBLIC COMMENTS A total of 15 minutes is provided so members of the public can address the City Planner on items that are not listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the City Planner about an item not listed on the Agenda, a white "Request to Speak" form should be filled out and filed with the City Planner. When you are called to speak, please come forward and state your name and address. Item No. 1 1:30 p.m. Project Number: PA09-0010 Project Type: Extension of Time Project Title: Lyndie Lane EOT Applicant: Glen Daigle Project Description: First Extension of Time for a Development Plan to construct an 8,642 square foot commercial building on an approximate 1.0 acre lot Location: 29742 Rancho California Road Environmental Action: CEQA Categorically Exempt per Section 15332, Class 32 In-Fill Development Project Planner: Dana Schuma 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: May 20, 2009 PREPARED BY: Dale West, Case Planner PROJECT Long Range Planning Project Number LR09-0014 Capital SUMMARY: Improvement Program (CIP) -General Plan Consistency RECOMMENDATION: Staff recommends that the Planning Commission review the 2010- 2014 Capital Improvement Program and make a determination that the projects included in the CIP are consistent with the adopted City General Plan BACKGROUND SUMMARY Section 65403 of State Planning and Zoning Law requires that the Planning Commission review and provide comments to the City Council regarding the conformity of the proposed Capital Improvement Program with the adopted General Plan. The role of the Planning Commission is to review the proposed projects and determine if the projects are consistent with the City's General Plan. The projects within the Capital Improvement Program are divided into four general categories. The categories are: Circulation, Infrastructure, Parks and Recreation, and Redevelopment and Housing. Staff has reviewed the Capital Improvement Program with the Goals and Policies of the of the City's General Plan as part of the consistency review. The following is a summary staff's findings. ANALYSIS Circulation Projects The 2010 to 2014 CIP document contains 27 circulation projects, five of the projects represent maintenance projects, and are not listed below, while 22 of the projects focus on new circulation infrastructure or traffic safety improvements. The Circulation Projects are as follows: • Abbott Corporation Roadway Improvement • Butterfield Stage Road Extension Beltway Project • Citywide Adaptive Traffic Light Synchronization System • Closed Circuit Television Installation on Temecula Parkway and Pechanga Parkway • Flashing Beacons for School Zone Speed Limit Signs • French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements • French Valley Parkway/ Interstate 15 Over-Crossing and Interchange Improvements- Phase 1 • Interstate 15/State Route 79 South Ultimate Interchange • Main Street Bridge Over Murrieta Creek (Replacement) • Meadows Parkway Bike Lane • Medians and Parkways - Citywide • Murrieta Creek Bridge and Overland Drive Extension to Diaz Road • Nicolas Valley Communities Facilities District (Liefer Road) • Pechanga Parkway - Dual Right Turn Lanes from Temecula Parkway • Pechanga Parkway Improvements-Phase II • Road Reconstruction at Jedediah Smith Road • Temecula Creek Crossing for access to Temecula Parkway • Temecula Parkway Striping Modification from Interstate 15 to Pechanga Parkway • Traffic Signal Installation - Citywide • Traffic Signal Interconnect Equipment Installation • Western Bypass Bridge Over Murrieta Creek • Winchester Road/Highway 79 North Corridor Beautification Staff has reviewed the General Plan and has determined that these projects are consistent with the provisions of the Circulation, Growth Management/Public Facilities, and Air Quality Elements of the adopted General Plan. A review of the General Plan did not identify any goals or policies that provided contrary policy direction or that indicated an inconsistency between the Circulation Projects and the adopted General Plan. The specific examples demonstrating consistency are listed below. General Plan Circulation Element Policy 1.1 Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system, including appropriate road width and median transitions when a roadway classification changes. Policy 2.2 Develop a bypass system of roadways on the east, west and south sides of the City to accommodate traffic flow from development outside the City and improve center-of-town traffic conditions. Policy 2.3 Actively pursue improvements to current freeway interchanges within the City and construction of new overpasses as required to achieve performance standards. Policy 3.1 Require proper spacing and interconnect traffic signals where feasible to maximize the smooth progression of traffic flows and to minimize delay and stop- and-go conditions. Policy 6.1 Enforce speed restrictions throughout the City. Policy 6.6 Consider installing traffic calming measures on residential streets when other forms of traffic control have not been successful at reducing traffic speeds. General Plan Growth Management/Public Facilities Element Policy 2.2 Ensure that phasing of public facilities and services occurs in such a way that new development is adequately supported as it develops. General Plan Air Quality Element Policy 3.2 Use transportation systems management techniques to maintain an orderly flow of traffic and improve mobility. Infrastructure Projects The 2010 to 2014 CIP document contains 18 infrastructure projects. Three of the projects represent minor enhancements and repairs, and are not listed below, while 15 of the projects focus on new major community infrastructure. The Infrastructure Projects are as follows: • Citywide Storm Drain Improvements • Civic Center • Fire Station 73 Living Quarters Upgrade • Fire Station Roripaugh Ranch Site • History Museum Expansion • Library Parking Lot Expansion • Murrieta Creek Improvements • Old Town Gymnasium • Old Town Police Substation • Pedestrian/ Bicycle Bridge over Santa Gertrudis to Chaparral High School and City Trail System • Santa Gertrudis Creek Pedestrian/ Bicycle Trail Extension and Interconnect • Teen/Young Adult Center • Temecula City Entry Monument • Temecula Community Center Expansion • Temecula Park and Ride Staff has reviewed the General Plan and has determined that these projects are consistent with provisions of the Circulation, Open Space/Conservation, and Growth Management/Public Facilities, Public Safety, Community Design, and Air Quality Elements of the adopted General Plan. A review of the General Plan did not identify any goals or policies that provided contrary policy direction or that indicated an inconsistency between the Infrastructure Projects and the adopted General Plan. The specific examples demonstrating consistency are listed below. Circulation Element Policy 3.3 Provide a comprehensive system of Class I and/or Class II bicycle lanes to meet the needs of cyclists traveling to and from work and other destinations within the city. Policy 3.5 Encourage the provision of additional regional public transportation services and support facilities, including park-and-ride lots near the 1-15 freeway and within mixed use overlay area and village centers. Policy 5.2 Minimize potential conflicts between off-street bicycle and equestrian trails and automobile cross traffic. 3 Policy 5.4 Provide a comprehensive network of multi-use trails and bikeways between residential areas and commercial/employment activity centers, public institutions, and recreation areas. Policy 5.6 Encourage the provision of facilities that support carpooling and public transportation within the City. Open Space/Conservation Element Policy 2.1 Coordinate with the Riverside County Flood Control District to design flood control improvements that preserve, to the maximum extent feasible, important natural features and resources of the local creeks and riparian forest of the Santa Margarita River. Policy 2.5 Require the use of soil management techniques to reduce erosion, eliminate off- site sedimentation, and prevent other soil-related problems that may adversely affect waterways in the community. Policy 8.1 Provide a Citywide recreation system that connects to the County's regional trail system which provides for bicycling, equestrian, hiking, and jogging trails with appropriate support facilities. Policy 8.5 Develop trails and sidewalks suitable for multiple uses, including for the physically disabled and for personal transportation alternatives. Growth Management/Public Facilities Element Policy 1.7 Guide the timing and provision facilities and services to support development and protect and enhance quality of life. Policy 2.2 Ensure that phasing of public facilities and services occurs in such a way that new development is adequately supported as it develops. Policy 3.4 Coordinate with the County of Riverside to locate and phase new sheriff facilities and fire stations to ensure that adequate service levels are maintained. Policy 5.4 Explore opportunities to expand and provide additional community meting space. Policy 5.5 Encourage provision of cultural facilities within the community, including museums, theaters, arts center, a performing arts center, special exhibitions, an outdoor amphitheater, and public art. Policy 5.7 Provide library facilities and services for educational, cultural, and recreational purposes. Public Safety Element Policy 1.6 Provide and maintain adequate management techniques to lessen the potential for erosion and landslides. Policy 3.1 Ensure adequate facilities and police and fire service personnel are provided in the City. 4 Community Design Element Policy 1.1 Develop a comprehensive system of trails and open space areas connecting schools, public recreation areas, residential areas, and commercial centers. Policy 1.4 Promote community identity by providing specially designed gateway signs and landscape enhancements at the primary entrances to the City. Air Quality Element Policy 3.4 Establish a convenient and efficient system of bicycle routes and pedestrian walkways. Park and Recreation Projects The 2010 to 2014 CIP document contains 16 park, trail, and community facility projects. Three of the 16 projects involve minor repairs or maintenance to existing facilities and are not listed below. The remaining projects focus on park and recreation improvement projects as follows: • Dog Park Areas - Various City Parks • Neighborhood Park Security Lighting • Pala Park Retrofit Tennis Court Lighting • Reclaimed Water Irrigation Retrofit - Various Sites • Redhawk Park Improvements • Ronald Reagan Monument Site Preparation • Ronald Reagan Sports Park North/Smith Field • Roripaugh Ranch Open Space Trail • Sam Hicks Monument Park/Playground Replacement • Santiago/Ynez Park Site Design • Skate Park Drainage Improvements • Vail Ranch Park Improvements • Vail Ranch Park Site D Staff has reviewed the General Plan and has determined that these projects are consistent with provisions of the Circulation, Open Space/Conservation and Community Design, and Air Quality Elements of the adopted General Plan. A review of the General Plan did not identify any goals or policies that provided contrary policy direction or that indicated an inconsistency between the Parks and Recreation Projects and the adopted General Plan. The specific examples demonstrating consistency are listed below. Circulation Element Policy 5.4 Provide a comprehensive network of multi-use trails and bikeways between residential areas and commercial/employment activity center, public institutions, and recreation areas. Open Space/Conservation Element Policy 1.7 Consider the establishment of special use parks for seniors, pets, etc. 5 Policy 8.1 Provide a Citywide recreation system that connects to the County's regional trail system which provides for bicycling, equestrian, hiking, and jogging trails with appropriate support facilities. Policy 8.5 Develop trails and sidewalks suitable for multiple uses, including for the physically disabled and for personal transportation alternatives. Communitv Desian Element Policy 6.4 Promote use of public art in public spaces, specifically open space areas and entry point throughout the City. Policy 2.8 Encourage the use of public art at key intersections, and in public gathering areas to enhance the appearance and character of the community. Air (duality Element Policy 3.4 Establish a convenient and efficient system of bicycle routes and pedestrian walkways. Redevelopment Projects The 2010 to 2014 CIP document contains nine redevelopment projects. The CIP projects focus on affordable housing projects, the continuation of a residential rehabilitation program, and Old Town infrastructure improvements. The redevelopment projects are as follows: • Affordable Housing - Mixed Use • Affordable Housing Projects - Mission Village • Auto Mall Sign • NW RDA Property Grading and NPDES Compliance • Old Town Infrastructure Projects - Mercedes Street, Main Street, and Town Square • Old Town Infrastructure Projects - Parking Structure, Offices and Retail • Old Town Infrastructure Projects - Relocation of Existing Structures/Demolition and Grading • Old Town Sound System Retrofit • Residential Improvement Programs Staff has reviewed the General Plan and has determined that these proejcts are consistent with provisions of the Land Use, Circulation, Housing, Growth Management/Public Facilities, and Economic Development Elements of the adopted General Plan. A review of the General Plan did not identify any goals or policies that provided contrary policy direction or that indicated an inconsistency between the Redevelopment Projects and the adopted General Plan. The specific examples demonstrating consistency are listed below. Land Use Element Policy 7.2 Require preservation and reuse of historic buildings in and around the Old Town area. Circulation Element Policy 7.2 Provide additional parking in Old Town area where feasible through common parking areas or establishment of a parking district. Housing Element Policy 1.2 Encourage residential development that provides a range of housing types in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types. Policy 1.6 Encourage the development of compatible mixed-use projects that promote and enhance the village concept, facilitate the efficient use of public facilities, and support alternative transit options. Policy 2.1 Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provide opportunities to meet the City's fair share of Low and Moderate Income housing. Policy 2.2 Support innovative public, private and non profit efforts in the development of affordable housing, particularly for special needs groups. Policy 4.2 Develop rehabilitation programs that are directed at preserving the integrity of the existing housing stock. Growth Management/Public Facilities Element Policy 9.3 Encourage installation of new technological infrastructure throughout the City including broadband, fiber optics, wireless and other development technologies. Economic Development Element Policy 3.2 Encourage growth or relocation of industries that generate local tax and employment advantages. Policy 6.3 Continue to expand Old Town's role in local tourism and improve it attractiveness, accessibility, and economic vitality, as well as it's interaction with other local attractions. LEGAL NOTICING REQUIREMENTS No legal notice to the public is required for the 2010-2014 Capital Improvement Program. ENVIRONMENTAL DETERMINATION The 2010-2014 Capital Improvement Program is a five-year funding program and is not a project as defined by CEQA. ATTACHMENTS Draft 2010-2014 Capital Improvement Program 7 PROJECT LOCATION Project Title: ABBOTT CORPORATION ROADWAY IMPROVEMENTS a yNv G L~TO S WY VAIL BROOK DR ~YPp D OVERLAND DR m o N p ITT F~ p VIA LA VIDA 9 ~ ~NPW P G~ SF 4~ ~ ti a w ~ w o ~ o a F ~ m o T O ¢ a 'A p N O°¢ X00 dARGARITARD A PROJECT DESCRIPTION Project Title: ABBOTT CORPORATION ROADWAY IMPROVEMENTS PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Circulation Design and construct roadway improvements to improve traffic circulation on Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. Public Works - Account No. 210.165.620 Project will include the improvement of Motor Car Parkway, Ynez Road, Margarita Road, and Solana Way. Project will provide improved access and circulation. PROJECT LOCATION Project Title: BUTTERFIELD STAGE ROAD EXTENSION BELTWkY PROJECT L► T F?JNGS ROAD O ~ ? ~ F ~ ~ UEPE'R R O RO o ~OR3N L00'0~ z w ° n Lu Y I-- 0 Ix O~ rn ¢ w SOUTH LOOP RD m AMS& z N~ ~~'ip ~ c~n a "~1s U~ -J P LLJ q u- ° O L ita w 0 P ~P ARM~~~rq IAIVO~T Old' KAHW EA LA SEREyA wY o d Rp v2 o ~ o PROJECT DESCRIPTION Project Title: BUTTERFIELD STAGE ROAD EXTENSION BELTWAY PROJECT PRIORITY: Project Type: Circulation Description: Complete Butterfield Stage Road from Rancho California. Road to Murrieta Hot Springs Road; Murrieta Hot Springs Road from Butterfield Stage Road to the City limits; and Nicolas Road from Butterfield Stage Road to Calle Girasol, totaling approximately 4.2 miles. Street improvements within the incorporated City limits will include curb, gutter, sidewalks, drainage facility, and streetlights in addition to the pavement. Department: Public Works - Account No. 210.165.723 Scope of Project: Project includes the formation of a community facilities district, acquisition of right-of-way, environmental analysis, design, and construction. The design and construction will include the four lanes on Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road; four lanes on IvIurrieta Hot Springs Road from Butterfield Stage Road to the City limits; and four lanes on Nicolas Road from Butterfield Stage Road to Calle Girasol. Benefit: Project will improve traffic circulation. PROTECT LOC4TIO N Project Title: CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM ~9L (i -A\p NORTE 1 pQ ' j ~ 111 ~N Q q\NY c F Qs 5~~ ~Ag~ ~NGy\O O ~~~R R y ~v DDR DEL \ YAD AD ~pe4LA N ~O{Q SOLANA WY \ / pC ` \ PPU$p 4~ O4` C Sp \ 1 r / p~CH AL! ORN~A~n % l \ q c \ SiNFSS GNDv1s, ~ Q C R0 ` G p N TT ` OHO A DE PORTOLA D GE Oy ~YhAGORD ~1 q le N \ o CFO ~ -P NCyp~y ~ 4 > \ c~ 4p r PROJECT DESCRIPTION Project Title: CITYWIDE ADAPTIVE TRAFFIC LIGHT SYNCHRONIZATION SYSTEM PRIORITY: Project Type: Circulation Description: Implement an adaptive traffic signal synchronization system along seven transportation corridors. Department: Public Works - Account No. 210.165.501 Scope of Project: Purchase, install, and implement an adaptive traffic signal synchronization system along designated segments of Winchester Road, Rancho California Road, Temecula Parkway, Margarita Road, Jefferson Avenue, and Ynez Road to continually analyze and evaluate traffic data and select the most appropriate traffic signal timing for the condition. Benefit: Project will improve traffic safety, operations, and capacity by minimizing traffic delays and reducing congestion. PROTECT LOC4TIO N Project Title: CLOSED CIRCUIT TELEATSION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PECHANGA PARKWAY N A PROJECT DESCRIPTION Project Title: CLOSED CIRCUIT TELEVISION (CCTV) INSTALLATION ON TEMECULA PARKWAY AND PRIORITY: PECHANGA PARKWAY Project Type: Circulation Description: Design and install fiber-optic cable in existing conduit on Temecula Parkway and Pechanga Parkway. Install closed circuit television cameras at six intersections to monitor traffic flow and adjust traffic signal timing. Department: Public Works - Account No. 210.165.635 Scope of Project: Design and install fiber-optic cable in existing conduit on Temecula Parkway from Old Town Front Street to Butterfield Stage Road. First year funding allows for the installation of infrastructure and CCTV cameras at major intersections on Temecula. Parkway and Pechanga Parkway. Additional funds will be required for fiscal year 2010-11 to install cameras on the remainder of the project to maximize the overall efficiency of the system. Benefit: Provides monitoring of highway and intersection operations at several key locations in the southern portion of the City. PROJECT LOCATION Project Ti tie: FLASHING BEACONS PROJECT DESCRIPTION Project Title: FLASHING BEACONS PRIORITY: 1 Project Type: Description: Department: Scope of Project: Circulation Install flashing beacons including solar powered panels, chargeable batteries, and programmable timers to advise motorists of the school zone and reinforce the posted speed limit of twenty-five miles per hour when students are present. Public VG'orks - Account No. 210.165.670 Install flashing school zone beacons as the school district improves new school sites. Benefit: Project will improve traffic safety at the new school sites. PROJECT LOCATION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS 0 Co O uJ LL cr O,G 0~ g > -4L GO ~ ~~Ca ~ Ca\~ ~RUITyD,q ti9 a~ T elf o ~~~~N pR tiQ~i ~ ~w P ~o a° e~ o~V ~o `gyp 2 N b~qZ RD Q~\5E GIR NO OVERLAND R PROJECT DESCRIPTION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE PRIORITY. I IMPROVEMENTS Project Type: Circulation Description: Study, process, design, and construct a bridge over-crossing over Interstate-15 from Jefferson Avenue to Ynez Road and construct a new freeway interchange. Project will consist of designing a new interchange to address traffic circulation in the City's northern areas. Department: Public Works - Account No. 210.165.726 Scope of Project: Project will consist of designing and constructing a freeway over-crossing over Interstate-15 and construct a new freeway interchange. Project would also include curb and gutters, pavement, sidewalks, and new traffic signals. Benefit: Project will improve traffic circulation. PROJECT LOCATION Project Title: FRENCH VALLEY PARKWAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE IMPROVEMENTS - PHASE I 0 Co O uJ LL cr O,G 0~ g > -4L GO ~ ~~Ca ~ Ca\~ ~RUITyD,q ti9 a~ T elf o ~~~~N pR tiQ~i ~ ~w P ~o a° e~ o~V ~o `gyp 2 N b~qZ RD Q~\5E GIR NO OVERLAND R PROJECT DESCRIPTION Project Title: FRENCH VALLEY PARK-vVAY / INTERSTATE-15 OVER-CROSSING AND INTERCHANGE PRIORITY: IMPROVEMENTS - PHASE I Project Type: Circulation Description' Project will construct portions of the French Valley Parkway / Interstate-15 over-crossing and interchange improvements (Project No. PW02-11) which include adding a new southbound off-ramp from Interstate-15 to French Valley Parkway, constructing the northern half of French Valley Parkway from the off-ramp to Jefferson Avenue, widening of the existing southbound off-ramp from Interstate-15 to Winchester, and constructing a new auxiliary lane between French Valley Parkway and the Winchester Road southbound off-ramp. This project is included in the RTIP as "French Valley Pkwy (FVP) - Phase 1: Design and construct FVP (I-15 - Jefferson), SB exit ramp (1 LN), SB aux lane (FVP - Winchester Rd) & widen Winchester SB exit ramp (1 to 2)." Department: Public Works - Account No. 210.165.719 Scope of Project: Project will include design, right-of-way, utility relocation, and construction activities. Project requires oversight by Caltrans and coordination with the City of Murrieta. It will be designed to compliment the ultimate interchange project (Project No. PW02-11). Other features include permanent and temporary retaining walls, erosion control and irrigation, and a new traffic signal and roadway improvements at the intersection of French Valley Parkway and Jefferson Avenue. Benefit: Project will improve traffic circulation. PROJECT LOCATION Project Title: INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE O ~Q L LITA RD o Sp,N-~~A~' ~ o F J d ~ Z a ~Q VIA HQ ° RCq Cq$to~ oc~~ I ~Q yNEZ ~,C •J VALLEJO N AV A Q~C C Ciyq~ IV QKZ GELINE Cr ~0 N GPM1Np ~gTF~~BQ ~Q9 PROJECT DESCRIPTION Project Title: INTERSTATE-15 / STATE ROUTE 79 SOUTH ULTIMATE INTERCHANGE PRIORITY: Project Type: Circulation Description: Construct a ramp system that will improve access to Interstate-15 from Temecula Parkway/State Route 79 South to accommodate traffic generated by future development of the City's General Plan land use and regional traffic volume increases forecast for the year 2025. The project is needed because projected traffic volume increases will exceed the capacity of the existing interchange improvements constructed by Riverside County Transportation Department in 1998. Department: Public Works - Account No. 210.165.662 Scope of Project: Project will include the right-of-way acquisition, design, and construction of an improved interchange system. Benefit: Project will improve circulation, freeway access and level of service at the Interstate-15 and Temecula Parkway/State Route 79 South intersection. PROJECT LOCATION Project Title: MAIN STREET BRIDGE OVER NIURRIETA CREEK (REPLACEMENT) G O 9V P P RIDGE PARK DR O 0 c- ao l G O N Na o a PROJECT DESCRIPTION Project Title: MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PRIORITY: 11 Project Type: Description: Department: Scope of Project: Benefit: Circulation Replace the existing Main Street Bridge with a new bridge meeting current safety standards and compatible with both the City's circulation element and the planned 1\/Iurrieta Creek Improvement Project. Public Works - Account No. 210.165.743 Project will include the design and construction of a bridge and approach roadways to include bridge removal, pavement, curb and gutter, sidewalk and storm drain facilities, environmental studies and mitigation. Project will improve traffic safety and circulation. New bridge would meet the United States Army Corps of Engineer's (USAGE) Creek Improvement Project needs and cost would count toward City contribution to the USACE Project. PROJECT LOCATION Project Ti tie: MEADOWS PARKWAY BIKE LANE PROJECT DESCRIPTION Project Title: MEADONYS PARKWAY BIKE LANE PRIORITY: 1 Project Type: Description: Department: Scope of Project: Circulation Widen Meadows Park-way to the west between McCabe Drive and Pauba Road. The widened roadway will accommodate a Class II (on the street) bicycle lane for southbound bicyclists. Public VG'orks - Account No. 210.165.502 The project will consist of designing and constructing a six-foot widened section of Meadows Parkway including pavement, curb and gutter, utility adjustment or relocation, twelve-foot meandering sidewalk, landscaping, irrigation, striping, and signing. Benefit: The project will improve safety and opporutnity for non-motorized travel. PROJECT LOCATION Project Ti tie: MEDIANS AND PARKWAYS- CITYWIDE PROJECT DESCRIPTION Project Title: MEDIANS AND P ARKNA AYS - CITYN11DE PRIORITY: 11 Project Type: Description: Department: Scope of Project: Circulation Project will complete the missing portions of the raised landscaped median island on Jefferson Avenue between Del Rio Road to 600 feet north of Rancho California Road, and on Rancho California Road between Moraga Road to Lyndie Lane. Public VG'orks - Account No. 210.165.622 Construct or provide credits for the construction of raised landscaped median islands pursuant to the Conditions of Approval. Benefit: Project will improve traffic circulation. PROJECT LOCATION Project Title: MURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD pR 6iN VAILBW~ O✓FRl1N~ oR ~ 4T ~J ~p AQ-k un in vr~ sr ~s o ~ m m o- ~ wro y~P s¢d rB'~ ~Y~'e( N L m Np3~ N ~ so E rowEaR ~ r ~s PROJECT DESCRIPTION Project Title: NIURRIETA CREEK BRIDGE AND OVERLAND DRIVE EXTENSION TO DIAZ ROAD PRIORITY: 1 Project Type: Circulation Description: Design and construct a new bridge crossing over IVlurrieta Creek between Rancho California Road and Winchester Road, including acquisition of right-of-way and the installation of a new signal at Diaz Road. Department: Public Works - Account No. 210.165.602 Scope of Project: Project will include studying suitable locations for a new crossing, environmental studies, mitigation, new Diaz Road traffic signal and construction. Benefit: Project will improve traffic circulation and access to Overland Drive freeway over-crossing. PROJECT LOCATION Project Title: NICOLAS VALLEY - COMMUNITY FACILITIES DISTRICT (LIEFER ROAD) 2T P9 w y ~ S UA4A f eR~/ ~ c¢n ` ~o o J y 13RUbH MURRIE Tq HOT SPRI NGS RD a z 0 O CAMINO CIELO a ~ GRF~ y 'mm ~ Q U z o x vi ~ o o A { ~ z m d z cr LIEFER RD ti co a o ro Q w_ LL ❑ c ca ❑ NORTH LOO ❑ rwj ul w z z p w m ui w m SOUTH LOOP RD N ro n y c~ ~ O n O A s ti PROJECT DESCRIPTION Project Title: NICOLAS VALLEY - COMMUNITY FACILITIES DISTRICT (LIEFER ROAD) PRIORITY: 11 Project Type: Circulation Description: Complete street and minor storm drain improvements on the unimproved portions at certain streets within Nicolas Valley (Liefer Road area). Department: Public Works - Account No. 210.165.504 Scope of Project: Project will study district feasibility and formation, if supported, formalization of right-of-way dedications, environmental analysis, design and construction of unimproved roads to allow for acceptance into the City system of maintained streets. Benefit: Project will eliminate dirt roads, reduce maintenance, and improve local circulation. PROJECT LOCATION Project Ti tie: PAVEMENT REHABILITATION PROGRAM- CITYWIDE PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: PAVEMENT REHABILITATION PROGRAM- CITYWIDE PRIORITY: 1 Benefit: Circulation Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies. Public Works - Account No. 210.165.655 Project will include the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets. Project will improve the quality of City roadways. PROJECT LOCATION Project Title: PAVEMENT REHABILITATION - DE PORTOLA ROAD RFC 00 ~q .off F~Fq~,op ~<GCFR Q\oo Opp c QUO r 7 m R~ o\PNSM~tN z Na CEO m ~ Rid o y vo 40 a~F o~QO~~O P~~ p o Q ~ ~NGNOPUEB`oRD GV~PARKWAY YNEZ RD TEME O 2 a P~ m2 LARD vk R10'(EMEG N A N PROJECT DESCRIPTION Project Title: PAVEMENT REHABILITATION - DE PORTOLA ROAD PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Circulation Project will rehabilitate De Portola Road between Jedediah Smith Road and Margarita Road. Approximately 6,400 lineal feet of roadway, or 256,400 square feet of pavement. Public Works - Account No. 210.165.656 Project will include the environmental processing (federal clearance required), design and rehabilitation. Project will improve the quality and extend the service life of De Portola Road. PROJECT LOCATION Project Ti tie: PAVEMENT REHABILITATION- STPL PROJECT PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: PAVEMENT REHABILITATION- STPL PROJECT PRIORITY: 1 Benefit: Circulation Using computer-assisted methodology, develop and implement cost-effective pavement maintenance treatments and strategies. Public Works -Account No. 214.165.657 Project will include the environmental processing (federal clearance required), design, and rehabilitation of segments of Rancho California Road that qualify for federal funding. Project will improve the quality of City roadways. PROTECT LOC4TIO N Project Title: PECHANGA PARKWA17 - DUAL RIGHT TURN LANES FROM TEMECULA PARKWAY 41 RD cn --,L~- A PROJECT DESCRIPTION Project Title: PECHANGA PARKWAY - DUAL RIGHT TURN LANES FROM TEMECULA PARKWAY PRIORITY: 1 Project Type: Circulation Description: Construction of dual right turn lanes on eastbound Temecula Parkway to southbound Pechanga Parkway. Department: Public Works - Account No. 210.165.637 Scope of Project: Project will require the right-of-way purchase and the construction of dual right turn lanes on eastbound Temecula Parkway to southbound Pechanga Parkway. Benefit: Project will ease traffic congestion on eastbound Temecula Parkway at Pechanga Parkway. PROJECT LOCATION Project Title: PECHANGA PARKWAY IMPROVEMENTS - PHASE II Mfi2 0 RO p, T% P DE PO VALLEJO AV y'gly L 7EMEGULP"? kp~r ~~N O Lp F,ya y1NpAP.D ~ O~P 0 y U A OR W T ~~~OG~ V I Sp4 - O 4 ! C \ rt N ,Oz I m e ~ r A \9d'b dr y N m D Y~ A O O~~ PROJECT DESCRIPTION Project Title: PECHANGA PARKNVAV IMPRON'EMENTS - PHASE II PRIORITY: I Project Type: Description: Department: Scope of Project: Benefit: Circulation Design and construct full-width street improvements of Pechanga Parkway from Temecula Parkway to Pechanga Road. Full width is 134 feet from Temecula Parkway to Via Gilberto, and 110 feet from Via Gilberto to Pechanga Road. Public Works - Account No. 210.165.668 Project will include the design, acquisition, environmental studies, mitigation, and construction of road improvements to include curb, gutters, sound wall, and storm drain facilities from Deer Hollow Way to Temecula Creek. Project will improve traffic circulation. PROTECT LOC.ATIO N Project Title: ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD PROJECT DESCRIPTION Project Title: ROAD AND STORM DRAIN REPAIR AT RANCHO CALIFORNIA ROAD PRIORITY: 1 Project Type: Description: Department: Scope of Project: Circulation Project will replace approximately 110 feet of aging corrugated metal pipe under Rancho California Road, east of Hope Drive, with reinforced concrete pipe, and reconstruct that portion of the roadway. Public NL orks Project will include environmental processing, design, and reconstruction of the roadway segment affected by the failing drainage pipe. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. PROJECT LOCATION Project Title: ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD N PROJECT DESCRIPTION Project Title: ROAD RECONSTRUCTION AT JEDEDIAH SMITH ROAD PRIORITY: I Project Type: Description: Department: Scope of Project: Benefit: Circulation Project will rebuild 28 feet of roadway striping and asphalt berms at Jedediah Smith Road between Temecula Parkway and Cabrillo. Public Works Project will include environmental processing, design, and reconstruction of the road segment. Project will improve the quality and extend the service life of Jedediah Road. PROJECT LOCATION Project Title: SLURRY SEAL AT PALOMA DEL SOL AND TEMEKU HILLS 'f IAGO PROJECT DESCRIPTION Project Title: SLURRY SEAL AT PALOALk DEL SOL AND TEMEKU HILLS PRIORITY: I Project Type: Description: Department: Scope of Project: Benefit: Circulation Slurry seal to specific streets within the Paloma Del Sol and Temeku Hills development as identified in the Proposition 113 Application. Public Works Project will include environmental processing, design, and rehabilitation. Project will improve the quality and extend the service life of the roadways. PROTECT LOC4TIO N Project Title: TEMECULA CREEK CROSSING FOR ACCESS TO TEMECULA PARKWAY .a 2 ~¢o W Rp D~ YNEZRp ~ ~Fp VALLE,10,gV U) WPB Q w m A~ cy ~ yM 0 z~ N PROJECT DESCRIPTION Project Title: TEMECULA CREEK CROSSING FOR ACCESS TO TEMECULA PARKWAY PRIORITY: II Project Type: Circulation Description: Design and construct a new bridge crossing over Temecula Creek in the vicinity of Avenida de IvEssiones. Department: Public Works - Account No. 210.165.677 Scope of Project: Project will include studying a suitable location for a new crossing, environmental studies, mitigation, right-of-way acquisition, as well as the design and construction of a new approach roadway and bridge. Benefit: Project will improve traffic circulation in the southwest portion of the City. PROJECT LOCATION Project Title: TEIITECULA PARK-NA AY STRIPING MODIFICATION FROM INTERSTATE-15 TO PECHANGA PARKAA'AY PROJECT DESCRIPTION Project Title: TEMECULA PARKWAY STRIPING MODIFICATION FROM INTERSTATE-15 TO PECHANGA PRIORITY: P ARKIA AY Project Type: Circulation Description: Project will re-stripe Temecula Parkway from Interstate-15 to Pechanga Parkway from six lanes to eight lanes. Department: Public Works - Account No. 210.165.676 Scope of Project: Project will include removing the existing striping on Temecula Parkway from Interstate-15 to Pechanga Parkway and re-striping it to accommodate eight lanes of through traffic -four in each direction. The current width of Temecula Parkway from Interstate-15 to Pechanga Parkway will accommodate the new striping. No widening of the existing road is necessary. Benefit: The re-striping will increase traffic circulation. PROJECT LOCATION Project Ti tie: TENIECULA SIGNAL INSTALLATION - CITYWIDE PROJECT DESCRIPTION Project Title: TRAFFIC SIGNAL INSTALLATION - CITYWIDE PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Circulation Install traffic signals at various locations throughout the City including, traffic signal upgrades on Winchester Road and Temecula. Parkway, and Redhawk annexation area. Public Works Project will include the design and construction of traffic signals throughout the City. Project will improve traffic safety and circulation throughout the City. PROJECT LOCATION Project Title: TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION CH CHILLC 2 ~O G~ PRE)t~ ESONO p2Pp.\ ~Q GP O LO VALLE DR p L K P ~7 P RANCHO CALIFORNIARO D P )p CORTE MON EL fie' )5AP p m llm CRY 51 p1• PJ ~ '(PL~E~ pQ-~~.OJ 9A S~ S CO m A ,T< pNZP OFE(E CORTETU RP1 i~ P~ AttP ~~pe>, sM.coP NOPp'O ao GCAII RR K~ O O COR P S H p G O U w A RtE P w 9 F N G APGG 4~ AOENAST OO CERRITO OWYOY` l GPI ORRE~~ ~~z o~ e' SF F~9A ~ J1P~E>s GP Pt o V ONDA PL O~ (7 ~ y p T ICACT a M)NO MO P'G~P m MOONTIDE CT GP G aP A A J Qv o i RANCHO VISTPR PV$pRp 9! y/AgLhq pGP" GPI O 1PG~ m A! Q ~WMOIA 9A y n L E 1 )U-p A VILLA ALT(/~S tn` OPGPRR O ?~~P O~ `~F` O~S,PR~ o pR p Q O 2p icgy ~ Aa A p p D ¢ D PAUBA ~ N Sr y~ O v ~ G m ti O p 9 9~ D [Ay N C) W m o f rERO sr w P ' `s' ~ p D e A ¢O v G'C O~.~P d p ~).P z F 9 A 5 w RIE RAE LN ARR/SA > < GRP~J\VV m O ~O~O p m IA COR O D o ~ GP p c ~ Q-V M ~O w pFF AFLO E n ANTIO A/jlPp PL O PyVE ¢ 9 Nq W) O O O~ '\tc RTF grgF %A ~~y A \ z OLITA RD ~ 2 S,9 q< y 0 r os ~ S 2~ e1' CL 3 ~ ~ F ~P T pBEJA m y y N VP1.VE)OP, G ON OR u W PESCgOOO A9s pREZ A F Q 'P ?y O y/O p 1 1(-- ~O U~ 1 PROJECT DESCRIPTION Project Title: TRAFFIC SIGNAL INTERCONNECT EQUIPMENT INSTALLATION PRIORITY: 1 Project Type: Circulation Description: Install traffic signal interconnect conduit and cable. Department: Public Works - Account No. 210.165.712 Scope of Project: Project will consist of installing signal interconnect conduit and cable on various roadways to connect additional signals and complete missing links. Benefit: Project will improve circulation by connecting several existing and future signals to the existing signal system. PROJECT LOCATION Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK 1 SANTIAGO RD ~ o { ~ coo N~ ° sT z 0 'pp vp 9 '9L r~ N ~ pkr Q~, n s N PROJECT DESCRIPTION Project Title: WESTERN BYPASS BRIDGE OVER MURRIETA CREEK PRIORITY: Project Type: Circulation Description: The City will construct a new bridge crossing Murrieta Creek at the Western Bypass / Temecula Parkway. Department: Public Works - Account No. 210.165.660 Scope of Project: Project includes finalizing and updating the existing bridge design, constructing the bridge, the approaches roadways, curb and gutters sidewalk, storm drain facilities, enviromnental studies and mitigation. Completed project will tie southern leg of Western Bypass. Benefit: Project will improve traffic safety and circulation. New bridge will meet Army Corps of Engineers (ACOE) Murrieta Creek Improvement Project needs. PROTECT LOC4TIO N Project Title: WINCHESTER ROAD/HIGMATAY 79 NORTH CORRIDOR BEAUTIFICATION 1O Promenade Mail PROJECT DESCRIPTION Project Title: WINCHESTER RO ADIHIGH-VVAY 79 NORTH CORRIDOR BEAUTIFICATION PRIORITY: i Project Type: Circulation Description: Improve existing raised concrete median along Winchester Road with landscaping, hardscape, irrigation, and architectural embellishments. In addition, left turn pockets will be extended. The scope of the project will be reduced to compete with the approved funding. Department: Public Works - Account No. 210.165.638 Scope of Project: Winchester Road/Highway 79 North from Interstate-15 at Ynez Road to City limits south of Willows Avenue. Benefit: Project will enhance the corridor. PROJECT LOCATION Project Ti tie: CITYWIDE STORM DRAIN IMPROVEMENTS PROJECT DESCRIPTION Project Title: CITYWIDE STORM DRAIN INIPROVEMENTS PRIORITY: 1 Project Type: Infrastructure Description: Design and construct storm drain improvements to correct intersection and street flooding at various locations. Department: Public Works - Account No. 210.165.715 Scope of Project: Project will focus on improvements that would correct flooding problems on several streets that flood during each storm event. Benefit: Project will improve safety and circulation while maintaining the integrity of the streets during inclement weather. PROTECT LOC4TIO N Project Title: CIVIC CENTER A PROJECT DESCRIPTION Project Title: CIVIC CENTER PRIORITY: I Project Type: Description: Department: Scope of Project: Benefit: Infrastructure Project will construct an approximately 93,000 square-foot, three-story City administration building and Council Chambers, along with a 3,500 square-foot Community Room. The project will be located near the intersection of Mercedes Street and Main Street in Old Town. Planning/Public Works - 210.165.751 Project will include design and construction of a three-story City Administration Building, Council Chambers, and Community Room on City owned parcels located east of Mercedes Street and Main Street. Project will continue to promote the revitalization of Old Town and provide a permanent facility for administrative staff through build-out. PROJECT LOCATION Project Title: EROSION CONTROL MEASURES FOR THE ACCESS ROAD ON MARGARITA ROAD AT LONG CANYON Y n p V kr= O ' J ~ GO ~d frC~ z ~ 2 o a ~PY~ ~Q '91i~. 2 ~G ~qw ~j©q O t2 a~w~' ~ ~F< s rn AILSROOK DE.L RAY Rte O x,05 4J ~R o MONTEVERb,~ O ~ NICOLE LN N GPI R~ VIA La1tlDq CO ~x0 L q CORECAR F-- PROJECT DESCRIPTION Project Title: EROSION CONTROL MEASURES FOR THE ACCESS ROAD ON MARGARITA ROAD AT PRIORITY: II LONG CANYON Project Type: Infrastructure Description: The project will design and construct slope protection and erosion control measures along the access road between the desilting basin and the down stream detention basin, which serves as a weir and frequently washes out and becomes impassable during storm events. Department: Public Works - Account No. 210.165.746 Scope of Project: Project will install concrete cut-off walls, slope paving and riprap. Benefit: Project will maintain the integrity of the road and eliminate the depositing of silt into the environmental creation area downstream of the road. PROTECT LOC4TIOV Project Title: FIRE STATION 73 LIVING QUARTERS UPGRADE PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: FIRE STATION 73 LIVING QUARTERS UPGRADE PRIORITY: 11 Benefit: Infrastructure Increase living, sleeping and bathroom space to properly accommodate the number of staff working and living at the facility. Fire Project will be phased as to not interrupt functionality of current station. Will add two restroom/shower facilities and larger sleeping quarters. Living space will be expanded. Health and safety benefit for the large number of personnel assigned to Fire Station 73. PROJECT LOCATION Project Title: FIRE STATION RORIPAUGH RANCH SITE L ~ 1 1 I 1 1 - U LIEFER RD v~ tQ w NO LOOP RO N c~ J W Q LL m 9 U r SOUTH LOOP RD rn m Z o ~lsTq 0 O aN~~ N v►STA _v M A PROJECT DESCRIPTION Project Title: FIRE STATION RORIPAUGH RANCH SITE PRIORITY: 1 Project Type: Infrastructure Description: Acquire, design, and construct a City Fire Station at the intersection of Butterfield Stage Road and Calle Chapos. Department: City Fire Services/Riverside County Fire Department - Account No. 210.165.741 Scope of Project: Project will include the acquisition, design, and construction of a fire station. Benefit: Project will provide fire protection and enhance response time to the northeast portion of the City. PROJECT LOCATION Project Title: HISTORY MUSEUM EXPANSION P GP~~ Gv'. Y RQ 6 N e q y ~ G 0 N scy °~R o a Z OP d LE OAK DR 50 ~~9 C?NaN D F G ~ A p" RAq~~,HO f 96m ~P N AO RO AV~A e Or d- 9 RIDGE PARK DR P Q? G V ~ C~ j C '7, ~ :S A SS ~.c <<F G ✓ z,Q y O~s r SF'Cp 0 i RRiro .t 0 'd SANT4AGO R G K PROJECT DESCRIPTION Project Title: HISTORY MUSEUM EXPANSION PRIORITY: III Project Type: Infrastructure Description: Add an additional 3,000 square feet to the existing History Museum. Department: Community Services Scope of Project: Construct additional square feet of exhibit space to the existing History Museum. Benefit: The proposed space will be used to house an extensive local history display and accommodate traveling exhibits. PROTECT LOC4TIO N Project Title: LIBRAR17PARICNG LOT EXPANSION 'ANCHO RD N PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: Benefit: LIBRARY PARKING LOT EXPANSION PRIORITY: 1 Infrastructure Expand the existing parking lot of the Temecula Public Library to the west to accommodate approximately 40 more spaces. Community Services / Public Works Project will include the design and construction of the expansion of the existing library parking lot. Project will provide additional parking for library patrons, meetings and special programs. PROTECT LOC4TIOV Project Title: NTURRIETA CREEK IMPROVEMENTS P~ pQ` P G p -low O~ ~O FP~G CO e- L Nr~R NSF o~''Li~'A ~p O O O .Q PROJECT DESCRIPTION Project Title: NIURRIETA CREEK IMPROVEMENTS PRIORITY: Project Type: Infrastructure Description: This project will provide for the City's share of the design of the proposed United States Army Corps of Engineers / Riverside County Flood Control h'Iurrieta Creek Improvements. Department: Public Works - Account No. 210.165.735 Scope of Project: Project will include the design of proposed United States Army Corps of Engineers / Riverside County Flood Control improvements to Murrieta Creek within the City limits. The design money allocated represents a portion of the City's share for the project. Benefit: Project will help prevent flooding of Old Town Temecula. PROJECT LOCATION Project Title: OLD TOWN GYMNASIUM EZ A~VE f=ELIX VALD r~ m Y PO O QPUgPR, eU C d ~ T o ~ RIDGE PARK DR QyQe' 0 ~C F~ g m~ c ~4 q ~ Gp`o ~YqC/O G✓CC o S S~ T VfAS RRf7Tp C U ~ SANTIAGO R O CR~~hO a p~ JE Epp P Ggp~~C ~ C N N Q~ F PROJECT DESCRIPTION Project Title: OLD TO«%N GYMNASIUM PRIORITY: 11 Project Type: Description: Department: Scope of Project: Benefit: Infrastructure Design and construct an 5,500 square foot gymnasium to be located adjacent to the Boys & Girls Club. Project may be done in two phases depending upon timing of funding. Phase I to include parking lot, underground utilities, and foundation. Community Services - Account No. 210.190.156 Design and construct a gymnasium that will include a full-sized basketball court, bleacher seating for approximately 200 spectators, restrooms, storage, and a small office. Project will provide additional recreational facilities for City residents and with a joint-use agreement, this facility will provide additional activities for the Boys & Girls Club, which is located adjacent to the gym site. PROJECT LOCATION Project Ti tie: OLD TOWN POLICE SUBSTATION PROJECT DESCRIPTION Project Title: OLD TOWN POLICE SUBSTATION PRIORITY: I Project Type: Infrastructure Description: This project will provide a new location for the City's police substation in the new Old Town Parking Garage. Department: Public Works - Account No. 210.165. Scope of Project: Project will consist of designing and construction of necessary tenant improvements to a portion of the office space fronting the Old Town Parkig Garage. Benefit: Project will continue to promote the revitablization of Old Town and provide a permanent facility for the police near the Old Town Civic Center. PROJECT LOCATION Project Title: PEDESTRLANIBICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHaP_ARRAL HIGH SCHOOLAND CITY TRAIL SYSTEl1I / O~ OT Y aG~ /F~isT Oy ~ ~~P O~ = O o ~O 2 STON PL O A o~ ~ m ~RkS'DF ANOJ G 2 ~rNSH/P RO o o a N 3 NlCO~S 4 ¢ J RtRN ON a HRlSr1AIV p1 v m 70 HApv y ~ OsM~ r ~Y ~Qnc' S~ ~ ~ Ory C.11, M ~ F O ~pRp,CT ~~i AV L n `.A M NNA ~ OO n POR RpR C MS~RLRN° RD p~GG',S, RpSF&RY ~~~F<i AAS~°q R C SO NA SF~ Cp O~OT Z ti lSrON Cr ?O ~C', FNA ~ = S oRr a ~ z~ ~,q<t ~Fi(i~ CN 4 WF O~cT VALLE OLVERA Nor ~ ~ oy ~ J\ o s'9 SANo ~CCF~ADFRo N Y 2cO~ LARK T ~!i o QFRL/ y V 21 PROJECT DESCRIPTION Project Title: PEDESTRIAN/BICYCLE BRIDGE OVER SANTA GERTRUDIS CREEK TO CHAPARRAL HIGH PRIORITY: 11 SCHOOL AND CITY TRAIL SYSTEM Project Type: Infrastructure Description: Design and construct a pedestrian/bicycle bridge from Margarita Road, near Haiveston Way, over Santa Gertrudis Creek, to Chaparral High School and the City trail system on the south side of Santa Gertrudis Creek. Department: Public Works - Account No. 210.165.738 Scope of Project: Project will consist of a planning study, the establishment of easements, environmental review, Flood Control District approval, and the design and construction of a pedestrian/bicycle bridge spanning approximately 200 feet over the Santa Gertrudis Creek. Benefit: Project will provide a safe route for pedestrians and bicyclists to access Chaparral High School and the Santa Gertrudis Multi- Purpose Trail from Margarita Road. PROTECT LOC4TIO N Project Title: SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EYTENSIONAND INTERCONNECT RO Promenade Mall PROJECT DESCRIPTION Project Title: SANTA GERTRUDIS CREEK PEDESTRIAN/BICYCLE TRAIL EXTENSION AND PRIORITY: 11 INTERCONNECT Project Type: Infrastructure Description: To implement project planning and preliminary engineering for the extension and interconnect of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail from Ynez Road to the Murrieta Creek Multi-Purpose Trail. Department: Public Works - Account No. 210.165.739 Scope of Project: Project design to include the extension of the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail and provide access and under-crossings at Ynez Road, Interstate-15, and Jefferson Avenue, and a continuous paved trail along the Santa Gertrudis Creek to interconnect with the Nlurrieta Creek Multi-Purpose Trail. Benefit: Project will provide additional space for human services for the community. PROJECT LOCATION Project Ti tie: TEEN/YOUNG ADULT CENTER PROJECT DESCRIPTION Project Title: TEEN/YOUNG ADULT CENTER PRIORITY: II Project Type: Infrastructure Description: Construct a teen/young adult center of approximately 7,000 square feet. Location is to be determined. Department: Community Services Scope of Project: Construct a 7,000 square feet teen/young adult center. Benefit: This project will provide additional programs and services for teens and young adults of the community. PROJECT LOCATION Project Title: TEMECULA CHILDREN'S MUSEUM REFURBISHMENT a ftANCriO CA1-IpOftNtAft o CORTE MA BIND T o ~ z ~G n'I RCEOES z ~PPSP D TIERRA VISTA RD RIDGE PARK DR 0P D r Q D ~ pJ~ Q m z o P v P ~r~RN o UT4 6P 5~ ~TF O ~ G o a o m n G A c G N G ° O{ O n O U ~N U m T~ ~ A0 R c o a w N PROJECT DESCRIPTION Project Title: TEMECULA CHILDREN'S MUSEUM REFURBISHMENT PRIORITY: Iii Project Type: Infrastructure Description: This project will assist in refurbishing and replacing of exhibits in the Temecula Children's Museum. Department: Community Services - Account No. 210.190.675 Scope of Project: The project will refurbish existing exhibits and design new exhibits. Benefit: This project will help with upkeep and redesign of this heavily used facility. It will help keep the facility contemporary and up-to- date. PROTECT LOC4TIO N Project Title: TEMECULA CITY ENTRY MONUNIENTATION NICO L4 S RD CO n~ 0 A N A .c~ D DR PROJECT DESCRIPTION Project Title: TEMECULA CITY ENTRY 1VIONUMENTATION PRIORITY: 11 Project Type: Description: Department: Scope of Project: Infrastructure Design and construct an entry monument to replace the monumentation at the north end of the City. The monument will be designed and constructed by the Developer pursuant to the Fee Credit Agreement, dated October 9, 2007. The Developer will be reimbursed pursuant to Section 4.1-1. of the Agreement. The Developer's obligation for this project is $36,000. Community Services/Planning - Account No. 210.165.671 Design and construct an entry monument at the north end of the City along Interstate-15. Benefit: Project will provide identification and recognition for the City. PROJECT LOCATION Project Title: TEMECULA COMMUNITY CENTER EXPANSION EZ A~VE f=ELIX VALD r~ m Y PO O QPUgPR, eU C d ~ T o ~ RIDGE PARK DR QyQe' 0 ~C F~ g m~ c ~4 q ~ Gp`o ~YqC/O G✓CC o S S~ T VfAS RRf7Tp 0 U G NTIAGD R O CR~~hU a p~ JE Epp P Ggp~~C ~ C N N Q~ F PROJECT DESCRIPTION Project Title: TEMECULA COMMUNITY CENTER EXPANSION PRIORITY: 111 Project Type: Description: Department: Scope of Project: Benefit: Infrastructure Add 3,653 square feet of space adjacent to the Temecula Community Center to accommodate additional human services programs. Also includes site preparation, utilities, and tenant improvements for the relocation of the Escalier house and barn. Community Services - Account No. 210.190.197 Project will include the design and construction of an additional 3,653 square feet of office and meeting space. Project will provide additional space for human services for the community. PROJECT LOCATION Project Title: TEMECULA PARKAND RIDE o \ a O N CggRtLLQ Av ~ Qtr ~ w a~ P~'~ YNEZR p cu VALLEJO AU A~cti4 Ti~M~O~~pKY N o1iA~ v'gQR COL N Gp~I~1NQ EESV,150 N A PROJECT DESCRIPTION Project Title: Project Type: Description: Department: Scope of Project: TEMECULA PARK AND RIDE PRIORITY: 11 Benefit: Infrastructure Acquire land, design and construct a park and ride facility in the vicinity of Temecula Parkway and La Paz Street. Public Works - Account No. 210.165.717 Project will include the acquisition of property, design, and construction of a parking facility. Entire facility will be designed and then constructed in phases as available funds allow. Project will enable and encourage Temecula residents to carpool during commuting hours. PROJECT LOCATION Project Ti tie: TEMECULA POLICE STATION {TENANT IMPROVEMENT} PROJECT DESCRIPTION Project Title: TEMECULA POLICE STATION (TENANT IMPROVEMENT) PRIORITY: III Project Type: Infrastructure Description: Project will provide a Police Station within City limits to house Temecula Police Department Operations. Department: Police Scope of Project: Tenant improvements to existing 30,000 square foot facility. Construction will include demolition of most of the interior of both floors and construction of new walls to house functional units. It will also include construction of two locker rooms for staff. Parking will be enclosed with a secure wall around all but the front parking spaces and will include an internal locked parking area for vehicles undergoing investigations. Benefit: Centralized location for Police operations. PROJECT LOCATION Project Title: CHILDREN'S MUSEUM PARKING LOT RENOVATION EZ A~VE f=ELIX VALD r~ m Y PO O QPUgPR, eU C d ~ T o ~ RIDGE PARK DR QyQe' 0 ~C F~ g m~ c ~4 q y GEC Gp~ qCO VfAS RRf7Tp C U G NTIAGD R O CR~~hU a p~ JE Epp P Ggp~~C ~ C N N Q~ F PROJECT DESCRIPTION Project Title: CHILDREN'S MUSEUM PARKING LOT RENOVATION PRIORITY: Iii Project Type: Parks Description: This project will replace the existing parking lot at the Children's Museum. Department: Community Services Scope of Project: Project will demolish the existing parking lot, over excavate the soil and construct a new base and AC parking lot. Benefit: Project will renovate the existing parking lot for the Children's 1\/luseum. PROJECT LOCATION Project Ti tie: DOG PARK AREAS - VARIOUS CITY PARKS PROJECT DESCRIPTION Project Title: DOG PARK AREAS - VARIOUS CITY PARKS PRIORITY: III Project Type: Description: Department: Scope of Project: Benefit: Parks Design and construct park improvements at various city parks including minor landscaping, fenced off-leash dog area, concrete walkways, picnic tables, and benches. Community Services - Account No. 210.190 Project will design and construct improvements to include landscaping, iiTigation, walkways, picnic tables, fencing, and shade structure at the north area of the City. Project will provide an additional community dog park. PROJECT LOCATION Project Ti tie: NEIGHBORHOOD PARK SECURITY LIGHTING PROJECT DESCRIPTION Project Title: NEIGHBORHOOD PARK SECURITY LIGHTING PRIORITY: 1 Project Type: Parks Description: Add low intensity security lighting in various neighborhood parks. Department: Community Services Scope of Project: Addition of low intensity security lighting in neighborhood parks including, Nicolas Road Park, Riverton Park, and Loma Linda Park. Benefit: Enhance the safety of the City of Temecula residents in neighborhood parks, and facilitate police patrols in these areas. PROJECT LOCATION Project Title: PALA PARK RETROFIT TENNIS COURT LIGHTS yNRZRD ~ 0 DE PORTOLA RD J~ Q O ~ ~G VALLEJO AV OW-L~LQgPPOR~s yr' ~A h d P~tO Lly 0 O TEMECULA PKY O¢ ZP~L SA NTHA LN L UPE~O VNa LOMAL ~~.r~ O~ GAS" ~tPSP~ p NQ o G ~0{(X94 VtP`6PL"110 a Cy9j~c ~ ~ !ti m c°~° Ls~ C~ r w R.o~ Y o :~E ~y0 O y O z0 C ° 70 s'' '9Sp O" v N ~ vs CUs ss ~F ~ P PROJECT DESCRIPTION Project Title: PALA PARK RETROFIT TENNIS COURT LIGHTS PRIORITY: Iii Project Type: Parks Description: Install an electronic timed tennis court lighting system at the tennis courts at Pala Park. Department: Community Services Scope of Project: Project will upgrade the existing facility lighting fixtures. Benefit: Project will improve the safety and energy efficiency of the tennis courts. PROJECT LOCATION Project Ti tie: PLAY STRUCTURE RETROFIT AT VARIOUS PARKS PROJECT DESCRIPTION Project Title: PLAY STRUCTURE RETROFIT AT VARIOUS PARKS PRIORITY: Project Type: Parks Description: Retrofit existing play structures at parks throughout the City pursuant to a State mandate. Department: Community Services - Account No. 210.190.179 Scope of Project: Project will upgrade the existing play structures to be in compliance with new State regulations. Benefit: Project will improve the safety of the play structures. PROJECT LOCATION Project Ti tie: RECLAIMED WATER IRRIGATION RETROFIT- VARIOUS SITES PROJECT DESCRIPTION Project Title: RECLAIMED WATER IRRIGATION RETROFIT - VARIOUS SITES PRIORITY: I Project Type: Parks Description: Retrofit irrigation systems at various slopes, medians, or park sites to promote the use of recycled water. Department: Community Services / Public Works Scope of Project: The project identifies irrigation areas throughout the City and retrofits these sites in order to provide reclaimed water use and promote the preservation of potable water. Proposed sites may include medians, slope areas, or park sites. Stair will work closely with Rancho California. Water District and pursue reimbursement for the areas that are retrofitted. Benefit: City will save money or utility cost for water. PROJECT LOCATION Project Title: REDHAWK PARK IMPROVEMENTS ECU4Ap R~R9 CAMPANULA W° LB 5T0 N TEM~ A CREEK N iTRA1L PARK ~~`O RFd A < °rF~ pA RD REDHAWK COMMUNIT~Y ti~pq~ft PARK e EMBASSY PJ a~, SUNSET Rl-M PARK ~ J O ~q d G ~ d r a C9 D 'roG PASEO N G1 LANTE PARK A y PROJECT DESCRIPTION Project Title: REDHAWK PARK IMPROVEMENTS PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Parks Phase I will construct shade structures, picnic tables, restroom, clog park, and other amenities to improve the quality of existing park sites. Phase II will include tot lot improvements, shade structures, drainage improvements, and accessibility. Community Services - Account No. 210.190.144 This project will include the design and construction of passive park recreational amenities in four existing park sites within the Redhawk community. These improvements will help bring four existing park sites in the newly annexed Redhawk area to City standards. PROTECT LOC4TIO N Project Title: RONALD REAGAN MONUMENT SITE PREPARATION ~ pR ~4~ Y TES C~ 0 SPICA Cr MOONTlpF CT H0 ~(sTq Rp a a ¢ y ~ ~ d¢ w o~ Q N O Z J m~ w O ESTERO ST ~ ~ ~ PROJECT DESCRIPTION Project Title: RONALD REAGAN MONUINIENT SITE PREPARATION PRIORITY: 111 Project Type: Description: Department: Scope of Project: Benefit: Parks Basic site preparation for the Ronald Reagan Monument at the Ronald Reagan Sports Park, to include irrigation redesign and the concrete base. Community Services Redesign of existing irrigation and the construction of the concrete base for the proposed Ronald Reagan Monument. Project will provide the site preparation for the proposed Ronald Reagan Monument. PROTECT LOC4TIO N Project Title: RONALD REAGAN SPORTS PARK CHANNEL SILT REM017ALAND DESILTING POND 4 AGED ~~~T O~ TERR -9,A SKY EMORA ST O Sp/CA Cr O~ w q CALLS MOONTIp~ CT AO~~AgT m NAPA ° ~ NCy~ Vi ¢ STq ~'D pAU8 Q COLiNAVE DE W J W L > U w w ~ Q?~ U U PROJECT DESCRIPTION O Project Title: PRONALD REAGAN SPORTS PARK CHANNEL SILT REMOVAL AND DESILTING PRIORITY: Project Type: Parks Description: Remove silt from the channel located in Ronald Reagan Sports Park and the desiltation pond west of the sports park. Department: Community Services - Account No. 210.190.157 Scope of Project: Project will include excavating, hauling away, and disposing of silt in the channel area and desiltation pond, and environmental mitigation. Part of this project was completed in December 2007, in accordance with City Resolution 07-105, Declared Local Emergency. Benefit: Project will increase the flow capacity of the channel in order to prevent flooding in the sports park, and increase the capacity of the pond to hold storm water and reduce down stream sedimentation. PROJECT LOCATION Project Title: RONALD REGAN SPORTS PARK NORTH / SOUTH FIELDS BACK STOPS, DUGOUT AND PARKING LOT WITH TRASH ENCLOSURES ~qQ~ / ~p sA ~05 CORTE A{.AMAR N s m 4- O~ FN~~ EFN CROSS RD "sO AC SpU'CN CEty'SPJ GO 9 Shy TERRACE fl SPIpA CT G~ cn NOONTIDE Cr AG~tJP 9pC z ~NOHO V/3 rp Rp 9~0 n z r PAU8ARD S 2 z w ti O ] LLJ ¢ a U U 2' 4 1 N ESTEROST v 4 N O U J~ a ~ / 0 PROJECT DESCRIPTION Project Title: RONALD REAGAN SPORTS PARK NORTH/SOUTH FIELDS BACK STOPS, DUGOUT AND PRIORITY: III PARKING LOT WITH TRASH ENCLOSURES Project Type: Parks Description: This project will replace backstops and dugouts on two fields, and construct a new asphalt parking lot and trash enclosure. Department: Community Services Scope of Project: Project will consist of the removal and replacement of backstops and dugouts on both north/south fields, grading and construction of asphalt concrete paving adjacent to north/south fields, with a trash enclosure. Benefit: Project will expand the recreational opportunities available at this site and improve the facilities for park visitors consistent with other park sites. PROJECT LOCATION Project Title: RORIPAUGH RANCH OPEN SPACE TRAILS CT Q)IR i HI E D o 0 MDRRIETq N v W w Y Z o", R N z vv w tt ¢ a a p U U vl d' RD _ Y ]~o U w ~ O t U F CAMINO CIELO OR/p q UO q O 2 RO A ~P { y z LIEFER RD QP 6` N N O N V m w_ a P ~ w ~S~ /NORTH LOOP RD ¢ Q- NOO O tt /N P o a ~ a ~ 2 0 M~ vN ~ S M y o H e ~ z w ~ a P`I ° W O h SO SOUTH LOOP RD GpLLE GHA S C LLE OIRASOL C LE CONTENTO 9P~ AND EACIR A U F ~ O Z A y e e° N o ° J `Srgo srgOE M P NAUNC n ONrE OR EY 1\ A RO O PROJECT DESCRIPTION Project Title: RORIPAUGH RANCH OPEN SPACE TRAILS PRIORITY: Iii Project Type: Parks Description: Design and construct the first phase of the future Roripaugh Open Space Trails Master Plan. Department: Community Services - Account No. 210.190.195 Scope of Project: Design and construct the first phase of the future Roripaugh Open Space Trails Master Plan. Benefit: Project will provide additional trail opportunities for the community. PROJECT LOCATION Project Title: SAM HICKS MONUMENT PARK PLAYGROUND REPLACEMENT F SSAg ~ R~O ~ ~ yyF O SINGLE AK DR 0 NCNOCx'JFORN1AftD ro O o CORTEMA BIND ORTRq~ T RA d S IN T Z 41 0 SAM HICKS MONUMENT PARK Z L ~O \P PS O ~ ~ ~ ~y C>O TJER.RAVISTA OV co `Z` = S w 6Ur, `F~ o C U y RIDGE PARK DR 0P X1.5 r 4 z J~` m Fs o o ;^D eP 5~ sT Pam ~ pro ~ e~ =o m 3 V m c AGE G o N ohs 5~ P T 5~ y Q~ ~ S9NT O , gcDR 0 ~ PROJECT DESCRIPTION Project Title: SAM HICKS MONUMENT PARK PLAYGROUND REPLACEMENT PRIORITY: Iii Project Type: Parks Description: Design and construct a new play structure to replace the existing equipment. Department: Community Services - Account No. 210.190.138 Scope of Project: Project will consist of the removal of existing equipment, installation of new equipment, and resurfacing according to ADA . guidelines. Benefit: Project will provide an enhanced play environment and improved access for the disabled. PROTECT LOC4TIO N Project Title: SANTIAGO / YNEZ PARK SITE DESIGN LU y~ LPN C,~5~ t-. ~dF Co 2 O LOLITA RD R GAT AV d COQ L C1 s~ O t7 AJON DR p 'd O cG.. O S u tP~ N ~ FVO abO~ to q - b WESTER BY SS 0 0 A~ O PROJECT DESCRIPTION Project Title: SANTIAGO / YNEZ PARK SITE DESIGN PRIORITY: III Project Type: Parks Description: Design of a passive park on a 7.5 acre site at Santiago and Ynez Roads. Department: Community Services Scope of Project: Design of a passive park, including turf areas, picnic facilities, garden area, restrooms, and parking. Benefit: Project will provide additional passive park amenities for the community. PROJECT LOCATION Project Title: SKATE PARK DRAINAGE IMPROVEMENTS ~qQ~ / ~p sA ~05 CORTE A{.AMAR N s m 4- O~ FN~~ EFN CROSS RD "sO AC SpU'CN CEty'SPU GO 9 Shy TERRACE fl SPICA Cr G~ cn (0) r/ cr AG~r~P 9pC z ~NOHO V1SrA Rb 9~0 n 0 z r PAU8ARD S 2 z w LLJ ti O ] ¢ a J U U 2' 4 1 N ESTEROST v 4 N O U J~ a pL\l,~ co ~ / 0 PROJECT DESCRIPTION Project Title: SKATE PARK DRAINAGE IMPROVEMENTS PRIORITY: Project Type: Parks Description: Design and install a drainage system around the perimeter of the skate bowl. Department: Community Services - Account No. 210.190.196 Scope of Project: Project will include the design and installation of a drainage system around the perimeter of the skate bowl. Benefit: Project will minimize water intrusion into the skate bowl. PROJECT LOCATION Project Title: VAIL RANCH PARK IMPROVEMENTS Y ppNCN R➢ NANNEL S7 '(LSLLE SGPR~pR,OUG L gD cP S~° v O Q- p~OSF v . ssPlgN 4 eG q z ~ TF Ch, ea in .o m P o cI 7N OG X20 RU r TF ~'O pp~( ERO QR f~ \PS CALLE CANTU 0 G O~ 1LD~ y P 4ip mac' ~y ~F ~~~pR GL~PgvP it pR C,$,N ~ ~ tY Oq<~F~~ 9e~O~c{F 'SAO ~P\ G¢ G °VERLANQ rR ~SFR m Oq~c Ty ~~p~O ~ 'OG oOv °OQp U HISLOP WY yq ~O ~ S RMpNy~N ~ n4"~ C~ CO ~4r 1gp~'E.~'O 'OpP DR /fr OT JpSy~? Q~°rAP G~ Op~ y~` ~TF SgN OpC ~q1 yq~i 2 00 CT GA \P ~G <11 pN~Z ~O cr ' Jew nch Pa Ag5 Apr &gNgNq n u ~4•9O P2 PPS S o`er 1NONERNAN 1% 5 P 9SQ Q- '10 s cn ANO GP 2 Q ~ Q GAO= I m ~O RU6 ~J ~R~1N G\FL 'P C63 O LEIA o G \ GAL AL.FRE90 1R ~lU~ s~G o GAR0 SIAWY 0 ~y. yGpgD cn P. O@' ~OQ~ O R M REGINA DR U 0~~ ~G~° O GOQ° vALENTVNO`N~ N YUCCq sr y~py~p/A n y s N °PPY ~ACaGON Sr cy~~f O~r~v ~J,ST ~ ~ ~ ' Qo R Sq< R ~ PROJECT DESCRIPTION Project Title: VAIL RANCH PARK IMPROVEMENTS PRIORITY: Project Type: Parks Description: Add various park amenities to existing park, including restrooms and a drainage system. Department: Community Services Scope of Project: Project will consist of improvements to the site to bring this park up to Temecula Community Services standards. Benefit: Project will provide additional activities and restroom facilities for park visitors. PROJECT LOCATION Project Title: VAIL RANCH PARK SITE D Rp K~~~GUt-Ap~Y y~ WO~~ ptaE OVERLANg T OJ p DR ~C/~Cr pQ Z J Q9 V SOr1_LO DR A N ~ES~~~ OTfisT ~t ~ q'~ 44 ON J\P~~RON q4~~ ~ttO LEVI GS SIA WY -Y, N D VIA CORD013 AvALENTINO W~ PROJECT DESCRIPTION Project Title: VAIL RANCH PARK SITE D PRIORITY: II Project Type: Parks Description: Design and construct the 2.2 acre park site with recreation amenities. Department: Community Services Scope of Project: Project will consist of the construction of a tot lot, picnic shelter, turf area, landscaping, and other recreation amenities. Benefit: Project will provide additional recreational amenities for community residents. PROJECT LOCATION Project Title: AFFORDABLE HOUSING RANCHO CALIFORNIA R 5 O o ° EEu)(VA EZ VE ~igpo z 2 p F~ Rr m ye J 9 oPO,~ Cy6-e SINGLE OAK DR O cNN`~ND RO ~t gN 9 J f O ao ~ 900 RIDGE PARK DR 0 A 0P O JQ- ~o ~ sr 4 0 UO X0 0 ~A SERRITO U 10 10 AGO RD G O a ~ J P~~E~O N A °gMiNo OAT ~<<O or PROJECT DESCRIPTION Project Title: AFFORDABLE HOUSING PRIORITY: Project Type: Affordable Housing Description: Mixed-Use Development in Old Town. Department: Housing/Redevelopment - Account No. 165.199.812 Scope of Project: Work with development partner to develop a mixed-use project comprising of affordable housing and commercial uses. Benefit: Project meets State Planning and Redevelopment mandates and fulfills the goals and policies of the City's General Plan and Redevelopment Implementation Plan. The project also furthers the revitalization of Old Town consistent with the Old Town Specific Plan. PROJECT LOCATION Project Title: AFFORDABLE HOUSING PROJECTS - FUTURE OBLIGATIONS EZ A~VE f=ELIX VALD r~ m Y PO O QPUgPR, eU C d ~ T o ~ RIDGE PARK DR QyQe' 0 ~C F~ g m~ c ~4 q ~ G~`o ~Yqc/O G✓~C o S S~ T VfAS RRf7T0 0 U G NTIAGD R O a JE GgT~~o ~ o N N Q~ F PROJECT DESCRIPTION Project Title: AFFORDABLE HOUSING PROJECTS - FUTURE OBLIGATIONS PRIORITY: 1 Project Type: Housing Improvements Description: Future funding obligation for Mission Village affordable housing projects. Department: Housing / Redevelopment - Account No. 165.199.811 Scope of Project: Project will include the design and construction/rehabilitation of affordable housing for the Mission Village project to meet State mandated housing goals. Benefit: Project will increase the preservation and development of affordable housing. PROJECT LOCATION Project Ti tie: AUTO MALL SIGN PROJECT DESCRIPTION Project Title: AUTO MALL SIGN PRIORITY: 1 Project Type: Housing / Redevelopment Description: Provide funding mechanism for replacement of existing Auto Mall Marquee Sign Department: RDA - Account No. 280.199.842 Scope of Project: Project will provide for replacing and updating the Auto Mall Marquee Sign. Benefit: Project will provide for better visibility of Auto Mall and increase auto sales. PROJECT LOCATION Project Ti tie: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE PROJECT DESCRIPTION Project Title: NW RDA PROPERTY GRADING AND NPDES COMPLIANCE PRIORITY: Project Type: RDA Description: Project will rough grade the RDA owned property at the NW corner of Diaz Road and Dendy Road. Department: RDA - Account No. 165.199.839 Scope of Project: Project will complete rough grading and compacting by redistributing surcharge materials across the entire site and then implement . storm water BI\/IP's for sediment and erosion control and complete annual maintenance of the storm water BI\,IP's. Benefit: Work will prepare the site for future development or for marketing to the development community while ensuring compliance of the storm water regulations. PROTECT LOC4TIO N Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - MERCEDES STREET, MAIN STREET, AND THE TOWN SQUARE r 09 qtr a ooh, <<F ~~'d L ~ S O~ TIERRA VISTA RD O ~p- ~ O~Tfifi U ~ ~ P ♦ ~~~C ~ O ~~U ~J Lu O U O¢ c~ CR O~ v1RFRN O ~ a p<4 X00 G N ~ SaNrrq~a Ro s, PROJECT DESCRIPTION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - MERCEDES STREET, MAIN STREET, AND PRIORITY: THE TOWN SQUARE Project Type: Housing/Redet,elopment Description: Project will continue the Old Town streetscape enhancements along Mercedes Street between Second Street and Fourth Street, and on realigned Main Street. In addition, the pavement on Mercedes Street between Fourth Street and Sixth Street will be widened to its ultimate width along with rolled curb and gutter. A town square will be constructed within the confines of the realigned portion of 1\/lain Street. Department: RD.-/Public Works - Account No. 210.165.636 and 210.165.643 Scope of Project: Project will include design and construction of Old Town streetscape enhancements including rolled curb and gutter, streets, storm drains, sidewalks, and street lighting. Project will include constructing a town square park like setting within the newly created Main Street "Y." Benefit: Project will continue to promote the revitalization of Old Town. PROJECT LOC4TIO N Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - PARKING STRUCTURE, OFFICE AND RETAIL N A PROJECT DESCRIPTION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - PARKING STRUCTURE, OFFICE AND RETAIL PRIORITY: Project Type: Housing/Redevelopment Description: Project will construct a two or three story parking structure east of Mercedes Street at Thud Street, to accommodate roughly 400 parking spaces, as well as integral office/retail shells fronting Mercedes Street. Department: RDA/Public Works - Account No. 210.165.644 Scope of Project: Project will include design and construction of a two or three story parking structure on 1\4ercedes Street at the foot of Third Street. Project will include approximately 8,500 square feet of office/retail space. Benefit: Project continues to promote the revitalization of Old Town. PROTECT LOC4TIO N Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - RELOCATION OF EXISTING STRUCTURES DEMOLITION AND GRADING N A PROJECT DESCRIPTION Project Title: OLD TOWN INFRASTRUCTURE PROJECTS - RELOCATION OF EXISTING STRUCTURES / PRIORITY: DEMOLITION AND GRADING Project Type: Housing/Redevelopment Description: Project will either relocate two historical buildings or demolish existing facilities and perform grading of City properties in Old . Town. Department: RDA/Public Works - Account No. 210.165.645 Scope of Project: Project will include design and construction of either relocation and/or demolition of existing facilities on City owned properties in Old Town. Project will ready the sites for future development and install interim erosion control measures. Benefit: Project will continue to promote the revitalization of Old Town. PROJECT LOCATION Project Ti tie: OLD TOWN SOUND SYSTEM- RETROFIT PROJECT DESCRIPTION Project Title: OLD TOWN SOUND SYSTEM - RETROFIT PRIORITY: 11 Project Type: RDA Description: Design and install a new Old Town Sound System with the head end in the Old Town Civic Center (OTCC). The system should be capable of supporting simultaneous broadcasts or separate instances between Old Town Front and the Town Plaza. Department: Information System Scope of Project: This project will include a preliminary study that identifies the Old Town sound system requirements. This study will result in a competitive request for quotation for vendor selection. The goal of this project is to move the sound system head end, replace the speakers and amplifiers, and provide discreet separation between events on Front Street and the Town Plaza. Benefit: This system will replace obsolete equipment and upgrade the system to support the new Old Town venues. It will also integrate system control in the new Civic Center and allow discrete separation to support multiple events by providing options for customized sound zones and improved user interface. PROJECT LOCATION Project Ti tie: RESIDENTIAL IMPROVEMENT PROGRAMS PROJECT DESCRIPTION Project Title: RESIDENTIAL INIPRO`'EMENT PROGRAMS PRIORITY: 1 Project Type: Description: Department: Scope of Project: Benefit: Housing Improvements Provide financial assistance for the rehabilitation of existing housing units in assigned neighborhoods to increase and preserve the supply of affordable housing in the City in accordance with State law. Planning / Redevelopment - Account No. 165.199.813 Project will establish programs that distribute funds to rehabilitate existing housing units. Housing set aside is not restricted only to the Redevelopment area. Project will meet State Planning and Redevelopment mandates, fulfill the City's General Plan and Redevelopment Implementation Plan goals and policies, and assist in the removal of blight. ITEM 4 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 20, 2009 PREPARED BY: Betsy Lowrey, Case Planner PROJECT Planning Application Number PA08-0004, a Conditional Use SUMMARY: Permit/Antenna Facility Application for Verizon to reconstruct an existing wireless 68-foot cellular Monopine and co-locate two additional antenna arrays for a total of three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional branches, provide additional landscaping including trees and vines to screen the project and related equipment located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15302, Class 2 Replacement or Reconstruction PROJECT DATA SUMMARY Name of Applicant: Paul Slotemaker of Realcom Associates and Jon Dohm of Crown Castle USA on behalf of Verizon General Plan Public Institution (PI) Designation: Zoning Designation: Public Institution (PI) Existing Conditions/ Land Use: Site: Public Institution (PI): A 5.49 acre site utilities site with two existing water towers and associated pumping equipment and two existing Monopines with associated cabinets and equipment North: Low Medium Residential (LM): Existing houses South: Low Medium Residential (LM): Existing houses East: Low Medium Residential (LM): Existing houses West: Low Medium Residential (LM): Existing houses BACKGROUND SUMMARY The existing wireless monopine was originally entitled and constructed after several public hearings in 1998 and 1999. Planning Application No. PA98-0219, a Conditional Use Permit to construct a 60-foot high wireless monopine with associated equipment was first submitted in May of 1998. On November 12, 1998, the Planning Director considered the proposal and continued it for consideration by the Planning Commission. On December 16, 1998, the Planning Commission continued the hearing and ultimately approved it on January 6, 1999. On appeal, the City Council conducted hearings on February 9, 1999, April 13, 1999, May 25, 1999, and, on June 8, 1999, upheld the Planning Commission's approval. Thereafter the project was constructed as it stands today in its present form. On January 9, 2008, a Conditional Use Permit application was submitted with plans proposing to replace the existing monopine with a new tree and co-locate two additional carriers. The applicant later determined the existing tree was structurally capable of being reconstructed (rather than replaced) and revised its plans to replace all branches and add additional foliage. These enhancements were required by Staff order to improve the visual appearance of the tree and to properly screen existing and existing and new antenna arrays and equipment. Staff has worked with the applicant to ensure that all concerns have been addressed and the applicant has worked diligently and cooperatively with staff to address aesthetic concerns of the monopine; however, the following issue has not been resolved to the satisfaction of staff: The applicant's plans provide three-dimensional bark cladding to 30 feet above grade. It is Staff's recommendation, as well as the City's telecommunication consultant, that full bark cladding be provided all the way to the top of the monopine to ensure a more realistic appearance given its high visibility and close proximity to the surrounding residents. Staff has conditioned the project (Condition of Approval No. PL-23) to require three-dimensional bark cladding on the trunk from the base at grade to the top of the monopine. ANALYSIS The applicant is requesting to reconstruct an existing Monopine to allow for the co-location of two antenna arrays and six additional cabinets of related equipment within a fenced enclosure. The applicant also proposes to enhance the aesthetic appearance of an existing monopine tree and provide additional landscaping to screen its appearance. The applicant's proposal to co-locate two additional antenna arrays is consistent with Development Code Section 17.40.010 which states that the City shall encourage the co-location of new telecommunication antennas. This requirement prevents the blight of excessive telecommunication facilities within the City. Development Code Section 17.40.010 also states that the City shall protect the visual character of the City from the potential adverse effects of telecommunication facility development and antenna installation by maintaining architectural and structural integrity and preventing unsightly facilities. As constructed, the existing monopine does not meet this requirement and is substandard to the quality of a wireless faux tree as required within the City of Temecula. Its unrealistic branches and painted trunk (no bark cladding) contribute to its poor appearance making it easily recognizable as an antenna facility rather than a tree. The proposal to reconstruct the existing monopine, as conditioned, will significantly enhance the appearance of the tree with additional branch coverage, fuller foliage, three-dimensional bark cladding, and a 2 naturally shaped canopy of branches. Staff has worked with the applicant to ensure the new facility will be considerably upgraded beyond its existing conditions to enhance its visual appearance and better blend with the community. The City's telecommunication consultant has reviewed the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. Site Plan The site is owned by the Rancho California Water District and currently has two existing above- ground water tanks and associated pump equipment, as well a second 50-foot high monopole with ground mounted equipment; all of which existed prior to the construction of the surrounding homes. The existing monopine was originally constructed in 1999 and meets all of the development standard requirements and setbacks as set forth within the Public Institutional Zoning District. Furthermore, as required by Development Code Section 17.40.110, the tower is not located closer than 75 feet from any residential structure. Architecture The proposed enhancements to the existing monopine will significantly improve the overall visual appearance of the sparsely designed monopine. The primary design improvements of the structure include replacing all 53 existing branches with more realistic and full branches and adding 37 branches to the tree to provide an enhanced foliage appearance. In addition, all antenna panels will have a pine-needle antenna cover in order to increase its camouflaging and disguise the antenna arrays. The proposal will considerably improve the appearance of the existing tree with additional branch coverage, fuller foliage, three-dimensional bark cladding, and a naturally shaped canopy of branches to meet the design requirements. The original entitlement permitted the monopine to be designed, constructed and installed in a manner that would allow for the co-location of additional arrays and, although described as a 60-foot tall monopine, the height was permitted to be altered by 20% to accommodate co- location. The facility was ultimately constructed at an overall height of 68 feet. Staff has worked with the applicant and the City's telecommunication consultant and determined that the existing height of 68 feet is sufficient to accommodate the co-location of two additional service providers as necessitated to serve the telecommunication services within the area. Therefore, the height of the proposed reconstructed monopine will remain the same as the existing monopine. Staff has ensured the plans clearly call out the height of the overall wireless facility (from grade to the extreme top of the facility) and the project is conditioned not to exceed an overall height of 68 feet (Condition of Approval No. PL-28.) Landscaping The project has been conditioned to ensure that all existing trees surrounding the existing facility remain intact, with the exception of two trees to be relocated to accommodate equipment. In addition, thirteen 48" boxed Mondel Pine trees, four 48" boxed Italian Stone Pine trees and eight 15-gallon Pine trees will be planted to provide additional screening of the monopine. Vines will be planted along the fencing the surrounds the equipment to further enhance the site. 3 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 9, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Section 15302, Class 2 Replacement or Reconstruction. This is reconstruction of an existing utility facility where the reconstructed structure will have substantially the same purpose with negligible expansion of capacity. FINDINGS The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The project is permitted by Conditional Use Permit within the Public Institutional Zone. The proposal to co-locate telecommunication antennas onto existing telecommunications facilities is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project will upgrade the appearance of an existing monopine to further enhance its visual appearance and provide a better aesthetic design that is compatible with adjacent residential uses and surrounding landscape. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. Further, the project is existing and compatible with the public facilities already at the site. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this development code and required by the Planning Commission or City C ouncil in order to integrate the use with other uses in the neighborhood. The site is already developed and the monopine exists. The applicant is revising the design of the existing monopine which will enhance its appearance and simulate its appearance as a pine tree to match the surrounding pine trees. In addition, the applicant is providing additional trees and landscaping to assist in the buffer to adjacent residential lot as well as provide additional screening to overall appearance. The existing site conditions are adequate in size and shape to integrate the new monopine design, additional antenna arrays and associated equipment and additional landscaping as proposed. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 9980's and as a result several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Studies concluded there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 9996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 9996 Act expressly preempts State and local government regulation of the placement, construction and modifications of wireless service facilities on the basis of environmental effects. Staff has determined that the nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Original Resolutions, Conditions of Approval and all Hearing Minutes for PA98-0219 Notice of Public Hearing City of Temecula 0 125 250 500 750 MMMMW Feet ` ~c rrae~Gt a , This map was made by the City of Temecula Geographic Information System The map is den ad from base data produced by the Riverside County Assessor's ti Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. verffon Royal Street Communications WIRELESS California, LLC SITE NAME TEMEKU HILLS 31008 RANCHO CALIFORNIA RD. TEMECULA, CA 92591 APPLICANTILESSEE THIS IS AN UNWNXED itlFPAMMVNIGMM'S FACUNrc IN SHEET OES.RPUoN REV. vER20N MrRELESS CODUUwPATIOn AND No' STREET 1 10.b BgNCW . COMMUNRAlKK15 He. ' TITLE SHEET a .._0 VERIZON WIRELESS Royal Street Communication LLC W RK IN U SI TOPo(YViY11C SVPVEY 155M SANO WItON AVE. 4. YefroFCS - Loe M9Gea O CLUDES PS 1NSTALI M (A) '.'UN .RECESS .0 EQUINE. CABINETS; HOSURIL CVO CELL OUTDOOR). - LI - yiE qµ 0 WFLONG V HI RWR 350 t°m- Guile 2W (4) TOO ANUS HAS, A NEW ELECTRICAL RESOURCE AND A NEW - - ' UMNE, G 91818 to 93602 iNU. TELCO PANEL ILL MQNrtO ON A NEW CONCRETE SLED ON ENWiGEO SrtE PLAN 0 PHONE: (949)186-7Qtl Phom AM 896-0945 CPAOE. Crown Castle IN. OF (J) SECTOR (4) ANTICS PER eac'o (11) ' ' 2x NOR TmFSi ElEVATKI 5 0 e JIN1 WHM. ACP, lonln9 Nono9e1 TOT, ALL UWa- ON E%151INC &5 -0 HIGH SPMNT (CIKINN c ONLD MOYOPP E SWINaFRH EIEVATp.K 0 e $ j Wetl Mae, CUN- C°eLle U. 510 C°NAb $It O SM CA G SCION 1 S.I. INSIRSTS To OF CG%UL FRJM PIDIO EQUINE. 'Oe U@NE5 T) E T P ' tpVMAEST & NORTHEAST ELEVATIONS e x ~ m a, - BOS 9A 13]5 'N a ' ; RA T ( XS NG S RAT CR0 MR PASRE) NOAtlPIXE a en N$N t x o - WS 72 715 tat 714 416-173 B loK N. OF (8) ROYAL $fPEET PµEL PNIENNI$ uNrED W E%6TNG 65 W ' 5 2 r `:A t s F 9 AS pn EOM1mOnaxntoaile tom -0 FOP SPRwi (C. CASTLE) V ONOP"O. µ0 (4) EQUIPMENT CARNETS NQNTED ON x T, c S NEW CCMCRIFE SV.B ON GREEN, PROPERTY INFORMATION PROJECT DESCRIPTION S C."HER PATER D51PICr ADDRESS oTMFR: 1RANCHO, 2132 CALIFORNIA ESS 55 41135 NWCxE$TER AopI1 TEUCCUTA G 9zs90 CONTACT PERwN: A. /cPaT cASne ARCHITECTURAL PHONE: (805) 687]--1f56 560 HcmAVeRlwm UTINOE: }3' 31' 110 vo C4 qN LALIrd1NIA 9]Dra LONGITUDE: i IT M' 20.0' LLM/LT DAN WIbON _ _ _ _ _ _ _ _ _ _ UTACPHO TIRE (NAD 83) PRI)Sn.YYJr EIF'ARON: 1316' SO) 390-M2 1ao3 TIwM/5 BROTHERS RAP NCOK. PACE j9n9, ONO 0-4 eUPWON N: CRY a .1.1 SURVEYOR: ZONE: S: PUB C IN511NtpW1 YAWN . VICINITY MAP NOTTo SCAE - c---NU`-TYPE: 9-N . PAC, Iry'$v1~xY PA.xcw.i, w.reP fe,cM.IroRWA N3°M 1 rssuEO roR: cURRE. usE: wpNR RESEAVaR a TEIECgAMVMGRONS FACILRIE$ coNrecr• pFlLC. M4Q 4M.xTL SHEET INDEX ZONING FROM YFRIION WIPE1E55 At IRIINE OFFICE. TOTAL Ip405CA°FD MGS: 2372M M. FT. u. a»aoNS n4u P TA%E 5 FAR' (NORTH) µ0 TAEE 55 . 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R ■ ■ ■ ~ ~ ■e E LA MECCTrA_B owl '~C"/■ ■ ■ Vitt f ■ Terne ku Hill s after coveraae J, ■ 'fir, ■ r ~4' r ■ r ■ ~ 1 ■ .J 1 of ■ hlf 1 ~ r egg A Vo ` 1 ■ .ion (ILLS Tt f F IAL ~*WNS ~ ' 11r -kA . 1, ■IA a` ■ PAL 0 _J~■,Lti 1 1 & 29 Id ■ ■ ■ ■ PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0004, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR VERIZON TO RECONSTRUCT AN EXISTING WIRELESS 68-FOOT CELLULAR MONOPINE AND CO-LOCATE TWO ADDITIONAL ANTENNA ARRAYS FOR A TOTAL OF THREE ANTENNA ARRAYS, REPLACE ALL 63 EXISTING BRANCHES WITH ENHANCED BRANCH ES/FOLIAGE AND ADD 37 ADDITIONAL BRANCHES, PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCED ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 963-390-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The Planning Director considered Planning Application No. PA98-0219, a Conditional Use Permit to construct a 60-foot high wireless monopine and associated equipment on November 12, 1998, 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. At the conclusion of the Planning Director hearing and after due consideration of the testimony, the Planning Director continued the item to the December 16, 1998 Planning Commission for consideration; B. The Planning Commission considered Planning Application No. PA98- 0219, a Conditional Use Permit to construct a 60-foot high wireless monopine and associated equipment on December 16, 1998 and January 6, 1999, at duly noticed public hearings 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. At the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application PA98-0219; C. The City Council conducted public hearings pertaining to Planning Application No. PA98-0219, a Conditional Use Permit (Appeal) to construct a 60-foot high wireless monopine and associated equipment on February 9, 1999, April 13, 1999, May 25, 1999, and June 8, 1999, at duly noticed public hearings 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. On June 8, 1999 the City Council approved Planning Application No. PA98-0219, a Conditional Use Permit to construct a 60-foot high wireless monopine and associated equipment. E. On January 9, 2008, the applicant filed Planning Application No. PA08- 0004, a Conditional Use Permit/Antenna Facility Application for Verizon to reconstruct an existing wireless 68-foot cellular Monopine and co-locate two additional antenna arrays for a total of three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional branches, provide additional landscaping including trees and vines to screen the project and related equipment located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite (formerly 31008 Rancho California Road), in a manner in accord with the City of Temecula General Plan and Development Code. F. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. G. The Planning Commission, at a regular meeting, considered the Application and environmental review on May 20, 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. H. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0004 subject to and based upon the findings set forth hereunder. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code; The project is permitted by Conditional Use Permit within the Public Institutional Zone. The proposal to co-locate telecommunication antennas onto existing telecommunications facilities is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures; The project will upgrade the appearance of an existing monopine to further enhance its visual appearance and provide a better aesthetic design that is compatible with adjacent residential uses and surrounding landscape. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. Further, the project is existing and compatible with the public facilities already at the site. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site is already developed and the monopine exists. The applicant is revising the design of the existing monopine which will enhance its appearance and simulate its appearance as a pine tree to match the surrounding pine trees. In addition, the applicant is providing additional trees and landscaping to assist in the buffer to adjacent residential lot as well as provide additional screening to overall appearance. The existing site conditions are adequate in size and shape to integrate the new monopine design, additional antenna arrays and associated equipment and additional landscaping as proposed. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Studies concluded there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts State and local government regulation of the placement, construction and modifications of wireless service facilities on the basis of environmental effects. Staff has determined that the nature of the conditional use is not detrimental to the health, safety, and general welfare of the community. E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15302, Class 2 Replacement or Reconstruction). This is reconstruction of an existing utility facility where the reconstructed structure will have substantially the same purpose with negligible expansion of capacity. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0004, A Conditional Use Permit/Antenna Facility Application for Verizon to reconstruct an existing wireless 68-foot cellular Monopine and co-locate two additional antenna arrays for a total of three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional branches, provide additional landscaping including trees and vines to screen the project and related equipment located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road, subject to the Conditions of Approval 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 20th day of May 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 20th day of May 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.: PA08-0004 Project Description: A Conditional Use Permit/Antenna Facility Application for Verizon to reconstruct an existing wireless 68-foot cellular Monopine and co- locate two additional antenna arrays for a total of three antenna arrays, replace all 53 existing branches with enhanced branches/foliage and add 37 additional branches, provide additional landscaping including trees and vines to screen the project and related equipment located within a fenced enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road Assessor's Parcel No.: 953-390-002 MSHCP Category: N/A DIF Category: N/A TUMF Category: NIA Approval Date: May 20, 2009 Expiration Date: May 20, 2011 PLANNING DEPARTMENT 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)). General Requirements PL-2. 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 approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The City Planner may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file for Planning Application PA08-0004 with the Planning Department. PL-7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the City Planner. If it is determined that the landscaping is not being maintained, the City Planner 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. PL-8. The applicant shall comply with their Statement of Operations dated April 22, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, its City Planner, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modifythis Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit orforthe maintenance of any nuisance condition or other code violation thereon. PL-11. The applicant shall comply with Conditions of Approval on file for Planning Application No. PA98-0219, unless superseded by these Conditions of Approval. Prior to Issuance of Building Permit(s) PL-12. Four 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 bythese 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 appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-13. The Landscaping and Irrigation Plans shall 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. PL-14. The Landscaping and Irrigation Plans shall include a note stating that "Two landscape site inspections are required: One inspection is required prior to irrigation line trenches being closed for inspection of the irrigation lines and a separate inspection is required for final planting inspection." PL-15. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-16. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees. PL-17. 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. PL-18. Specifications of the landscape maintenance program 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 applicant/ owner shall contact the Planning Department to schedule inspections. PL-19. All existing trees shall be shown on the landscape construction plans and no existing trees outside of the fenced area shall be relocated or removed. PL-20. Vines shall be provided along the exterior fence surrounding the entire equipment area that surrounds the monopine. PL-21. The Landscaping and Irrigation Plans shall include specifications indicating 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 applicantlowner shall contact the Planning Department to schedule inspections. PL-22. 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 bythe 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. PL-23. Construction Plans shall show and project shall be constructed to incorporate three- dimensional full bark cladding provided on the tree trunk starting at the base (at grade) to the top of the monopine. No two-dimensional bark cladding wrapping applique shall be permitted. PL-24. Construction Plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by pine needle socks. PL-25. Construction Plans shall show and project shall be constructed that all antennas, antenna mounts, antenna hardware, and antenna cables outside of the trunk shall be flat painted in a camouflage design of browns and greens. PL-26. Construction Plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL-27. The construction plans shall specify with a note that indicates construction plans are consistent in design, scope and proposed execution of the approved photo simulations produced by Artistic Engineering submitted to the City of Temecula in this Planning Application No. PA08-0004. PL-28. Construction Plans shall show and project shall be constructed so that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 68 feet. PL-29. In addition to the branches illustrated on the plans (pages Z-3.1 and Z-4) and on the simulated photographs, additional branches extending approximately 10 feet in length from the trunk shall be constructed to be similarly placed on the trunk (to the satisfaction of the Director) between 10 feet above ground level and twenty feet above ground level with branch spacing consistent with the branches above. The purpose of this condition is to ensure that the lowest branch on the monopine cell tower is below the current height of the immediately adjacent existing trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-30. An applicant shall submit a letter of substantial conformance, subject to field verification by the City Planner 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 priorto scheduling for the final inspection. PL-31. 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 City Planner. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditions/information B-1. 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. B-2. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. B-3. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 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 aimed not to shine directly upon adjoining property or public rights-of-way. B-4. 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. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. B-6. Show all building setbacks. B-7. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday-Friday from 6:30 a.m.-6:30 p.m. and Saturday from 7:00 a.m.- 6:30 p.m. No work is permitted on Sundays or Government Holidays. B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Prior to Submitting for Plan Review B-9. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. B-13. A pre-construction meeting is required with the building inspector prior to the start of building construction COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. CS-2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS-3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-2. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-3. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). RE LCOM realcomassoc.com April 22, 2009 City of Temecula Planning Department Attn: Betsy Lowrey, Junior Planner 43200 Business Park Drive Temecula, CA 92590 Re: Statement of Operations (Application No. PA08-0004) Dear Betsy: Here is an updated statement of operations for the proposed collocation onto the existing monopine at 31008 Rancho California Road (Application No. PA08-0004). STATEMENT OF OPERATIONS The proposed project site is located at 31008 Rancho California Road. The application proposes eighteen (18) new panel antennas (twelve (12) for Verizon Wireless and six (6) for Royal Street) on an existing monopine not to exceed sixty eight (68) feet in height (sixty (60) foot steel monopole "trunk", and approx five (5) foot long branches extending above the top of the "trunk"). Verizon Wireless' proposed radio equipment is to be placed adjacent to the monopine, in a 375 square foot fenced lease area. The equipment lease area is leased from Rancho California Water district and is located to the north of Rancho California Road, near the intersection of Meadows Parkway. Given the area-wide visibility of this site, Verizon Wireless will redesign the existing monopine to produce a high quality monopine which will camouflage the proposed and existing antennas. The high quality monopine will dramatically improve aesthetics and provide reliable and essential wireless services from antennas hidden within a realistic looking pine tree. The proposed facility has been redesigned to increase the number of faux pine branches from fifty three (53) to ninety (90) branches by adding thirty seven (37) additional branches. In addition to the additional branches, all fifty three (53) of the existing branches will be replaced with new faux branches with thicker needles to produce a full, natural looking pine tree capable of screening the existing and proposed antennas and mounting hardware. The antennas will have pine-needle antenna covers to increase camouflaging and all mounting hardware will be painted with a camouflage design. As shown in the latest set of photo simulations, the new and replacement branches will greatly improve the appearance of the monopine by filling out the canopy and camouflaging the antennas. The proposed changes will result in a net gain for the surrounding community with a dramatically improved appearance and improved access to essential wireless services. The subject property is owned by Rancho California Water District. Currently there are two water tanks and two existing wireless facilities on the property. The vegetation on the REALCOiul As ociales LLC a 621 SW Alder S1, S .i C 30 n a, .-Ae lon 47205 a p 503-241 0279 f 503 2,11 2204 www.realcomassoc.com property consists of shrubs, trees and ground cover. There appears to be very little animal life. There are no cultural, historic or scenic aspects on the property. Upon completion of construction of the facility, routine maintenance of the equipment is necessary and will be conducted on a schedule that is approximately one time per month. 1. Hours and days of Operation: Response: The wireless facility will operate 24 hours a day, 7 clays a week 2. Number of employees: Response: The proposed facility adll be unstaffed and operated remotely. 3. Number of required parking Response: No new parking spaces are required. 4. Average daily peak trips generated: Response: The proposed facility will not generate any traffic except for the monthly maintenance visits. 5. Type c?f equipment or processes used: Response: The propose facility will use panel antennas attached to the monopine and ground moturted radio equipment cabinets within the fenced area at the base of the monopine. 6 description ofhazardous materials (existing and new): Response: None known 7. Other descriptions that effectively describe the proposed use: Response: See above description. Please let me know if there are any questions regarding this Statement of Operations. Sincerely, REALCOM ASSOCIATES, LLC I wl~n- Paul Slotemaker, AICP Lane Use & Zoning Manager V" 1 -c-1 li- I f IGSSO~ TI . RE LCOM realcomassoc.com April 22, 2009 City of Temecula Planning Department Attn: Betsy Lowrey, Junior Planner 43200 Business Park Drive Temecula, CA 92590 Re: Statement of Justification (Application No. PA08-0004) Dear Betsy: Here is an updated statement of justification for the proposed collocation onto the existing monopine at 31008 Rancho California Road (Application No. PA08-0004). STATEMENT OF JUSTIFICATION The proposed project site is located at 31008 Rancho California Road. The application proposes eighteen (18) new panel antennas (twelve (12) for Verizon Wireless and six (6) for Royal Street) on an existing monopine not to exceed sixty eight (68) feet in height (sixty (60) foot steel monopole "trunk", and approx five (5) foot long branches extending above the top of the "trunk"). Verizon Wireless' proposed radio equipment is to be placed adjacent to the monopine, in a 375 square foot fenced lease area. The equipment lease area is leased from Rancho California Water district and is located to the north of Rancho California Road, near the intersection of Meadows Parkway. The subject property is owned by Rancho California Water District. Currently there are two water tanks and two existing wireless facilities on the property. The vegetation on the property consists of shrubs, trees and ground cover. There appears to be very little animal life. There are no cultural, historic or scenic aspects on the property. Upon completion of construction of the facility, routine maintenance of the equipment is necessary and will be conducted on a schedule that is approximately one time per month. 1. Is the site suitable and adequate for the proposed use? Response: Yes, there is an existing monopine with available space for collocation. 2. Would the proposed use and design have a substantial adverse effect on traffic circulation and on the planned capacity of the street system? Response: The proposed facility is unstaffed and will not generate traffic, with the exception of a monthly maintenance visit. REALCOiul As ociales LLC a 621 SW Alder S1, s .i C 30 I 'r lan i, gon 47205 a p 503-241 0279 f 503 2,11 2`04 www.realcomassoc.com 3. Would the proposed use have a substantial adverse impact on the general welfare ofpersons residing in the community? Response: The proposed collocation will not have an adverse impact on the general welfare of the community. The redesigned monopine and collocated facility will result in a positive impact on the general welfare of the community with improved aesthetics and access to emergency services. Given the area-wide visibility of this site, Verizon Wireless proposes to redesign the existing monopine to produce a high quality monopine which will camouflage the proposed and existing antennas. The high quality monopine will dramatically improve aesthetics and provide reliable and essential wireless services from antennas hidden within a realistic looking pine tree. The proposed facility has been redesigned to increase the number of faux pine branches from fifty three (53) to ninety (90) branches by adding thirty seven (37) additional branches. In addition to the additional branches, all fifty three (53) of the existing branches will be replaced with new faux branches with thicker needles to produce a full, natural looking pine tree capable of screening the existing and proposed antennas and mounting hardware. The antennas will have pine-needle antenna covers to increase camouflaging and all mounting hardware will be painted with a camouflage design. As shown in the latest set of photo simulations, the new and replacement branches will greatly improve the appearance of the monopine by filling out the canopy and camouflaging the antennas. The proposed changes will result in a net gain for the surrounding community with a dramatically improved appearance and improved access to essential wireless services. In addition to improved aesthetics, the proposed collocation will improve the general welfare of the community with improved connectivity and access to emergency services. The improved service provided by the proposed facility is designed to fill a gap in Verizon Wireless' network and ensure improved reliability and access to E911 and emergency services such as police, fire and medical responders who serve the area. This is particularly important when traditional landline phones are inaccessible or not working which is often the case for stranded motorists after a severe storm or earthquake, or as the result of other types of emergencies. Furthermore, law enforcement agents, neighborhood watch programs and individuals use wireless phones in emergency situations to improve emergency service with reduced notification times, improved response times, improved knowledge for emergency response teams and an increased number of life-saving outcomes. As a result, this facility will provide a net positive impact on the health, safety and general welfare for the area. Furthermore, many wireless customers believe that the use of their phones reduces the number of physical vehicle trips they must take in a typical REALCOM A,»ociaies LL.C ® 621 Alder Si. _ - ? aor 97205 ® p503-241-0279 f S03-241-2204 www.realcomassoc.com business day. As a result, the net effect of a wireless system upon a community is to slightly reduce traffic, reduce the likelihood of injuries due to traffic accidents, save energy by using less fuel, and reduce pollutions be reducing the amount of exhaust fumes. All of these things have a cumulative beneficial health impact on the area and in the community as a whole. Is the design of the project compatible with the existing and proposed development within the district and its surroundings? Response: The proposed collocation and redesigned rmonopine will be compatible with the existing and proposed development within the district and its surroundings. As stated earlier, the Verizon Wireless proposes to redesign the existing monopme to produce a high quality monopine which will camouflage the proposed and existing antennas. The high quality monopine will dramatically improve aesthetics and provide reliable and essential wireless services from antennas hidden within a realistic looking pine tree. The proposed facility has been redesigned to increase the number of faux pine branches from fifty three (53) to ninety (90) branches by adding thirty seven (37) additional branches. In addition to the additional branches, all fifty three (53) of the existing branches will be replaced with new faux branches with thicker needles to produce a full, natural looking pine tree capable of screening the existing and proposed antennas and mounting hardware. The antennas will have pine-needle antenna covers to increase camouflaging and all mounting hardware will be painted with a camouflage design. As shown in the latest set of photo simulations, the new and replacement branches will greatly improve the appearance of the monopine by filling out the canopy and camouflaging the antennas. The proposed changes will result in a net gain for the surrounding community with a dramatically improved appearance which will be compatible with the surrounding area and provide improved access to essential wireless services. Please let me know if there are any questions regarding this Statement of Justification. Sincerely, REALCOM ASSOCIATES, LLC Paul Slotemaker, AICP Lane Use & Zoning Manager RESOLUTION NO. 99-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98- 0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE, DISGUISED AS AN EVERGREEN PINE TREE ("MONOPINE") LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022. WHEREAS, Cox Communications PCS, LP. filed Planning Application No. PA98-0219, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA98-0219 was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director considered Planning Application No. PA98-0219 on November 12, 1998, 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 opposition to this matter; WHEREAS, the Planning Commission considered Planning Application No. PA98-0219 on December 16, 1998 and January 6, 1999, 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 opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission approved Planning Application No. PA98-0219; WHEREAS, the City Council conducted public hearings pertaining to Planning Application No. PA98-0219 (Conditional Use Permit - Appeal) on February 9, 1999, April 13, 1999; May 25, 1999 and June 8, 1999, at which time interested persons had opportunity to, and did testify either in support or opposition to Planning Application No. PA98-0219; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Reports regarding Planning Application No. PA98-0219; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS; Resas 9947 Section 1. Findungs. That City Council, in denying Planning Application No. PA98- 0219 (Conditional Use Permit - Appeal) and upholding the Planning Commission's decision approving Planning Application No. PA98-0219 (Conditional Use Permit) hereby makes the following findings as required by Section 17.05.010.F of the Temecula Municipal Code; A. The proposed conditional use is consistent with the General Plan and the Development Code. The PCS facility qualifies as a public utility, which is a use permitted by Conditional Use Permit in the Public Institutional zone. The General Plan encourages the clustering of public and institutional facilities to the extent possible in both residential or non- residential land use designations. The existing Pacific Bell installation and water tanks at the site provide such an area. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project is compatible with the existing public facilities already at the site. The design of the facilities have been modified to be compatible with adjacent residential uses. There is no demonstrated evidence that wireless communication systems adversely affect adjacent residences. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or Council in order to integrate the use with other uses in the neighborhood. The applicant has revised the design of the monopole to simulate a pine tree - and has provided six Italian Pine trees, 48" box in size, on both the north and south slopes of the site, to assist in the disguise of the "monopine." D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 1980's and as a result, several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Study and after study concluded that there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 tireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts state and local government regulation of the placement, construction, and modifications of wireless service facilities on the basis of environmental effects. The City Attorney has recommended that the project be conditioned to provide annual evidence of recertification by the FCC, in order to ensure compliance with the FCC's regulations and standards. Condition of Approval No. 9 has been included to require this. E. The decision to approve, conditionally approve, or deny the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the City Council. Section 2. Environmental Compliance. The project qualifies under the California Environmental Quality Act (CEQA) for a Categorical Exemption under Section 15301 Existing Facilities, Class 1 (b), because it is a minor alteration of an existing facility, involving negligible expansion of use beyond that previously existing, in order to provide telecommunications service. Resos 9947 2 Section 3. Conditions. That the City of Temecula City Council hereby conditionally approves Planning Application No. PA98-0219 (Conditional Use Permit) to construct a wireless Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted atop a 60-foot high monopole, disguised as an evergreen pine tree Crnonopine") located at the Rancho California Water District water tank site at 3100 Rancho California Road, and known as Assessor's Parcel No. 953-060-022, and subject to the project specific conditions set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED, AND ADOPTED, by the Cit~'C,Duncil of the City of Temecula this 8th day of June, 1999. ~ L ATTEST: 4.ar-r' ~-7f6G Susan . Jone,CMC City C rk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 99-47 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 8th day of June, 1999, by the following vote: AYES: 4 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Ford NOES: 1 COUNCILMEMBERS: Stone ABSTAIN: 0 COUNCILMEMBERS: None A ~ san W. J nes, CMC City Clerk Resos 99-47 CITY OF TEMECULA CONDITIONS OF APPROVAL Revised by City Council June 8, 1999 Planning Application No. PA98-0219 (Conditional Use Permit) Project Description: A Conditional Use Permit to construct and operate an unmanned telecommunications PCS facility, at the Rancho California Water District tank site, 3100 Rancho California Road, consisting of: 1. Three (3) four-antenna arrays mounted onto a new 60-foot high monopole disguised to look like an evergreen tree ("monotree") 2. A ground-mounted Base Transceiver Station (BTS) within equipment cabinets behind a six-foot high chain link fence with barbed wires above and with vinyl slat inserts (color to match existing water tanks) 3. An 18-inch high GPS antenna mounted to the BTS power cabinet. Assessor's Parcel No. 953-060-022 Approval Date: June 8, 1999 Expiration Date: June 8, 2001 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicanUdeveloper shall deliver to the Planning Department a cashier's check or money.order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under 'Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. . If within said forty-eight (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). General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own V selection, 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 from any and all claims, actions, awards, judgements, or proceedings against 'the City to attack, set aside, void, annul, seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approvai'of the City, or any agency or instrumentality-thereof, advisory agency, appeal RASTAFFRPWl 9pa98AC STAFFRPT•Appeal 6-8.99.doa ' 7 board or legislative body including actions approved by the voters of the City, concerning the Planning Application. City shall promptly notify the 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 its right.to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. 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 Planning 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 the approval. 4. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's V Development Code. 5. The permittee shall obtain City approval for any modifications or revisions to the approval of this Conditional Use Permit. V, 6. The development of the premises shall conform substantially with Exhibit "A" Site Plan, Exhibit "B" Elevations, Exhibit "C" Equipment Layout, and Exhibit "D" Details approved with V Planning Application No. PA98-0219, or as amended by these conditions. 7. The monopole shalt be designed, constructed, and installed in a manner that would allow for the co-location of additional antenna arrays. The maximum monopole height allowed by this resolution of approvafmay be altered to accommodate co4ocation, by no more than ✓ 20%. All necessary and appropriate plans and specifications shall be submitted for the review and approval of the City Building Official (Added by the City Council on June 8, 1999) 8. The applicant shall cooperate with efforts initiated by the City to co-locate the existing Pacific Bell facility onto the proposed pole, and the removal of the Pacific Bell pole at the site. The applicant shalt use his best efforts, for a period not less than ninety (90) business days,: to cause Pacific Bell to relocate its existing wireless antenna array on the parcel to the applicant's monopole, and to cause the removal of the Pacific Bell monopole. Such t/ effort shall include, but not be limited to, offering of commercially reasonable terms and provision of commercially reasonable terms and provision of commercially necessary access to the site. The applicant: shall report to the City its progress on a bi-weekly basis and shall provide to the. Planning Manager copies of any and all communications dispatched to or received from Pacific Bell as regards to this matter. (Added by the City Council on June 8, 1999) 9. In the event that technological advances make the proposed facility obsolete and no longer in use, the applicant shall remove the pole and all ground-mounted equipment at his sole expense. (Added by the City Council on June 8, 1999) R:%STAFFRPWI9pa98.CC STAFFRPT-Appeal 6.8-99.doc 10. The applicant shall, if reasonable commercially and technically feasible, relocate its antenna array from the monopole approved by this resolution, remove the monopole and relocate the wireless antenna array and ground-mounted equipment to a City-owned or sponsored monopole or similar device, as such time that the City may design and construct the same. The purpose of this condition is to provide for the implementation of a proposed City-owned, ✓ City-wide co-location plan. Applicant's obligation to participate shall arise at the time City may construct such support structure. The applicant shall be obligated to demonstrate why it is not commercially or technically feasible to locate the antenna array onto the City's support structure, if that is the case. The applicant agrees that it will relocate its antenna array to the City's support structure except and unless reasonable, technical circumstances exist that would reduce the effectiveness of the then existing configuration. (Added by City Council on June 8, 1999) Prior to the Issuance of a Building Permit: 11. The applicant shall submit for review and approval by the Planning Manager a revised elevation of the proposed monopine that shows additional limbs disbursed throughout the ✓ height of the pole, starting at 20 feet from the base, and which taper as the limbs approach the highest point. 12.; The applicant shall submit for review and approval Construction Landscape and Irrigation Plans. 13. Three (3) Italian Stone Pine trees shall be installed at a minimum of 3r} 48" boxed size, on the north side of the site in accordance with approved plans, and on the south side of the site. The applicant shall submit a revised plan that locates the three trees on the south side of the site to the Planning Manager for review and approval prior to installation. (Amended by City Council, April 13, 1999) 14. All electrical wiring associated with the antenna shall be buried underground or hidden in a manner acceptable to the Building Official. 15.. The antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate grounding method approve by the City of Temecula. Building Official. 16. Installation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building official. Prior to the Issuance of a Certificate of Occupancy: 17. The.applicant shall replace any landscaping removed or damaged during the installation of equipment. 18. The applicant shall submit to the Planning Manager a copy of the annual recertification document issued by the Federal Communications, Commission (FCC) that ensures compliance of the project with its standards and regulations. The applicant shall ensure that proposed structures maintain their appearance as approved kASTAFFRPT219pa98.CC STAFFRPT-Appeal 6-8-99.doc - J .i - t by the City Council and authorized by this resolution of approval of Planning Application No. PA98-0219, to the satisfaction of the Planning Manager. The project is subject to not less than annual review by City staff for a two year period. Upon written request of the Planning Manager any repair, maintenance or rehabilitation shall be promptly undertaken and completed by the applicant. (Amended by the City Council on June 8, 1999) DEPARTMENT OF BUILDING AND SAFETY 20. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code;.Califomia Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 21_. Submit at time of plan review complete exterior site lighting plans for'any new fixtures in .compliance with Ordinance No. 655 for the regulation of light pollution. 22. Obtain all building plan and permit approvals prior to commencement of any construction work. 23. The Occupancy classification of the proposed buildings shall be U. 24. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 25. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 26. Provide electrical plan including load calcs and panel schedule for plan review. OTHER AGENCIES 27. The applicant shall comply with the requirements of the Rancho California Water District, as noted in their correspondence dated June 9, 1998 attached. 28. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as .noted in their correspondence •dated June 19, 1998 attached. 29. The applicant shall comply with the requirements of the Riverside County Department of Environmental Health, as noted in their correspondence dated June 2, 1998 attached. , By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Community-Development Department approval. 412 37loq Applicant's Signature Date R9STAFFRPP219pa98.CC STAFFRPT-Appeal 64i-99.doc 10 City of Temee Community Development Department 43200 Business Park Drive • Temecula • CA • 92590 P.O. Box 9033, Temecula • CA • 92589-9033 (909) 694-6400 • FAR (909) 694-6477 Appeal Dale Slump Original Cam Number(S) PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) A. PURPOCF The purpose of the appeal procedure is to provide a method of recourse for persons aggrieved by or dissatisfied with an action taken by an administrative agency of the City in the administration or enforcement of any provisions of the Development Code. B. F112RFOUIRFMFNTS 1. Development Application. 2. Appeal Form. . 3. Filing Fee. C. I30TICE OF APPFQI _ T 7 rT A notice of an appeal by any individual who is aggrieved by or dissatisfied with a decision made by him or in his behalf, or with any action, order, requirement, decision or determination shall not be acted upon unless filed within fifteen (15) calendar days after service of written notice of the decision. D. NOTICE OF APPFA . - CONTFNTC Appealing the decision of.. Planning Commission on January 6, 1999. (Specify Director of planning or Planning Commission AND Action Date) Specify exactly What is being appealed; Decision of approval. R: V~PUC\.1PP.MP 7/16/97 . 2 Reason or justification to support the appeal. Appellant must submit with this appeal each issue which the appellant alleges was wrongly determined together with every agreement and a copy of every item of evidence. (Attach separate sheet of paper if necessary). The application raises a number of important land use issues which Rhou7d be decided by the City Council. Desired action to be taken: _ I express no opinion either in favor of or in opposition to the application or the Conditions of Approval and will fairly consider all of the information presented by the applicant and the community. In the event any Notice of Appeal applicant fails to answer any information set forth above, then N the request will be returned to the appellant, with a statement of the deficiencies. The appellant II shall be allowed five 5 calendar days in which to refile the notice of anneal. A:\[AMVMAPPUC\AFP.APP 7/16/97 A CITY OF TEMECULA MEMORANDUM TO: City Clerk FROM: Councilmember Karel Lindemans DATE: January 12, 1999 i SUBJECT: Appeal of Planning Commission Decision of January 6, 1999 Concerning Cox Communications PCS Facility (PA98-219) Pursuant to the provisions of Section 17.03.090 of the Temecula Municipal Code, I appeal the Planning Commission Decision of January 6, 1999 approving the conditional use permit for the proposed Cox Communications PCS facility (PA98-219). The basis of my appeal is that this application raises a number of important land use issues, which should be decided by the City Council. I express no opinion either in favor of or in opposition to the application or the conditions of approval and will fairly consider all of the information presented by the Applicant and the community. _ Karel F. Lindemans Councilmember R: ILETTERSIMEMO • APPEAL FROM COUNGLMEMBER.OOC 1114199 CITY OF TEMECULA • City Council Agenda Item PlacenOt Submittal Date: 1114199 TO: City Clerk's Department s FROM: Carole Donahoe, Planning Department Please place the following item on the City Council Agenda of February 9, 1999. ITEM TITLE: Appeal of Planning Commission Decision on Planning Application No. PA98-0219 (Conditional Use Permit) approving a Cox Communications PCS Facility at the Rancho California Water District water tank at 3100 Rancho California Road RECOMMENDED ACTION: Denial of the Appeal PLACE ITEM UNDER THE FOLLOWING HEADING: ® City Council ❑ CSD ❑ RDA ❑ Presentations & Proclamations ❑ Business ❑ Consent Calendar ® Public Hearings'* ❑ Closed Session **If a public hearing is required, the Public Hearing Notice must be provided by the initiating department to the City Clerk's department by Friday at noon, two and one half weeks prior to the date of the City Council meeting, with envelopes addressed to all property owners required by law to be noticed, a certified mailing list, and sufficient postage. If there are special noticing requirements, provide that information on a separate sheet. xxxx xxxx*xxxxx xxx xxxx Please send copy of Agenda and Agenda Report to: (ie, applicant, claimant, appellant, interested persons) Name: Louis LeDoux Address: 32004 Merlot Crest, Temecula 92591 Name: TDI, John Murphy Address: 3150 Bristol St., #250, Costa Mesa, CA 92626 Name: Greg Morrison, Stoorza Ziegaus & Metzger, 3403 Tenth St., Ste. 810, Riverside, 92501 (Attached separate sheet, if necessary) Standan:AAgenda Placement Notice of Public Hearing THE CITY OF TEMECULA 43200 Business Park Drive, Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No: Planning Application No. PA98-0219 (Conditional Use Permit) Appeal Appellant: Councilmember Lindemans Applicant: Cox Communications PCS, L.P. Location: On the Rancho California Water District water tank siteat 3100 Rancho California Road, north of Rancho California Road, west of Butterfield Stage Road, east of Meadows Parkway, and south of La Serena Way Proposal: To construct a wireless Personal Communications System (PCS) facility consisting of twelve (12) panel antennas, one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a Base Transceiver Station (BTS) unit and other electronic and battery equipment. The antennas will be mounted atop a 60-foot high monopole disguised as an evergreen pine tree ("monopine"). Environmental Action: Exemption Any person may submit written comments to the City Council before the hearing(s) or may appear and be heard in support of or 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(s) described in this notice, or in written correspondences delivered to the City Clerk at, or prior to, the public hearing(s). The proposed project application(s) may be viewed at the public information counter, Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 9:00 AM until 4:00 PM. Questions concerning the project(s) may be addressed to Carole Donahoe, City of Temecula Planning Department, (909) 694-6400. PLACE OF HEARING City Council Chambers 43200 Business Park Drive Temecula. California 92590 DATE OF HEARING February 9. 1999 TIME OF HEARING 7:00 PM 6 I . by the City Council and authorized by this resolution of approval of Planning Application No. PA98-0219, to the satisfaction of the Planning Manager. The project is subject to not less than annual review by City staff for a two year period. Upon written request of the Planning Manager any repair, maintenance or rehabilitation shaii be promptly undertaken and completed by the applicant. (Amended by the City Council on June 8, 1999) DEPARTMENT OF BUILDING AND SAFETY 20. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code;.California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 21_. Submit at time of plan review complete exterior site lighting plans for any new fixtures in compliance with Ordinance No. 655 for the regulation of light pollution. 22. Obtain all building plan and permit approvals prior to commencement of any construction work. 23. The Occupancy classification of the proposed buildings shall be U: 24. Provide house electrical meter provisions for power for the operation of exterior lighting, fire alarm systems. 25. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 26. Provide electrical plan including load calcs and panel schedule for plan review. OTHER AGENCIES 27. The applicant shall comply with the requirements of the Rancho California Water District, as noted in their correspondence dated June 9, 1998 attached. 28. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as .noted in their" correspondence •dated June 19; 1998 attached. 29. The applicant shall comply with the requirements of the Riverside County Department of Environmental Health, as noted in their correspondence dated June 2, 1998 attached. , i By placing my signature below, I confirm that I have read, I understand and I accept all the above mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these Conditions of Approval and that any changes I may wish to make to the project shall be subject to Comm uunity-Development Department approval. Applicant's Signature R9STAFFRPTU19pa98.CCSTAFFRPT-Appeal6.8.99.doc 10 61s/G Date MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING DIRECTOR NOVEMBER 129 1998 A regular meeting of the City of Temecula Planning Director was called to order on Thursday, November 12, 1998 at 1:30 PM, at the City of Temecula Main Conference Room, 43200 Business Park Drive, Temecula, California. Senior Planner Matthew Fagan presiding. Also present were Project Planner Carole Donahoe and Minute Clerk Cathy Davis. 1., Planning Application No. PA98-0219 (Minor Conditional Use Permit) Project Planner Carole Donahoe presented the staff report for PA98-0219 (Minor Conditional Use Permit) to construct a wireless PCS facility consisting of a twelve (12) panel antenna mounted atop a 65-foot tall monopole constructed to simulate a pine tree ("monopine"), one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a base transceiver station (BTS) unit and other electronic and battery equipment located at the Rancho California Water District water tank site at 3100 Rancho California Road, on the north side of Ranch California Road, between Butterfield Stage Road and Meadows. Parkway, and south of La Serena Way. Senior Planner Matthew Fagan opened the public hearing at 1:45 PM. Richard Zolla, 32020 Merlot Crest, Temecula spoke in opposition to the project. He stated that he felt there is a lot of undeveloped areas and this could be located somewhere else. Shawn Bierle, 32016 Merlot Crest, Temecula spoke in opposition to the project due to health concerns. Frank DiGiacomo, 32032 Merlot Crest, Temecula spoke in opposition to the project due to health concerns. Louis LeDoux, 32004 Merlot Crest, Temecula spoke in opposition for to project due to health hazards and EMS emissions. He would like further study and proof that this type of monopole is safe. Leo Finegold, 32036 Merlot Crest, Temecula spoke in opposition to the project due to lack of notice and not enough time to research possible health concerns. He also suggested some different locations. Senior Planner Matthew Fagan closed the public hearing at 2:23 PM. An additional condition was added to the Conditions of Approval. Applicant is to ensure that the mono-tree is periodically maintained in order to retain the color and materials as approved. RWRMWIRNFAR.MIN 11118nSUb 0 Applicant Adan Madrid, TDI, Inc., 3150 Bristol Street, Suite 250, Costa Mesa, CA concurred with the modified Conditions of Approval. Senior Planner Matthew Fagan continued this matter to a noticed Planning Commission meeting for the following reasons: 1. Requests from homeowners for time to further study the issues. 2. Requests from homeowners for additional information regarding EMFs 3. Requests from homeowners for additional exhibits such as line of sight 4. Requests from homeowners to hold a hearing at a more convenient time for residents who work. The meeting was adjourned at 2:23 P.M. Matthew F ,KVISenior Planner RiFORM51DIRHEAR.MD7 11/18/98 klb 0 MINUTES OF A REGULAR MEETING r OF THE CITY OF TEMECULA PLANNING COMMISSION DECEMBER 16, 1998 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, December 16, 1998, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners Guerriero', Naggar, Soltysiak, Webster", and Chairwoman Slaven. Absent: None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Curley, Senior Planner Fagan, Senior Planner Hogan, Project Planner Donahoe, and Minute Clerk Hansen. '(Having to abstain with regard to Agenda Item Nos. 3 and 4, Commissioner Guemero left the meeting at 6:49 P.M., and having to abstain with regard to Agenda Item No. 4, Commissioner Webster left the meeting at 7:01 P.M.) PUBLIC COMMENTS No comments. COMMISSION BUSINESS 1. Approval of Agenda MOTION: Commissioner Nagger moved to approve the agenda. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. 2. Circulation Element Overview Presentation by Bob Davis Wilbur Smith Associates Senior Planner Fagan clarified the purpose of the Circulation Element Update, noting that the General Plan was adopted in 1993, with the existing Circulation Element; noted, however, with the rapid growth in the City, staff was directed to update the Circulation Element, specifying that the Circulation Element is part of the General Plan; relayed that staff has identted a circulation altemative based on the current land uses in the City; noted that a Steering 0 4. Planning Application No. PA98-0219 (Minor Conditional Use Permit) Request to construct a wireless PCS facility consisting of a twelve (12) panel antenna mounted atop a 65-foot tall monopole constructed to simulate a pine tree ("monopine"), one (1) Global Positioning System (GPS) antenna, and six (6) cabinets housing a base transceiver station (BTS) unit and other electronic and battery equipment. It is recommended by the Planning Department that the Planning Commission approve the request. Commissioner Webster advised that he would be abstaining with regard to this Agenda Item, and, therefore, left the meeting at 7:01 P.M., per Attorney Curley's counsel. By way of renderings, Project Planner Donahoe presented the staff report (of record), noting that the site currently maintains two existing above-ground water tanks, as well as, a Pacific Bell 50-foot high monopole; relayed that when the application was submitted in May of 1998, although there was opposition from the Chardonnay Hills Homeowners Association, the applicant met with the representative for Chardonnay Hills, and staff, to discuss the project; noted that the applicant did research alternative locations for the PCS facility and analyzed the monopole height which resulted in the proposed project presented at this site with a lowered height at 60', disguised as a pine tree, with the addition of three additional Italian Pine trees for visual aesthetic purposes; relayed that at the November, 1998, Directors Hearing, five homeowners, from the adjacent housing tract, spoke in opposition of the project, noting their primary concern was the EMF (electromagnetic field) emissions, and requested that the matter be continued to a hearing at a more convenient time. Ms. Donahoe advised that this project, with regard to the EMF (electromagnetic fields) is well below the exposure standards that the FCC (Federal Communication Commission) has set; for Commissioner Naggar, specified the exact proposed location of the monopine; for Chairwoman Slaven, identified the location of the proposed chain-linked fence, adjacent to the existing RCWD (Rancho California Water District) chain-linked fence with existing barbed wire, noting that a line-of-sight test was done revealing that the proposed chain-linked fence will not be visible form the homes on Merlot Crest; and advised that the City's Landscape Architect is recommending that a condition be added requiring three additional 36-inch box pine trees to be installed. Mr. John Murphy, representing the applicant, clarified that the applicant has met all the standards setforth by the City, and noted that staff has made a Finding indicating that the proposed project is not detrimental to the health, safety, and welfare of the community. Mr. Greg Morrision, representing the applicant, presented a branch, noting the specifications of the construction of the Slaven, relayed that although the tree. lasts from eight to conditioned to have the applicant periodically refurbish the noted that the applicant would be agreeable to conditioning branches to the monopole. display sample of the monopine monopine tree; for Chairwoman ten years, the project could be monopine for maintenance; and the project to adding additional 4 • 0 Dr. Jerrold T. Bushberg, Clinical Associate Professor of Radiology at UC Davis, representing the applicant, presented the EMF emission exposure standards of safety, set by the FCC, noting that they are 50 times lower than the minimal level thought to be dangerous, at exposure rates of 24 hours a day, 365 days a year; noting that this particular project is approximately 50,000 times less than the level thought to be potentially hazardous; specified that the broadcast energy levels, specifically aimed toward the horizon, release a small amount of energy level at ground level; relayed the EMF standards world-wide; for informational purposes, clarified that the levels of emissions from a baby monitor would be ten times greater than the emissions of exposure at the proposed site. Dr. Bushberg advised, for Chairwoman Slaven, that this particular type of exposure has been in existence for over four decades, and that although the cumulative effects of multiple antennas would be additive, the emissions would still be below the safety standard; for Commissioner Nagger, clarified that EMF emissions can cause harm, like any agent (i.e., water) and would depend upon the dosage; specified that the safety standard set represents a general consensus of scientific opinion, noting that relative to the height and level of emissions, an adjacent neighbor could be on his roof 24 hours a day, 365 days a year and be safe from harm; advised that if the system malfunctioned, the broadcast levels would lessen; and noted that the levels of emissions from cellular phones are hundreds of times higher than the emissions from the proposed project. The following individuals spoke in opposition to the proposed project: Mr. Larry LeDoux Mr. Shawn Bierle Mr. Frank DiGiacomo Mr. Merle Campbell - Mr. Leo Finegold - 32004 Merlot Crest - 32016 Merlot Crest - 32032 Merlot Crest - 32027 Merlot Crest - 32036 Merlot Crest A petition was submitted in opposition of the project with 28 signatures, encompassing 17 of the 20 adjacent residences. The above-mentioned individuals spoke in opposition to the proposed project, recommending to the Commission denial or postponement of the issue, for the following reasons: documentation and data presented warning against prolonged exposure to EMF, noting that the information on the subject is inconclusive concern with regard to the long-term effects of EMF on unborn babies the location of the proposed site, recommended siting away from residential areas concern with more antennas at a future point in time being installed concerned with government standards, determining a matter is safe, and then at a later point in time, issuing a warning of hazard on the same matter requested documentation from the American Cancer or Heart Association on EMF • • Dr. Bushberg addressed the concerns and questions of the community and the Commission, as follows: clarified that the documentation provided by Mr. Bierle almost conclusively focused on powerline electric and magnetic fields, not radiowave emissions from telecommunication facilities (the issue at hand), noting that the electromagnetic field emissions from telecommunication radiowaves are non- ionizing, versus the aforementioned, which are ionizing for Chairwoman Slaven, clarified that radiowaves could be divided into ionizing and non-ionizing radiowaves, noting that non-ionizing radiowaves at the threshold levels maintained below a certain level are non-carcinogenic, echoed by a consensus of national and international scientific data, yielding safety at this particular project, with exposure at these levels, 24 hours a day, 365 days a year noted that the scientific body chartered by Congress, and other scientific data, have detailed the effects of EMF, advising that there is pertinent conclusive information on EMF with regard to the effect on pace-makers, advised that there are no negative effects from telecommunication towers due to the low levels emitted presented, by way of overheads, documentation from the American Cancer Society, noting that non-ionizing radiation at such low levels is not a carcinogen For Chairwoman Slaven, Mr. Murphy noted that the applicant executed three search ranges, considering alternative sites, noting that the criteria for siting a location is based on a location concentrated on a main transportation corridor, utilizing public utilities sites. Initially, the Commission expressed their comments on the proposed project, as follows: Commissioner Nagger relayed that since he was not completely knowledgeable on the technical aspects of the hazards associated with the EMF emissions, and since the data appeared inconclusive, he would vote in favor of the residents' concerns, opposing the project. In contrast, Commissioner Soltysiak, noted that since the residents located their residences, with full disclosure, adjacent to an existing similar facility, and since the area is zoned for such facilities, he would accept the staff recommendation and vote in favor of the project. Chairwoman Slaven noted her concurrence with Commissioner Naggaes comments, further commenting that the quality of life included living without fear, and since the residents have expressed grave concerns with the EMF emissions, she could not support the project, suggesting that the applicant site another location, away from residential areas. Attorney Curley clarified that since the Federal Communication Act of 1996, expressly considered the environmental effects that it is not in our jurisdiction to base the criteria of the land use findings on the EMF emissions, due to the aforementioned preemption, noting that the Public Utilities Commission could override a decision, if based upon the stated criteria; advised that this determination has been made due to the technical nature of the informational data. Commissioner Nagger requested provision of information on case law involving cellular facilities and the regulation that specify or limit the Commission's action. Planning Manager Ubnoske relayed that the adjacent neighbors could have investigated and determined that their property is located adjacent to a public utility site, noting that the existing Pacific Bell monopole was at the site, prior to the residents locating there. Project Planner Donahoe advised that although the data was not currently available, the applicant did explore other sites, as stated in the staff presentation. Chairwoman Slaven suggested continuing the matter to obtain information supporting the location site and, whether, or not, there is another location which would provide equivalent service. Based on community input, Mr. Murphy, representing the applicant, was agreeable to obtaining the data and research for location siting and investigating any identifiable alternative sites. MOTION: Commissioner Nagger moved to close the public hearing; and moved to continue the matter to the January 6, 1999, Planning Commission meeting, for the aforementioned reasons. The motion was seconded by Chairwoman Slaven and voice vote reflected unanimous approval with the exception of Commissioners Guerriero and Webster who abstained. PLANNING MANAGER'S REPORT A. With regard to Dr. John Husing's Economic Development Strategy report, it was noted that if the Commission had questions, Assistant City Manager O'Grady could address those issues at a Planning Commission meeting. B. With regard to the parking of trucks along Diaz Road, it was noted that Code Enforcement has referred the matter to the Police Department. COMMISSIONER REPORTS No comments. MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION JANUARY 6,1999 CALL TO ORDER The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, January 6,1999, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ROLL CALL Present: Commissioners GuenieW, Naggar, Soltysiak, Webster*, and Chairwoman Slaven. Absent None. Also Present: Planning Manager Ubnoske, Deputy Director of Public Works Parks, Attorney Curley, Senior Planner Fagan, Associate Planner Donahoe, Project Planner Thomsley, and Minute Clerk Hansen. "(Having to abstain with regard to Agenda Item No. 4, Commissioners Guerriero and Webster left the dais at 6:45 P.M.) PUBLIC COMMENTS Mr. Charley Black, 42896 Via Alhamu, queried the City's minimum lot size for Industrial businesses at 40,000 square feet (per submitted detailed material), expressing concern for developers and industrial businesses desirous of development in Temecula on a smaller scale. Chairwoman Steven acknowledged that she had received the submitted material; suggested that Mr. Black set up an appointment with Planning Manager Ubnoske; and thanked Mr. Black for his comments. COMMISSION BUSINESS 1. Approval of Agenda Due to Commissioners Webster's and Guerrieri s need to abstain with regard to Agenda Item No. 4, Chairwoman Slaven recommended that the Commission considerAgenda Item No. 5 first MOTION: Commissioner Naggar moved to approve the agenda, as amended. The motion was seconded by Commissioner Webster and voice vote reflected unanimous approval. PC RESOLUTION NO. 99-001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98.0469 (DEVELOPMENT PLAN) FOR THE DESIGN AND CONSTRUCTION OF A50,050 SQUARE FOOT INDUSTRIAL BUILDING (TILT-UP CONCRETE) ON A 2.71 ACRE LOT; LOCATED AT THE END OF COLTCOURT SOUTH OF THE INTERSECTION OF COLT COURT AND WINCHESTER ROAD, KNOWN AS PARCELS 3 AND 4 OF PM 28471.1 AND ASSESSOR'S PARCEL NOS. 909.360-003 AND 004. modi Condition No. 6 to include additional sandblasting and reveals on the architectural elevations per staff recommendation Condition No. 16, section C, to not replace the Deodar Cedar tree per staff recommendation The motion was seconded by Commissioner Soitysiak and voice vote reflected unanimous approval. At this time, Agenda Item No. 4 was heard. 4. Plannina Application No. PA98.0219 (Minor Conditional Use Perm) Request to construct a wireless PCS facility consisting of a twelve (12) panel antenna mounted atop a 60-foot monopole constructed to simulate a pine tree ("monopine"), one (1) Global Positioning System (GAS) antenna, and six (6) cabinets housing a base transceiver station (BTS) unit and other electronic and battery equipment. it is recommended by the Planning Department that the Planning Commission approve the request Commissioners Webster and Guerriero advised that they would be abstaining with regard to this Agenda Item and, therefore, left the dais 6:45 P.M. Associate Planner Donahoe presented the staff report (of record); relayed that the provision of the information the Commission requested regarding this postponed matter atthe December 16,1999 Planning Commission meeting has been provided, specifically, additional data on case law pertaining to cellular facilities, via agenda material, and the summary of location site research material, via supplemental agenda material; and relayed that the Conditions of Approval have been amended per Commission input at the December 16, 1999 meeting. Mr. Greg Morrison, representing the applicant, addressed the health concerns associated with this project, presenting data from the American Cancer Society, clarifying that non-ionizing radiation (i.e., radio frequency waves) is not a carcinogen and does not promote the growth of cancer once it has started; by way of overheads, presented a detailed overview of the site selection process, the criteria used to determine potential site locations, and the rationale for the present proposed site plan (per supplemental agenda material). • Mr. Paul Gonzalez, representing RCWD (Rancho California Water District), provided a brief summary of District Policy regarding public posting of the proposed project, noting that this particular project was noticed three times; advised that the revenue generated from this proposed project will offset rate increases; and relayed that RCWD has corresponded with Larry LeDoux, a concerned public member, inviting him to attend the RCWD Board meetings, and advising that RCWD would specifically notice him regarding any future applications for additional antennas at this particular site. The following individuals spoke in opposition to the proposed project, primarily due to health concerns associated with the radiowave emissions from the monopole: Shawn Biede 32016 Medot Crest Terry Hood 32040 Merlot Crest Robert Rasband 32044 Medot Crest Chairwoman Steven dosed the public hearing. Attorney Curley advised that although the Commission had latitude regarding the typical land-use determination, there were limitations regarding the Commission's action with regard to this particularproject (specified in the agenda material); clarified Conditional Use Permits; reiterated the Findings for this particular project in the staff report; relayed that the Commission's decision must be based on substantial evidence regarding those particular Findings; advised that with regard to the land-use decision, due to the FCC (Federal Communication Commission) regulations, the Commission cannot deny the project based on the radio frequency wave concerns; and dared the PUC's (Public Utility Commission) state constitutional ability to override the City's governing body's decision if the decision negatively affects its charge to ensure facilitation of the public telecommunication system. Commissioner Nagger expressed difficulty voting on this particular project, noting that he had researched the legal information Attorney Curley had provided; commended the applicants diligence and efforts to cooperate with the community; advised that in light of the tremendous negative community input relayed his vote would not be in favor of the project, due to the negative impact on the neighborhood; his denial of the project would be based on the following: 1) inconsistency with the General Plan 2) incompatibility with the adjacent use, and 3) detrimental to the general welfare of the community. Commissioner Sollysiak expressed that although he had compassion for the community's noted concern, since there was deafly a visible existing similar facility on the proposed site plan (noting its existence prior to the adjacent construction of the homes), and the fact that the clustering of such facilitates is encouryaged, and in light of the presented documented rationale for the proposed site location, he would support the project Chairwoman Slaven dared the rationale for continuing the project at the December 16, 1999 Planning Commission meeting; noted that the Commission's charge had been clarified to make a determination based on the Findings (of record) reiterated by Attorney Curley, operating under the Laws of the State of California; for informational purposes, queried the compatibility of the building of a residential area next to the existing facility; relayed that the proposed site plan will be aesthetically pleasing, and an improvement of the existing use, and in light of the legal constraints and requirements of the Commission, she would support the project MOTION: Commissioner Sollysiak moved to close the public hearing; adopt a Notice of Exemption for Planning Application No. PA98-0219; and adopt Resolution No. 99.002 approving Planning Application No. PA98-0219 (Condition Use Permit) based upon the Analysis and Findings contained in the Staff Report, subject to the amended Conditions of Approval. PC RESOLUTION NO. 99-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA98.0219 (CONDITIONAL USE PERMIT), TO CONSTRUCT A WIRELESS PCS FACILITY CONSISTING OFTWELVE PANELANTENNAS MOUNTEDATOPA60- FOOT MONOPOLE, A GPS ANTENNA AND SIX CABINETS HOUSING A BTS UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT, LOCATED ATTHE RCWD WATERTANK SITE, 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022 The motion was seconded by Chairwoman Slaven and voice vote reflected unanimous approval with the exception of Commissioner Naggar who voted no, and Commissioners Guerdero and Webster who abstained. PLANNING MANAGER'S REPORT A. Planning Manager Ubnoske noted that since at the January 20, 1999, Planning Commission meeting Mr. Bob Davis will be presenting the Traffic Circulation Update, the Commission could submit specific concems and questions prior to the meeting for submittal to Mr. Davis. Commissioner Naggai's desire for the provision of a glossary of terms at the meeting was noted. B. It was noted that since staff is reviewing the Wolf Valley Ranch and War Paw Ranch areas, the Commission could anticipate workshops associated with the aforementioned areas. C. Chairwoman Slaven noted that since she was going out of town on Friday, January 8, 1999, she would appreciate the receipt of any material forthe upcoming Planning Commission Meeting for review priorto herdeparture. COMMISSIONER REPORTS A. Chairwoman Siaven noted that the American Planning Association is hosting a one-day conference on an upcoming Saturday, relaying that these conferences areinformative andenjoyable. Planning Manager Ubnoske relayed that she would note Commissioner Naggar's desire to attend the conference. B. With regard to Mr. Black's submittal (see page 1, under Public Comments forreference), Ms. Ubnoske noted, for Chairwoman Slaven, thatstaff has been in contactwith Mr. Black, and appreciated the additional information submitted, relaying that staff will continue to communicate with Mr. Black. C. For CommissionerSollysiak, Attorney Curley noted that although the next Planning Commission meeting will be a workshop that the requirement of public comments must be maintained; however, stated that it would be limited to the time allotted to public comments at the onset of the meeting. D. For Commissioner Soltysiak, with regard to the language of the Design Guidelines, specfically, concerning conformance of the architectural standard for specific uses, Planning Manager Ubnoske noted that staff could investigate and expand the guidelines to improve the clarity. MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL FEBRUARY 9, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 5:00 P.M. It was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Code Section 54958.8 concerning the acquisition of real property located at 28721 Front Street, Temecula (APN 922-073- 017 and 9224)046.022 and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and First and Front, LLP and Cleveland Investment Company. Under negotiation is the price and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and/or the Agency. The following cases/claims will be discussed: a) Quality Contractor's Network vs. Temecula Valley Museum and b) Claim of Westside City II (Bill Dandy). 3. Conference with City Attorney pursuant to Government Code Section 54956.9(b) with respect to two matters of potential litigation. With respect to each matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and the Agency based on existing facts and circumstances. 4. Discussion of candidates for position of City Manager pursuant to Government Code Section 54957. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Roberts, Stone, and Ford. Absent Councilmember. None. PRELUDE MUSIC The prelude music was provided by Eve Craig. The invocation was given by Reverend Lyle Peterson. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. Commenting on the City's need for such units and noting that once a business outgrows such a unit and parking requirements are no longer met, the ownerRenant could relocate to a larger site within the City; therefore, in light of the proposed changes, Mayor Pro Tern Stone, echoed by Councilman Roberts, spoke in support of the request. As well commenting on the City's need for such a project, Deputy City Manager Thornhill spoke in support of the proposed projed with the proposed changes relative to fencing material, block wall, conditions of approval with regard to outside storage and number of allowable violations prior to it requiring a Planning Commission public hearing. Mr. Thornhill rated that the Fire Department had expressed no concern with regard to this project. Echoing Mayor Pro Tom Stone's comment with regard to the City's need for such a project, Councilman Comerchero relayed his apprehension with regard to the fencing but advised that his primary concern was with regard to the outside storage, noting that this concern has been addressed. Although he would favor the elimination of additional fencing, Councilman Comerchero relayed his support of the project if the elimination of the gates were acceptable. If the center gates were removed, Councilman Lindeman relayed his support of the project. Following some additional discussion with regard to the fencing and the gates, it was the consensus of the City Council that the fencing be set back two parking spaces for each unit, thereby, providing additional room in front of the gate and less room behind the gate and, thereby, decreasing the potential space for outside storage. Mr. Markham voiced no objection to Council's recommendation to set the fencing further back and as well agreed to eliminate the center gates (6 totaq but relayed the applicant's desire to retain the cross fencing to properly delineate parking spaces per unit. In response to City Attorney Thorson's comments, the following motion was offered: MOTION: Mayor Pro Tom Stone moved to direct staff to amend the proposed resolution to appropriately reflect the changes as recommended by the City Council and to agendize the matter for the February 23, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. 9:04 P.M., Mayor Ford called a short recess and reconvened the meeting at 9:16 P.M. 26 everoreen Dine tree ("monopine') at the Rancho California Water District water tank site at 3100 Rancho Cafrfomia Road RECOMMENDATION: 26.1 Adopt a Notice of Exemption for Planning Application No. PA98-0219; 26.2 Adopt a resolution entitled: 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (°MONOPINE•) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 953460-022 Although staff had as well expressed some concern with regard to the aesthetics of the proposed monopole, Deputy City Manager Thornhill presented the staff report (of record) and advised that, in light of given studies indicating that such facilities pose no health problems, staff has no concern with regard to this issue; and advised that the zoning for this facility is in conformance with the City's General Plan. City Attorney Thorson noted that Councilman Lindeman had appealed this matter on the basis of the importance of the issue and the need for the City Council to review it; advised that the appeal documents are contained in the record; and noted that the applicant has the burden of proof. In response to the residents' concern relative to health threats posed by such a facility, City Attorney Thorson referenced the opinions of several experts in the electromagnetic emissions field which is that there are not health risks associated with such facilities. Mr. Thorson as well referenced Federal law which states that no State or loco) government may regulate the placement, construction, or modification of personal wireless service facilities on the basis of environmental affects of electromagnetic emissions. He noted that the Federal government has assumed jurisdiction over this issue which precludes any State/County/City regulations. At this time, Mayor Ford opened the public hearing. Mr. Greg Morrison, representing Cox Communications, addressed several concerns/questions from the City Council, noting the following: • that the Pacific Bell site is 50' high and that it was constructed in 1996 prior to the construction of the existing homes; • that alternative sites were explored but in light of the existing water tank and the existing pole viewed this as the most suitable location; • that the proposed pole could be 60' high but that the extra branches for aesthetic purposes raises the height to 65'; • that he has attempted to address the residents' concerns with regard to the health issues in various ways including written communications from the American Cancer Society; Mr. Morrison provided additional explanation of radio signal frequency; • that the 65' pole raises no FAA concerns; 13 • that a majority of the pole will be located behind the existing water tank and that the residents will actually see approximately 30' of the pole; a that additional foliage could be provided to further address the aesthetic appearance and to hide the panels; • that the life expectancy of the fake foliage is approximately 5 to 10 years, advising that the Planning Commission had added a condition requiring inspection of the foliage every couple of years to ensure aesthetic maintenance. Mr. Paul Gonzalez, representing the Water District, informed the Councilmembers that he was in attendance to answer any questions andfor concerns. Referencing the FCC's ruling regarding the placement, construction, and modification of personal wireless services, Mr. Lary LeDoux, 32004 Merlot Crest, noted that the ruling does provide the local agency the ability to regulate placement of such facilities and stated that the City may deny such a facility. Concurring with Mr. LeDoux s comment, Mayor Pro Tom Stone noted that the City may deny such a facility as long as it is not based on health concerns as preempted by the Federal government Viewing the proposed project as visually unacceptable, Mr. Frank DiGiacomo, 32032 Merlot Crest, relayed his opposition to the proposed project and suggested that the City Council determine whether or not there may be a conflict of interest between the Board Members for Cox Communications and the Water District. In response to Mr. DiGiacomo's comment, Mayor Pro Tom Stone noted that the Board Members of the Water District are elected officials and, therefore, must adhere to annual filing requirements of the Fair Political Practice Commission. Submitting a petition in objection to the project, Mr. Shawn Bierle, 32016 Merlot Crest, questioned the cumulative impact additional facilities of this kind would have on the noted health concerns; viewed the public notification process for this project as limited; objected to the visual appearance of this facility; and stated that such a facility should not be located in a residential area. City Attomey Thorson noted that the City may deny this project as long as substantial evidence can support the denial and that it not be related to aesthetic appearance. Mayor Pro Tern Stone suggested that the height of the tower be lowered. Councilman Lindeman relayed his oonoems with such facilities with regard to aesthetic appearance and health issues. Viewing the site as aesthetically unpleasing, Councilman Roberts as well commented on the cumulative impacts such facilities may have on the health issues and, therefore, suggested the exploration of another location. Referencing the communication from the American Cancer Society, Mayor Pro Tom Stone voiced no concern with regard to electromagnetic emissions; noted that the area of discussion has been zoned to accommodate a facility such as the one which is being proposed; objected to the proliferation of such poles and, therefore, suggested that the Zoning Ordinance be 14 readdressed and that architectural guidelines for such facilities be created; and stated that such facilities should require regularly scheduled evaluations to address health concerns. N this project were approved, Mr. Stone suggested the formation of a subcommittee comprised of City Councilmembers and the residents in order to create a suitable design. Although echoing the concern of cumulative impact of such facilities, Councilman Comerchero spoke in support of the project but relayed his desire that periodic maintenance inspections be conducted as imposed by the Planning Commission and further clarified that such inspections should be conducted every two years. Although he is not of the opinion that these type of facilities create a health risk, Mayor Ford relayed a concern as to the proliferation of such facilities. If the City were to deny this project, Mr. Ford noted that the project would be appealed at which time the City would have no enforcement guidelines. Mayor Ford suggested that Cox Communications explore alternative sites. Noting that although the zoning for the site is accurate, Mr. Ford advised that such zoning was initially intended for the Water District tank. City Attorney Thorson suggested that the public hearing not be closed in order to give the applicant the opportunity to investigate alternative sites as well as to explore alternative foliage coverings for aesthetic purposes. MOTION: Councilman Comerchero moved to keep the public hearing open and to direct staff to address with the applicant altemative sites as wall as address the aesthetic appearance and that the matter be continued to the March 23, 1999, City Council meeting. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. COUNCIL BUSINESS 27 TION: 27.1 Award a construction contract for the Pala Road Bridge Project - Project No. PW97- 15 to Granite Construction Company in the amount of $4,398,574.00 and authorize the Mayor to execute the contract; 27.2 Authorize the Acting City Manager to approve change orders not to exceed the confingency amount of $439,857.40, which is equal to 10% of the contract amount; 27.3 Accelerate the funding by transferring the budgeted amounts in FY 1999-2000 to FY 1998-1999. The total amount of transfer is $4,600,700.00 to the various accounts as follows: • Environmental • Administration • Construction $ 780,000.00 $ 820,700.00 $3,000,000.00 15 Director of Public Works IGcak reviewed the staff report including the amended supplemental material (of record) and provided clarification as to the timing of the various phases of this project MOTION: Councilman Roberts moved to approve staff recommendation. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected unanimous approval. CITY MANAGER'S REPORT On behalf of City staff, Acting City Manager Nelson wished retiring Public Works Director Kicak and his wife a joyous retirement and noted that Senior Engineer Hughes will be serving as the Acting Public Works Director. In closing, he wished his wife, Stephanie, a Happy Birthday. In light of the contributions the City has benefited as a result of retiring Public Works Director Kicak's experience and background, Mayor Pro Tem Stone requested that the naming of the Public Works Yard be agendized for the next City Council meeting and suggested that it be named the Joe Kicak Public Works Yard. CITY ATTORNEY'S REPORT City Attorney Thorson advised that there were no reportable actions from the Closed Session under the Brown Act. ADJOURNMENT At 10:40 P.M., Mayor Ford formally adjourned the City Council meeting to Thursday, February 18, 1999, 5:00 P.M., for the purpose of Closed Session with a Workshop meeting scheduled at 6:00 P.M., City Council Chambers, 43200 Business Park Drive, Temecula, California. ATTEST: Susan A tines, MC City C rk [SEAL) 16 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL APRIL 13,1999 A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjoum to Closed Session pursuant to Government Code Sections: 1. Conference with real property negotiator pursuant to Government Cade Section 54955.8 conowning Front the The negotiating and/or leasing of real property located at 28484 City of wK Temecula egotiating parties are the Redevelopment Agency of the c and Dual n Development price and terms Company, Ed and Mthisen Dool. Under negotiation is payment to the real property interests proposed to be conveyed and/or acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 2. Conference with real property negotiator pursuant to Government Code Section 54958.8 concerning the acquisition of real property located at 28721 Front Street, Temecula (APN922-073-017, 922-048.022, and 922-073-024). The negotiating parties are the Redevelopment Agency of the City of Temecula and Cleveland Investment Company. Under negotiation is the price and terms of payment to the real property interests proposed to be acquired. The Agency/City negotiators are Shawn Nelson, James O'Grady, and John Meyer. 3. Conference with real property pursuant to Government Code Section 54958.8 conceming the leasing of real property located at Temecula Mercantile Building, 42051 Main Street, Temecula. The negotiating parties are the City of Temecula and the Temecula Chamber of Commerce. Under negotiation are the price and terms of payment of the real property Interests proposed to be conveyed and/or acquired. The City negotiators are Shawn Nelson and James O'Grady. 4. Conference with City Attorney and WW camel pursuant to Government Code Section 549W.9(a) with respect to one matter of existing litigation Involving the City . and/or the Agency. The following claim will be discussed: Westside City, LLC. 5. Conference with City Attorney end legal counsel pursuant to Government Code Section 54958.9(b) and (c) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litiggation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. 8. Discussion of candidates for position of City Manager pursuant to Government Code Section 54957. The Open Session of the City Council meeting oonvened at 7:02 P.M. mk%d"1041300 Present Absent PRELUDE MUSIC Councilmember: Comerdwo, Lindeman, Roberts, Stone, and Ford. None. The prelude music was provided by Matthew Sweeney. The invocation was given by Associate Pastor Kenny Kehay. ALLEGIANCE The audience was led in tie Flag sakrte by Councilman Roberts. Mayor Ford introduced the visiting delegates to the public with Voorburg Police Chief Cor Visser addressing the City Council and thanking and relaying the exciting experiences the delegates had shared with their host families and the City. Certificate of Appreciation to Susie Bridges Although she was unable to attend, Mayor Ford read Into the record the Certificate to Ms. Bridges thanking her for her services on the Old Town Redevelopment Advisory Committee. Boys and Girls Week Proclamation Mayor Ford so proclaimed April 11-17, 1999, as Boys and Girfs Club Week. 1998 United Way Campaign Awards Ms. Karl Spencer-HoNis, Director of Southwest County Region for United Way of the Inland Valley, commended Office Specialist Cohee on her associated efforts with the City's campaign and presented to her a Certificate of Appreciation. Mr. Joe Lawler, Chairman of the TemeculalMunieto 1998 United Way Campaign, presented to the City the Outstanding Municipal Campaign Award as well as the Silver W Capita Award. WAM*MS413oe 17 Second Rwdina of Ordinance No. 99-09 RECOMMENDATION : 17.1 Adopt an ordinance entitled: ORDINANCE NO. 99-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION NO. 140.100 OF THE TEMECULA MUNICIPAL CODE PERTAINING TO MONTHLY COMPENSATION FOR CITY COMMISSIONERS 18 Second Readino of Ordinance No. 99-10 RECOMMENDATION: 18.1 Adopt an ordinance entitled: ORDINANCE NO. 99-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STORMWATER URBAN RUNOFF MANAGEMENT AND DISCHARGE CONTROLS IN COMPLIANCE WITH THE NATIONAL PLLUTANT DISCHARGE ELIMINATION SYSTEM PROGRAM AS AN AMENDMENT TO TITLE 8 OF THE CITY OF TEMECULA MUNICIPAL CODE TI : Mayor Pro Tom Stone moved to approve Consent Calendar Item Nos. 1-18. The motion was seconded by Councilman Roberts and voice vote reflected unanimous approval. At 8:01 P. M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:15 P.M., the City Council resumed with regularly scheduled City Council business. RECOMMENDATION: 19.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 19.2 Adopt a resolution entitled: RESOLUTION NO.99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT-APPEAL) UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA96-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND SIX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 90-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 5100 RANCHO CALIFORNIA ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060-022 By way of overheads, Deputy City Manager Thornhill presented the staff report (as per agenda material), advising that Mr. Ron Guerrero, Chairman of the Planning Commission, will be abstaining with regard to this matter but that Planning Commissioner Nagger is in attendance to address any City Council concerns, questions, etc. For Councilman Lindeman, Mr. Thornhill reviewed the applicant's review process of other viable locations and noted that no second opinion had been provided as to the requested location. At this time, Mayor Ford opened the public hearing. By way of overheads, Mr. Greg Morrison, representing the applicant, reviewed the applicant's rationale as it relates to the proposed site; noted no objection to work with staff as it relates to proposed and additional landscaping a" the south slope as well as a landscaping maintenance program. In response to Councilman Comerchero's desire to provide sufficient landscaping, Mr. Morrison voiced no objection to exploring the use of other types of fast-growing tress; noted that foliage coverage could be lowered on the pole; advised that this third pole would sufficiently service the entire City; and stated that in the event Cox Communications were to change its technology to satellite, the applicant would be willing to remove the pole at the applicant's expense. Councilman Roberts suggested that the City Council consider a zoning amendment and that until such an amendment has been considered that a moratorium be considered. Mr. Roberts as well suggested the use of Eucalyptus trees, which are fast-growing trees and drought resistant, and recommended that proper and similar screening be provided for the fence. By way of topographical maps, Mr. Shawn Biede, 32016 Merlot Crest, referenced other possible sites which would riot have neighboring residential homes; relayed his and numerous residents opposition to the proposed site; and presented a petition of opposition. Noting that the proposed pole would be placed on property owned by the Rancho California Water District Mr. Frank Diglacomo, 32032 Merlot Crest, reiterated a previously noted concern MINA"*413W 10 _ as it relates to Conflict of Interest for the Board of Directors for the Water DisbicL Considering the visual plight of the proposed site, he rated his objection to it in light of his experience with radio frequency, Mr. Mike Burton, 30366 Santa Cecilia, noted that the amount of radio frequency exposure from the proposed pole will not create a health risk hazard and relayed his support of the site. Mr. John Camp, 32012 Merlot Crest, as well relayed his opposition to the proposed site. In response to Mayor Pro Tom Stone, Deputy City Manager Thornhill noted that such antennas are not permitted in residential zones and that he would review the topographical maps presented by Mr. Berle to determine other allowable locations. Relaying his opposition to the proposed site, Councilman Lkrdemans commented on the Comas ability to consider a General Plan amendment Mr. Lindeman requested that a second opinion a< to the proposed location be provided; viewed the proposed pole a: aesthetically unpleasing and voiced no concern as to health risks. Although a General Plan amendment could be considered by the City Council, Mayor Pro Tom Stone noted that this applicant has attempted to midgets any potential impacts. With regard to the proposed landscaping, Mr. Stone rated that it will as well address the visual appearance of the existing tank and pole. For Councilman Roberts, City Attorney Thorson provided clarification of those consequences associated with denying the proposed request, noting the following: that although administrative remedies have to be exhausted, the applicant may appeal to the Public Utilities Commission (PUC) of the State; that the PUC has the reserved jurisdiction over the citing of these facilities; and that the City Council may submit conditions of approval to the PUC to uphold the Council's aesthetic conditions. MOTION: Councilman Undemans moved to uphold the appeal and deny the project. The motion was seconded by Mayor Ford. (This motion was ultimately withdrawn; see below.) Reiterating his previous comment, Mayor Pro Tom Stone noted that by way of additional landscaping, the applicant has undertaken measures to midgets the aesthetic appearance; that health risks are not an Issue of uxncem; that the denial of this project could compromise the City's radio frequency need during an emergency; that the City Council could review a General Plan amendment but that it should rat preclude the applicant from consbictiirg the requested pole; and that he, therefore, would oppose denial of the request Although the applicant has undertaken measures to mitigate any potential impacts, Mayor Ford relayed his opposition to the Installation of a second pole and supported the exploration of alternative sites. In light of the comments, Councilman Roberts, echoed by Councilman Comerchero, suggested to continue this matter one more time in order to ensure that alternatives sites have been property explored and in order to obtain a second opinion. 11 Concur ft with Councilman Robarts' suggestion, Councilman Lindeman, echoed by Mayor Ford, withdrew his originally made motion b uphold the appeal and deny the project. MOTION: Councilman Roberts moved to continue this agenda item to the May 25, 1999, City Cotutcil meeting in order for staff to review the topographical maps with Mr. Blade as woo as the applicant and to receive a second opinion as to site location. The motion was seconded by Councilman Lindeman and voice vote reflected unanimous approval. At 9:12 P.M., Mayor Ford called a recess and reconvened the meeting at 9:20 P.M. 20 Temecula Library Site Selection and Conceptual Plan RECOMMENDATION: 20.1 Approve the site selection on Paube Road west of Par kview Fire Station 84 and preliminary conceptual plan for the Temecula Library, 20.2 Direct staff to negotiate with LPA for a scope of services and compensation for the completion of schematic design, design development, and construction drawings for the library facility. Deputy Director of Community Services Ruse reviewed the staff report (as per agenda material) and introduced Mr. Jim Wsick and Mr. Rids Dimado of LPA who, by way of a power point _ presentation, presented the conceptual site and building design. In response to Councilman Lindeman, Deputy Director Ruse noted that although staff has not been able to identify, at this point in time, grant funding for the library, staff will continue to explore all options. Councilman Roberts recommended that the City's lobbyist in Washington be directed to explore possible grant funding for the library. Ms. Grace Mailman, 365W DePortola Road, encouraged the City Council to approve the Temecula site selection and conceptual plan. MOTION: Mayor Pro Tom Stone moved to concur with the staff recommendation. The motion was seconded by Councilman Comerchero and voice vote reflected unanimous approval. 21 Old Town Redevelopment Advisory Committee Appointment RECOMMENDATION: 21.1 Appoint a member to serve an unexpired tern on the Old Town Redevelopment Advisory Committee. Mayor Pro Torn Slone noted that he would be abstaining with regard to this agenda item. City Clerk Jones presented the staff report (of record). 12 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL MAY 25,1999 • • • A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Sections: 1. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(a) with respect to two matters of existing litigation involving the City and/or the Agency. The following cases/claims will be discussed: (a) Blind Pig Brewery and (b) Claims of Westside City I & II, LLP (Bill Dandy). 2. Conference with City Attorney and legal counsel pursuant to Government Code Section 54956.9(b) and (c) with respect to one matter of potential litigation. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City based on existing facts and circumstances and the City will decide whether to initiate litigation. 3. Conference with real property negotiator pursuant to Government Code Section 54958.8 concerning the acquisition of real property located at 43455 Business Park Drive, Temecula. The negotiating parties are City of Temecula and Optical Disc Media. Under negotiation are the price and terns of payment of the real property Interests proposed to be acquired. The City negotiators are Shawn Nelson and James O'Grady. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present: Councilmembers: Comerchero, Lindemans, Stone, and Ford. Absent: Councilmember. Roberts. PRELUDE MUSIC The prelude music was provided by Jared Reed. The invocation was given by Reverend Pat Campbell. ALLEGIANCE The audience was led in the Flag salute by Mayor Pro Tem Stone. R:1MinutesW52599 MOTION: Councilman Comerchero moved to approve Consent Calendar Item Nos. 1-4 and 6.15 (Item No. 5 was pulled for separate discussion). The motion was seconded by Mayor Pro Tern Stone and voice vote reflected approval with the exception of Councilman Roberts who was absent and Mayor Pro Tem Stone who abstained with regard to Item No. 16 (Old Town First Street Bridge). CONSENT CALENDAR ITEM CONSIDERED UNDER SEPARATE DISCUSSION 5 Street Name Chance from Ynez Road to Ynez Court RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 99-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE.STREET NAME IN PARCEL MAP 22714 YNEZ ROAD TO YNEZ COURT By way of overheads, Chief Building Official Elmo clarified the recommendation; reviewed the staff report (of rem; noted that the proposed street name change was intended to eliminate confusion for emergency response; advised that parcels 1-12 will be included in this street name change; and Informed the Councilmembers that the associated lot owners and existing businesses expressed no concern with regard to this recommendation. At 8:05 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 9:11 P.M., the City Council resumed with regularly scheduled City Council business. PUBLIC HEARING 17 Appeal of the 17.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 17.2 Adopt a resolution entitled: R:WNnutes10525e9 RECOMMENDATION: RESOLUTION NO.99- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98- 0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND S IX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060- 022 MOTION: Mayor Pro Tem Stone moved to continue this public hearing to the June 8, 1999, City Council meeting. The motion was seconded by Councilman Lindeman and voice vote reflected approval with the exception of Councilman Roberts who abstained COUNCIL BUSINESS 18 Old Town Local Review Board Appointment RECOMMENDATION: 18.1 Appoint two members and one alternate to serve full terms on the Old Town Local Review Board. Mayor Pro Tom Stone noted that he would be abstaining with regard to this item. City Clerk Jones presented the staff report (of record) after which the following motion was offered: MOTION: Councilman Undemans moved to reappoint Mr. Waft Allen and to appoint Mr. Carl Ross and Mr. Otto Baron as an alternate. The motion was seconded by Councilman Comerchero and voice vote reflected approval with the exception of Councilman Roberts who was ba sent and Mayor Pro Tem Stone who abstain . d19 City Council Chambers Poficv RECOMMENDATION: 19.1 Provide direction for the use of the City Council Chambers. Community Services Director Parker reviewed the staff report (as per agenda material); requested City Council direction; and advised that this item would be reagendized for the June 22, 1999, city Council meeting. R:VAkud"%=599 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL JUNE 8, 1999 CLOSED SESSION A meeting of the City of Temecula City Council was called to order at 6:30 P.M. it was duly moved and seconded to adjourn to Closed Session pursuant to Government Code Sections: Discussion of candidates for position of City Manager pursuant to Government Code Section 54957. The Open Session of the City Council meeting convened at 7:00 P.M. ROLL CALL Present Absent Counciimembers: Councilmember. Comerchero, Lindemans, Roberts, Stone, and Ford. None. PRELUDE MUSS The prelude music was provided by Vivian Tang. INVOCATION The invocation was given by Pastor Gerald Shaw of New Covenant Fellowship Center. ALLEGIANCE The audience was led in the Flag salute by Councilman Roberts. PRESENTATIONS/PROC MATIONS Although Mr. Sollysiak was unable to attend, Certificates of Appreciation were presented to both individuals with Mr. Nielsen being in attendance to accept. Acting City Manager Nelson commended the Finance Department and presented the award to Finance Director Roberts. Senior Management Analyst Kuhns shared her unforgettable experience of traveling to Sister City Nakayama with the Temecula Valley High School Choir and Presented the City Council with gifts from the Sister City as well as the Choir. R:VAnutes1 Mq9 At 7:35 P.M., the City Council convened as the Temecula Community Services District and the Temecula Redevelopment Agency. At 8:00 P.M., the City Council resumed with regularly scheduled City Council business. RECOMMENDATION: 19.1 Adopt the Notice of Exemption for Planning Application No. PA98-0219; 19.2 Adopt a resolution entitled: RESOLUTION NO. 99-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLANNING APPLICATION NO. PA98- 0219 (CONDITIONAL USE PERMIT-APPEAL), UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE PLANNING APPLICATION NO. PA98-0219 (CONDITIONAL USE PERMIT) TO CONSTRUCT A WIRELESS PERSONAL COMMUNICATIONS SYSTEM (PCS) FACILITY CONSISTING OF TWELVE (12) PANEL ANTENNAS, ONE (1) GLOBAL POSITIONING SYSTEM (GPS) ANTENNA, AND S IX (6) CABINETS HOUSING A BASE TRANSCEIVER STATION (BTS) UNIT AND OTHER ELECTRONIC AND BATTERY EQUIPMENT. THE ANTENNAS WILL BE MOUNTED ATOP A 60-FOOT HIGH MONOPOLE DISGUISED AS AN EVERGREEN PINE TREE (MONOPINE) LOCATED AT THE RANCHO CALIFORNIA WATER DISTRICT WATER TANK SITE AT 3100 RANCHO CALIFORNIA ROAD, AND KNOWN AS ASSESSOR'S PARCEL NO. 953-060- 022 Deputy City Manager Thornhill reviewed the staff report (as per agenda material), advising that a recently completed study concluded that due to topography, distance between antennas, etc., severe limitations exist as to a viable location which, therefore, validates the proposed location. Mr. Rich Stevens, consultant who completed the study, advised that all potentially feasible sites were explored as to the viability of constructing the pole. Mr. Stevens briefly referenced other sites which were explored but due to limitation were not feasible. In response to Mayor Pro Tern Stone, Assistant City Attorney Curley advised that one of the purposes of the Telecommunications Act is to prohibit monopolization of a market place and noted that one could make a substantive argument in court if the City Council were to impose a moratorium of such utilities prior to the adoption of this use. R:VAnuteeW80899 Having previously researched the feasibility of potential sites, Mr. Greg Morrison, 34031& Street, Riverside, applicant, concurred with the conclusions noted in the consultant's study; reiterated that the construction of this pole would enhance public safety; and supported the imposed conditions of approval relative to creating a visually pleasing site. In response to Councilman Comerchero, Mr. Morison relayed concurrence with constructing a pole which would permit collocation of another facility (10' vertical separation between two carriers) in order to minimize the number of structures, noting that such construction would create a pole 10 higher. Mr. Morrison advised that the existing Pacific Bell pole Is not conditioned for collocation and that a new pole would have to be erected, noting that Cox Communications does not sublease its pole to other carriers. As to proposed landscaping, Mr. Morrison advised that six 48' box (16' to 20') trees will be planted along the north and south sides. Reiterating a previously noted concern with regard to conflict of interest, Mr. Frank DiGiacomo, 32032 Merlot Crest, requested that this matter be readdressed by the Planning Commission and questioned the reason for the City paying for the completed study. Mr. Shawn Bierle, 32016 Merlot Crest, thanked the City Council and Mr. Morrison on their due diligence with regard to this issue; requested that a moratorium be imposed at this point in time and that rezoning be considered; and advised that he does not oppose the communication system but that he does oppose the proposed location of it. For Mr. Bierie, additional clarification was provided with regard to other sites which were explored and the reasons for why they were not feasible locations. Considering the potential proliferation of these sites, Councilman Lindemans relayed his opposition to this request and concurred with Councilman Roberts' suggestion to explore a moratorium. Although supporting the concept of a moratorium, Councilman Comerchero commented on the potential legal ramifications if the Council were to impose a moratorium prior to the approval of this request; therefore, Mr. Comerchero supported the concept of collocation, constructing a 60' pole for two carriers, and recommended the imposition of two additional conditions of approval - that a two-year maintenance review period of the pole be imposed to ensure proper aesthetic neccees ary, the applican be required to remove, at the applicant's expense, heo constructed pole. Addressing Mr. DiGiacomo's comment, Mayor Pro Tern Stone noted that the City paid for the completion of such a study to ensure all feasible locations were explored; stated that the proposed landscaping for the proposed pole will as well disguise the existing water tank and pole; noted that the applicant has proceeded and abided by the application process as required by law; and advised that the Public Utilities Commission could approve this site without any special conditions of approval. Concerned with the potential proliferation of such sites, Mayor Ford spoke in support of a moratorium prior to the approval of this particular pole to which Assistant City Attorney Curley provided informed with regard to such moratorium and the potential of an appeal to the Public Utilities Commission and State/Federal Court. Mayor Ford relayed his support of collocation. MOTION: Councilman Comerchero moved to approve the proposed request contingent on Pacific Bell (existing pole) agreeing to collocate on one 60' pole with Cox Communications with the addition of two conditions - that a two-year maintenance review period of the pole be imposed to ensure proper aesthetic appearance and that in the event technology were to change and the R:UUlnutesU0899 existing pole were no longer necessary, the applicant be required to remove, at the applicant's expense, the constructed pole. (This motion died for the lack of a second.) Assistant City Attorney Curley relayed some concern as to conditioning this approval on the consent of a third party. Following additional discussion with regard to constructing a pole suitable for collocation, Mr. Morrison reiterated the applicant's concurrence with such construction. MOTION: Councilman Comerchero moved to uphold the Planning Commission's approval of Planning Application No. PA98-0129 (Cox Communications) with the following conditions: • That one 60' pole be erected and prepared for collocation of another facility; • That City staff discuss with Pacific Bell and the Water District the feasibility of collocating the existing Pacific Bell facilities onto a 60' pole (Cox Communications) and that the existing Pacific Bell tower be removed; • That a two-year maintenance review period of the pole be imposed to ensure proper aesthetic appearance; • That in the event technology were to change and the existing pole were no longer necessary, the applicant be required to remove, at the applicant's expense, the pole. The motion was seconded by Mayor Pro Tem Stone and voice vote reflected approval with th e exception of Councilman Lindemans and Mayor Ford who voted no, Mayor Ford noted that Pacific Bell may not want to collocate with Cox Communications which would then result in two poles at this particular site. MOTION: Councilman Lindemans moved to institute an immediate moratorium prior to the construction of a second pole at this particular site. (This motion died for lack of a second.) MOTION: Councilman Lindemans moved to immediately place a moratorium on future sites. The motion was seconded by Councilman Comerchero and voice vote reflected approval with th e exception of Mayor Pro Tern Stone who voted no. Prior to voting on such a motion, Mayor Pro Tern Stone noted that he would be desirous of obtaining additional information from staff. At 9:13 P.M., Mayor Ford called a recess and reconvened the meeting at 9:23 P.M. COUNCIL BUSINESS 20 Planning Commission Appointment RECOMMENDATION: 20.1 Appoint one applicant to serve a full term that will expire June 4, 2002. City Clerk Jones presented the staff report (of record), noting that City Council appointments must be made by a 415-majority vote. Following Council discussion as to the many qualified candidates, their length of residency in the City, eta, Councilman Lindemans offered the following motion: R*VAnutssWD899 Notice of Public Hearin 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA08-0004 Applicant: Paul Slotemaker of Realcom Assocs. & Jon Dohm of Crown Castle on behalf of Verizon Proposal: A Conditional Use Permit/Antenna Facility Application to reconstruct/upgrade an existing 68-foot cellular Monopine to allow the co-location of a total of three antenna arrays (and related equipment) by replacing existing branches with new branches, adding 37 new branches, providing additional trees/vines surrounding the fenced enclosure located on a 5.9 acre RCWD site at 41280 Placer Lafite 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 15302, Class 2, Replacement or Reconstruction) Case Planner: Betsy Lowrey, (951) 693-3959 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: May 20, 2009 Time of Hearing: 6:00 p.m. 141N, 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) 693-3959. ITEM 5 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 20, 2009 PREPARED BY: Betsy Lowrey, Case Planner PROJECT Planning Application Number PA08-0149, a Conditional Use SUMMARY: Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15302, Class 2, Replacement or Reconstruction PROJECT DATA SUMMARY Name of Applicant: Ed Gala on behalf of AT&T Mobility General Plan Designation: Zoning Designation Existing Conditions/ Land Use: Public Institution (PI) Public Institution (PI) Site: Public Institution (PI): A 5.49 acre site utilities site water towers and associated pumping equipment Monopines with associated cabinets and equipment North: Low Medium Residential (LM): Existing houses South: Low Medium Residential (LM): Existing houses East: Low Medium Residential (LM): Existing houses West: Low Medium Residential (LM): Existing houses with two existing and two existing BACKGROUND SUMMARY The existing 50-foot undisguised wireless monopole cellular tower was originally entitled on July 11, 1996 (PA96-0063). On June 26, 2008, a Conditional Use Permit application was submitted with plans proposing to remove the existing 50-foot monopole and replace it with a new 70-foot monopine (faux tree) cellular tower with two co-located carriers. Various improvements and revisions have been made to the plans including a reduction in the proposed overall height from 70 feet to 65 feet, enhanced foliage, branches, bark, and compatible design requirements to ensure the newly proposed monopine is visually compatible with the Verizon 68-foot (approximate) monopine also located on the site. Also, additional landscaping has been added to the project site. Upon approval of this Conditional Use Permit application (PA08-0149) to remove an existing monopole and replace it with an enhanced monopine cellular tower, the Applicant will withdraw the original Conditional Use Permit (PA96-0063). Staff has worked with the applicant to ensure that all concerns have been addressed and the applicant has worked diligently and cooperatively with staff to address aesthetic concerns of the monopine. ANALYSIS The applicant is requesting to remove an existing 50-foot undisguised wireless monopole cell tower and replace it with a 65-foot Monopine to allow for the co-location of a total of two carriers (two antenna arrays) and related equipment within a fenced enclosure. Additional landscaping is also proposed to screen its appearance. The applicant's proposal to co-locate two carriers (two antenna arrays total) is consistent with Development Code Section 17.40.010 which states that the City shall encourage the co-location of new telecommunication antennas. This requirement prevents the blight of excessive telecommunication facilities within the City. Development Code Section 17.40.010 also states that the City shall protect the visual character of the City from the potential adverse effects of telecommunication facility development and antenna installation by maintaining architectural and structural integrity and preventing unsightly facilities. As constructed, the existing monopole does not meet this requirement and is substandard to the quality of a wireless cellular tower as required within the City of Temecula since it is undisguised and easily recognizable as an antenna facility and does not blend with its surroundings. Although the proposal to replace the existing monopole with a monopine will increase its height by 15 feet total, the newly constructed facility, as conditioned, will significantly enhance the appearance of the cell tower and will blend better with its surroundings and landscaping. Furthermore, there is already a 65-foot monopine on the same site, which is concurrently being processed (PA08-0004) to enhance its visual appearance. Staff has worked with the applicants of both wireless monopine cell towers to ensure they are similarly enhanced and compatible with each other and that they each provide adequate branch coverage, full foliage, three-dimensional bark cladding, and a naturally shaped canopy of branches. Both facilities will be considerably upgraded to enhance their visual appearance and better blend with each other and the community. 2 The City's telecommunication consultant has reviewed the proposal and has determined that the antenna location is appropriate and is in compliance with FCC safety rules and regulations. Site Plan The site is owned by the Rancho California Water District and currently has two existing above- ground water tanks and associated pump equipment, as well a second 65-foot high monopine with ground mounted equipment. The existing structure was originally constructed in 1996, prior to the construction of the surrounding homes, and meets all of the development standard requirements and setbacks as set forth within the Public Institutional Zoning District. Furthermore, as required by Development Code Section 17.40.110, the tower is not located closer than 75 feet from any residential structure. Architecture The proposal will significantly improve the overall visual appearance of the existing monopole. The primary design improvement will replace the undisguised monopole with a faux tree to better blend with its surroundings and landscape. All antenna panels will have a pine-needle antenna cover in order to increase its camouflaging and disguise the antenna arrays. The monopine cell tower will be constructed with full foliage, three-dimensional bark cladding, and a naturally shaped canopy of branches to meet the design requirements. Staff has worked with the applicant and the City's telecommunication consultant and determined that the proposed height of 65 feet is required in order to accommodate the co-location of two service providers as necessitated to serve the telecommunication services within the area. Furthermore, the height of the structure will be the same or less than the existing monopine on the same site. Staff has ensured the plans clearly call out the height of the overall wireless facility (from grade to the extreme top of the facility) and the project is conditioned not to exceed an overall height of 65 feet (Condition of Approval No. PL-28) Landscaping The project has been conditioned to ensure that all existing trees surrounding the existing facility remain intact. In addition, fifteen 48" boxed Afgahn Pine trees will be planted to provide additional screening of the monopine. Vines will be planted along the fencing and walls that surrounds the equipment to further screen and enhance the site. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 9, 2009 and mailed to the property owners within the required 600-foot radius. ENVIRONMENTAL DETERMINATION In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review. Section 15302, Class 2 Replacement or Reconstruction. This is replacement of an existing utility facility where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose with negligible expansion of capacity. 3 FINDINGS The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. The project is permitted by Conditional Use Permit within the Public Institutional Zone. The proposal to reconstruct existing telecommunication facilities in order to co-locate telecommunications services which is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures. The project will upgrade the appearance of an existing monopole to further enhance its visual appearance and provide a better aesthetic design that is compatible with adjacent residential uses and surrounding landscape. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. Further, the project is existing and compatible with the facilities already at the site. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site is already developed and the telecommunications facilities exist. The applicant is revising and reconstructing the design of the monopole which will enhance its appearance and simulate its appearance as a pine tree to match the surrounding pine trees. In addition, the applicant is providing additional trees and landscaping to assist in the buffer to adjacent residential lot as well as provide additional screening to overall appearance. The existing site conditions are adequate in size and shape to integrate the new monopine design, additional antenna arrays and associated equipment and additional landscaping as proposed. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. The concern regarding electromagnetic fields (EMFs) surfaced in the 9980's and as a result several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Studies concluded there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 9996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 9996 Act expressly preempts State and local government regulation of the placement, construction and modifications of wireless service facilities on the basis of environmental effects. Staff has determined that the nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. ATTACHMENTS Aerial Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations/Justification Original Conditions of Approval for PA96-0063 Notice of Public Hearing 5 City of Temecula 0 125 250 500 750 ENNEOW Feet pE'(! b"L ?V This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County The City of Temecula assumes no warranty or legal responsibility for the A information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. CODES COMPLIANCE NL WJRK /HO YAIERWJ p 9E PER{DRYEO IN-'- M W1M 11E CIIRRENZ F➢Np1S OR 11E FOLLOAING CORES AS NMR B! 1HE l IYXE YPNJRm. I Rlw M 1NESE %µ5 6 io BE CINKMUED TO PpIM YNRK AOl WNfgtvlW ro T1SE OJ 1. W 9UWHG M W m e. GfE0.`W YfbWL1 W%p42I0! 2. W IZYISiR1AL ROE T. CVJA3u NL1pK; [(OE =-=I (M. PIUJ 21 A 25) W R. I RR Rc COC04 J. N9/IY'2Y[i IR 4fftt IXtt 9 Ptt NO/m OYMF! . 1. NPA-IRI-AY 5. WRd11 D6RLl 01R [0.r' SLI SITE NUMBER: RS0021A SITE NAME: GENERAL KEARNEY RESERVOIR DRAWING INDEX REV. DIRECTIONS PROJECT INFORMATION M. 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BOX 017 MAWN: 1352 f (NGYD29) TEYECIM U 92599 COMACi PmSCN: PAU WNZVII PMR MW))M SCE 951-295-69D0 MM.1C1 PER ! JERK( L%WBF N a 714-570.3127 A°PWNI: AT&T IpBI111Y mCOVP.W, MR, 129. PA9K PWA mw Cp`AI4T pm5g1; t. D. SRE CFAR l U M]M IIXPTON Pp IEIS APU 50. Fi. E 522 ~J. I ' JURSpWTgN: CRY OF TL ,3 F 953-JW-W2 M2 CY p WR WRRFM EONNC: PI - PJWIC WS CURRm! USE E) N/A (OPm SPACE) P.FGSfO USE UNVNNM IEtENYYUNGIKKS FMILIIY SITE QUALIFICATION PARTICIPANTS ~ '0 u4lsFmxrAn flMlpyt! l871~ NE O.K../M n MI PACIIIC (949) 4]5-1DM a D SEG loll IWiHA SRES (SJ9) 602-6233 ZP R. 14A0M('A AWRU SRES (M) 602-WM Rf YA9LW1 &RNETE AT&T (310) 9T1-MZ5 CON ' 5(M KRDRm BECNI0. CODUUNK I.E (9K) 212-I PCRRM M 11AMK5 R'~ LL/GMNm PAUL MML1fZ LL 11E1+. (951) 295-. (CITY Of 1FIfdA/) GENERAL KEARNEY RESERVOIR + AT&T NOBIIIIY ccAxrtos a aut , ; RS0021A r rP :os >t ARCNITECIURE'EHGIHEERIXG CO , NSULEING 3100] RANCHO C111fORNN R0 a 01/r1/m 686 ± THE SMEET wb.Fa XE,tr) 5YO 4 E wIXVC laaa msrov fnx >sr w . TEUECUU„ CA 92591 wrt ° :L )n l ror r r r m~t , 24158-Sb A-RSM21A-fit 1 A N ZONED SP-8 . V-_ oo GEN. PLAN - L.M. lwmV ASFUIH E/f~U1 PROPO9ED'gTBT'LFASE AREA=TSZ ED. Fi. T\0, rb O00\ S, >I$i CGS ~~3 V 000 D / o°o°o 0°o°o° oo °~°``\3 E\9o 'SPmNY IFASE A4FA OO~~~.AV EAbi/ 000000pO Opp K}> 0O00~l~QO° -L1Y.1-.JQ PROPOSED AT&r FACILITY; LSEE ..A FOR OO T 0'O y- a/FaV sEF FOR ENLARGED to 5/ p00~00 O° O p_~ _00A~n00° Q y, M. ivo, APN 44 17 L 24' 40,' l DT 8 (S)TEP OF wAFEA TANK o 0 000 00 cp00 00~" 00 00 )poooo00000o O0 00 00 00 00000000000000 00 TRANSMIER /SbT R R6N 'ATIY FEWER P.O.C. OF 111 0 P.O.Mf; NKN3D y, TELCO OF mm v.o.e PGlilt uFlcas LOT 5,' 10 GNED SP-3 / '1\9C EN. PLAN - L.M. LOT \A0, / LOT 2 LOT j z~ ROTE: NG GENERITOP PROP09EO S8 ARCHREGTURE' ENGINEERING CONGULTNG PIW M/W'uiMM,ifrvixE,G4 9]6:) %IauE; 19f9111S1pA Fzv;IP+91 <)S'Pof TO RE PARCEL MAP Ro 22664 PORTION Of LOT i APN 96]-890-002 TRACT No, 2007v Ma,, 169 / --16-19 GENERAL KEARNEY RESERVOIR RS0021A 31006 RANCHO CALIFORNIA RD. TEMECUU, CA 92591 ® aut ZONED LM GEN. PLAN - L.M. ANSI DIGHN, GRAD D SAGER, GN D, ND 6~P9}HD S, FvINIONNAW- -EG Dr RE GENT PREEM .°.io ..,°G FA. N `tea.: D.1T ° _.A''ND.YAM STERS, MfIiL. NOR, 61D1 cnDL.9emb• "`r:~ovifu °nzF'EOi . . ON, PAR. v°n muss' Nm, F. . P, TEND arvv' Nm, fam TO Rar . eemar wr wfisai O ru m.Rro'neG'm.i v rc TENCONATER, ATER. wwZi~hl'tL~iG ~WE~fwa x M~ ZONED SP-3 GEN. PLAN - L.M. M9, W / D4-DO MAUT 811 Cail FNta'T~9 D+'h t+OYrv.vo mm'IEO®1 i-.- 1 SITE PLAN I TA W(MAPPENNAGAEN. N .nS 41NMt i iLLMm OFET, W 1'~DatiAMLM D'ERGA.,A SAGE, N PmaA9m EFRwzxmlwv GENTEEL, 99ES v RESEN A=J MY 0.FEN9UOWR&~~•L Vai . "N "Q .1. AGO END CAND, _ ED NO. 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PA08-0149, A CONDITIONAL USE PERMIT/ANTENNA FACILITY APPLICATION FOR AT&T TO REPLACE AN EXISTING WIRELESS 50-FOOT CELLULAR MONOPOLE WITH A NEWLY CONSTRUCTED AESTHETICALLY ENHANCED 65-FOOT WIRELESS CELLULAR MONOPINE (FAUX PINE TREE), CO-LOCATE AN ADDITIONAL ANTENNA ARRAY FOR A TOTAL OF TWO ANTENNA ARRAYS, AND PROVIDE ADDITIONAL LANDSCAPING INCLUDING TREES AND VINES TO SCREEN THE PROJECT AND RELATED EQUIPMENT LOCATED WITHIN A FENCE AND WALL ENCLOSURE, LOCATED ON A 5.9 ACRE SITE OWNED BY RANCHO CALIFORNIA WATER DISTRICT, ON THE EAST SIDE OF MEADOWS PARKWAY APPROXIMATELY 1000 FEET NORTH OF RANCHO CALIFORNIA ROAD AT 41280 PLACER LAFITE, FORMERLY 31008 RANCHO CALIFORNIA ROAD (APN 953-390-002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 11, 1996 the Planning Director approved Planning Application No. PA96-0063, a Conditional Use Permit to construct a 50-foot high wireless cellular monopole and associated equipment. B. On January 9, 2008, the applicant filed Planning Application No. PA08- 0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road, 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 May 20, 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. PA09-0149 subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: A. The proposed Conditional Use Permit is consistent with the General Plan and the Development Code; The project is permitted by Conditional Use Permit within the Public Institutional Zone. The proposal to reconstruct existing telecommunication facilities in order to co-locate telecommunications services which is encouraged by the Development Code. Additionally, the General Plan encourages installation of new technological infrastructure throughout the City including broad band, fiber optics, wireless and other developing technologies. B. The proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings or structures: The project will upgrade the appearance of an existing monopole to further enhance its visual appearance and provide a better aesthetic design that is compatible with adjacent residential uses and surrounding landscape. There is no demonstrated evidence that wireless communication systems would adversely affect adjacent uses. Further, the project is existing and compatible with the facilities already at the site. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in this Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site is already developed and the telecommunications facilities exists. The applicant is revising and reconstructing the design of the monopole which will enhance its appearance and simulate its appearance as a pine tree to match the surrounding pine trees. In addition, the applicant is providing additional trees and landscaping to assist in the buffer to adjacent residential lot as well as provide additional screening to overall appearance. The existing site conditions are adequate in size and shape to integrate the new monopine design, additional antenna arrays and associated equipment and additional landscaping as proposed. D. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community; The concern regarding electromagnetic fields (E'MFs) surfaced in the 1980's and as a result several organizations reviewed the issue and developed standards for the protection against radio frequency emissions. Studies concluded there was no demonstrated evidence that exposure to wireless service facilities was harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard that is a hybrid of various standards developed by others. The FCC controls frequencies used by various entities and regulates the certification of their facilities. The 1996 Act expressly preempts State and local government regulation of the placement, construction and modifications of wireless service facilities on the basis of environmental effects. Staff has determined that the nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community E. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15302, Class 2 Replacement or Reconstruction); This is replacement of an existing utility facility where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose with negligible expansion of capacity. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0004, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna array for a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road, subject to the Conditions of Approval 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 20th day of May 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 20th day of May 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.: PA08-0149 Project Description: Planning Application Number PA08-0149, a Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed aesthetically enhanced 65-foot wireless cellular Monopine (faux pine tree), co-locate an additional antenna arrayfor a total of two antenna arrays, and provide additional landscaping including trees and vines to screen the project and related equipment located within a fence and wall enclosure, located on a 5.9 acre site owned by Rancho California Water District, on the east side of Meadows Parkway approximately 1000 feet north of Rancho California Road at 41280 Placer Lafite, formerly 31008 Rancho California Road Assessor's Parcel No.: 953-390-002 MSHCP Category: N/A DIF Category: N/A TUMF Category: NIA Approval Date: May 20, 2009 Expiration Date: May 20, 2011 PLANNING DEPARTMENT 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)). General Requirements PL-2. 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 approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL-3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-5. The City Planner may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file for Planning Application PA08-0149 with the Planning Department. PL-7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the City Planner. If it is determined that the landscaping is not being maintained, the City Planner 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. PL-8. The applicant shall comply with the approved Statement of Operations and Justification on file with the Planning Department, unless superseded by these Conditions of Approval. PL-9. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-10. The City, its City Planner, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modifythis Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its City Planner, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its City Planner, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permitapproved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit orforthe maintenance of any nuisance condition or other code violation thereon. PL-11. The applicant shall comply with Conditions of Approval on file for Planning Application No. PA96-0063, unless superseded by these Conditions of Approval. Prior to Issuance of Building Permit(s) PL-12. Four 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 bythese 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 appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. PL-13. The Landscaping and Irrigation Plans shall 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. PL-14. The Landscaping and Irrigation Plans shall include a note stating that "Two landscape site inspections are required: One inspection is required prior to irrigation line trenches being closed for inspection of the irrigation lines and a separate inspection is required for final planting inspection." PL-15. The Landscaping and Irrigation Plans shall include a note on the plans stating that "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." PL-16. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan), and the locations of all existing trees. PL-17. 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. PL-18. Specifications of the landscape maintenance program 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 applicant/ owner shall contact the Planning Department to schedule inspections. PL-19. All existing trees shall be shown on the landscape construction plans and no existing trees outside of the fenced area shall be relocated or removed. PL-20. Vines shall be provided along the exterior fence surrounding the entire equipment area that surrounds the monopine. PL-21. The Landscaping and Irrigation Plans shall include specifications indicating 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 applicant/owner shall contact the Planning Department to schedule inspections. PL-22. 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 bythe 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. PL-23. Construction Plans shall show and project shall be constructed to incorporate three- dimensional full bark cladding provided on the tree trunk starting at the base (at grade) to the top of the monopine. No two-dimensional bark cladding wrapping applique shall be permitted. PL-24. Construction Plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by pine needle socks. PL-25. Construction Plans shall show and project shall be constructed that all antennas, antenna mounts, antenna hardware, and antenna cables outside of the trunk shall be flat painted in a camouflage design of browns and greens. PL-26. Construction Plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL-27. The construction plans shall specify with a note that indicates construction plans are consistent in design, scope and proposed execution of the approved photo simulations produced by Artistic Engineering submitted to the City of Temecula in this Planning Application No. PA08-0149. PL-28. Construction Plans shall show and project shall be constructed so that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad and all branches) shall not exceed a height of 65 feet. PL-29. The lowest branch on the monopine cell tower shall never be above the height of the immediately adjacent real trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-30. An applicant shall submit a letter of substantial conformance, subject to field verification by the City Planner 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 priorto scheduling for the final inspection. PL-31. 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 City Planner. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. PL-32. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. BUILDING AND SAFETY DEPARTMENT General Conditionslinformation B-1. 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. B-2. The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Ordinance 03-01 and the fee schedule in effect at the time of building permit issuance. B-3. Submit at time of plan review, a complete exterior site lighting plan showing compliance with Ordinance Number 855 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 aimed not to shine directly upon adjoining property or public rights-of-way. B-4. 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. B-5. Obtain all building plans and permit approvals prior to commencement of any construction work. B-8. Show all building setbacks. B-7. Signage shall be posted conspicuously at the entrance to the project that indicates the hours of construction, as allowed by the City of Temecula Ordinance Number 94-21, specifically Section G(1) of Riverside County Ordinance Number 457.73, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are as follows: Monday-Friday from 8:30 a.m.-8:30 p.m. and Saturday from 7:00 a.m.- 8:30 p.m. No work is permitted on Sundays or Government Holidays. B-8. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. Prior to Submitting for Plan Review B-9. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-10. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-11. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-12. Provide appropriate stamp of a registered professional with original signature on plans. B-13. A pre-construction meeting is required with the building inspector prior to the start of building construction COMMUNITY SERVICES DEPARTMENT General Conditions/Information CS-1. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. Prior to Issuance of Building Permits CS-2. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F-1. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 1410.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-2. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5, Section 503.2, 503.4 and City Ordinance 15.16.020 Section E). F-3. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503.2.7. and City Ordinance 15.16.020 Section E). BMS COMMUNICATIONS IATC SYNERGYDEvELoPMENT SERvrCEs, LLC ci Igldila Letter of Justification 1. The proposed conditional use will not be detrimental to the public health, safety or welfare, nor be materially injurious to property or improvements in the vicinity, Unlike other land uses, which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunications facilities are based on technical requirements which include service area,. geographical elevations, alignment with neighboring sites and customer demand components. Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. The proposed facility at the subject location will not be detrimental to the character of development in the neighborhood for the following reasons. It will be unstaffed, have no impact on circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area wireless access to the rapidly expanding communications infrastructure by providing voice and data transmission services not currently available. The installation of antenna sectors and transmission equipment will not result in any material changes to the character of the local community. This proposed wireless telecommunications facility will operate in full compliance with all state and federal regulations including the Telecommunications Act of 1996. 2. The proposed conditional use is compatible with existing and future uses to the extent those are known, and will comply with each of the applicable provisions of the Zoning Ordinance...; Since their introduction, wireless telecommunications systems have proven to be an invaluable communications tool in the event of emergencies (traffic accidents, fires, etc.) and natural disasters (earthquakes, floods, etc.) where normal land line communications are often disrupted, overlooked, or inaccessible during and after an event has occurred. This service and similar technology are utilized by numerous governmental and quasi-governmental agencies that provide emergency service. Wireless telecommunications systems, including cellular telephones, have also proven to be invaluable tools in business communications and everyday personal use. In this sense, wireless telecommunications system networks are desirable in the interest of public convenience, health, safety, and welfare, and thus are proper in relation to the development of the community. The proposed project will/does not incur automobile use or pedestrian access. BMS COMMUNICATIONS INC. SMRCYDEVELOPMENTSERVICEs, LLC 3. If the proposed Conditional Use Permit affects land located within the coastal zone, the proposed conditional use will comply with the provisions of the land use plan of the Certified Local Coastal Program This project is not located within the coastal zone. 4. Based upon information available at the time of approval, adequate utilities, access roads, drainage and other necessary facilities exist or will be provided to serve the proposed use. This project will have adequate utilities provided to it by the existing building that it will be located on. 4. State the reasons for the proposed facilities location, design and height. Careful care and consideration was given in selecting the location, design and height of this proposed co-location. The first factor used in determining this proposed location is this proposed co- location site was previously owned and operated by Cingular Wireless. The existing site was conveyed to from Cingular Wireless to T-Mobile, this site must be replaced to maintain the coverage lapse that will exist in the same location. To choose the optimal replacement location, a radio frequency engineer and a deployment team are dispatched to the location to determine the proposed site feasibility and if there are any other alternatives. Due to the location of the existing facility at the top of a hill and the geographical outlay of the area, the proposed location is the only location to meet the coverage objective. By co-locating and replacing this existing approved facility with a stealth design, which was previously approved for the same subject property, it is believed that the visual impact of this proposal will be visually less intrusive than the existing facility and actually enhance it. The design of a fake pine tree was chosen based on the former approval of a monopine at the same subject property and that the proposed monopine will enhance the look of the existing facility due to the fact that the existing facility is a non-stealth design. The height was determined by the required separation of the proposed antennas from the existing antennas to avoid interference and have an operation facility that meets the coverage objective. It was also necessary to extend the height to yield a stealth design to maintain the integrity of a tree design. CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0063 (Conditional Use Permit) Project Description: A Conditional Use Permit for a 60 foot unmanned wireless communication facility Assessor's Parcel No. 954-020-005 Approval Date: July 11, 1996 Expiration Date- June 11, 1998 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 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 Seventy-Eight Dollars (578.00) County administrative fee, to enable the City to file the Notice of Determination with a DeMinimus Finding required under Public Resources Code Section 21108(b) and California Code of Regulations Section 15075. If within said forty-eight (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). General Requirements 2. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an 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 Planning Application No. PA96-0063 (Conditional Use Permit) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000.Qt=., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 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 the approval. RASTAFFRP'n63FA96.COA 7/15/96 sJb 4. The development of the premises shall conform substantially with Exhibit "A" approved with Planning Application No. PA96-0063, or'as amended by these conditions. 5. Colors and materials used shall conform substantially with Exhibit "A" or as amended by these conditions. 6. No advertising material shall be allowed on the antenna. 7. All electrical wiring associated with the antenna shall be buried underground or hidden in a manner acceptable to the Building Official. 8. The antenna must be adequately grounded, for protection against a direct strike of lightning, with an adequate grounding method approve by the City of Temecula Building Official. 9. Instillation must meet wind velocity criteria as set forth in the Uniform Building Code when deemed necessary by the City of Temecula Building official. 10. A maximum of one (1) antenna shall be allowed per lot 11. If safety lighting is required, blinking lights are permitted. Strobe lights are not allowed. DEPARTMENT OF BUILDING AND SAFETY 12. Comply with applicable provisions of the 1994 edition of the California Building, Plumbing and Mechanical Codes; 1993 National Electrical Code; California Administrative Code Title 24 Energy and Disabled access regulations and the Temecula Municipal Code. 13. Obtain all building plan and permit approvals prior to the commencement of any construction work. 14. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. OTHER AGENCIES 15. The applicant shall comply with the recommendations set forth by the Rancho California Water District transmittal dated April 30, 1996. 1 have read, understand and accept the above Conditions of Approval. Applicant Name R:WAFFRPT\63FA96.C0A 7110196 db 2 Notice of Public Hearin 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: PA08-0149 Applicant: Ed Gala on behalf of AT&T Mobility Proposal: A Conditional Use Permit/Antenna Facility Application for AT&T to replace an existing wireless 50-foot cellular monopole with a newly constructed and upgraded 65-foot wireless cellular Monopine (faux pine tree) to allow the co-location of a total of two antenna arrays (and related equipment) by replacing an undisguised monopole with an enhanced monopine and provide additional trees and vines surrounding the fence and wall enclosure, located on a 5.9 acre RCWD site at 41280 Placer Lafite 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 15302, Class 2, Replacement or Reconstruction) Case Planner: Betsy Lowrey, (951) 693-3959 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: May 20, 2009 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 judicial review of a decision of the Planning Commission is controlled by the statute of limitations provisions set forth in Sections 10attack, review, set aside, or void any decision of the Planning Commission is controlled by Chapter 2.36 of the Temecula Municipal 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) 693-3959. ITEM 6 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: May 20, 2009 PREPARED BY: Dale West, Case Planner APPLICANT NAME: City of Temecula PROJECT Long Range Planning Project Number LR09-0007, an Ordinance to SUMMARY: allow wind energy conversion systems within various zoning districts in the City of Temecula CEQA: Negative Declaration per Article 6 of Title 14 of the California Code of Regulations RECOMMENDATION: City Council approval of Ordinance BACKGROUND SUMMARY On May 6, 2009 staff presented the proposed Small Wind Energy Conversion Ordinance to the Planning Commission. At that meeting, the Commission asked that the following concerns be addressed by staff: • Clarify the Ordinance so that homeowners who reside within HOA's understand that their CC&Rs may not allow wind energy systems • Require a Conditional Use Permit (CUP) for applications in the Open Space (OS), Parks and Recreation (PR), and Highway Tourist (HT) zoning districts • Allow an increase in height from 60 feet to 80 feet in the Hillside Residential (HR), Rural Residential (RR), and Vey Low Density Residential (VL) zoning districts • Provide a minimum setback from neighboring residential dwellings within these the Hillside Residential (HR), Rural Residential (RR), and Vey Low Density (VL) Residential zoning districts • Clarify the prohibition of small wind energy conversion systems along Scenic Highway Corridors • Modify the ridgeline restrictions so that proposed ridgeline setback requirements apply only to the western escarpment ridgeline. Staff has prepared a revised draft Small Wind Energy Conversion System Ordinance addressing each of the above mentioned concerns. ANALYSIS Pursuant to the discussion from the May 6, 2009 Planning Commission meeting, staff has revised the standards for allowing small wind energy conversion systems by clarifying the approval process, height and setback requirements, restricted locations, and by incorporating language referring the potential CC&R restrictions for small wind energy conversion systems as follows: Approval Process The Planning Commission expressed concerns with the proposed approval process of small wind energy conversion systems. The Commission suggested that systems proposed within the Highway Tourist (HT), Open Space (OS), and Park and Recreation (PR) zoning districts and typically smaller lot zoning districts undergo a higher level review, whereas, the Commission felt that a staff level review for systems proposed within the larger rural lot zoning districts was appropriate. Additionally, the Commissioners expressed the importance for public input into the approval process of these systems. Based on the Planning Commission comments, staff proposes the following approval process: • For small wind energy conversion systems proposed in the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL), Low Density Residential (L-1), Low Density Residential (L-2), zoning districts, an Administrative Development Plan application will be required and may be administratively approved by staff. If during the application review period for systems proposed within the above mentioned zoning districts, staff receives written correspondence expressing concerns with, or objecting to, the approval of a small wind energy conversion system as proposed by the applicant, the project may be referred to the Director of Planning or the Planning Commission for consideration. • For small wind energy conversion systems proposed in the Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Community Commercial (CC), Neighborhood Commercial (NC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), and Public Institutional (PI) zoning districts, an Administrative Development Plan application will be required, and a public hearing held by the Director of Planning will be required for approval of the proposed project. • For small wind energy conversion systems proposed within the Highway Tourist (HT), Open Space (OS), and Park and Recreation (PR) zoning districts, an application for a Conditional Use Permit will be required, and a public hearing held by the Planning Commission will be required for approval of the proposed project. • All proposed small wind energy conversion systems will require notification of property owners within 300 feet of the site. Height Limit The Planning Commission expressed several concerns with the height requirements for small wind energy conversion systems. The discussion included raising the maximum allowable height of systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL) zoning districts, reducing the maximum allowable height of systems in the Highway Tourist (HT) zoning district, and requiring more Planning Commission oversight for systems taller than 60 feet. Based on the Planning Commission comments, staff proposes the following height standards: • For small wind energy conversion systems within the Low Density Residential (L-1 and L-2), Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Neighborhood Commercial (NC), and Community Commercial 2 (CC) zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. • For small wind energy conversion systems within the Highway Tourist (HT), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Public Park and Recreation (PR) zoning districts, the maximum height shall not exceed 60 feet. • For small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL) zoning districts, the maximum height shall not exceed 80 feet. Setback Requirement The Planning Commission suggested increasing the setback requirement for small wind energy conversion systems that are not attached to structures and adjacent to residential dwellings. As such, staff is proposing setback requirements as follows: • For attached small wind energy conversion systems, the minimum setback from the side and rear yards is five feet. • For freestanding small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), and Very Low Density Residential (VL), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), Public Institutional (PI), Open Space (OS), and Public Park and Recreation (PR) zoning districts, the minimum setback from the side and rear yards, including guy wires and anchors is 25 feet. If a freestanding small wind energy conversion system is located on a property that is adjacent to a residential dwelling, then the setback from the adjacent dwelling shall be equal to at least the height of the proposed small wind energy conversion system. Location The Planning Commission requested clarification regarding the prohibition of small wind energy conversion systems within Scenic Highway Corridors and along ridgelines. During the Commission meeting, staff indicated that 1-15 south of Temecula is listed as a scenic highway corridor. Through additional research, staff found that Section 260 of the Streets and Highways Code identifies 1-15 from State Route 76 to State Route 91 as an "eligible" highway for designation as a scenic highway corridor; however, at this time the 1-15 has not been "designated" as a scenic highway corridor by Caltrans. Following staff's research, staff is recommending that the language in Section 8 of the proposed Ordinance prohibiting the location of small wind energy conversion systems within a scenic highway corridor be retained in the Ordinance. The reason for this recommendation is to allow the proposed ordinance to apply to future potential scenic highway corridor designations, should Caltrans make such a decision. Additionally, the Planning Commission requested staff to clarify the prohibition of small wind energy conversion systems along ridgelines. The intent of this restriction is to protect the visual aesthetics of the prominent escarpment ridgeline to the west of the 1-15 freeway. Staff is recommending new language which specifies that small wind energy conversion systems are not allowed within 300 feet from the top of the western escarpment ridgeline. 3 Additional Clarification Staff is recommending the following additional minor clarifications to the draft Ordinance: • Language added which notifies an applicant about the potential for determining if FAA approval is required. • Language added which notifies an applicant to determine if a small wind energy conversion system is allowed pursuant to the CC&Rs. • Language added to give the reviewing body the authority to determine if the scale of the proposed small wind energy conversion system is consistent with the surrounding area. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on March 24, 2009. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and, based on an initial study, has determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project pursuant to Article 6 of Title 14 of the California Code of Regulations. ATTACHMENTS PC Resolution Exhibit A - Draft Ordinance 4 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 AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA" (LONG RANGE PLANNING PROJECT NO. LR09-0007) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 6, 2009 the Planning Commission identified a need to amend the adopted Municipal Code to add standards to the Temecula Municipal Code to allow small wind energy conversion systems (Long Range Planning Project No. LR09-0007). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the proposed Ordinance and environmental review on May 6, 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 on May 6, 2009, and after due consideration of the testimony and discussion of the Commission, the Commission recommended continuing the item to address concerns cited by the Commission. E. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on May 20, 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. F. 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. LR09-007 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending the City Council adopt an Ordinance, hereby finds, determines and declares that: A. The proposed Ordinance 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 Small Wind Energy Conversion System Ordinance conforms to the City of Temecula General Plan in that the criteria for establishing the need for standards to allow small wind energy conversion systems within the City of Temecula is identified in Policy 2.1 and Policy 2.2 of the General Plan Noise Element, Policy 2.5 of the General Plan Community Design Element, Policy 4.3, Policy 5. 1, and Policy 9.1 of the General Plan Open Space/Conservation Element, Policy 5.1 and Policy 8.3 of the General Plan Land Use Element, and Policy 9.3 of the General Plan Growth Management/Public Facilities Element. B. The proposed Ordinance is consistent with the Municipal Code and Development Code for the City of Temecula; The proposed Small Wind Energy Conversion Systems Ordinance has been designed to be internally consistent with the Municipal Code and the Development Code. Section 3. Environmental Compliance. In accordance with the California Environmental Quality Act, the proposed Ordinance No. 09- (Ordinance regulating Small Wind Energy Conversion Systems) is subject to the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations. City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. The Planning Commission, therefore, recommends that the City Council of the City of Temecula adopt a Negative Declaration 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. LR09-0007, 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 20th day of May 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 20th day of May 2009, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Patrick Richardson, Secretary ORDINANCE NO. 09- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH CITYWIDE STANDARDS FOR SMALL WIND ENERGY CONVERSION SYSTEMS IN VARIOUS ZONING DISTRICTS WITHIN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. The Planning Commission of the City of Temecula held a duly noticed public hearing on May 6, 2009 and May 20, 2009 to consider the proposed changes to the Temecula Municipal Code, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. B. At the conclusion of the Commission hearing on May 6, 2009, and after due consideration of the testimony and discussion of the Commission, the Commission recommended continuing the item to address concerns cited by the Commission. C. The Planning Commission, at a regular meeting, reconsidered the application and environmental review on May 20, 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. B. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 09-_, recommending that the City Council approve an amendment to Title 17 of the Temecula Municipal Code to allow for small wind energy conversion systems. Section 2. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of this Ordinance: A. Pursuant to the California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Municipal Code amendment as described in the Initial Study. Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on March 24, 2009 and expired on April 13, 2009. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the , 2009 public hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. D. Based on the findings set forth in this Resolution, the City Council hereby adopts the Negative Declaration prepared for the Project. The Director of Planning is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Section 17.05.020.6 is hereby amended to read as follows: "When Required. Administrative review is permitted for applications for minor exceptions, temporary uses, secondary dwelling units, small wind energy conversion systems, and for minor modifications to approved development plans and conditional use permits that were previously approved pursuant to Chapter 17.05." Section 4. Table 17.06.030 is hereby amended by adding the following: Table 17.06.030 Residential Districts Description of Use HR RR VL L-1 L-2 LM M H Non-Residential Small Wind Energy Conversion Systems 6 P P P P P P P P Notes: 6. Subject to the supplemental development standards contained in Chapter 17.10. Section 5. Table 17.08.030 is hereby amended by adding the following: 2 Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use NC CC HT SC PO BP LI S Small Wind Energy Conversion Systems' P P C P P P P Notes: 1. Subject to the supplemental development standards contained in Chapter 17.10. Section 6. Table 17.12.030 is herby amended by adding the following: Table 17.12.030 Schedule of Permitted Uses - Public/Institutional Districts Description of Use Public/institutional District (PI) S Small Wind Energy Conversion SysteM2 P Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 7. Table 17.14.030 is herby amended by adding the following: Table 17.14.030 Schedule of Permitted Uses - Open Space Schedule of Uses PR OS OS-C Small Wind Energy Conversion Systems2 C C - Notes: 2. Subject to the supplemental development standards contained in Chapter 17.10. Section 8. Subsection 17.10.020.R entitled Small Wind Energy Conversion System is herby added to Chapter 17.10 of the Temecula Municipal Code to read as follows: "R. Small Wind Energy Conversion System 1. Definition. Small wind energy conversion systems means a wind energy conversion system consisting of a wind turbine, tower, blades, associated controls and conversion electronics, which has a rated output capacity that does not exceed 30 kilowatts, and which will be used to reduce on-site consumption of utility provided power. 3 2. Use. A small wind energy conversion system shall be used exclusively to supply electrical power for on-site consumption. When a parcel on which a small wind energy conversion system is installed also receives electrical power supplied by a utility company, excess electrical power generated by the small wind energy conversion system may be used by the utility company in exchange for a reduction in the cost of electrical power supplied, as long as no net revenue is produced by such excess electrical power. 3. Approval. Small wind energy conversion systems shall be reviewed as follows: a. Small wind energy conversion systems within the Hillside Residential (HR), Rural Residential (RR), Very Low Density Residential (VL), Low Density Residential (L-1), and Low Density Residential (L-2) Zoning Districts shall require an Administrative Development Plan application, and may be approved administratively by staff, pursuant to Section 17.05.010 of the Temecula Municipal Code. If during the application review period, staff receives written opposition from one of the noticed property owners, the project may be referred to the Director of Planning or the Planning Commission for consideration. b. Small wind energy conversion systems within the Low Medium Density Residential (LM), Medium Density Residential (M), High Density Residential (H), Community Commercial (CC), Neighborhood Commercial (NC), Service Commercial (SC), Professional Office (PO), Business Park (BP), Light Industrial (LI), and Public Institutional (PI), shall require an Administrative Development Plan application, and shall require a public hearing pursuant to Section 17.05.010 of the Temecula Municipal Code. C. Small wind energy conversion systems within the Highway Tourist Commercial (HT), Parks and Recreation (PR), and Open Space (OS) zoning districts, shall require a Conditional Use Permit and shall be reviewed by the Planning Commission, pursuant to Section 17.04.010 of the Temecula Municipal Code. 4. Application Requirements. All applications for small wind energy conversion system shall require a building permit in accordance with the requirements of the Building and Safety Department, and shall require the following information: a. A site plan in accordance with the requirements outlined in the application for small wind energy conversion system. b. Drawings to scale and an engineering analysis of the entire system, including, but not limited to, the turbine, blades, tower, or mounting 4 system, footings, and guy wires, shall be in compliance with the Uniform Building Code (UBC), and shall be certified by a California- licensed professional mechanical, structural, or civil engineer. The analysis shall demonstrate that the system is designed to meet the most stringent wind requirements (UBC wind exposure D), the requirements for the worst seismic class (UBC Seismic 4), and the weakest soil class, with soil strength of not more than one thousand pounds per square foot. C. A line drawing of the electrical components connecting to the turbine in sufficient detail to allow for a determination that the manner of installation conforms to the 2007 California Electric Code. d. Information demonstrating that the system will be used primarily to reduce on-site consumption of electricity. e. Documentation that the provider of electric utility service to the site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant intends, and so states in the application, that system will not be connected to the electricity grid. f. Documentation that the proposed height of the wind turbine tower does not exceed the height recommended by the manufacturer or distributor of the system. g. Documentation that noise generated by the small wind energy conversion systems does not exceed noise levels at property lines as specified in this ordinance. h. Manufacturers' specifications including: type, size, rated power output, rotor material, performance, safety, and noise characteristics. i. Documentation that the proposed system has a manufacturers' warranty with at least five (5) years remaining from the date the application is filed. j. Documentation that the proposed system has a record of as least one (1) year of reliable operation at a site with average wind speeds of at least ten miles per hour. k. Information that the system complies with all applicable Federal Aviation Administration (FAA) requirements, including subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part I [commencing with Section 21001 ] of Division 9 of the Public Utilities Code). If it is determined that a proposed small wind energy conversion system located in an area that poses a potential interference to the French Valley Airport, the 5 applicant may be required to provide the distance from the closest point of the runway, the latitude and longitude, and the maximum elevation above mean sea level of the proposed small wind energy conversion system. If it is determined that the FAA should be notified, the applicant shall electronically file Form 7460-1 "Notice of Proposed Construction or Alteration" with the FAA Obstruction Evaluation Service (oeaaa.faa.gov). No building permit shall be granted for a small wind energy conversion system until the FAA has issued a determination of "No Hazard to Air Navigation" for the project. 1. Letter from the Homeowner's Association indicating installation of a small wind energy conversion system is allowed pursuant to the HOA rules and regulations. The applicant is advised to verify that a small wind energy conversion system is allowed pursuant to the CC&Rs. M. A radius package from a title insurance company indicating all the property owners' names and the mailing addresses for properties located within a 300-foot radius of the exterior of the lot boundaries. 5. Standards. All small wind energy conversion systems are subject to the following requirements. a. Prohibited Locations. A small wind energy conversion system shall not be located: i. In a manner which obstructs the view from the public or of neighboring properties from a scenic viewshed as identified by the Community Design Element of the City of Temecula General Plan. ii. Within a conservation easement established in compliance with Civil Code Section 815, et seq. and following, that does not specifically authorize wind energy conversion systems. iii. Within an open space easement established in compliance with Government Code Section 51070, et seq. and following, that does not specifically authorize wind energy conversion systems. iv. Within a scenic highway corridor designated pursuant to Article 2.5 (commencing with Section 260) of Chapter 2 of Division I of the Streets and Highways Code. V. Within or over a utility, drainage, or other established easement. vi. Within rive rine/ripa ria n habitat or other sensitive habitat areas as defined by the Western Riverside County Multi- Species Habitat Conservation Plan. 6 vii. Within twenty-five (25) feet of the canopy of a protected tree as defined by the Temecula Heritage Tree Ordinance. viii. On a slope equal to or greater than twenty (20) percent. ix. In an area where FAA regulations would require a beacon, including but not limited to hazard beacons and strobe lights. X. Within 300 feet of the western escarpment ridgeline. Protected buffer for the western Escarpment Ridgeline OS 5 ~ Ili!"(J~ f{III ~J ~~T. wJl~4;[(i~iJlli li{~••--may 1 HR b. Site and Architectural Compatibility. Small wind energy conversion systems shall be designed and sited to minimize visual impacts to the surrounding area. i. Small wind energy conversion systems within the L-1, L-2, LM, M, H, NC, CC, HT zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system shall not be freestanding, but shall be attached to the primary structure, second dwelling unit, or garage. ii. Small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts shall be designed to be compatible and to scale of the site and surrounding area. The system may be freestanding or attached to the primary structure, second dwelling unit or garage. iii. The finished surfaces of small wind energy conversion systems shall be muted and visually compatible to blend with the surrounding area. C. Quantity. Small wind energy conversion systems are limited to one (1) per lot. 7 d. Setback requirements. A small wind energy conversion system, including guy wires and anchors, shall be set back from adjoining property lines, provided that it also complies with any applicable fire setback requirements and maximum noise levels as follows: i. For attached small wind energy conversion systems, the minimum setback from the side and rear yards is five (5) feet. ii. For freestanding small wind energy conversion systems within the HR, RR, VL, SC, PO, BP, LI, PI, OS and PR zoning districts, the minimum setback from the side and rear yards, including guy wires and anchors is twenty-five (25) feet. If a freestanding small wind energy conversion system is located on a property that is adjacent to a residential dwelling, then the setback shall be equal to at least the height of the proposed small wind energy conversion system. iii. Small wind energy conversion systems shall be set back from above ground communication or electrical lines in accordance with the requirements of the communication or utility provider. e. Height limit. The maximum height of a small wind energy conversion system shall be as follows: i. All small wind energy conversion systems shall not exceed the manufacturers' height recommendations and shall comply with all FAA requirements. ii. For small wind energy conversion systems within the L-1, L- 2, LM, M, H, NC, and CC zoning districts, the maximum height shall not exceed the maximum building height of the zoning district in which the system is located. iii. For small wind energy conversion systems within the HT, SC, PO, BP, LI, PI, OS and PR zoning districts, the maximum height shall not exceed sixty (60) feet. iv. For small wind energy conversion systems within the HR, RR, and VL zoning districts, the maximum height shall not exceed eighty (80) feet f. Turbine. The turbine technology proposed for the system shall be approved by a recognized standards-setting body for utility interactive power systems, such as the International Electronic and Electrical Engineers (IEEE 1547), or the Underwriters Laboratories Inc. (UL 1741). g. Noise. Except during short-term events including utility outages and severe wind storms, a small wind energy conversion system 8 shall be designed, installed, and operated so that under normal operating conditions, noise generated by the system does not exceed the following: i. For small wind energy conversion systems proposed for within or adjacent to residential zoning districts, the maximum noise levels shall not exceed sixty (60) dBA at the property line. ii. For all other zoning districts, the maximum noise levels shall not exceed the outdoor noise levels at the property line as required by the City of Temecula General Plan. h. Speed/Brake Controls. A small wind energy conversion system shall be equipped with automatic speed controls to limit rotation speed to within the design limits of the system. Additionally, a small wind energy conversion system shall be equipped with a braking system that will allow the system to be shut-down in case of an emergency. i. Access and Safety. i. All small wind energy conversion systems shall be designed such that access is controlled to minimize inadvertent human contact and injury from all moving parts and electrical components of a system. ii. All climbing apparatus must be located at least fifteen (15) feet above the ground, and the tower shall be designed to prevent climbing within the first fifteen (15) feet. j. Signs. For tower mounted systems, only one (1) sign, limited to eighteen (18) inches in length and one (1) foot in height, shall be posted no higher than six feet from the base of the tower, and shall include a notice of no trespassing, and warning of high voltage. k. Lighting. No illumination of the tower or turbine shall be allowed. 1. Maintenance. A small wind energy conversion system shall be maintained in an operational condition that poses no potential safety hazards." Section 9. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Temecula hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. 9 Section 10. Notice of Adoption. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. 10 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , Maryann Edwards, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA } I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of , , and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 11