Loading...
HomeMy WebLinkAbout071509 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. AGENDA TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 15, 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 PRESENTATIONS/PROCLAMATIONS 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 June 17, 2009 2 Director's Hearing Summary Report RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Plannina Application Number PA08-0233, a Conditional Use Permit for the construction, operation and maintenance of a 78-foot monopine wireless antenna facility, located at Rancho Baptist Church. 29775 Santiago Road, Dana Schuma RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0233, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS FACILITY CONSISTING OF A NEW 77 FOOT 4 INCH MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT RANCHO BAPTIST CHURCH LOCATED AT 29775 SANTIAGO ROAD (APN 922-130-017) 4 Planning Application Number PA08-0271, a Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank with ancillary equipment located at 31850 Calle Saraqoza, Dana Schuma 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. PA08-0271, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A WIRELESS ANTENNA FACILITY CONSISTING OF A 35- FOOT FAUX WATER TANK AND ANCILLARY EQUIPMENT LOCATED AT 31850 CALLE SARAGOZA (APN 957-170-020) 5 Planning Application Numbers PA09-0184 and PA09-0185, a Conditional Use Permit and a Finding of Public Convenience or Necessity for a Type-20 (off-site sale) ABC license and Type-42 ABC license (on-sale beer and wine) for the Wine on a Dime located at 28061 Jefferson Avenue Dana Schuma RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0184 AND PA09-0185, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT WINE ON A DIME OFF- SITE RETAIL WINE SALES AND WINE TASTING (TYPE-20 AND TYPE-42 ABC LICENSES) IN THE EXISTING SANTA ROSA BUILDING LOCATED AT 28061 JEFFERSON AVENUE (APN 921-060-009) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 5, 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.citvoftemecula.orci. ITEM 1 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]. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 17, 2009 - 6:00 PM Next in Order: Resolution: 2009-11 CALL TO ORDER: Flag Salute: Commissioner Harter Roll Call: Carey, Chiniaeff, Guerriero, Harter, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 20, 2009 APPROVED 4-0-0-1, MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSTAINED 2 Director's Hearina Summary Rer)ort RECOMMENDATION: 2.1 Receive and File the Director's Hearing Summary Report APPROVED 4-0-0-1, MOTION BY COMMISSIONER CAREY, SECOND BY COMMISSIONER CHINIAEFF; VOICE VOTE REFLECTED APPROVAL, GUERRIERO ABSTAINED 3 Planning Armlication No. PA09-0157, a Conditional Use Permit and Plannina Armlication No. PA09-0156 a Finding of Public Convenience and Necessity for a proposed 7-11 Convenience Market with a Type 21 (off-sale beer and wine) ABC license occupying 3,016 square feet of retail located in an existing building at the northwest corner of Winchester and Ynez Roads, addressed as 41125 Winchester Road, Suite A3, Cheryl Kitzerow/Matt Peters APPROVED 5-0, MOTION BY COMMISSIONER CHINIAEFF, SECOND BY COMMISSIONER GUERRIERO; VOICE VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 09-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0156 AND PA09-0157, A CONDITIONAL USE PERMIT FOR A 7-11 CONVENIENCE 1- MARKET AND TYPE-20 ABC LICENSE FOR THE INCIDENTAL SALE OF BEER AND WINE, WITH AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY, LOCATED WITHIN AN EXISTING SHOPPING CENTER AT THE NORTHWEST CORNER OF YNEZ AND WINCHESTER ROADS, ADDRESSED AS 41125 WINCHESTER ROAD SUITE A-3 (APN 910-281-003) REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, July 15, 2009, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. Stanley Harter Chairman Patrick Richardson Director of Planning and Redevelopment 2- ITEM 2 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: Planning Commission FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: July 15, 2009 SUBJECT: Director's Hearing Summary Report Planning Director's Agenda items for June 2009 Date Case No. Proposal Applicant Action June 4, 2009 PA08-0244 A Development Plan and Gregory Hann APPROVED Conditional Use Permit to construct a 946 square foot, self-serve, drive- through car wash at an existing Arco Gas Station located at 44239 Margarita Road Attachment: Action Agenda ACTION AGENDA ACTION AGENDA TEMECULA PLANNING DIRECTOR'S HEARING REGULAR MEETING JUNE 9, 2009 1:30 P.M. TEMECULA CITY HALL MAIN CONFERENCE ROOM 43200 Business Park Drive Temecula, CA 92590 CALL TO ORDER: Stuart Fisk, Senior 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 Project Number: Project Type: Project Title: Applicant: Project Description: Location: Environmental Action: Project Planner: ACTION: 1:30 p.m. PA08-0244 Development Plan and Conditional Use Permit Arco Car Wash CUP Gregory Hann A Development Plan and Conditional Use Permit application to construct a 946 square foot, self-serve, drive-through carwash at an existing Arco Gas Station 44239 Margarita Road CEQA Categorically Exempt per Section 15332, Class 32 In-fill Development Projects Eric Jones 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 packetthe 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: July 15, 2009 PREPARED BY: Dana Schuma, Case Planner PROJECT Planning Application Number PA08-0233, a Conditional Use Permit SUMMARY: to construct, operate and maintain a wireless facility consisting of a new 77 foot 4 inch monopine and associated equipment cabinets located at Rancho Baptist Church, 29775 Santiago Road RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development PROJECT DATA SUMMARY Name of Applicant: Royal Street Communications General Plan Very Low Residential (VL) Designation: Zoning Designation: Rancho Highlands Specific Plan (SP-2) Existing Conditions/ Land Use: Site: Existing Rancho Baptist Church North: Hillcrest Academy South: Existing Residences East: Temecula Community Church West: Interstate 15 BACKGROUND SUMMARY On October 6, 2008, a Conditional Use Permit application was submitted proposing a 77 foot 4 inch monopine (faux tree) cellular tower for Royal Street Communications. 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 construct a new 77 foot 4 inch monopine and associated equipment cabinets within a new eight foot CMU wall and wrought iron fence. The site would be considered a multi-carrier wireless site given the existing 87-foot monopine which currently has three carriers. The applicant's proposal to locate at this site is consistent with Development Code Section 17.40.040 which states that the City shall encourage the establishment of multiple-user sites. This requirement prevents the blight of excessive telecommunication facilities within the City. The site is not highly visible, but it may be seen slightly from the 1-15 freeway adjacent to the project site (west side). The site is owned by Rancho Baptist Church and currently has an 87-foot high monopine with ground mounted equipment located on the western side of the site adjacent to the 1-15 freeway. The new monopine is proposed to be located directly next to the existing monopine where existing mature landscaping helps to screen visibility. Both the existing and proposed monopine meet all of the development standard requirements and setbacks as set forth by the Telecommunications Facilities and Antenna Ordinance within the Development Code. Development Code Section 17.40.010 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 proposed, the facility will provide adequate branch coverage, full foliage, three- dimensional bark cladding, and a naturally shaped canopy of branches. Furthermore, the tower is not located closer than 75 feet from any residential structure. In identifying the proposed location for the new monopine, using existing facilities was first considered. The only collocation possibly for this area was the existing monopine located on the site; however, the facility is already occupied by three carriers and no space is available for a fourth carrier. In compliance with the Telecommunication Facility/Antenna Ordinance the proposed site was identified as the best candidate considering all factors. 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. Architecture The facility has been designed so that 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 77 foot 4 inch is required in order to accommodate the service provider as necessitated to serve the telecommunication services within the area. Furthermore, the height of the structure will be 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 77 foot 4 inch (Condition of Approval No. PL-20). 2 Landscaping The project has been conditioned to ensure that all existing trees surrounding the existing facility remain intact. Vines will be planted along the fencing surrounds the equipment to further enhance the site. Due to the site's limited public visibility, no additional landscaping is proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 4, 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 15332, Class 32 In-fill Development Projects). The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is conditionally permitted within the Rancho Highlands Specific Plan and Very Low Density Residential zoning designation of the Development Code. The project is consistent with all development standards, including setbacks and design requirements for the site. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 4.2 acre site surrounded by existing residential and religious facility development within an established area. The project site has no value as habitat for endangered, rare or threatened species. The property is not known to have any value as habitat for endangered, rare or threatened species as it has been previously graded, disturbed, and developed. Additionally, the project site is not recommended for habitat conservation under the Multiple Species Habitat Conservation Program (MSHCP). The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Development of this type, a wireless monopine facility, does not generate traffic, create noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan EIR. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. 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 Rancho Highlands Specific Plan and Very Low Density Residential zoning district. 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 is not highly visible to the public. It is proposed on the western side of the Rancho Baptist Church site adjacent to an existing taller monopine along Interstate 15. The proposed facility will be compatible with the existing facility and landscaping. No residences are directly adjacent to the facility. There is no demonstrated evidence that wireless communication systems would adversely affect any surrounding residences or other uses. 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 with a telecommunication facility. The existing site conditions are adequate in size and shape to integrate the new monopine and associated equipment, 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 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 is harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard and expressly preempts State and local government regulation of EMFs. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Justification Statement of Operations Notice of Public Hearing Hoye/Street CommunicaHOns California, LLC ® r ® ~ ® i 2915 E Gw 0. flfAL . A561 GQ G NS IN CR 9R PPOIER N °RIMi ON: fft~NC:HO BADTH.Y CHUHCH L43657 1T55ANTNGORD. LL TE E.ul to 8R88RaPS CODE COMPLIANCE w,rtlsus Plw[ a Pw wiD N _ ro`rs`vu~n11 t0i"o ~ XD] ~fo me fo *N[ iru rave l u nw [ iew Xw=L ' W) .1 C ID]] wrtarra E rott < J -1 ) mr fPF r0]E (D] OC) PROJECT TEAM CIVIL ENGINEER: TELCO: wN m DES aPoY q pa NR[ KMig9 CUMG fm I w ESZa. 'MVF(A PWMR m Pom mie. y ]ssmw mPn. wX mXXm SITE ACQUISITION: POWER: W]u ttRwu[xt swK[s, u1C Y 5[E ~ E vRMF[. SAE N9 R.uE G ~p ~qAf tlu[BDNN ~tP M ] f [ ~E I9]al e]f a es p .uo x GvP[a ewiw ZONING MANAGER aw-vo-me~ C[5. xC = GR N E m 1n u OnmA D XNNE 19N91 RF ENGINEER: ~ ~ ]n GUW PW, tl56 TTDI G~ ~ Pxart. VI9) ]m-n6x CONSTRUCTION MGR.: amm ma.MiGnDNS rwcxXw uc (scl xis nu y KEON RANCHO BAPTIST CHURCH U3453A 29775 SANTIAGO RD. TEMECULA, CA 92592-3055 PROJECT DESCRIPTION mE vmxn GN~a . p) w..I µlwXa uoDXma DII wnNG~ ofof <n Eavlmz owns w PRDwsm vn~wsm~wwwe~wim momw Dr.w~ ffamuw'"iomw~ww`~fA 6EM]W.IgX a mE XmmaD EwRlmn f , rz~m AD2S s D) EM u+Rlw PROJECT INFORMATION APPLICANT/LESEE az ID, n]ua ~ u w. xv ixse~ A xws zwws zmues. wzs (a lm) .mllrea~"mEn°u~ mcmw Nai fN .,zWMR Xw+e (~ilm~].]] rAE Pr.Y1t Mu&R ]MG ✓MLrK'IUtPRatnl ME[5 Ndrts9 (6 avulEPE) P_.. ttf.,w~xre.+m GP PRD Inlslm.~r[un RYATD w. VNM W91v REyWnW RvG LUD uuremPasn LUA OE ]OIN TMW -IW m~1B'1. YW#RR fulO~uSk Y'Wq RR Im mN .C 84tlK.6Q BY L4 oPG Y Sr. WRCVK aHU :dam Mn~Pabf6IXS811walE P P~ rott~Errfew IRR I.wmmf a[ea+w aoE) mx misnurmx tPrx NamaN muN ~n r wm.A Xss rm sre«IRS o/w~.x~[~ -[61b4 FIKK,ivR~ 6w mR PPINRC~M' R Vm, NVi mI wRSi ro XmESr vNln a mn5 06/23/09'. ] cow: 100% ZONING 6 Cfin3/03 :]MR 20XIXC : 13/I6/P9 pC ] ]ins/ce vox zaXlXc oa/zfi/De O 09/27/Da NINc o w/v/m SEQUOIA RCWN B!: CHK: SAW.. EN pC CC_ CENSER: MET THE TRIEGXEET, 6REINFCMMEION- Aroviclxrrrwa XEEE NWARFR T-1 \ LOT 10 Arx bu-noore sEEsHEETo-z ®aEwEG ~FOR DEfAIL- EWnM `\r M R 6 L Z~ A N~ f.` Iy.- ~N, d 1 I ~/1 cww[ 'll 11 1 '~II{Ij~l 1 Ij <JI; me~ II OO 1~I z III H IV! LOT 9 LOT 3 "M LOT 2 Arxsarx c axvExE iaa uawmT u\x rEwiNr Pav lWx O rum w+n SEE SHEET C-2 FOR COOROIN4aE5: Q m o n m5uw v SANnAGO ROAD ?~Y P - ax u E i w I"' nlmi wrs°nwmum. lum+o xar eumM ~EmoX mmwc R«.s-exaxmw. r wu r RyW w' - ~ u . MOiyWF PP515 OF BGRWGS MW _ _ _ _ _ _ _ _ _ _ _ _ wE <EtnErvl¢ rc swnim m\o vm WSf PW YR OF TVGI NO. EWI.4x 1%/8A FSASSOP's IoEMIiIGiION: RNWAYE O]MT'AY.x. BII-IWOIa 4 \ .1 D oats rW mrux mum' amaw BENCH WRX: \ NNN u aoml uwrtc sn25 m N \ K s4xH M ME'R'gY O at NNM WMM1VMIE TRACT NO. 20591 ` EIEUIEN: loan Wca ul.u. M-) \ M.B. 159 / 22 - 24 nns PEPGM mexrlncnnox: LOT 8 ` nrinE a 'I"E °f `'"I `OPJa u°+,N '(D Arx 9'~-'}10-016 . , xK r R wm 9 M 6.34 i I US \ N F/SEMENl xolESi ~ rW9DY TR[PWM EWFprM aM51DXP' \ w mm-11mw rtc .xxc ma amDlr nccaas a xabl~ RWaa~al..,~ `mm a Ws n „a R u ` Pw9 e D ` 6K G41L4f FM MF REM rO ThW MRI 193. \ K INflM11iM W. 11]taA SfPIINWP 1. 19T1. WM4!£O]Pffi (lal PLaTY/J RB 810 flYET)'. n cuPYallu mm9 wR m" ~a 1aa K Ixsmwvn ~ w No-I. OFFONL R . ia a nc xE lA K C601iM RA SIO0.V . NN 9Cf6F0 18a. K PSTiJl01f NO. fl-1X595. EfFPML ~n 7- J` _ ~ WINMMSVMWN CWER4N WHW aM / / ` t6ac vlemp ~ maaa~W 1p 1~9o,.a (y FlPF01Lq WLPiR9 WY 2 9G1. o j \ FON MIWOXf hV. hfISY]20filaL RRWA \ N. O aeEns na nonm xWm. \ Icwl GrscXIrnGN: .1. ~10YH n" `c` o a z ° LOT 4 z. rs Uwa a a sa ra+ . ` arx aaz-vo-'mz 1 « ~„NG ME IXSaMNMX TiF91 IN WSF Wl \ Ed F. OF 0Y I. OF. . M~ OF ~ivuxaaE4 pp1N TF0 WM OWxx~r iEV OF NID j Mr .LLW C~6VIHE.MW 4 J P MF G OF SW R R BO OF F wo M 6 \ ON. N. wuXa plmr. O F vrD P ]M nx wma OF % NONFON~ wml.u urMw, mlrs m rl<wv ric o""' XKrow KD ON mo TTT °f III T.. OO r X.r Em6m VAMP, wsxxw m T7. 'a"` w P nm au w.ww PGxrt m TC wlms x w a: fe.II~ MD ns T¢ " YNP i O`aW wW.rwawr WPmn erwxwxn ro r wan ~OO NO SM. MNISD Wbi R R ME IXEMR4 aDVXldf N ~ N `E 0.5 P6WR -MSOORD WI O ~ WONE IO AM:MMFSEC XIRCM HRININ .xL X 9.LLga W95 0 WMOP. WNPiD. XMFYti1. 44 ~8xV1: Npt M PoOM N M4M. NRr. IXPK.f x ~IF W bxDVCIW15. WYpNO RY S DR rX ~ ONK 118 iW8N .WDaLLKRCIMM YN PE41hID. r azen. K llsaumrt m. ~D® m g T WTE OF IIIF r: -.l - 8II-t]R6 KPOfa PDOR Hnyn/Street i CommunWtJ4 s _ com m/a, LLC DR. VN ITT. 2913 EL No REAL #111, 93 GRWECi INF 4ON: p , _ / / ~y~BnuE ZUX LA3 LA 3453A P"IST RPN RCH ' _ 275SANT GOROA EMEC D TEMEWLA.CAROA A AA92592 / ~ AAT CURREUi SSUE CniF ARA + A, rzRY.wE. R ALE ~ ar+ 08/18/08. K imm n W AVEO FOR n &4DUD. W a ~NAq RSA` REVIEW. ARATE MI O EV. ~ wiL~ESCRIPnON:=er: c [ IR r E~ RA, ~ WIN/m FaR.[ lw II R m ° ' cvy' i =ce v u„m e- s E [IE~tt4JOGL v`4'L [9/31 ioe *EEO nIl{lN O, Bil c A N m9EO amr a' P - cwo¢rz oR . 1° " R..,,o aus ox Ewma vu< ' z xn~ IT, w. i~ iw ^ 0EXC cowarz rcw 4 ,ae : A[w.. wwE ENTER - 'mA 1 uss .w[ - RAN'. i ^ Faun e p CRi AREA ` C RREETEE ~ 1 v M1titE MIL INNGINEER µ s / ® m T_ ' rcnW -o- CONNEL~wO E O NG R~OUR, LLL AKL DR GCUL°'ER EATTENNE C ~3 A TAR - EWWICVWENI ~ ~ ~ [2 E VA'W1Mn.'W11Po1 vu,T -ARE. WW RENE ONSULTN, sN69 n w i YMC WII p}pL~~. Ram AND AS OCIATE$ INO 1 Wd0 SURVEYING & MAPPING FIR 6' aea .lRw<rA E.c PIRM m714 ~ _ 1 R. .111. %B. fnX ,y= rowww 9r: Enrc..~ ~ L u0[ EST R an' + ANNi B LICENSER: DXT AAD CRESS AR[A,, ` m , u 1 'p~-U° - wASZ,.v ~ O 4 RI1 rm Yleq . F` RIA DIRT Are a y ~ ~ NEEi RrIE m cMCUiE wuR TOPOGRAPHIC a SURVEY 1 ~ _ \ E3RAwy pI . nEET NVMBER SEE SHEET C-1 FOR MMAnr nrn TM E wro C - 2 Roye/9tmet \ \ '.leet o io +~ar' y g LL i E \ ` r., za,3 u n EL Cwxo REU . # ss+ \ SANTIAGO RD. xs x. u az]az - PRWEC! NfORM4iIGF Mar _ a HcxoearmTCHUMx <A3Q'9 9]]SSPATAGO ORD. TEMECUU CA PL5 230.U I \ . 9 \ Y _ - l\' I a `1 \ CURNEM I MW 06123/091 11 / Ir / O RI FOR 100%ZONlNG G + ' - /I /I \i EV; ~ qTE: pEECRIPTON 81 \ I O I \ 1 1 I ` @IS I \ \ VI I \ 06/3]/49 +OO, ZONING GO Ns 1 1 a +t/+0/o0 E~~R GO ryM 1 ` cox ZPU 4 ON f x x 3 1+/30/OG wmlwwm w[ NYw.. LLS 1 \ 3 09/34/ar +M'.EGNW4 ONG \ l 1 1 1 /Z,/. . ZW+WG u- ax-i w 6wAR x ' OB/Z 9P[ ZONNG Y x ffi W NRw I~ \ ML E GNEER % x m wse.w. w area • NT x _ ~ _ n I WNUa n _ _ _ _ _ T .mvrn v WIN x ca ft r s w ONRVLTMI! xro wn x of e[rw % _ SEQUOIA e x SO,, Rnw +o.nw ~ . ~ ` ~ crv oc or \ R, \ LICENSER' R ' \ Z 2 jy .3 SXEET iNl£ m \ ~ ~ ~ OYERPLLSRE P+AN ~ I / PGEP a mvx.ro wouwsl ~ L 1 ~ww SNEEi NVMBER ~ I 1 N A-1 OVERALL SITE PLAN ma 1 I Royal Sheet 8 ' , * communlcatlons 5 * / Ca11/omla, LLC * / 1911 iU SPN. N'G N 92F : /561 P81 * ' * PflpJELi MipRWiIDN: / MNCHO BiMIST CHURCH 19ZZSE N TE,GOPD. FcMECUtA Ch 92592.'A55 rCVRREM ISSV MiE' / - 65VED iDR: REV:cpnrz:=DDSCRiPraN:=er: man u[ y`:v' PI IOW R e CONC. DRIVE m ss w. SS~~ y~ aC~ ) wn~ W x¢umn-m l9 9' G WIma~1. WI I W/2VO9 ZOMN6 A 12/16/ 100% ZONING W 11/2s/W BB R W/16/OB 02F ZM"HO OD I C /27/M IOOR ZQ WG 0 09/ZI/BB OR ZONw tQUOIA 91,E R A-2 i i gi P _ 09 Jp 9~p 6" O• b gZML JH S S'i'tOA G`AF'tN c oP"v~J `SO O ~ ~ M -hJ"h++ ~999y oEtPPlJJ OS 60 R vu lawx E m«~ 14 ff 4 ~b s@r Ge +w I I ~ 8 ~ N m I =0=1 N s ® 2 EQUIPMENT LAYOUT wwmin a N anxxn<xuuwn,f. ` ~ a ~ m rms Y Ixn~l MIC: mxxxK ru+pi l[l~ [ uursw ~a lLe ~rmnaaM~u IMI~JYfu1Mq [ep+Xl m Ta-,nc- T mnrua~ 29-NR. 00Nf T 51GNBG4i1 w¢rv SXALL GE MGUNIED -N E BMEN~GE GlE N EOVIPNF d - I I } -iI I m rlla ou «u~ ROye/St/eet I ~ Communlcet/ans m -nw~..r9R., Cs//lom/8. LLC ~ 2913 EL GMwO RE9L. ,$581 TISTX G 92'188 - 16O1 I~ PO ECi fORNPTGN: mm ra mvn RANCHO BAP WCHURCH I LA 453 291r55PNTIAGORO. L WMECU C 92592.1858 aat19 CURRENT 55UE GATE. 06/23/09 SSIIEX f0R 100-/.ZONING. s Gsixs/B9 '+oox zonmB v s +ym/w wx zxxwG oc S 1+/x5/C9 IWS 20uwG - BB x W/26/W ONI BB + CB/27/0B W zom- 88 B/x+/0 NIL ENGINEEfl: .a au aw.m 3 yllxyyrtiyn CGNSVLTNR SEQUOIA I- p ~ORnWN BY: CHK.> =PA'.= EN OC - 0C LICENSER: Alb mw~ax-Ir..II / xEET nnE sB.-ixc mxOVS ~2 E^N4AGEG SITEPIPN, `Q NIQIxA wrouTa EGVIPMEX(LPYOUr SNEET NVMBFA'. A-3 Roya/Street. Common/cetlans Ce//lomla, LGC 2913 EL UM NO RGL. X361 iVSiIN G 9Z)82 xu w[swq PROJECT lM RNA]ION: _ Ir RANOXO SAPTISTOXUSON w. ~~a~w Mw' I _ LA3439A L 2B]]55ANTIAGOM reI,MaLA, cA szs92aoss ~CVRREM IESVE WIE: 06/2a/09 IssoEO EDR: 100% ZONING ~-REV.:~AIE:=OESCRIPTOX'-BY:= D6/9/BB 1Mx ZD % ]/16/W 1= nm~ 11/]5/09 lcox ZDmn4 09/])/CB IWF IwD OB/t1/p9. 9ox ECwH4. ~CML ENGINEER'. IA II Kx =wva [m~-rexVCUw I'o CQI.m =-4 Raya/Sheet .rt K Commun/cnNone Ca/iloinia; LCC 29 ] EL LPMIN° 9561' iuETx CF 92782 2]82 PPWEC! INFORMPMX: RANCHO SAMR CHURCH wa . . .wm M UIAG 29ASSANTAGORO. TEMEGIEA. CA B25°22055 Yr IN, ~~M \4~ A ..'N"~I~~kO k LVRREM IEEVE MR: ESVED FOR: ~t~ir~ REV. iDATE:I ESLPoPTON:=BY: `s N iwiooNx ~ r x C ~ ~rtF \t - ~`Y z os/z / oox ONNO y A\. ~3 z 09/z6/O6 BB ~ M4~L'~ '3 0 / OOt ZOxwL _ IQy^=r-~ 4- N r~ 8 $ ° oe/z~/oe zox :a~wc a /J' 6P~cMLi tl §@ ml ErvGxEER w~ X/: ~'~v/Y 1f~ ° ¢ R - WX Y9 uM1UG Q DNSVLT4M - hf~a~ a `n revs t yp ` a A2 'SH ~ vo,-~"~ ";>a ~a~ly SEQUOIA ~ ~ 1. Kdj ~y0~ v ,,r.$ i~~ul~ b) I i ~avl<<f xc ssn¢wlrs rnu o~ryl°I Ka;y~n `a rORPWN BY: CXX.' L EN a Dc was a vC°"m~[zm[""n muwiNCU ¢oremw _ w:°a 0 LICENSER: XEEi iRLE NIXiTi ELEVATION MX 220 R..O .OT EICHDOMD S. BE MOONED ON - EE! NUMBER: EWMRANE GATE TO EOUIPNEM G A-6 NORTH ELEVATION R, AM f~ Hoye/SYieet Cummunleet/ons Ce/ilorMa, t.LC 39,} EL CMIIND PFAL: ®Sfi1 VSIIN.G 92]82 PPWEC !O p R6NCXO B4pTpiT CHURCH I.a3as9a zsnssaxnnsDRD. TEMEGILA CP 92532JDE~ CURRENt ISNE WiE 06!23/09 P FW SSUED EDP: 100% ZONING .fi1R4/.9 ,2nFnB 2 11/]5/00 WF EOUw4 - - BB W1w. E4Xw4 , e I NOT USED Authorized Access Only For Emergency or Equipment related Issue Contact: Network Support Center (NSC) (866) 428-2964 Site ID LA3453A OXSULiuR: SEQUOIA wN fir: C.I .Aw:= 514 9wRD SI I eE CC ENi U Ex Or x°uxrED Drv GlE TD EDUIPMENI -.11S CENSER: ' SHEEfTRE. 1r OEfPILS `SHEET NUMDER 1 D1 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-0233, A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A WIRELESS FACILITY CONSISTING OF A NEW 77 FOOT 4 INCH MONOPINE AND ASSOCIATED EQUIPMENT CABINETS AT RANCHO BAPTIST CHURCH LOCATED AT 29773 SANTIAGO ROAD (APN 922-130-017) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On October 6, 2008, Royal Street Communications filed Planning Application No. PA08-0233, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0233 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The project is permitted by Conditional Use Permit within the Rancho Highlands Specific Plan and Very Low Density Residential zoning district. 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 is not highly visible to the public. It is proposed on the western side of the Rancho Baptist Church site adjacent to an existing taller monoplne along Interstate 15. The proposed facility will be compatible with the existing facility and landscaping. No residences are directly adjacent to the facility. There is no demonstrated evidence that wireless communication systems would adversely affect any surrounding residences or other uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in 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 with a telecommunication facility. The existing site conditions are adequate in size and shape to integrate the new monoplne and associated equipment, 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 1984'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 is harmful to people. As part of the 1996 Wireless Communications Act, the Federal Communications Commission (FCC) established an exposure standard and expressly preempts State and local government regulation of EMFs. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. 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 15332, Class 32 In-fill Development Projects). 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is conditionally permitted within the Rancho Highlands Specific Plan and Very Low Density Residential zoning designation of the Development Code. The project is consistent with all development standards, including setbacks and design requirements for the site. 2. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 4.2 acre site surrounded by existing residential and religious facility development within an established area. 3. The project site has no value as habitat for endangered, rare or threatened species. The property is not known to have any value as habitat for endangered, rare or threatened species as it has been previously graded, disturbed, and developed. Additionally, the project site is not recommended for habitat conservation under the Multiple Species Habitat Conservation Program (MSHCP). 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Development of this type, a wireless monopine facility, does not generate traffic, create noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan El R. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0233, a Conditional Use Permit for a wireless facility including a 77 foot 4 inch tall monopine and associated equipment located at 29775 Santiago 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 15th day of July 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 15th day of July 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.: PA08-0233 Project Description: A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of a new 77 foot 4 inch monopine and associated equipment cabinets located at Rancho Baptist Church, 29775 Santiago Road Assessor's Parcel No.: 922-130-017 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: July 15, 2009 Expiration Date: July 15, 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 herebyagree 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 Planning Director may, upon an application being filed within 30 days 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. This project and all subsequent projects within this site shall be consistentwith Specific Plan No. 2, Rancho Highlands. PL-7. The development of the premises shall substantially conform to the approved site plan and elevations contained on file for Planning Application No. PA08-0233 with the Planning Department. PL-8. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-9. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-10. The applicant shall comply with their Statement of Operations and Justification, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-11. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-12. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Issuance of Building Permit(s) PL-13. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed bythe applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL-14. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to construction. PL-15. All utilities shall be screened from public view. Construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL-16. Vines shall be provided along the exterior fence surrounding the entire equipment area that surrounds the monopine. PL-17. Construction plans shall show, and the 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-18. Construction plans shall show and project shall be constructed that all antennas installed on the monopine shall be permanently covered by faux green pine needles. PL-19. 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-20. Construction plans shall show and project shall be constructed that no antennas shall extend beyond the branch coverage. PL-21. 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. PA08-0233. PL-22. Construction plans shall show, and the project shall be constructed, 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 77 feet 4 inches. PL-23. The lowest branch on the monopine cell tower shall never be above the height of the immediately adjacent real trees. PL-24. Except the monopine itself and any antennas and hardware attached directly to the monopine, no portion of this project is permitted to extend above the top of the wrought iron fence enclosure to any cabinets at or near ground level; the cable bridge; any work lights; the GPS antenna, etc. PL-25. Microwave dish antennas and related equipment are not permitted under this approval. PL-26. There shall be a maximum number of three future cabinets. PL-27. Construction plans shall show, and project shall be constructed that the future equipment cabinets shall be a maximum size of 36" X 36" X 84". No portion of the future equipment is permitted to extend above the top of the wrought iron fence enclosure to any cabinets at or near ground level; the cable bridge; any work lights; the GPS antenna, etc. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-28. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-29. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated October 10, 2008, a copy of which is attached. 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. 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-3. Obtain all building plans and permit approvals prior to commencement of any construction work. B-4. Show all building setbacks. B-5. 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-6. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. At Plan Review Submittal B-7. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-8. Provide appropriate stamp of a registered professional with original signature on plans. 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. Onlythe 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. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. F-2. 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-3. 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-4. 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). Prior to Issuance of Certificate of Occupancy F-5. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5, Section 506). ENV HEALTH, MURRIETA Fax:9516006181 Oct 10 2008 10:58 P.03 COUNTY OF RIVERSIDE • COMMUNITY HEALTH AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH City of Temecula Planning Department c/o Knute Noland PO BOX 9033 Temecula, CA 92589-9033 10 October 2008 RE; PA08-0233 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0233 for the Minor Conditional Use Permit accompanied with an Antenna Facility application under the applicant-, Rancho Baptist Church. The development plan application for a proposed 75 (77'-4") foot high Royal Street Communications California, LLC unmanned facility (including equipment cabinets inside a new 7'-9" wrought iron fence), located at 29775 Santiago road. The antenna will be incorporated into an existing property owned at the Rancho Baptist Church rear yard landscaped area, (APN 922-130-017), Any future restroom facility the applicant shall contact this Department at 951.358.5172 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955,8980 Si , Gregor Dell . bach, REHS EHS081443 ($234.00) Local Enforcement Agency • Po. Box 1280. Riverside, CA 92502-1280 - (909) 9558982 - FAX (909) 791-9653 • 4080 Limon Street, 91h Floor. Riverside. CA 92501 tAnd Use and Witter EpAleearloa • P0, Box 1206, Riverside, CA 925021206 - (909) 955-8980 • FAX (909) 955-8903 - 4080 Lemon Street, 2nd Floor, Riverside, CA 92501 SITE JUSTIFICATION 5TUDY FOR LA3453-A RANCHO BAPTIST CHURCH tDEFLOYMINII EQUOIA 29775 SANTIAGO RD. 'SERVICES. INC. TEMECULA, CA 92592 APN: 922-130-017 Royal Street Communications California, LLC selected the proposed location for a needed wireless facility as it was the best location available for the facility when considering the needs of the network, land use patterns in the area, willingness of the landlord to enter into a lease for the facility, and the zoning code requirements of the City of Temecula. The facility is needed to provide wireless service in an area where Royal Street Communications are unable to make a call or keep a call connected. The need of a facility is determined by the increasing number of Royal Street Customers in the City of Temecula. The target of the proposed site is the surrounding areas of the intersection of Temecula Valley Freeway and Santiago Rd. This intersection and surroundings became the target search area but also the increasing number of users that travel daily along the freeway. The facility will increase signal strength and the network capacity in and surrounding the neighborhood adjacent to the site to better serve the communications needs of the residents, workers and visitors in the City of Temecula. Radio-frequency propagation maps shows the existing coverage and the modeled coverage after installation of the facility at the proposed height are attached. Approval of the facility at the proposed height provides the needed coverage for the surrounding neighborhood, providing a high quality signal for both indoor and outdoor users of the network. The proposed site is zoned SP1- Rancho Highlands (SP-180),and the current use of the project site is a Catholic Church. All adjacent land uses are zoned as part of the SP1- Rancho Highlands (SP-180), the proposed site location was selected since is not developed or used for residential purposes and already has an existing wireless facility that is hidden from view due to the existing mature landscaping. Collocation at this location was not possible because the only available space on the existing tower is two low and the signal will blocked by the terrain and the existing church building. The current location is best suited for the facility as it offers space for the equipment and antennas, when considering zoning restrictions and design compatibility and offers the best opportunity to screen the installation from public views. All equipment is proposed inside of a wrought iron fence with a CMU retaining wall to match the existing enclosure use by other carriers. Please refer to attached photo simulation and site photos for further details. The equipment location was selected as the space available did not altered the functionality/ circulation patterns or character of the existing development. In addition, Royal Street Communications is proposing to cover the antennas with faux green pine needles to better conceal the antennas. About Royal Street As a licensee authorized by the Federal Communications Commission to provide wireless services in this region, Royal Street Communications must establish a network of wireless telecommunications facilities in the metropolitan area and beyond. Each LA13159-D Site Justification SITE JUSTIFICATIONtSTUDY FOR tllDEPLOYMENI LA3453-A RANCH o BAPTIST CHURCH EQUOIA 29775 SANTIAGO RD. ' SERVICES. INC. TEMECULA, CA 92592 APN: 922-130-017 wireless telecommunications facility, or base station, will consist of transmitting and receiving antennas mounted on a communication tower or other suitable structure and electronic equipment cabinets. It will also consist of radios for receiving and transmitting wireless communications and complex electronic equipment to operate the radios, interface with other cellular sites, provide connections to the landline telephone network, and link the facility with the main switching center. Royal Street Communications California, LLC will operate this facility in full compliance with the regulations and licensing requirements of the FCC, FAA, and CPUC as governed by the Telecommunications Act of 1996 and other applicable laws. In order to meet the basic level of operational radio signal coverage, radio frequency (RF) engineers have designed a network of wireless telecommunications facilities for the southern California area. The applicant's engineers choose specific sites after lengthy analysis. Selection criteria include: limitations imposed by surrounding topography, the intended service area of the site, and the ability of the new site to "see" other sites in the network from its proposed location. Other selection factors include suitable access, availability of electrical and telephone service, and a willing property lessor. Where the necessary design criteria can be met, co-location with existing telecommunication facilities is a preferred option. Be advised the antennas and equipment are screened or integrated with the building whenever possible. Only after careful analysis of many candidates and successful tease negotiations have been completed is a land use application such as this one submitted. The cellular site is a passive use and will have no impact on other properties in the surrounding area. The facility is unstaffed. After an initial construction period of 30 to 45 days, the only traffic generated will be for routine maintenance visits, typically once or twice a month. There are no activities that wilt produce airborne emissions, odor, vibration, heat, glare, or noxious and toxic materials. All equipment and materials needed to operate the site are located in the equipment cabinets. The cellular site does not require water or sanitary facilities and therefore wilt generate no wastewater. LAI3159-D Site Justification PROJECT DESCRIPTION FOR 615i LA3453-A RANCHO BAPTIS T CHURCH SEQUOIA 29775 SANTIAGO RD. DEPLOYMENT SLKVICFS. INC. TEMECULA, CALIFORNIA 92592-3055 APN: 922-130-017 Royal Street Communications California, LLC. proposes to construct, operate, and maintain, a wireless telecommunications facility at Rancho Baptist Church located at 29775 Santiago Rd, Temecula, CA 92592. The facility will consist of six (b) panel antennas, two (2) GPS antennas, four (4) base transceiver station (BTS) cabinets, one (1) microwave dish, coaxial cable runs from the BTS cabinets to the antennas, and new power and telephone utility connections, collectively, the "equipment". The panel antennas will be attached to a new sixty foot monopine. The radio equipment cabinets will be located adjacent to the facility inside of an new 7'-8" high wrought iron fence. The equipment enclosure is designed to match the materials and height of the existing wrought iron fence that is use to in-house the existing carriers in the same project site. Power and telephone connections will be routed underground from existing utility service points to the enclosure. The proposed facility is an unmanned wireless telecommunications facility and has no habitable or occupied space. The facility will operate (transmit and receive calls) 24 hours per day; only periodic maintenance is performed on the facility (approximately one hour per month.) No additional floor space will be added to the building. Existing streets, access drives, parking, building access, and circulation patterns are adequate to serve they project and will not be impacted by the project. Royal Street Communications engineers had provided a list of inventory of existing and anticipated sites in the City of Temecula. Identifying the proposed location, engineers examine existing wireless facilities in the search area to determine if they can be expanded. Using existing facilities is usually the most desired option. This search area ring center is located at the intersection of the Temecula Valley Freeway and Santiago Rd. There only possibility of collocation is the facility adjacent to the proposed project site however, the facility is occupied by three other carries and no space is available for a fourth carrier. Royal Street Communications gives priority to co-location sitting new wireless facilities but this is not the case. Customer demand increasingly use their devices at home, making necessary to place wireless facilities in an around residential neighborhoods. Another collocation alternatives do not exist within the coverage ring area. Royal Street Communications is not able to get data from other carriers to identify site, most of that information is proprietary/confidential. Please see RF justification letter attached to this application. The proposed project is in compliance with the City of Temecula wireless facilities code considering that the facility 75' feet from any residential dwelling unit ( Sections 17. 40. 110 (C) (D)) Due to strict development standards that comply with the Chapter 17.40 Telecommunications Facility/Antenna Ordinance and exiting Royal Street Communications wireless sites, the proposed site location was identified as one of the few viable candidates and the best candidate considering all factors. U, 34 5 3-P roi EK _ripti,xn t EQUOIA PLOYMENI' SERVICES. INC. PROJECT DESCRIPTION FOR LA3453-A RANCHO BAPTIST CHURCH 29775 SANTIAGO RD. TEMECULA, CALIFORNIA 92592-3055 APN: 922-130-017 The proposed facility is design to match the design of the existing facility on-site without interfering with the future and existing development . The properties to the north and south of the proposed location are part of the Specific Plan zone of Rancho Highlands. The properties to the south are zoned very low density residential (VL) and to the west there is service commercial (SC). As an alternative, Royal Street Communications approached the landowner of St. Catherine of Alexandria Church, however this location was rejected due to unacceptable terms associated with the lease. In fact, this location has been approached multiple times by other carriers without to find acceptable leasing terms. Alternative candidates were very limited in this area due to the ring being located in a highly residential area. There are not viable candidates that can meet the code requirements and cover the search area, this is the only location that can satisfy the needs of the network considering the topography of the area. There are no other candidates that can be lease and meet Metro PCS RF objective. Royal Street Communications uses outside equipment identified as V-4 BTS outdoor cabinets. As for the antenna models, all sectors are the make and model are as follows: Sector Antenna Make / Model Andrew-UMWD- A 03319-XDM Andrew-UMWD- B 03319-XDM Andrew-UMWD- C 03319-XDM Please refer to attached Royal Street Communication antenna configuration sheet for specific details. There are not known hazardous materials at the site location and the facility is not in a cell area (MSCHP Report). The project site is fully developed to provided the infrastructure needed to support the proposed facility. In conclusion, the proposed wireless telecommunication facility is needed to provide wireless telephone network to the area surrounding the project site. The increase usage of phones for data transmission uses have created a need for additional coverage around the residential area where service is currently not available to Royal Street Communications costumers. The proposed facility will no be detrimental to the character of development in the neighborhood, since it will not generate traffic, noise, odor, air pollution or any adverse impact the existing and adjacent land uses. The proposed facility will provide the needed coverage and will directly benefit commuters and residents in the area. Improved phone coverage wilt actually improve the quality of life, as well as welfare and safety of the community. LA.3453_Prcaect_Des; ript on PROJECT DESCRIPTION FOR tDMOYMENI LA3453-A RANCHO BAPTIST CHURCH EQUOIA 29775 SANTIAGO RD. SLRVICeS. INC. TEMECULA, CALIFORNIA 92592-3055 APN: 922-130-017 Installation, maintenance and operation of the facility will be in full compliance with all applicable codes and regulations and it will have no adverse or detrimental effect to the heath, and general welfare. Finally, the proposed facility will operate in compliance with all state and federal regulations including the Telecommunications Act of 1996. LA3453_Project_Ces ri pt ion Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Case No: Applicant: Proposal: Environmental: Case Planner: PA08-0233 Royal Street Communications A Conditional Use Permit to construct, operate and maintain a wireless facility consisting of a new 77 feet 4 inches monopine and associated equipment cabinets at Rancho Baptist Church located at 29775 Santiago Road In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15332, Class 32, In-Fill Development) Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 15, 2009 Time of Hearing: 6:00 p.m. SANTIAGO RO - i - l ~ H 1 PA08-0233 E Ilk - Pee: 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) 693-3928. ITEM 4 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 15, 2009 PREPARED BY: Dana Schuma, Case Planner PROJECT Planning Application Number PA08-0271, a Conditional Use Permit SUMMARY: for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank and ancillary equipment located at 31850 Calle Saragoza RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15332, Class 32 In-Fill Development Projects PROJECT DATA SUMMARY Name of Applicant: T-Mobile General Plan Very Low Density Residential (VL) Designation: Zoning Designation: Very Low Density Residential (VL) Existing Conditions/ Land Use: Site: Existing Single-Family Residences North: Existing Single-Family Residences South: Existing Single-Family Residences East: Existing Single-Family Residences West: Existing Single-Family Residences BACKGROUND SUMMARY On December 1, 2008, a Conditional Use Permit application was submitted proposing a 35-foot faux water tank cellular tower for T-Mobile. Planning staff conducted an initial review and the plans were resubmitted on April 27, 2009. Some minor grading plan changes were requested by Public Works and the project was conditioned for hearing in June. 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 faux water tank. ANALYSIS The applicant is requesting to construct a wireless antenna facility inside a new 35-foot faux water tank with associated equipment within a new eight foot wrought iron fence located approximately 40 feet to the northwest of the water tank. The faux water tank is intended to camouflage the wireless site from the surrounding residences and general public. The proposed facility meets all of the development standards and setbacks as set forth by the Telecommunications Facilities and Antenna Ordinance within the Development Code. Development Code Section 17.40.010 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 proposed, the facility design protects the visual character of the rural residential properties surrounding the site. Furthermore, the tower is not located closer than 75 feet from any residential structure. In identifying the proposed location for the new wireless facility no compatible existing towers for collocation were available within the search area. Alternative properties were considered, but either resulted in too visible of a structure or insufficient distance to meet the coverage area. In compliance with the Telecommunication Facility/Antenna Ordinance the proposed site was identified as the best candidate considering all factors. The City's telecommunication consultant has reviewed the proposal and has determined that as conditioned, the antenna location is appropriate and is in compliance with FCC safety rules and regulations. Architecture The facility has been designed to completely camouflage and disguise the wireless antenna facility. The faux water tank cell tower is designed to resemble a historic wood tank. The old- style water tank will be 35 feet in height with a faux drain pipe to the bottom of the tower and faux water tank support structure. The associated equipment cabinets are to be located slightly downhill from the antenna facility in an area not visible from the public right-of-way. The equipment will be screened with an eight-foot wrought iron fence with metal mesh backing painted a tan color to blend with the color of the natural landscape (Condition of Approval No. PL-16). Staff has worked with the applicant and the City's telecommunication consultant and determined that the proposed height of 35 feet is necessary for the provider to provide the telecommunication services within the residential area. 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 35 feet (Condition of Approval No. PL-18). Landscaping The project has been conditioned to ensure that all existing trees and landscaping surrounding the existing facility remain intact (Condition of Approval No. PL-15). The project has also been conditioned that vines be planted along the fence which surrounds the equipment. In order to preserve the natural setting which currently exists on site, no additional landscaping is proposed. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 4, 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 15332, Class 32 In-fill Development Projects). The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is conditionally permitted within the Very Low Density Residential zoning designation of the Development Code. The project is consistent with all development standards, including setbacks and design requirements for the site. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 4.6 acre site surrounded by existing residential and religious facility development within an established area. The project site has no value as habitat for endangered, rare or threatened species. The property is not known to have any value as habitat for endangered, rare or threatened species as it has been previously graded, disturbed, and developed. Additionally, the project site is not recommended for habitat conservation under the Multiple Species Habitat Conservation Program (MSHCP). The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Unmanned telecommunication facilities do not generate traffic, create noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan E1R. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. FINDINGS The proposed Conditional Use Permit is consistent with the General Plan and the Development Code. 3 The project is a conditionally permitted use within the Very Low Density Residential zoning district. 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 is visible from the surrounding residential properties and streets, however, the proposed faux water tank is compatible with the rural character of the area through design. No residences are directly adjacent to the facility and there is no demonstrated evidence that wireless communication systems would adversely affect any surrounding residences or other uses. 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 graded and has a sufficient pad to accommodate the wireless facility. The existing site conditions are adequate in size and shape to integrate the faux water tank and associated equipment with the surrounding rural neighborhood. Additionally, for enhanced aesthetics and integration with the undeveloped landscape, the project has been conditioned to paint the faux water tank a natural earth tone. 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 and expressly preempts State and local government regulation of EMFs. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Justification Notice of Public Hearing x J J W ry H Z Q Q JDREACIR - i ~ R, 44 Uv \ O 0 10' 210 1--_.._,_42p 630: `840 i . T m -Mobile CUP APPLICATION SITE NUMBER: IE04684B CITY: ' TEMECULA SITE NAME: SARAGOZA COUNTY: RIVERSIDE SITE TYPE: RAW LAND JURIS6ICTION: CITY OF T€MECULA PA08-027, CUP PROJECT SUMMARY. SHEETINOU VICINRY MAP BID (N..1 OFFAIND, .11, .1. 111 . FRAYED MOUT ENT 'D DEING PROPER. R lESLRL9N. / y tykf~ ,r Y 3~ w I' tF l - N 'i* a Ewu E, IT., _ zu RatY B-1 DID ILND ~ y e eu ce!t _ ENLARGED NTE o LIN M ANTI umUT A-2.2 .1. 1. GOOMFORY I }^'yT aN~ +y>P:n vy is b a I E,..T WI ARDRREDR,R•. E~M.TOXE N 11, P III Z... INIOTERIF. TOM IGHROGN F S VyK4x o- ,-e w„r.. µ ` OFF, Bx.I x.E.RwxD , s° Y~ ~ttL a ~ x 1 PNOEGFRA vuprt uex TO 11 u0MmE Dx (x) 4 ..f Y I T. ,x . .x Enurs ININ NAGIR-TION - I ' 3 ✓'A V I .T UPM x: m ~ y r.. E TR IN IT, T A 9~dyMy~ R acE NONE uW+.cn .N AND, OF B'V CONSULTING TEAM: APPROVALS: EAGnorvxr/PPRM TIE I'D -R1 I.- - ANN AGGEPI ..R sECiaR 4zIMVm CONI UrvE p of MITErvxIS LXTENNA MODEL p p OF GOAD NNES LEAR ouMETER Co0.C IENGTx bD . D M+mE ROODDIF TIE w ¢s w A 3,_ DID OF F HUNTINGTON BORON. GR A NFIR. 11 . = u BILL uD D OF PRINT NAM ncTP RE S4:ASV DO ry' N ,I FBI ro Eew M i T ox. NmRU,uNCOGmM BOND, (,I,) = _ uNOLOao ,7^' RIy.1NIryG, PRECON uGR G.: IDAUTTIR .AE RON REFERENCE o N 1, 1 . I BD e1~Re ,P DEVELOP. YGR RErnoxs raDM T uoalt wmn ww DmcE. - mcM,s RUDE GD, ED.) ~ [~IRV[v. NLECDRIC~L ENGINEER LL CONET. MGR ex mD D M 0IV/v EC ON Y a -1 O ca iE: e wDi ox ,IN, 1- .1 IFIR .1 BID, . ND OTER D. ON - ON M1 1 xx EERCx DMONTINER 4(G P) E54 t, zI AkE MEN D D. u nxx urt ax w O, nF G "11 OE1_1OF1 ) 551D F. (,C., MIN. eP 1E yyD ZONING MGR RTDW(g INFIGOD CONTACT c INTO RP ENGINEER rx suILLIOD : -P NA BUILDING coDE wm APPLICABLE CODES IE (BID) U OLD. LIGIN R FINITE II ME N.OUB 1. BE ` OPE TIONS WE - - Mtaxw WILGI G cvWxogc MD BONDING BOOUwwEXrs FOR TEEECODUIIxIGnax R E uh G (PIP) I (DO, ea FFBOF bDGwio GD SAC REP. BIG (.1m. MTPA BGN ILIDIC COOS) ao UTILITIES T m -Mobile Stick Together' u PEAXB PREPAREBEGI C GRDVPT BE. rv' CE)G(/:.08-2514 PoN6YlTXO ERWP: a Trillium Telecom services, LLC 59II BMw AmtlvnMginnBmef~ G9]G9 mo n9aeoooBrxe m>•.z9umasar 1NO, DFS90PIPnORns I z m/zl/W iDDZ ZDS se 100% ,,'s s 1a/06/09 Do% zos IN 7 Dym/os Ems o c CORM ivc R as/za/aP Rc cnvvcn~s ovc 9 1 G/06/OB URL COMXEME OMC SARAGOZA IE04684B APN: 957-170.020 I c.uEB.RArov IRRECU V. w Pun. tbvt l L x I Q% I tt I' O i ; i l II I PAhC 01A i / I r i i / I i / I I I I ~ R 'FARCEL MAP 7566 1- / PM 27 117-18 I L nrxan-no-az.+ PARCEL 3 - _ _ aPx ssr-cocas PARCEL 4 PARCEL MAP 7" _ P P.M. 31 / 43 APH e3a-pp010 PARCEL 1 nxc NRZn.. i a- ~ ~ / W ,en ~ Ip L~• rvEwn~ /WSnxe e V SPIEL JR. EL MAP 18022~~= 7- -HO / 77-78 "EaT n° 4 u ° / ~c'a ° nPxssa-rroml woaanow m:s war, pM~ I I 1 PARCEL DO-ON 1 I I PARCEL 1 1 I nv P ARCrL 2xsn-rm~w [prnu O PARCEL 4 PARCEL 2 / A SEE SHEET 0-2 FOR DETAIL I le 1 ~+OCAOn --f- ~ R ar 1 w CALLE - aa=y~RA00Zq \a _ ]a A.1 ~ 3 I SR CCOFOINP 16 LENRINICE aiava" N v' R w NT . ov49AEm °aN onwa'aa°"POP eca °+wcsw+e. SASS of EDNINCs 6P -x n¢ R.. ; -°ws PC - ASEESSae's :CENNI.CN: R.9dR WSxrv LPN. m-~m-Ou ea. .cm vm mmmo[ RIIN'T anon OEND, MOAN: MW Ru IE)E' W R411t LLV. ml ME 9CNpM I )b WMPE W WMmF m PDR,.1 w 1 NTI.E REPORT srtwwl IDENRFC~ON NI NC «wwE p~.mN CR /S CR UNE X . Re 65 NSTI mlf➢ .EMENT NOTES: R"I:TNC.CRA O 4XONSIIN I—— P°EiII C,N,I ,em M>m u m JUNE RE . E°9iv IUROSER U"ZncE°" ON PRE 1. m°_PONT aD, 1. ~~w sm re( eaa. aw Pas >m m: w-nRx WAR. LR E` a mn.0 u mPpOON"LL ORI Orel DESCRIPTION .'OR. NE iUCCIA OF MFRSCE. RAM A4 PMC4 wez OAS.VK EDP... OWY NNF N. SURrEY: LEGEND;- c NN-N 2IP.1,4gT M6 0<TD'~.RN O- WS Tq¢ NP 'N`s PIN a IN,v"Rm< \ lu PRE a °mOUm RE, 11 wm OaN ~:p SEE SHEET C-2 FOR SITE DETAILS J D 1. -U IFI M T - -Mobile R° Stick Together 3257 FRET corm R04 sure zoo MTIAIO. CR91761 ANO W° adss LAND 9JflVEONG kti ADDING N-RR PI S~ AM: CO" . LNRUC~um 91E M1°IL 9R WQ IE04684-B SARAGOZA E. ERPEEC TEED Cw smwou TEMECULA CA MEN TOPOGRAPHIC SURVEY owwNG wra E0, X. x BF. (6/17M J . 1 OF2I C-1.. MIND ~ W v Fl tt CI' tt¢P ~MJK p b 1. PIK ~N N_ NI, 9h At0A9KN /VIANXq 9R &IlBER. T -Mobile Stick Together' 3W EAST MASH Ez wim m MiMIQ G 91 )fil SUfi~SA Sda~ A I D H R`VHG& M PPING _CN 9IE NAV~~ IE04684-B SARAGOZA 9h AWRlg 31A`B CNIf SA A(AZA RNEOIIA G 98591 51REI ICE, TOPOGRAPHIC SURVEY B9AwnB wla ¢M6&-B ~ 46/9M .T NWBER ;2OF2 C -2D ii T - tlMobile- Stick Together` / a I ~ PARCEL 1Ju1P %D79 P.M. 31 / 43 ~ ~ B. - ~ O j ~ AP.N 951- 1]PO2O I w: xaam w~awn$m m~mv4wm : P 4 , PARC EL I mx / DG#: 08-2514 suLnxo WN OP - ' I Q / y I i I m ~ r I li Trillium um Telecom Services, LLC v mYeganBmf~GDSG9 D 6141 ]D910EO FAX ` ~ ' L 1' x` m ~ III ~IIII III as a'"x I 0. 0l/+o/o3 x~soz zos x s+ W I o / ~ / ~ ~ z m/21/oa loos zos ee qg ~ o , $ i ~.a - i ~ a>/za/ofi ucoMMC EIS m laax zo's Dr 5 09 26 08 E`G / / %.~NTS ON I ~ I ~ * 4 ~ ~ i ~ yp¢ I fi 10/O6/O6 tOtlh ZOY EN % / i 1 ~ m wv¢M Wevu6-rv% ' ~ } 7 04/21/09 DPC COMMENTS JK lv. ae~~P mS M 8 04/23/08 MC COMMENTS DEC / ` 6 09 - 9 O /04/ ORL LOMMFMS OMC Wfwe) >om • i SEE SHEET A-2 FOR DETAL i 1 ~rl m I roRwnax i SARAGOZA , n e IE04684B 1 I I} / APN:o957-170• 020 ' APx 9n-Woos 1 w:aevw ~ I I ~ "'~°.i" I - reMLCUUU mre1 ' i PM26! 1 ~ i 1 ~ ~ ~ \ SFW: / \ \ / N mm rt¢ /wxiz I _ i°.m mw roc I I / I boon m[ \ V i ~,s '~L SARAGpZA- c' a SITEPLAN sxs3x nowwex SITE PLAN scaEe: Al ~ T - -Mobile. SECTOR 'A' 330° Stick Together / aE a wroamC yr auu°Wea P rw run wm rzm -(~y S5A (<vY_ - `-(d " h 55/<~/ ~ b ~ m "Aawu va aw~~° 7 ' ~Q' _ _ ££tltl %NM1•' C " I' / . ~s</ r~ I~ . ~ eucuee ~CDG~: OB-2516 - • ~p° u~i oxsuvmc teals: Jr e Trillium Telecom f LLC Services, r,- ~ p..ra ann axr.na, xrad~ unzas m RrP m19 umopnx n \ y µ@I uvnm CI 01/f0/Oa p6M~ON ID5 . C7 \ 7 _ %A Y. M' 2 0$/21/08 ioDA $D5' EB , °J~~ § ' ' a I v \ 3 V]/3g/Da LL COHMENiS 54 SECTOR A o 08 0 ' x 220° \ \ a / 4/ s 1o% ZD Ex SECTOR 'B' s as/zs/m ca M"E~i'sc" s" \ \ s fo/Wos max ms EN \ o - $ oa/zt/O Dac WMMEM JPC ANTENNA LAYOUT scuE' 2 s ca/EC/os D. croMMExrs DMC. \ s os/Dajos Dac coMMEUts ovc / ° \ tw x ~ e u 09 / \ \ s w rn SARAGOZA !SECTOR 'A' \ 330° IE04684B APN957-170.020 m rm ~ w ~ ~ ~ ECV n - x~malM1n W .'~W iw( 4C W% "SECTOR 'A' 220° ry Isk ys :"~r.me ENLARGED SITE PLAN & ANTENNA LAYOUT - a \ \ SECTOR '8' £ ° r a+ 140 u Sx~ExaMa x A 2 NOT USED 3 ENLARGED SITE PLAN scuE: " - t/c =Y-D D Z a T N -Mobile N- " Stick Together' / / tw Af - " ~j/ ~ q~ m~~ CONNELLOa 0.OUq lLO ~ ~ a ~ COG#: 08-2514 F a~• mmwwemro I 4 I ~j a _ e ~ ,6 ai ` Y °i m a jo ~ ~ ` c x e t o P wu6urnlwaROB. A Mill am Telecom; Services, LLC H G9619 _ ar ~ ( ~ I A~ - 4 ~ _ ~ ~1 ~ ~ ~ i A i xa !))U M9 WBOPPl6H P)1)99.W9PAF aara w I , \11~ E_ r~ ~ `4Ii ( 0170/O6 0 ID SA \ \ \ vmn 4 x 19 _ 2 07/21/08 OOF ZOS OB $EEOETAIL'A' J 0]/26/06 ENis sP . x~e (s I - \~j / \qe 4 00/00/p0 .O Z08 ON .wmmm uvmv ~ ~ l3 0 ~ lJ//H 5 09/36/08 Po ACM56 FN 1 N . ~ m ~ ~ \ YWd ~ 6 10/06 00 1008 IDs EN / ` 0 1 09 B 6/2 / ORC COMNEN3 OMC 04 06 08 . L / / 0MMEN3 D 0.fi c ~S 1 Ra § O ~ ~ emrc _ s\ - ~r I \ o\ II / i ~ II EIXiOPN>AR SARAGOZA I04684B APE .957 .170.020 icuu - l~ IN I l~ A ~ "A 6EL1. ~ \P O rR +S- I z GRAPHIC SCALE ~ 1 ? I ~ ~ I N ~ M1 SAKE.,R - OCNOFMMECULA omeR]MEXrwPielerrowrs E a~ _ . Y9 vc.~. ' PPEp9E NNdNO PCW . GRADING PLAN OVERLAY Ef NUMBE. A 2 GRADING PLAN OVERLAY 1 - .1 PA08-0271 Legend E3 City. ,i stseets C1 pave.la Aerial 2008 Scala: 1:1,970 AERIAL PHOTO OVERLAY T - -Mobilea4 Stick Together I.X4 <OHHELL XE414H 4XOVP. LK coc8~ 08-2514 466uLnu4640UP: Trillium Telecom Services, LLC 59r]6e4vAw, HwmgmnEm yG916I9 rRyfH-20000PfICa mu n9IworAx, GATE OPSOPIPIIOX: 0]/10/48 90R ZD'S 4 sF 2 4]/41/46 IOpF E4'S BD r 07/25/4e u c4MMENls S1 /04/D6 Im. z4's - 5 09/26/0¢ S~MNflFA~'15T G 6 10/O6/Oa 1012 ID'S EN 7 04/21/09 OflG COMMENR JPC 6 04/23/09 OflG COMMENrS OMC ' 9 06/04/09 OPC COMMENTS ONC IrvwXmnnoX: SARAGOZA IE04684B APN: 957470.020 61 .aau4, IENEW4Aas CA. 0det an' F--- AERIAL I PHOTO OVERLAY [SHMnMUM8E0: A-2.2 190 380 570 R. Map center: 6300985, 2140C nap is a user generals, static outpN from as Internet mapping site and u for general Ince only. Data layers that appear on this map may or may no[ be amurete, current, or ,rise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. mM.~ T -Mobile: w > - Stick Together' X ` u ws. , ~u ~anw ~ O OEBI~X ON CONNELL VV,LK LLa Aazvw,a wrv ~ ~ ~ , 1 gT 2 9 eDG#': 08-2511 5 5 p ~ p ~ D cans Lnxa aROUP: 'F T Trillium Telecom ° Services, LLC annaom:a,., x„w,2~.a~.a,ua:aw iaMwl mn nv rooo°oi~ir~ nsn>ss H0. OATE DEBCNVMX: N„ _ ~ M _ ~ 1 aI/10/09 gD5 ZD'S 54 S/ wrKwrK MA 6vmx vw tp OTC^tsaol le=mvl 1 0>/Z1/08 1Cp% ZO'S DB L 3 07/26/09 LL COMMENR SF ~i i r ~gimml ~ ~m~ 00/Po/08 1DOS ID'S EN L- - 5 09/2fi/06 SiI3F RMEW 6 10/06/08 1005 ZD'6 EN 7 00/21/09 DRC COMMENTS JPC SOUTH ELEVATION scuE: 1 e oa/2s/D9 DRC wMMEms DMc 06/04/09 ORC WNMFNIS 0MC ~.M,gyq~~ U w` SRE INfOPIMTg N: N V S.mtam:vS wW zon:ar, =::mo,.., w,:a>~, rv n r SARAGOZA IE04684B APN: 957-170-020 esoc.uesaacama j1 ~ T6MEauumml :Earvs.wm ¢F 4 g mawula mane sa - N ~ N @ roxwmmwrmme ou qm= yam sIOET TTY: SOUTH & NORTH - ARCHITECTURAL ELEVATIONS NORTH ELEVATION scue A'3 T - -Mobile P° Stick Together' PuN9oP99r: ~ $W& m Mcoc$a 08-2514 N ~ mzuwlTawXw~nw DpHEUL1W6GPOUP. y ;e ® Trillium Telecom Services, lLC ~ wa®,-m[as.wva G936fl 19fIBVb U X X OPPfC8 !]IU M a (l3<I 399-ZOSO PAX my vnR wv bv[ 0m[ ~ 6 9Y: v+L': v!u: 0]/+0/08 905 2D'S ~ z o)/z+/De 1Dax zp's ea J 0]/39/09 LL CONMENS 4 0./00/08 100R ZO'S EN 4 5 49/E6/Ca slO .M53 e 6 +0/06/09 +pOS ZO'9 FN 04/41/09 uc COMMENTS JPC EAST ELEVATION suuE: a Da/za/o9 pPC cDMMErvrs puc 9 06/04/09 pPC COMMENTS OMC v r:z( W vm wM-MR l E I )1O ~ N: v muc~~m~~m ,om.., n n r : I F ~ SARAGOZA _ ~ `u u i IE04684B Mm. APN:957-170-020 6wwGwn 9T a ~ m ff v mm+ a cum ENECV4 m C> 9x5M . i m: w:nma ~n,..ra q 4 3 9w: yg e § ° 6XEw1P1E' EAST & WEST ARCHITECTURAL ELEVATIONS WEST ELEVATION scn~E: 2 axEErND.+PEw: A-4 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08-4271, A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A WIRELESS ANTENNA FACILITY CONSISTING OF A 35-FOOT FAUX WATER TANK AND ANCILLARY EQUIPMENT LOCATED AT 31850 CALLE SARAGOZA (APN 957-170-020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On December 1, 2009, T-Mobile filed Planning Application No. PA08- 0271, Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application No. PA08-0271 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The project is a conditionally permitted use within the Very Low Density Residential zoning district. 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 is visible from the surrounding residential properties and streets, however, the proposed faux water tank is compatible with the rural character of the area through design. No residences are directly adjacent to the facility and there is no demonstrated evidence that wireless communication systems would adversely affect any surrounding residences or other uses. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in 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 graded and has a sufficient pad to accommodate the wireless facility. The existing site conditions are adequate in size and shape to integrate the faux water tank and associated equipment with the surrounding rural neighborhood. Additionally, for enhanced aesthetics and integration with the undeveloped landscape, the project has been conditioned to paint the faux water tank a natural earth tone. 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 and expressly preempts State and local government regulation of EMFs. The nature of the proposed conditional use is not detrimental to the health, safety, and general welfare of the community. 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 15332, Class 32, In-Fill Development Projects); 1. The project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed project is conditionally permitted within the Very Low Density Residential zoning designation of the Development Code. The project is consistent with all development standards, including setbacks and design requirements for the site. 2. The proposed development occurs within City limits on a project site that is less than five acres and substantially surrounded by urban uses. The project is proposed on a 4.6 acre site surrounded by existing residential and religious facility development within an established area. 3. The project site has no value as habitat for endangered, rare or threatened species. The property is not known to have any value as habitat for endangered, rare or threatened species as it has been previously graded, disturbed, and developed. Additionally, the project site is not recommended for habitat conservation under the Multiple Species Habitat Conservation Program (MSHCP). 4. The project will not result in significant effects relating to traffic, noise, air quality, or water quality. Unmanned telecommunication facilities do not generate traffic, create noise, or significantly impact air quality or water quality. The project is consistent with the impacts analyzed as part of the General Plan EIR. 5. The site is adequately served by all required utilities and public services. The utility and public service companies were notified of the proposed project and no new facilities or expansion of existing facilities will be necessary as a result of the project. Existing services are available and adequate to service the proposed development. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA08-0271, a Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank and ancillary equipment, located at 31850 Calle Saragoza, 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 15th day of July 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 15th day of July 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.: PA08-0271 Project Description: A Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank and ancillary equipment located at 31850 Calle Saragoza Assessor's Parcel No.: 957-170-020 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: July 15, 2009 Expiration Date: July 15, 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 herebyagree 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 Planning Director may, upon an application being filed within 30 days 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 No. PA08-0271 with the Planning Department. PL-7. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Planning Director. If it is determined that the landscaping is not being maintained, the Planning Director shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. PL-8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-9. The applicant shall comply with their Statement of Operations and Justification, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. Prior to Issuance of Building Permit(s) PL-12. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed bythe applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL-13. A 30-day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30-day preconstruction survey shall be submitted to the Planning Department prior to construction. PL-14. All utilities shall be screened from public view. Construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after-thought. Plan planting beds and design around utilities. Locate all light poles on plans and insure that there are no conflicts with trees. PL-15. All existing trees and landscaping surrounding the existing facility shall remain intact and vines shall be provided along the exterior fence surrounding the entire equipment area. PL-16. Construction plans shall show and project shall be constructed that the water tank and supporting structure shall be painted tan to better match the natural setting and resemble a wooden structure. PL-17. 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 Blue Water Design submitted to the City of Temecula in this Planning Application No. PA08-0271. PL-18. Construction plans shall show, and the project shall be constructed, that the height of the overall wireless facility (from grade to the extreme top of the facility inclusive of the cement pad) shall not exceed a height of 35 feet. PL-19. Except for the faux water tank and any antennas and hardware attached directly to the faux water tank, no portion of this project is permitted to extend above the top of the wrought iron fence enclosure to any cabinets at or near ground level; the cable bridge; any work lights; the GPS antenna, etc. PL-20. T-Mobile shall use a collapsible ladder to access the water tank area of this project. That ladder shall be collapsed and securely locked at all times when a responsible T- Mobile worker is not present at this site. PL-21. T-Mobile Wireless shall place and maintain permanent RF Notice signs in English and Spanish immediately adjacent to and clearlyvisible at the tank access point at the top of the access ladder. The signage must be a minimum of 8" wide by 12" high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone phone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC. The location of the sign must ensure that anyone transiting to the tank may clearly see the sign before entering that area. PL-22. T-Mobile Wireless shall place and maintain permanent RF Warning signs in English and Spanish adjacent to each transmitting antenna inside the tank. The signage must be a minimum of 8" wide by 12" high, compliant with FCC OET Bulletin 65 or ANSI C95.2 for color, symbol, and content conventions. All such signage shall at all times provide a working local or toll-free telephone number to its network operations center, and such telephone phone number shall be able to reach a live person who can exert transmitter power-down control over this site as required by the FCC. The location of the sign must ensure that anyone approaching the antennas may clearly see the sign before entering any RF controlled zones around the antennas. PL-23. Full initial and ongoing compliance with all FCC RF safety rules in FCC OET Bulletin 65 (as may be amended or superseded or replaced) is a continuing material condition of the grant of this Use Permit. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-24. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-25. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated December 5, 2008, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditionsfinformation 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. 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-3. 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-4. Obtain all building plans and permit approvals prior to commencement of any construction work. B-5. Show all building setbacks. B-6. 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-7. 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-8. Obtain street addressing for all proposed buildings. At Plan Review Submittal B-9. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B-10. Provide precise grading plan to verify accessibility for persons with disabilities. Prior to Issuance of Building Permit(s) B-11. Provide appropriate stamp of a registered professional with original signature on plans. B-12. 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. Onlythe 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. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. Prior to Issuance of Grading Permit(s) F-2. Fire apparatus access roads and driveways 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. When temporaryfire apparatus access roads are approved bythe Chief and provided for use until permanent fire access roads are installed, the fire apparatus roads shall be an all-weather surface for an 80,000 lb. GVW (CFC Chapter 5, Section 503.2.3 and Temecula City Ordinance 15.16.020 Section E). F-3. 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 Temecula City Ordinance 15.16.020 Section E). F-4. The gradient for fire apparatus access roads shall not exceed 15 percent (CFC Chapter 5, Section 503-2.7 and Temecula City Ordinance 15.16.020 Section E). Prior to Issuance of Certificate of Occupancy F-5. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid EntrySystem for emergency access byfire fighting personnel (CFC Chapter 5, Section 506). PUBLIC WORKS General Requirements PW-1. Unless otherwise noted, all conditions shall be completed bythe developer at no costto any Government Agency. It is understood that the developer correctly shows on the site plan all existing and proposed property lines, easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. PW-2. A Grading Permit for precise grading, including all on-site flat work and improvements, shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained street right-of-way. PW-3. All grading plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Issuance of a Building Permit PW-4. A grading plan shall be prepared by a registered civil engineer in accordance with City of Temecula standards, and shall be reviewed and approved by the Department of Public Works prior to the commencement of grading. The grading plan shall include all necessary erosion control measures needed to adequately protect the site (public and private) and adjoining properties from damage due to erosion. PW-5. The developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works in accordance with Grading Ordinance Section 18.24.120. PW-6. Construction-phase pollution prevention controls shall be consistent with the City's Grading, Erosion and Sediment Control Ordinance and associated technical manual and the City's standard notes for Erosion and Sediment Control. PW-7. The developer shall comply with all constraints which may be shown upon an Environmental Constraint Sheet (ECS) recorded with any underlying maps related to the subject property. PW-8. Permanent landscape and irrigation plans shall be submitted to the Planning Department and the Department of Public Works for review and approval. PW-9. The developer shall obtain letters of approval for any off site work performed on adjoining properties. The letters shall be in format as directed by the Department of Public Works. PW-10. The building pad shall be certified to have been substantially constructed in accordance with the approved Precise Grading Plan by a registered civil engineer, and the soil engineer shall issue a Final Soil Report addressing compaction and site conditions. PW-11. The developer shall obtain an easement for ingress and egress over the adjacent property. L~ COU,~TY OF RIVERSIDE • COMMU,iITY HEALTH AGENCY DEPARTMENT ENVIRONMENTAL HEALTH City of Temecula Planning Department c/o Knute Noland PO BOX 9033 ~E 1 Temecula, CA 92589-9033 n 5 December 2008 RE: PA08-0271 The Department of Environmental Health (DEH) has received and reviewed the PA08- 0271 for a Conditional Use Permit (CUP) for the construction, operation and maintenance of a wireless antenna facility consisting of a 35 foot faux water tank. Ancillary equipment is proposed to be built into an adjacent hillside approximately 40 feet to the northwest of the proposed water tank under applicant: Bouewijn Hanrath. The CUP is required per the Conditions of Approval to provide restroom facilities if they become installed either by septic or sewer. (APN 957-170-020). Any future food facility the applicant shall contact this Department at 951.461.0284 for food plan check compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, Gregor Dellenbach, REHS EHS081595 ($234.00) ,ea§ d F - X5 / 4 r. - 1 1 _ >tc: t ,or - ft r t " J1Q 1 ' i' 1 J v00i i~?1 IE04648/Saragoza, CUP: Application Review Case: PA08-0271 SITE JUSTIFICATION T-MOBILE STEALTHED WIRELESS TELECOM FACILITY FAUX WATER TANK DESIGN T-Mobile is proposing to establish a new wireless telecom facility in an unobstructed portion of residential property at 31850 Calle Saragoza, Temecula 92591, AFN 957-170-020. The proposed facility location is visually mitigated as the T-Mobile antennas are fully screened within a faux water tank and the ancillary support equipment is visually mitigated as well. This developing area of Temecula is plagued by weak cellular coverage for a number of carriers, including T-Mobile. Coverage (signal propagation) is related in the attached propagation maps conveying a clear and convincing need for this T-Mobile cell site. No compatible existing towers for collocation are within the search area. There has been a multi- year effort on the part of T-Mobile to fill this void in its coverage with willing/responsive landlords, but site specific difficulties in the fact that the coverage is fully residential and predominantly built-out. Alternative properties, on Vista Del Monte, were researched to the east, but would result in too visible of a structure. To the south a right-of-way candidate, a street light further south on La Serena Way, was evaluated as it provided topographic advantage, but was too far south to provide the signal propagation object for residential coverage to the north of the current location. A previous application, on Enfield Lane, for presented by T-Mobile exemplifies the residential complexity of this ring as that site was denied in an appeal to the Temecula City Council. The current proposal is very suitable as it provides considerable distance from a previous property owner who was vocal in her opposition to a previous proposed T-Mobile facility. Specifics of the structure are: The site design is a 35' top-of-structure, old-style water tank with antennas stealthed inside the tank, thus fully concealing the antennas to passing traffic, the nearby community, and beyond! The radio cabinets are to be situated northwest and slightly downhill of the water tank, in a small hole wire mesh enclosure, tucked into the hillside. Due to the full visual mitigation, no landscaping of the cabinet area is proposed. The project meets all setback and height guidelines for this zone, including the City's 75' setback from residential structures. In closing, the public good is well served in this project, as the antenna visual impact is stealthed, an approvable design is engaged, and a significant coverage hole is eliminated for adjacent residents and emergency service employees. It also provides coverage to an area where ongoing residential in-home businesses will benefit, promoting a more efficient business environment in this portion of Temecula. This site will also serve to provide coverage to and north where residential build-out is imminent. Project Contact Information B.P.Hanrath, Aged Planner bphanrath@yahoo.com 949.861.1912 Notice of Public Hearing 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: PA08-0271 Applicant: Boudwijn Hanrath of T-Mobile Proposal: A Conditional Use Permit for the construction, operation and maintenance of a wireless antenna facility consisting of a 35-foot faux water tank and ancillary equipment located at 31850 Calle Saragoza Environmental: In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be issued in compliance with CEQA (Section 15332, Class 32, In-Fill Development Projects) Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 15, 2009 Time of Hearing: 6:00 p.m. PA08-0271 ; 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) 693-3928. ITEM 5 STAFF REPORT- PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 15, 2009 PREPARED BY: Dana Schuma, Case Planner APPLICANT NAME: Don Campini PROJECT Planning Application Numbers PA09-0184 and PA09-0185, a SUMMARY: Conditional Use Permit and an associated Finding of Public Convenience or Necessity to permit Wine on a Dime off-site retail wine sales and wine tasting (Type-20 and Type-42 ABC licenses) in the existing Santa Rosa Building located at 28061 Jefferson Avenue CEQA: Categorically Exempt Section 15301, Class 1 Existing Facilities RECOMMENDATION: Approve with Conditions BACKGROUND SUMMARY On May 20, 2009, Don Campini submitted Planning Application No. PA09-0184 requesting that the City of Temecula Planning Commission make a Finding of Public Convenience or Necessity for Wine on a Dime to provide wine tasting and conduct off-site retail wine sales, in conjunction with Planning Application No. PA09-0185 a Conditional Use Permit for both Type-20 and Type- 42 ABC licenses to be issued in the Community Commercial zoning district addressed as 28061 Jefferson Avenue. The proposed business, Wine on a Dime, will occupy 1,600 square feet of existing commercial retail space. Proposed hours of operation will be seven days a week from 10 a.m. to 11 p.m. A detailed Statement of Operations and Letter of Justification have been attached. Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. ANALYSIS Per the City's Development Code, wine tasting shops are permitted in the Community Commercial zone. However, wine tasting facilities not affiliated with a winery are considered a wine bar and must obtain a Type-42 ABC license. Wine bars operating with a Type-42 ABC license may offer the sale of beer and wine for consumption on the premises and are not exclusively limited to wine tasting, but may also sell beer and wine by the glass. Because these facilities are not limited to wine tasting only, they are required to obtain a Conditional Use Permit through the City of Temecula Planning Department. The proposed wine bar will be located within an existing suite at the Santa Rosa Building. The applicant has proposed a secure 150-square foot wine tasting area within the facility where minors are not permitted to enter. No exterior changes to the building are proposed (with the exception of signage under a separate permit). The site layout and parking of the existing commercial center is consistent with the City's Development Code. Access to the site is taken from two separate driveways off Jefferson Avenue. Parking for the site meets the City's Development Code requirements. Vehicular access currently exists throughout the shopping center parking lot. The Section 17.10.206 of the Development Code requires that the alcohol selling use be at least 500 feet away from sensitive uses (schools, parks, religious institution); however, this requirement shall not apply when the alcohol-selling business and the church, school or park are both located within commercial or industrial zones. Although there are two religious facilities located less than 500 feet from the proposed wine bar, the separation requirements are not applicable to this use because both the project site and the religious facilities are located within commercial zones. The California Department of Alcohol Beverage Control (ABC) considers the census tract in which the project site is located to be "over-concentrated" in both on-sale and off-sale licenses. For this reason, Public Convenience or Necessity findings are required. In order for the Finding of Public Convenience or Necessity to be made, the proposed use must be compatible with the surrounding land uses and not result in an excessive number of similar establishments in close proximity. Staff has determined that the consumption and sale of wine at this location is a compatible and consistent land use when compared to the other commercial retail type businesses in the surrounding area. As provided by the State of California Department of Alcohol and Beverage Control, the census tract is considered over-concentrated when there are more than three existing licenses. Currently, there are 57 active Type-20 licenses and 13 active Type 42 licenses within Census Tract 0432.15. These businesses are dispersed throughout the census tract located along Jefferson Avenue. The new licenses for Wine on a Dime in the census tract would not result in an excessive number of similar establishments. Another license would result in added convenience for patrons along Jefferson Avenue. Wine on a Dime will feature a variety of wines from around the world. The proposed use does not jeopardize or adversely affect the character of the area and would provide for, and allow the wine bar to be competitive with other establishments serving wine. The Police Department reviewed the proposal and approves the project subject to conditions prohibiting the sale of alcohol between the hours of 2 a.m. and 6 a.m. (PD-5). LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on July 4, 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 15301, Class 1 Existing Facilities). 2 The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-20 (Off-sale Beer and Wine) and a Type-42 (On-sale Beer and Wine) at the proposed Wine on a Dime will be conducted within an existing building in a developed retail commercial center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010E) The proposed conditional use is consistent with the General Plan and the Development Code The proposed wine bar is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building in a commercial center within the Community Commercial zone. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed project is consistent with the requirements outlined in Chapter 17.04.010 and 17.10.20B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the 3 health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission. The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Public Convenience or Necessity (Development Code Section 17.10.020.B.5) Is the proposed use consistent with the General Plan and the Development Code? The proposed wine bar is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. Is the proposed use compatible with the nature, condition and character of the adjacent land uses? The wine bar is proposed in an existing building in a commercial center within the Community Commercial zone. This center includes other retail businesses, the on-site consumption of wine and off-site retail sales at this location is compatible with the nature, condition and character of adjacent land uses. Will the proposed use have an adverse affect on adjacent land uses? It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. Would the proposed use result in an excessive number of similar establishments in close proximity? With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before Census Tract 0432.95 is considered to be over concentrated by ABC's standards. Fifty-seven active on-sale licenses and 93 active off-sale licenses are currently dispersed throughout the tract located off of Jefferson Avenue. The new licenses in the census tract would not result in an excessive number of similar establishments in close proximity. ATTACHMENTS Vicinity Map 500-Foot Sensitive Buffer Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Statement of Justification Notice of Public Hearing O~ PA09-0185 ,t t' i ` 0 851 170 340 510 i680 , Feet SITE PLAN 9 E.iCo~m9 iul I u~~~,mx.. rt~•uURe,~n w„~uxrvi x N1E N JEFFE($ON AVENUE VICINITY ]ONING Page 1/2 FLOOR PLAN FLOOR PLAN / IJ Page 2/2 PC RESOLUTION NO. 09- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA09-0184 AND PA09-0185, A CONDITIONAL USE PERMIT AND AN ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO PERMIT WINE ON A DIME OFF-SITE RETAIL WINE SALES AND WINE TASTING (TYPE-20 AND TYPE-42 ABC LICENSES) IN THE EXISTING SANTA ROSA BUILDING LOCATED AT 28061 JEFFERSON AVENUE (APN 921-060-009) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 20, 2009, Don Campini, filed Planning Application Nos. PA09- 0185, Conditional Use Permit Application, and PA09-0184, Finding of Public Convenience or Necessity in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2009, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission approved Planning Application Nos. PA09-0185 and PA09-0184 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Development Code Section 17.04.010E) A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The proposed wine bar is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and the and building codes. 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 proposed conditional use is compatible with the nature, condition and development of adjacent uses, buildings and structures. The wine bar is proposed in an existing building in a commercial center within the Community Commercial zone. The proposed conditional use will provide additional convenience for the community, and allow the business to be competitive with other establishments. The conditional use has also been reviewed by the City of Temecula Fire, Building and Safety, Public Works and Police Department to ensure sale of alcohol will operate safely and not affect any adjacent uses, buildings or structures. C. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The site for the conditional use is adequate in size and shape to accommodate the yards, walls, fences, loading facilities, buffer areas, landscaping and other development features described in the City of Temecula Development Code as well as other governing regulations. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed project is consistent with the requirements outlined in Chapter 17.04.090 and 17.10.20B of the City of Temecula's Development Code. The requirements for the proposed conditional use are intended to protect the health and safety of those in and around the site. The City of Temecula Planning, Fire, Building and Safety, Public Works and Police Departments have reviewed this Conditional Use Permit and determined that it will not be detrimental to the health, safety and welfare of the community as conditioned. In addition, the Riverside County Department of Environmental Health has also reviewed and conditioned the project. E. That the decision to conditionally approve the application for a Conditional Use Permit be based on substantial evidence in view of the record as a whole before the Planning Commission; The decision to conditionally approve the application has been based on substantial evidence in view of the record as a whole. Findings of Public Convenience or Necessity {Development Code Section 17.10.020.6.5} F. Is the proposed use consistent with the General Plan and the Development Code; The proposed wine bar is a conditionally permitted use in the Community Commercial zone. The proposed use is consistent with the City of Temecula General Plan which specifies that the Community Commercial (CC) designation includes retail, professional office, and service oriented business activities serving the entire community. The site is properly planned and zoned, and as conditioned, is physically suitable for the use type proposed. The use, as conditioned, is also consistent with other applicable requirements of State law and local Ordinances, including the Department of Alcoholic Beverage Control (ABC), California Environmental Quality Act (CEQA), and fire and building codes. G. Is the proposed use compatible with the nature, condition and character of the adjacent land uses; The wine bar is proposed in an existing building in a commercial center within the Community Commercial zone. This center includes other retail businesses, the on-site consumption of wine and off-site retail sales at this location is compatible with the nature, condition and character of adjacent land uses. H. Will the proposed use have an adverse affect on adjacent land uses; It is not anticipated that the proposed use will have an adverse affect on adjacent land uses, as all of the adjacent land uses are primarily commercial retail type uses, and the proposed project is anticipated to add to the convenience and diversity of uses located within the center. 1. Would the proposed use result in an excessive number of similar establishments in close proximity; With regard to the over concentration of existing licenses in the census tract, three licenses are allowed before Census Tract 0432.95 is considered to be over-concentrated by ABC's standards. Fifty-seven active on-sale licenses and 13 active off-sale licenses are currently dispersed throughout the tract located off of Jefferson Avenue. The new licenses in the census tract would not result in an excessive number of similar establishments in close proximity. J. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Conditional Use Permit Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); 1. The request for a Minor Conditional Use Permit and Finding of Public Convenience or Necessity for a Type-20 (Off-sale Beer and Wine) and a Type-42 (On-sale Beer and Wine) at the proposed Wine on a Dime will be conducted within an existing building in a developed retail commercial center. All access and public utilities are available to the site. The proposed use with issuance of a CUP is in conformance with all zoning requirements of the Development Code. Section 3. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA09-0185 and PA09-0184, a Conditional Use Permit and an associated Finding of Public Convenience or Necessity to permit Wine on a Dime off-site retail wine sales and wine tasting, located at 28061 Jefferson Avenue, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July 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 15th day of July 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.: PA09-0184 and PA09-0185 Project Description: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to permit Wine on a Dime off-site retail wine sales and wine tasting (Type-20 and Type-42 ABC licenses) in the existing Santa Rosa Building located at 28061 Jefferson Avenue Assessor's Parcel No.: 921-060-009 MSHCP Category: N/A DIF Category: N/A TUMF Category: N/A Approval Date: July 15, 2009 Expiration Date: July 15, 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 herebyagree 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 Planning Director may, upon an application being filed within 30 days 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. A separate building permit shall be required for all signage. PL-7. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL-8. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on site plan. PL-9. The applicant shall comply with their Statement of Operations dated May 20, 2009, on file with the Planning Department, unless superseded by these Conditions of Approval. PL-10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL-11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in- lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-12. Prior to an employee selling alcohol from this facility, the alcohol licensee or employer for the facility shall ensure that the employee has received Licensee Education on Alcohol and Drugs (L.E.A.D.) training from the California Department of Alcoholic Beverage Control. PL-13. An 8.5" x 11" (or larger) sign listing local transportation service providers and corresponding telephone numbers shall be posted at a conspicuous location within the building. Information to assist in the compilation of this sign may be obtained through the Temecula Valley Chamber of Commerce (951-676-5090). Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL-14. Each parking space reserved for the handicapped shall be identified by a permanently affixed reflectorized sign constructed of porcelain on steel, beaded text or equal, displaying the International Symbol of Accessibility. The sign shall not be smaller than 70 square inches in area and shall be centered at the interior end of the parking space at a minimum height of 80 inches from the bottom of the sign to the parking space finished grade, or centered at a minimum height of 36 inches from the parking space finished grade, ground, or sidewalk. A sign shall also be posted in a conspicuous place, at each entrance to the off-street parking facility, not less than 17 inches by 22 inches, clearly and conspicuously stating the following: "Unauthorized vehicles parked in designated accessible spaces not displaying distinguishing placards or license plates issued for persons with disabilities may be towed away at owner's expense. Towed vehicles may be reclaimed by telephoning (951) 696-3000." PL-15. In addition to the above requirements, the surface of each parking place shall have a surface identification sign duplicating the Symbol of Accessibility in blue paint of at least three square feet in size. PL-16. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. OUTSIDE AGENCIES PL-17. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated June 4, 2009, a copy of which is attached. 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. Submit three copies of plans for any proposed tenant improvements to the Building and Safety Department for review and approval. Structural plans and calculations shall be stamped and wet signed by the engineer of record. Plumbing, electrical and/or mechanical plans shall be stamped and wet signed by a registered professional engineer or architect licensed by the State of California or by the licensed electrical contractor completing the work. B-3. Obtain all permits and inspections for required work noted above prior to event during regular City business hours. 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. Onlythe 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. POLICE DEPARTMENT General Requirements PD-1. Applicant has applied for a Type-42 License (On-Sale Beer & Wine - Bar, Tavern). A Type-42 license authorizes the sale of beer, wine for consumption on or off the premises where sold. Food Service is not required. PD-2. Applicant will comply with Ordinance 97-07,0.14.010 Temecula Municipal Code series, Consumption of Alcoholic Beverages in Public Prohibited. PD-3. Identification will be verified utilizing one of the following: (a) valid California driver's license; (b) valid California identification card; (c) valid military identification card (active/reserve/retired/dependent); (d) valid driver's license from anyof the 50 States or Territories of the United States; (e) valid U.S. Passport; (f) valid government issued identification card issued by a Federal, State, and County or City agency. PD-4. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with Section 25660 of the Business and Profession Code (B&P), which includes the following requirements: (a) name of person; (b) date of birth; (c) physical description; (d) photograph; (e) currently valid (not expired). PD-5. Licensees may not sell, give, or deliver alcohol (bythe drink or bythe package) between 2:00 a.m. and 6:00 a.m. of the same day. No person may knowingly purchase alcohol between 2:00 a.m. and 6:00 a.m. (Section 25631 B&P Code). Licensees may not permit patrons or employees to consume alcohol between 2:00 a.m. and 6:00 a.m. of the same day (even if someone bought the drinks before 2:00 a.m. Section 25632 B&P). Some ABC licenses have special conditions (restrictions) as to hours of sale that are stricter that the law. Those licenses are marked "Conditional" (23805 B&P). PD-6. Police officers, sheriff's deputies and ABC investigators are sworn law enforcement officers (peace officers) with powers of arrest. Whether in plainclothes or uniform, peace officers have the legal right to visit and inspect any licensed premises at anytime during business hours without a search warrant or probable cause. This includes inspecting the bar and back bar, store room, office, closed or locked cabinets, safes, kitchen, or any other area within the licensed premises. It is legal and reasonable for licensees to exclude the public from some areas of the premises. However, licensees cannot and must not deny entry to, resist, delay, obstruct, or assault a peace officer (Sections 25616, 25753, and 25755 B&P; 148 and 241 (b) PC). PD-7. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees working at The Wine on a Dime. Contact the Crime Prevention and Plans Officer at (951) 506-6793 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees I management are hired. PD-8. Any public telephones located on the exterior of the building should be placed in a well- lighted, highly visible area, and installed with a "call-out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. COUNTY OF RIVERSIDE - COMMUNITY HEALTH AGENICY DEPARTMENT DE ENVIRONMENTAL HEALTH City of Temecula IE Planning Department c/o Dana Schuma PO BOX 9033 HL Temecula, CA 92589-9033 04 June 2009 RE: PA09-0184 LEOVE JUN - 9 2009 The Department of Environmental Health (DEH) has received and reviewed the PA09- 0184 for the Finding of Public Convenience or Necessity application and DEH has no objections. This request is to authorize a Type-42 license (on- sale beer and wine) and a Type-20 (off-site sale) for Wine on a Dime located at 28061 Jefferson Avenue (related case PAO185), under the applicant: Don Campini. The restaurant building located on this Assessor's Parcel Number (APN 921-060-009) is connected to a potable water line and sanitary sewer from an approved purveyor. Any food vending or restaurant use of the building shall require REHS inspector compliance by the County of Riverside DEH. If your have any questions, please do not hesitate to call me at 951.955.8980 Sincerely, 444#41 Gregor Dellenbach, REHS EHS090589 Use rind Wciter Engineering Statement of Operations We are proposing to open a wine shop called "Wine on a Dime" located at 28061 Jefferson Ave suite #5 in the Santa Rosa Building. After having opened and successfully operated Campini's Italian Deli just south of historic Old Town Temecula for eight years selling in 2006. It has become clear to us a need to serve the wine aficionados of Temecula. Temecula Valley is a growing wine region and we want to promote our Valleys wine along with other California wines and wines of the world. Our goal is to provide knowledge of wine and to sell great wines at reasonable prices. We are only proposing the license for an on-site consumption of wine and beer in a small portion of our premise, namely, a small area approximately 150sq. ft. within the shop. We will be able to sell tasting of wine and beer using a type 42 license and we anticipate that most of our customers will be interested in purchasing bottles or cases for their personal consumption off premise. A type 20 license will be used in our retail warehouse which will be approximately 1050sq. ft. The remaining 400sq. ft. will be used for receiving and storage. Hours of Operation: o Monday thru Sunday 10:00am - 11:00pm ❖ Number of Employees: 1-3 ❖ Number of Required Parking: 6 ❖ Average Daily Trips: Estimated at 2-4 per hour ❖ Equipment: No special equipment needed. Hazardous Materials: None Statement of Justification 1. This site is suitable and adequately located for a specialty retail wine shop with an on sale wine and beer public premises license. Its location in a community commercial zone with freeway visibility will provide easy access for area residents and visitors alike. 2. A retail wine shop will not have any substantial adverse effect on traffic circulation and on the planned capacity of the street system because the current retail center currently exits in a commercial and industrial district. We do not anticipate our business to generate any adverse or access traffic in this area. 3. A retail wine shop with on-site wine tasting will not have a substantial adverse impact on the general welfare of persons residing in the community. It is being located in the commercial and tourist area of town away from residential neighborhoods. 4. The design of this project is compatible with the existing and proposed development within the district and its surroundings. Notice of Public Hearing 1989 A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below. Case No: PA09-0184 and PA09-0185 Applicant: Don Campini Proposal: A Conditional Use Permit and an associated Finding of Public Convenience or Necessity to permit Wine on a Dime off-site retail wine sales and wine tasting (Type-20 and Type-42 ABC licenses) at 28061 Jefferson Avenue 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 15301, Class 1, Existing Facilities) Case Planner: Dana Schuma, (951) 693-3928 Place of Hearing: City of Temecula, Council Chambers Date of Hearing: July 15, 2009 Time of Hearing: 6:00 p.m. PA09-0185 y 1 1 O FF. 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) 693-3928.