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HomeMy WebLinkAbout061610 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]. PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: 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: TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JUNE 16, 2010 — 6:00 PM Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio 1 Next in Order: Resolution: 10 -10 1.1 Approve the Minutes of May 19, 2010 COMMISSION BUSINESS 2 City of Temecula Sustainability Plan RECOMMENDATION: 2.1 Receive and File City of Temecula Sustainability Plan PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 CONTINUED FROM MARCH 17, 2009 MEETING: Planning Application No. PA08- 0117, a Conditional Use Permit and Antenna Facility Application for a cell tower developed as three 35 -foot flag poles with an equipment enclosure located at 45100 Redhawk Parkway, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA08 -0117, A CONDITIONAL USE PERMIT AND ANTENNA FACILITY APPLICATION FOR A TELECOMMUNICATIONS FACILITY DEVELOPED AS THREE 35 -FOOT HIGH FLAG POLES LOCATED AT 45100 REDHAWK PARKWAY (APN 962- 040 -012) 4 Planning Application Nos. PA10 -0063 and PA10 -0064, a Conditional Use Permit and Finding of Public Convenience or Necessity application to operate a liquor store located at 32475 Temecula Parkway, Suite 103A, Eric Jones RECOMMENDATION: 4.1 Adopt a resolution entitled: 2 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0063 AND PA10 -0064, A CONDITIONAL USE PERMIT AND ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO OPERATE OF 1,704 SQUARE FOOT LIQUOR STORE (TYPE -21 ABC LICENSE) LOCATED AT 32475 TEMECULA PARKWAY, SUITE 103 A (APN 960- 020 -059) REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, July 7, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. NOTICE TO THE PUBLIC - The agenda packet (including staff reports) will be available for viewing at City Hall's Planning Department Public Counter located at 43200 Business Park Drive and at the Temecula Library located at 30600 Pauba Road during normal business hours. Additionally, any supplemental material distributed to a majority of the Commissioners regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the locations indicated above. The packet will be available for viewing the Friday before the Planning Commission meeting after 4:00 p.m. You may also access the packet the Friday before the meeting after 4:00 p.m. on the City's website at www.cityoftemecula.orq. 3 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 5, 2010 APPROVED 5 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; VOICE VOTE REFLECTED UNANIMOUS APPROVAL COMMISSION BUSINESS RECOMMENDATION: Earlene Bundy 2 Long Range Planning Project No. LR10 -0007, Capital Improvement Program General Plan Consistency 2.1 Finding of Consistency with the General Plan APPROVED 5 -0, MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; VOICE VOTE REFLECTED UNANIMOUS APPROVAL REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Carl Carey Chairman ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE MAY 19, 2010 — 6:00 PM Commissioner Kight Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 10 -10 Next regular meeting: Planning Commission, Wednesday, June 16, 2010, 6:00 PM City Council Chambers, 43200 Business Park Drive, Temecula, California. 1 Patrick Richardson Director of Planning and Redevelopment STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: June 16, 2010 PREPARED BY: Dale West, Case Planner PROJECT Long Range Planning Project No. LR08 -0007 - City of Temecula Sustainability Plan SUMMARY: Review of the Draft City of Temecula Sustainability Plan RECOMMENDATION: Receive and File BACKGROUND SUMMARY On July 22, 2008 the City Council established the City Sustainability Program Committee and directed to staff to prepare a City of Temecula Sustainability Plan. The Temecula Sustainability Plan will be a blueprint for the City to operate in a sustainable way by setting targets for reducing greenhouse gases, energy and water use, planning for growth, reducing waste and championing emerging technologies. The Plan focuses on City operations and actions that provide a benefit to the community without placing additional burdens on the community. The Sustainability Plan is intended to be an adaptive plan that will be responsive to new ideas, changing technology and shifting resources. Throughout the implementation of the Plan, periodic progress reports will be prepared in order to track progress toward achieving the goals of the Plan and to determine whether adjustments should be made to the indicators and targets. The City Sustainability Program Committee is made up of two Council members and a representative from the Planning Commission, Community Services Commission, and the Public /Traffic Safety Commission. Additionally, eight staff level teams were created to focus on establishing goals, targets, indicators, and implementation measures for each of the Plan's eight core categories. The eight teams are made up of City staff from the Departments of Planning, Public Works, Community Services, Building and Safety, and Finance, as well as representatives from The Gas Company, Southern California Edison, Rancho California Water District, Eastern Municipal Water District, CR &R Waste and Recycling Services, and the Air Quality Management District. The teams met on 36 occasions to provide input into the development of the Plan. The Plan includes the following core categories: Energy, Water Resources, Air Resources, Green Building, Waste Management, Transportation, Open Space, and Community Outreach. Within each category, specific goals were established, and for each goal, an indicator and target was identified as a means of measuring progress toward achieving the goals. Next, the teams identified specific activities to be implemented, which will lead to achieving the goals. A total of 25 goals and 78 actions make up the City of Temecula Sustainability Plan. The proposed actions include the development of policies, establishment of new development and building standards, new programs, additional analysis, and public outreach and education. 1 Staff will provide an overview of the preliminary draft City of Temecula Sustainability Plan and adoption schedule at the June 16, 2010 meeting. ATTACHMENT Draft City of Temecula Sustainability Plan 2 Printed: 05/27/2010 giRw! L_JQDIQ@ bugenn1A_Tw' (This page is left blank intentionally) 2 sustainability - What does it mean? The word " Sustainability" is commonly used today in context to human life on Earth. The word sustain - ability literally translates to "maintain," "support," or "endure." However, in recent times and in context to human life, the most widely used definition of sustainability is: "to meet the needs of the present without compromising the ability of future genera- tions to meet their own needs." While this is the most widely used definition, it is not universally ac- cepted and is continually challenged through inter- pretations by various individuals and disciplines in an attempt to find a true and acceptable definition. For now, the City of Temecula will move forward with the above definition. We will think globally, act locally, and we will persevere. Sustainability focuses on three components: the natural environment or natural resources of a com- munity, the social wellbeing of a community, and the economic prosperity of the community. When these three components come together, the bene- fits of sustainability positively impact the environment, the economy and society. However, if one aspect is ignored or favored over another, the result is an imbalance within the system. If all three are addressed independent of one another the consequences over time can be catastrophic as one or more of the systems attempt to find its balance. There is growing evidence that humanity is diminishing its finite resources and living unsustainably. Changing the ways in which we live to become more sustainable will require a monumental shift in the way we value and utilize our resources. Improving the quality of human life, while living within the carrying capacity of earth, without destroying ecosystems and natural processes for which we rely upon, has become the greatest challenge to humanity. For local governments to become or to act in a sustainable manner, means looking at internal poli- cies and practices, as well as regulations, in ways that improve the community without placing overly burdensome demands that result in excessive cost relative to the benefits received. This is a pivotal time in human history; the challenges facing societies are global, but the solutions are local. New practices, technical advances, and innovation continue to transform our lives; tech- nologies and innovation not yet discovered will have a dramatic impact on our lives and will hopefully contribute to achieving the goals set by this plan in a more efficient and effective manner. 3 (This page is left blank intentionally) 4 Introduction In July 2008 the Temecula City Council committed to becoming a sustainable community by estab- lishing a City Sustainability Committee (made up a two City Council members and one member from of each of the three City Commissions) and directed staff to begin the preparation of a City Sustain - ability Plan. The Temecula Sustainability Plan will be a blueprint for addressing sustainability and climate change by setting targets for reducing greenhouse gases, energy and water use, planning intelligently for growth, reducing waste, and championing emerging technologies. The City Council provided the inspiration and direction for this planning effort with the unanimous adoption of Resolu- tion No. 08 -74, which established a municipal green building policy and endorsed the California Green Building Program. Next, the City Council adopted Resolution No. 08- 91,which committed the City to preparing a Greenhouse Gas Emissions Inventory and Climate Action Plan. VISION In response to legislative mandates, the City of Temecula commits to collaboratively build an ecologically sustainable, economically dynamic, and socially equitable future for its citizen's that strives to use local resources effectively and efficiently, safeguards human health and the environment, promotes a healthy and diverse economy, and improves the livability and quality of life for all community members. Since the time the Council provided direction, Planning staff has worked collaboratively with all City Departments and various outside agencies to examine current practices and identify ways in which the City can build upon and enhance our sustainable practices. With the formation of teams made up of City staff and utility service provider staff, specific implementation measures were identified which are intended to accomplish the goals of the Sustainability Plan. LEGISLATION The State of California has recently enacted legislation that requires local jurisdictions to develop sustain- able community strategies to slow climate change and ensure sustainable development. These mandates will have significant and wide ranging impact on the way industry and governments do business. Specific legislation enacted to date includes: AB 32 AB 32 requires the Air Resources Board (ARE) to develop regulations and market mechanisms to reduce California's greenhouse gas (GHG) emissions to their 1990 levels by 2020. (Greenhouse gases such as carbon dioxide are widely believed to contribute to global warming and other forms of climate change.) Mandatory caps on GHG emission will begin in 2012 for significant GHG sources. The caps will be reduced over time to meet the 2020 goals. SB 97 SB 97 states that GHG emissions and their impacts are appropriate subjects for CEQA analysis. SB 97 directs the State's Office of Planning and Research (OPR) to develop draft CEQA guidelines for the mitiga- tion of greenhouse gas emissions or the effects of GHG emissions by July 1, 2009 and directs the State Resources Agency to certify and adopt the CEQA guidelines by January 1, 2010. SB 375 5B 375 enhances the ARB's ability to reach the AB 32 goals by directing ARB to develop regional GHG emission reduction targets to be achieved from the automobile and light truck sectors for 2020 and 2035. ARB will also work with California's 18 Metropolitan Planning Organizations to align their regional trans- portation, housing and land use plans and prepare a "sustainable communities strategy" to reduce the amount of vehicle miles traveled in their respective regions and demonstrate the region's ability to attain its GHG reduction targets. 5 Plan Overview This plan represents a systematic approach to integrate the goals of sustainability into virtually all facets of the way the City of Temecula government operates; from the energy used and water con- sumed, to the construction of buildings, to the products purchased, and to the way land use and transportation are integrated into the community. Development of the Sustainability Plan is based on five guiding principles. The following guiding principles provide the basis from which effective decisions can be made: 1. The concept of sustainability guides City policy and all policy decisions have implications to the long -term sustainability of the City. 2. Protection, preservation and restoration of the natural environment are high priorities and are mutually dependent on economic health and social equity. 3. The City of Temecula recognizes its connection with residents, regional, national and global communities. 4. Community awareness, responsibility, participation and education are key elements of a sustainable community. 5. Prioritizing of sustainability issues will be balanced with costs associated with programs. This Sustainability Plan makes recommendations for specific actions to enhance City performance in the following eight categories: Energy, Green Building, Water Resources, Air Resources, Waste Man- agement, Transportation, Open Space, and Community Outreach. For each category, specific goals, success indicators, and implementation measures were developed as a means to continually monitor the progress being made toward becoming a sustainable city. To reinforce the blueprint of this Sus - tainability Plan, a Greenhouse Gas Emissions Inventory and Climate Action Plan will be prepared. The resulting implementation measures from the Climate Action Plan will be incorporated into this Sustainability Plan. Sustainability Goals The goals describe the specific aspirations for each category and should have both an indi- cator and target. Success Indicators The success indicators provide a means of measuring performance or progress toward achieving the established goal. Implementation Measures The implementation measures are specific activities, programs or actions to be taken by the City that will achieve the selected goals. Progress Report The progress report is intended to provide useful information to the City Council, City staff, and the community about the progress being made toward meeting the goals and targets. The Sustainability Plan is intended to be an adaptive plan that will be responsive to new ideas, changing technology and shifting resources. As with any program, a key component to ensuring sus- tainable growth and success is to engage the community in its actions to ensure that Temecula re- mains competitive for future growth while preserving the health of its environment for generations to come. 6 Energy • Installed a 55kW photovoltaic system to power 90% of the Civic Center parking structure electricity needs. ✓ • Performs annual HVAC Tune -ups at City facilities to en- sure top performance and peak efficiency of HVAC sys- tems. ✓ • Purchased its first hybrid vehicle in 2004, and currently developing strategies to replace or retrofit existing vehi- cles with more advanced fuel technologies. ✓ • Continuously strives to upgrade existing facilities with energy conserving equipment. ✓ • Obtained $940,700 in Energy Efficiency and Conserva- tion Block Grant funds to implement a traffic signal syn- chronization project, an energy efficiency retrofit project at the Community Recreation Center, and a residential energy efficiency loan program. Green Building • Adopted a Municipal Green Building policy in 2008 (Resolution No. 09 -74), which requires all new con- struction of City facilities to be designed and built to achieve the U.S. Green Building Council's (USGBC)LEED Certified Standard. ✓ • Endorsed the California Green Building Program in 2008, which is intended to exceed current California Building standards for energy and water efficiency. i f • Designed and constructed the new Civic Center in Old Town to be the first USGBC LEED Silver Certified build- ing in the City. ✓ Water Resources • Installed 28 Waterless Urinals at City facilities in 2010. ✓ • Replaced approximately 83,700 square feet of turf with drought tolerant landscaping. • Uses reclaimed water to irrigate approximately 142 acres of parks, parkways and medians. ✓ Highlights and Current Successes The City of Temecula already... 7 Air Resources • Adopted Resolution No. 08 -91, authorizing the City to de- velop a greenhouse gas emissions inventory and climate action plan. • Completed the City's first greenhouse gas emissions analy- sis for both government operations and the community. Waste Management • Implemented a paperless RFP /RFQ and requisition process in 2009, reducing paper consumption, printing costs and landfill waste. ✓ • Uses recycled rubber in rubberized asphalt for major road- way rehabilitation projects. i f • Implemented a successful residential and construction/ demolition recycling program, achieving at least a 50% di- version rate from County landfills. • Achieved a waste reduction of 4.8 pounds per person in 2008, in advance of the goal set by the State for 2010. ✓ Transportation • Encourages employees to participate in Rideshare /Carpool programs offered by the Riverside County Transportation Commission. • Constructed approximately 22 miles (28 %) of Class I Bike Lanes/Trails, and approximately 45 miles (56 %) of Class II Bike Lanes. i f Open Space • Adopted a Heritage Tree Preservation Ordinance in 2009, which is designed to protect and preserve specific tree spe- cies for future generations. • Implemented "Trees for Temecula," a street tree planting program, which has planted approximately 1,000 trees since 2001. i f • Constructed a 10,000 square foot community garden at the Mary Phillips Senior Center. Produce grown will be used at the Senior Center as well as to help those in need. • Pursuing annexation of approximately 4,500 acres of the Santa Margarita Ecological Reserve. • Acquired 113 acres of over 500 acres needed to protect the aesthetic views of the escarpment from development. i f • Acquired approximately 200 acres of open space as part of the Roripaugh Ranch Development agreement. i f Highlights and Current Successes The City of Temecula already... 8 - Energy Reduce energy use and promote clean energy production • Reduce energy con- sumption throughout the community through use of the latest technology, practices, and pro- grams that support this goal • Support the use of clean energy throughout the com- munity through use of the latest technol- ogy, practices, and programs • Reduce fossil fuel use in fleet vehicles • as ✓ Success Indicators Amount of ties energy used at City facili- Baseline: 4,318,741 kWh used in 2007 78,910 therms used in 2007 Target: • 10% more efficient than current energy codes (new buildings) • 10% more efficient than current usage by 2012 (existing facilities) • 25% more efficient than current usage by 2015 (existing facilities) Amount of energy used community - wide Baseline: 783,829,979 kWh used in 2007 8,334,709 therms used in 2007 — Target: • 10 more efficient than current usage by 2015 (existing buildings) • 10% more efficient than current energy codes (new buildings). Tar- get TBD Policies that support clean energy Target: generation • First adopted policy in 2010 Quantity of fossil fuel purchased by Target: the City • 10% less fuel used by 2015 Number of alternative fuel or ad- Target: vanced technology vehicles in the City's fleet • 10% of fleet vehicle by 2020 9 Action to be taken Date to be accomplished Responsible Department 1. Evaluate the feasibility of establishing additional en- ergy reduction targets for new construction. 2012 Planning TCSD B &S 2. Adopt a policy requiring Energy Star or "premium effi- ciency" components in all newly constructed City owned facilities. 2011 Planning TCSD 3. Establish partnership with Southern California Edison to develop a program that increases the energy efficiency of existing City owned buildings. 2011 Planning TCSD 4. Evaluate policies and programs that enables green power generation at new and existing City facilities. Policy /program should establish a minimum load re- quirement to maximize cost effectiveness of green power generation. 2012 Planning B &S TCSD 5. Establish a residential energy efficiency retrofit pro- gram for older less energy efficient single - family homes. 2011 Planning Redevelopment 6. Establish a municipal facilities energy retrofit program and incorporate projects into the CIP budget. 2012 Planning TCSD 7. Evaluate and adopt policies that supports purchasing alternative fuel vehicles, advanced technologies, and/ or more fuel efficient vehicles to reduce emission and/ or fuel consumption in City fleet vehicles and equip - 2011 All 8. Evaluate street light and parking lot lighting technolo- gies that are "dark sky" compliant. 2011 Planning Public Works TCSD Energy Action Plan 10 - Green Building Promote resource efficient and healthy buildings • Improve the quality of buildings throughout the City by increasing the number of green building measures used during con- struction • Improve the knowl- edge of green build- ing principles and practices for City staff and builders in the Temecula area • - ' . T •v-. . ✓ Success Indicators Green Building Policies and Ordi- nances Training opportunities for green building principles and practices Target: Municipal Buildings • All new City buildings designed and built to USGBC LEED "Silver" stan- dard or equivalent by 2011 Commercial and Residential Buildings • Adopt California Green Building Standards as amended by the Cali- fornia Building Standards Commis- sion 1 Target: • At least two green building educa- tion classes /workshops held within the City for City staff and the building community 11 Action to be taken Date to be accomplished Responsible Department 1. Adopt Municipal Facilities Green Building policy requiring all new construction of Municipal buildings to be built to LEED "Certified" Standard. (Accomplished in 2008) Planning B &S 2. Adopt Municipal Facilities Green Building policy requiring new construction to be built to achieve a minimum USGBC LEED Silver Certification. Identify appropriate square footage threshold to apply green building stan- dards to retrofit projects. 2011 Planning B &S 3. Develop a "sustainability best practices" toolkit for staff to encourage the construction of more sustainable de- velopment within the City and to guide staff when re- viewing municipal projects, CIP projects and /or City owned projects. 2010 Planning B &S 4. Coordinate Municipal Code amendments to align with the California Green Building Standards for residential and commercial development, as adopted by the Califor- nia Building Standards Commission. Ongoing Planning 5. Evaluate adopting policies that require pre- wiring for solar photovoltaic systems and electrical vehicle charg- ing stations, and stub -outs for CNG refueling stations for new residential construction. 2010 Planning B &S 6. Evaluate developing an incentive program that encour- ages builders /developers to construct "certified" green buildings within the City. 2010 Planning B &S 7. Evaluate and develop a "green building" training pro- gram for City staff and local builders. 2011 Planning B &S Green Building Action Plan 12 Water Resources Protect water resources and use water wisely Sustainabilit Goals • Reduce potable wa- ter use • Increase reclaimed water use at munici- pal facilities • Reduce amount of urban run -off, where conditions do not allow infiltration • Improve surface wa- ter quality through filtration and focused education efforts • Protect natural groundwater re- charge areas • Capture and use stormwater runoff for irrigation pur- poses at City owned and maintained landscaped areas asp �..r __ ° _• -t- Success Indicators Amount of potable water used at City facilities Amount of potable water used com- munity -wide Landscaping within City parks, medi- ans, and parkways served by re- claimed water (where available) Turf within City maintained medians, parkways, and facilities retrofit with California Friendly landscaping Volume of urban runoff Physical and chemical parameters for water quality based on the "Consolidated Monitoring Program" of the County of Riverside Linear feet of unlined water courses Adoption of Citywide Stormwater Reuse Master Plan Baseline: 797,089 HCF used in 2007 Target: • 20% reduction by 2020 Baseline: 11,229,601 HCF used in 2007 Target: • 20% reduction by 2020 Target: • 10% increase by 2015 Target: 2014 • Medians - Replace 100% of turf by • City facilities - Replace 100% of non - essential turf by 2015 • City maintained parkways - (Target TBD in 2011) Target: • Downward trend Target: • Improvement in physical and chemical parameters for water quality Target: • Maintain status quo • Convert lined water courses back to near natural conditions (Target TBD) Target: • Master Plan completed by 2011 HCF= Hundred Cubic Feet 13 Action to be taken Date to be accomplished Responsible Department 1. Work with water agencies to establish an incentive pro- gram that assists property owners with retrofitting wa- ter intensive landscaping with California Friendly Land- scaping. Ongoing Planning 2. Work with water agencies to establish a demonstration garden program for California Friendly Landscaping - components of program may include: participant selec- tion process, technical design assistance, landscape maintenance classes /training, financial incentives and product rebates, and ongoing monitoring, recognition and outreach. 2012 Planning 3. Identify and map the type of landscaping of all park- ways, medians, and park areas, and work with water agencies to develop an implementation plan to retrofit appropriate areas with California Friendly Drought Toler- ant Landscaping, drip irrigation systems, and reclaimed water. 2011 Planning TCSD GIS 4. Update Water Efficient Landscape Ordinance by January 1, 2010. Completed Planning 5. Evaluate grey water re -use. Coordinate with CA Building Code Update cycle. 2012 Planning B &S 6. Continue to require the preparation and approval of a Water Quality Management Plan (WQMP) for all applica- ble projects (private development, re- development and CIP projects). (Existing policy) Planning Land Development 7. Evaluate a Development Code amendment for Low Im- pact Development Standards, and that establishing a minimum percentage of surface area for infiltration type Best Management Practices (where site soil conditions 2012 Planning Land Development 8. Research funding opportunities to develop a focused outreach program that targets non -point sources. Ongoing Land Development Water Resources Action Plan 14 Action to be taken Date to be accomplished Responsible Department 9. Evaluate opportunities to capture and reuse storm water runoff from city -owned properties. 2011 Land Development 10. Explore opportunities for Regional BMPs (existing prac- tice). Ongoing Planning Land Development 11. Explore "incentive based" water quality programs to re- place punitive programs similar to the Seattle, WA pro- gram: "Spill Kits ". Ongoing Land Development 12. Identify and map natural and lined water courses within the City. Completed 2009 Planning Land Development GIS 13. Work with Riverside County Flood Control to adopt a policy which requires all undeveloped water courses within the 100 year flood plain to be maintained in their natural state. 2011 Planning 14. Work with Riverside County Flood Control to explore programs and funding opportunities and to convert con- crete lined water courses back to near natural condi- tions. Ongoing Planning Land Development 15. Work with Riverside County Flood Control to explore de- veloping Natural Water Course Design Guidelines and Management Plan. 2012 Planning Land Development 16. Explore program with non - profit youth groups, Service groups, TVUSD, and SDSU to implement Natural Water Course Management Plan. 2012 Planning TCSD 17. Establish a turf retrofit program for City owned proper- ties and incorporate projects into the CIP budget. 2011 Planning TCSD Water Resources Action Plan 15 (This page is left blank intentionally) 16 Air Resources Protect the air from contamination sources and reduce greenhouse gas emissions Sustainabilit Goals • Reduce greenhouse gasses from City operations • Establish baseline air quality data for the Temecula com- munity • as r R Success Indicators Tons of CO2 reduced Air pollution constituents: CO, HC, SO2, ROG, VOC, NOx, PM -10, PM -2.5 Baseline: 8,716 CO2E (2007) Target: • Target TBD upon completion of the Climate Action Plan Target: • Locate air quality monitoring sta- tions in the Temecula area • Establish baseline air quality data by 2016 • Establish future air quality goals based on baseline data 17 Action to be taken Date to be accomplished Responsible Department 1. Complete greenhouse gas emission inventory and cli- mate action plan. 2010 Planning 2. Evaluate opportunities and work with SCAQMD to estab- lish an air quality monitoring station(s) within the Te- mecula area. 2016 Planning 3. Support South Coast Air Quality Management District public outreach and education materials on City's web - site. 2011 Planning Air Resources Action Plan 18 Waste Management Reduce waste by using natural resources wisely • Sustainability Goals • Reduce total waste generated and re- duce the use and release of house- hold hazardous waste • Increase green pur- chasing Success Indicators Pounds per person Policies that support green pur- chases Baseline: 7.5 lbs/per/person (2010) Target: • Meet new State mandate (SB1016) of 7.5 Ibs /per /person by 2010 • 2O% better than the State Man- date by 2015 • 30% better than the State Man- date by 2020 • Zero Waste by 2050 (Target is con- sistent with State objective) Target: • Adopt green purchasing policy by 2011 19 Action to be taken Date to be accomplished Responsible Department 1. Evaluate and work with school district to establish a pi- lot composting and organic garden program for yard waste and food waste at school sites. 2012 Planning TCSD 2. Evaluate the expansion of a food waste recycling pro- gram for the City. Coordinate analysis with CR &R. 2013 TCSD 3. Evaluate adopting a plastic grocery bag policy. 2011 TCSD 4. Evaluate and work with CR &R to establish a large waste generator recycling program within the City. 2012 TCSD 5. Review existing construction and demolition (C &D) waste recycling policies and consider new ways to im- prove C &D recycling efforts to increase the amount of C &D waste materials to be recycled. 2012 TCSD 6. Support legislation that encourages or requires manu- facturers to incorporate product lifecycle and re -use technologies into the manufacturing process. Ongoing Planning TCSD 7. Evaluate and establish green purchasing policies and incorporate into bid specs for vendors. 2011 Finance 8. Consider using the Business License renewal process to encourage businesses to adopt green purchasing prac- tices. 2012 Planning Finance Waste Management Action Plan 20 Transportation Improve mobility throughout the community Disperse activity nodes throughout the City Create a flexible network of alterna- tive modes of tra ns- portation Distribute trip types among all modes of transportation (vehicle, transit, pedestrian, bicycle, etc.) Maintain physical roadway condition a long transit corri- dors Improve the trans- portation system to better connect jobs, housing, schools, shopping and rec- reational uses • _ Success Indicators Travel time and distance from neighborhoods to activity Nodes An interconnected network of side- walks, bike paths, multipurpose trails, with access to transit Percent of trips by mode of transpor- tation Pavement Condition Index Completion of Ynez Road, Diaz Road, Butterfield Stage Road, Western By- pass, Eastern Bypass, Rancho Way, and French Valley Parkway Target: • All residents within 1/4 mile or 10 minutes walking distance of an ac- tivity node Target: • Pedestrian Performance Measures by 2012 • Bicycle Performance Measures by 2012 • Transit Performance Measures by 2012 • Complete the Multi -use Trails and Bikeways Master Plan: Class I Bike Lane /Trails by 2030 Class II Bile Lanes by 2025 Target: • Baseline trip distribution for each mode of transportation by 2012 • Target trip distribution for each mode of transportation by 2013 Target: • Establish Pavement Condition In- dex for transit corridors by 2012 to ensure existing roadway pavement along designated transit corridors is appropriately maintained Target: • Completion of identified roadways is dependent on rate of develop- ment and funding availability 21 Action to be taken Date to be accomplished Responsible Department 1. Evaluate potential areas, such as the Jefferson, Ynez and Margarita Corridors, for mixed -use and /or transit oriented development and amend Land Use and Zoning as necessary. To be completed with the General Plan Update Planning Public Works RDA 2. Evaluate policies that support higher density, transit oriented development and infill development, which re- duce vehicle miles traveled on the roadways. To be completed with the General Plan Update Planning Public Works 3. Participate in the Smart Growth Concept Map study. Use the Smart Growth Concept Map study to comply with the Sustainable Communities Strategy requirement of SB 375. 2012 Planning Public Works 4. Identify and evaluate north /south and east /west trans- portation corridors to include in a "complete street" planning study. To be completed with the General Plan Update Planning Public Works 5. Ensure pedestrian and bicycle access is provided at end of cul -de -sacs. Ongoing Planning Public Works 6. Evaluate policies for development that orient develop- ment toward and allow pedestrian access to water- courses. 2012 Planning 7. Evaluate pedestrian and bicycle route design guidelines, and performance measures. 2012 Planning Public Works 8. Coordinate with RTA and neighboring jurisdictions to locate a transit center within the area, and to improve transit opportunities. Ongoing Planning 9. Work with RTA to improve connections between neighborhoods and commuter bus lines. Ongoing Planning Public Works 10. Evaluate "complete street" standards for designated roadways. To be completed with the General Plan Update Planning Public Works Transportation Action Plan 22 Action to be taken Date to be accomplished Responsible Department 11. Evaluate and update if necessary, the City's Trip Reduc- tion Ordinance. 2013 Planning Public Works 12. Support Rideshare opportunities between the Western Riverside County region and San Diego County region. Ongoing Planning Human Re- sources 13. Evaluate and establish Pavement Condition Index for the pavement management and maintenance of transit corridors. 2012 Public Works 14. Evaluate and amend pavement maintenance policies for transit corridors and incorporate funding priorities into the Capital Improvement Program. 2013 Public Works 15. Coordinate the transportation subcommittee efforts with transportation agencies and neighboring jurisdictions to complete critical street connections within the greater Temecula area. Ongoing Planning Public Works 16. Evaluate establishing a Neighborhood Electric Vehicle (NEV) network that would enable the use of smaller, more energy efficient vehicles in appropriate areas of the City. 2012 Planning Public Works 17. Identify remaining incomplete segments of Class I Bike Lanes /Trails and Class II Bike Lanes and incorporate projects into the CIP budget. 2011 Planning TCSD Public Works Transportation Action Plan 23 (This page is left blank intentionally) 24 Open Space Acquire and protect open space areas within the City and its Sphere of In- fluence Increase the amount of open space within City boundaries Improve accessibility to open space areas Create or enhance public space/plazas within non residential zoning districts • !Mess Indicators Percent of open space Baseline: Target: 15% (2,951 acres) of all land within City boundary is currently designated as open space (2008) • 30% of all land within City bound- ary designated as open space by 2030 MSHCP Linkages and Core Habitat Target: areas • Minimize development within Link- age and Core Habitat areas Protection of trees throughout the Target: City • Urban Forest Program by 2015 Preservation of the Escarpment Area Baseline: 113 acres (Acquired) Target: • Protection of approximately 500 acres Number of, or acres of public space/ Target: plazas • Target TBD with General Plan up- date 25 Action to be taken Date to be accomplished Responsible Department 1. Implement escarpment preservation plan. 2011 Planning 2. Annex areas within Sphere of Influence when they are economically feasible and protect and maintain open space areas within the annexed areas (specifically the Escarpment, Santa Margarita Ecological Preserve, and Johnson Ranch). Ongoing Planning 3. Evaluate adopting a `Cluster Ordinance" to encourage preservation of additional open space in applicable zones. 2011 Planning 4. Work with non - profit youth groups, service groups, TVUSD, and SDSU to maintain trails and trail heads within natural open space areas. 2012 Planning TCSD 5. Map MSHCP Core Habitat and Special Linkages within the City and evaluate development policies that encour- age preservation of these areas. 2011 Planning GIS 6. Establish appropriate target for desired public space in non - residential zoning districts. 2013 Planning 7. Evaluate appropriate development standards to achieve target. 2013 Planning 8. Evaluate establishing a Community Garden program. 2012 TCSD 9. Evaluate participation in the Tree City USA program. 2013 Planning TCSD Public Works 10. Expand existing Trees for Temecula street tree planting program. Ongoing Public Works Open Space Action Plan 26 Community Outreach Increase awareness and engage the community about green principles and practices Sustainability Goals • Share information and educate the community Mess Indicators Public awareness about sustainability issues and practices Target: • Ongoing 27 Action to be taken Date to be accomplished Responsible Department 1. Utilize existing resources (Channel 3, Business license renewal, City Newsletter, etc.) to provide information to the public about sustainable practices. Ongoing Planning City Manager's Office TCSD Finance 2. Develop and maintain green webpage to provide infor- mation to the public about sustainable practices and actions of the City. Ongoing Planning TCSD Information Systems 3. Coordinate with the Library and The Children's Museum to develop sustainability displays and events. 2011 then ongoing Planning TCSD 4. Provide sustainability information to the public during Community Services Expo. 2011 then ongoing Planning TCSD 5. Coordinate with TVUSD to promote sustainable prac- tices. Ongoing Planning 6. Develop outreach materials that can be attached to de- velopment applications, and distributed at City facilities and at City events. 2011 the ongoing Planning 7. Coordinate with and promote utility company rebate, incentive, and assistance programs. Ongoing Planning 8. Coordinate with resource agencies and utilize existing outreach materials where available. Ongoing Planning 9. Coordinate with existing professional and non - profit or- ganizations to share information about sustainable prac- tices. Ongoing Planning 10. Coordinate Citywide Sustainability event for the resi- dents and businesses of the community. 2012 All Depart - ments Community Outreach Action Plan 28 TO: Planning Commission FROM: Eric Jones, Assistant Planner DATE: June 16, 2010 CITY OF TEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM SUBJECT: Request for further continuance of Planning Application No. PA08 -0117, a Conditional Use Permit and Antenna Facility Application for a cell tower facility developed as two 34' flag poles and one 35' flag pole located 45100 Redhawk Parkway. The applicant for the above referenced application has requested to continue their public hearing to September 15, 2010. The applicant states this will allow adequate time to work on the issues discussed at the last public hearing conducted on March 17, 2010. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: CEQA: PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Existing Conditions/ Land Use: North: South: East: West: Lot Area: Total Floor Area /Ratio: Landscape Area /Coverage: Parking Required /Provided: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION June 16, 2010 Eric Jones, Case Planner Planning Application Numbers PA10 -0063 and PA10 -0064, a Conditional Use Permit and an associated Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A Approve with Conditions Categorically Exempt Section 15301, Class 1 Existing Facilities Samah Barno Highway Tourist Zoning Designation: Specific Plan No. 10 (Vail Ranch) Site: Existing Commercial - Highway Tourist Temecula Parkway, Existing Residential - Low Medium Existing Creek Channel, Residential - Low Medium Existing Self- Storage - Industrial Park Existing Commercial - Highway Tourist Existinq /Proposed Min /Max Allowable or Required Existing NIA Existing Existing Existing 1 NIA NIA NIA BACKGROUND SUMMARY On March 2, 2010, Samah Barno submitted a Minor Conditional Use Application and a Finding of Public Convenience or Necessity Application to operate a 1,704 square foot liquor store (ABC License Type 21) within an existing commercial structure located at 32475 Temecula Parkway, Suite 103A. 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 The project area is zoned Historic Commercial B (Planning Area 18) per the Vail Ranch Specific Plan (SP -10). The Specific Plan indicates that uses for this zone are listed in the County of Riverside Land Use Ordinance No. 348. Staff determined upon reviewing Ordinance No. 348 that liquor stores were an allowable use. However, per the City of Temecula Development Code Section 17.10.020.B.4.c, no liquor store shall open for business without the prior approval of a Conditional Use Permit prior to the conduct of business. A Conditional Use Permit application was filed for this reason. The City of Temecula Development Code provides several provisions with regard to liquor store locations. Section 17.10.020.B.4.a states that liquor stores shall not be located within one thousand feet from any other existing liquor store. The proposed project is not within one thousand feet of any other existing liquor store. The City of Temecula Development Code Section 17.10.020.B.3 also states that alcohol selling businesses shall not be located within five hundred feet of any religious institution, educational institution, day care, or public park. The Code states that this requirement does not apply when the alcohol selling business and the church, school or park are both located within commercial or industrial zones. The immediately surrounding parcels are a combination of commercial and industrial zones. Furthermore, there are no churches, educational institutions, day cares, or public parks located within the five hundred foot radius. The City of Temecula Development Code Section 17.10.020.B.4.b states that a security plan, including but not limited to, product location, cameras and similar monitoring systems, aisle configuration, point of sales location(s), exterior and parking lighting, and measures to prevent and discourage loitering and other reasonable factors have been submitted to the Chief of Police. The Police Department has informed staff that they approve of the applicant's security measures and hours of operation. Per the submitted Statement of Operations, the proposed hours of operations are as follows: Monday through Thursday 8 a.m. — 10 p.m., Friday through Saturday 8 a.m. — 11 p.m., and Sunday 11 a.m. — 9 p.m. In addition, the Police Department has provided Conditions of Approval for the project. The California Department of Alcoholic Beverage Control has required the applicant to also pursue a Finding of Public Convenience or Necessity Application. The applicant submitted this application with the Minor Conditional Use Permit application to allow for concurrent processing. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on June 5, 2010 and mailed to the property owners within the required 600 -foot radius. 2 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). The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The liquor store will be located in a currently existing shopping center. The only change is that the approval of the Conditional Use Permit and Finding of Public Convenience or Necessity applications will authorize the sale of beer, wine and distilled spirits. No modifications are proposed to the exterior of the structure. All work will consist of tenant improvements. FINDINGS Conditional Use Permit The proposed conditional use is consistent with the General Plan and the Development Code. As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. 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. As conditioned, 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 adjacent uses, buildings and structures are all commercial or industrial in nature. Residences are located approximately 700 feet north and 650 feet south of this conditional use. 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 for the proposed conditional use is currently existing and 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 to integrate the use with other uses in the area. The shopping center in which the conditional use is located currently exists, and no construction or on -site modifications are proposed as a part of this project. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. 3 The project has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure the nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project has also been conditioned to abide by all requirements stipulated by the California Department of Alcoholic Beverage Control and Riverside County Department of Environmental Health. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Public Convenience or Necessity Is the proposed use consistent with the General Plan and Development Code? As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. Is the proposed use compatible with the nature, condition and character of adjacent land uses? The liquor store will be located in an existing commercial center within a commercially zoned area. Uses within this center consist of restaurants, general retail, a hookah lounge, and a martial arts studio. Uses surrounding the project consist of restaurants, general retail, self - storage, and a utility station. The proposed use has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure it is compatible with the nature, condition and character of the adjacent land uses. Will the proposed use have an adverse effect on adjacent land uses? Liquor stores are permitted with a Conditional Use Permit in the proposed location per the Vail Ranch Specific Plan (SP -10) and the City of Temecula Development Code. In addition, uses described in the Vail Ranch Specific Plan are intended to co -exist with one another. Due to the Conditional Use Permit requirement in the Development Code and Public Convenience or Necessity requirement from the State of California, Building and Safety, Community Services, Fire, and the Police Department were able to further review and condition the project to ensure that it will not have an adverse effect on adjacent land uses. 4 Would the proposed use result in an excessive number of similar establishments in close proximity? The Finding of Public Convenience or Necessity Application is only intended to address the proposed project. It does not permit additional liquor stores to operate in the immediate area, Furthermore, the City of Temecula Development Code (Section 17.10.020.B.4.a) states that liquor stores must be located no less than 1,000 feet from one another. Additional liquor stores are not located within this distance. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 5 otru1111Hh1I Nagitnafto r ►;.:��� / l �! 1111 � ��J 19•-5- 1 O C , . . NEW H.C. ACC.TOILET S e. IW CO • t T�4 V • . N IC j v� 1 SU!TE O1O3A w "" R a; RETAIL n L Ic y • •OPEN AREA • r d. • I6 r r v i R• T Fi t• �i le— a. •` n . • of -mss to rf - 0--4 9 i si 0..ec i ' % r ( �f 1 ii 4 1 ; ' t• 5 • ..'. 4 I . s ; ` i - F L . r L ` f 1F c, i • _00R PLAN • ° 2 PC RESOLUTION NO. 10- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NOS. PA10 -0063 AND PA10 -0064, A CONDITIONAL USE PERMIT AND ASSOCIATED FINDING OF PUBLIC CONVENIENCE OR NECESSITY TO OPERATE A 1,704 SQUARE FOOT LIQUOR STORE (TYPE -21 ABC LICENSE) LOCATED AT 32475 TEMECULA PARKWAY, SUITE 103 A (APN 960- 020 -059) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 2, 2010, Samah Barno, filed Planning Application Nos. PA10- 0063, a Conditional Use Permit Application and PA10 -0064, a Finding of Public Convenience or Necessity Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Applications were 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 June 16, 2010, 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. PA10 -0063 and PA10 -0064 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 17.04.010) 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; As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. 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; As conditioned, 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 adjacent uses, buildings and structures are all commercial or industrial in nature. Residences are located approximately 700 feet north and 650 feet south of this conditional use. 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 for the proposed conditional use is currently existing and 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 to integrate the use with other uses in the area. The shopping center in which the conditional use is located currently exists, and no construction or on -site modifications are proposed as a part of this project. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The project has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure the nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community The project has also been conditioned to abide by all requirements stipulated by the California Department of Alcoholic Beverage Control and Riverside County Department of Environmental Health. E. That the decision to approve, conditionally approve, or deny the application for a conditional use permit be based on substantial evidence in view of the record as a whole before the planning commission or city council on appeal; The decision to approve, conditionally approve, or deny the application for a Conditional Use Permit will be based on substantial evidence in view of the record as a whole before the Planning Commission or City Council on appeal. Finding of Public Convenience or Necessity (Development Code Section 17.10.020.b.5) Code; F. Is the proposed use consistent with the General Plan and Development As conditioned, the project is consistent with the General Plan Land Use designation of Highway Tourist Commercial and meets all of the goals and policies contained in the General Plan. The General Plan anticipated land uses that serve the commercial needs of tourist to be located in the Highway Tourist Commercial Land Use Designation. Additionally, the project meets all applicable requirements contained in the Development Code, including the 500 -foot separation requirement for sensitive uses when a business sells alcoholic beverages and the 1,000 foot separation from other existing liquor stores. G. Is the proposed use compatible with the nature, condition and character of adjacent land uses; uses; The liquor store will be located in an existing commercial center within a commercially zoned area. Uses within this center consist of restaurants, general retail, a hookah lounge and a martial arts studio. Uses surrounding the project consist of restaurants, general retail, self - storage, and a utility station. The proposed use has been reviewed and conditioned by Building and Safety, Community Services, Fire, and the Police Department to ensure it is compatible with the nature, condition and character of the adjacent land uses. H. Will the proposed use would have an adverse effect on adjacent land Liquor stores are permitted with a Conditional Use Permit in the proposed location per the Vail Ranch Specific Plan (SP -10) and the City of Temecula Development Code. In addition, uses described in the Vail Ranch Specific Plan are intended to co -exist with one another. Due to the Conditional Use Permit requirement in the Development Code and Finding of Public Convenience or Necessity required from the State of California, Building and Safety, Community Services, Fire, and the Police Department were able to further review and condition the project to ensure that it will not have an adverse effect on adjacent land uses. Would the proposed use result in an excessive number of similar establishments in close proximity; The Finding of Public Convenience or Necessity Application is only intended to address the proposed project. It does not permit additional liquor stores to operate in the immediate area. Furthermore, the City of Temecula Development Code (Section 17.10.020.B.4.a) states that liquor stores must be located no less than 1,000 feet from one another. 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 and Finding of Public Convenience or Necessity Applications: 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). The project qualifies for the Existing Facilities exemption under CEQA Section 15301, Class 1. The liquor store will be located in a currently existing shopping center. The only change is that the approval of the Conditional Use Permit and Finding of Public Convenience or Necessity applications will authorize the sale of beer, wine and distilled spirits. No modifications are proposed to the exterior of the structure. All work will consist of tenant improvements. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application Nos. PA10 -0063 and PA10 -0064, a Conditional Use Permit and Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A, 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 16th day of June 2010. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Carl Carey, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 10- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16th day of June 2010, 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 Nos.: PA10 -0063 and PA10 -0064 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: June 16, 2010 Expiration Date: June 16, 2012 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements A Conditional Use Permit and Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A 960- 020 -059 Exempt (Existing Structure — Tenant Improvements Only) NIA (Existing Structure — Tenant Improvements Only) Exempt (Existing Structure — Tenant Improvements Only) The applicant /developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty -Four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 21152 and California Code of Regulations Section 15062. If within said 48 -hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentalitythereof, 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 consistent with Specific Plan No. 10 (Vail Ranch). PL -7. A separate building permit shall be required for all signage. PL -8. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -10. The applicant shall comply with their Statement of Operations submitted March 2, 2010, 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. PL -13. 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 -14. Hours of operation for the liquor store shall be as follows: Monday through Thursday 8 a.m. — 10 p.m., Friday to Saturday 8 a.m. — 11 p.m., Sunday 11 a.m. — 9 p.m. PL -15. The applicant shall abide by all requirements of the California Department of Alcoholic Beverage Control. OUTSIDE AGENCIES PL -16. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 10, 2010, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditionsllnformation 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. Obtain all building plans and permit approvals prior to commencement of any construction work. B -3. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -4. The hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one - quarter mile of an occupied residence. The permitted hours of construction are Monday through Friday from 7:00 a.m. to 6:30 p.m., and Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. B -5. Provide an approved automatic fire sprinkler system. At Plan Review Submittal B -6. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -7. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2007 edition of the California Plumbing Code. 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. Only the City's franchisee may haul demolition and construction debris. CS -2. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permits CS -3. The developer shall provide TCSD verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. FIRE PREVENTION General Requirements F -1. 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. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction (CFC Chapter 5, Section 503.4). F -3. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection (CFC Chapter 1). Prior to Issuance of Building Permit(s) F -4. Fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler tenant improvement plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F -5. Fire alarm tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm tenant improvement plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy F -6. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of six- inch high letters and /or numbers on both the front and rear doors (CFC Chapter 5, Section 505.1 and Temecula City Ordinance 15.16.020 Section E). POLICE DEPARTMENT General Requirements PD -1. Any business that serves or sells any type of alcoholic beverages will comply with all guidelines within the Business and Profession Codes and all other guidelines associated with the State Department of Alcohol Beverage Control. PD -2. Contact the Temecula Police Department for inspections and training for both employees and owners. This includes special events held at business locations where alcohol will be served for a fee and the event is open to the general public. PD -3. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -4. 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 any of 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, County or City agency. PD -5. As noted above, only a valid government issued identification card issued bya Federal, State, County or City agency is acceptable, providing it complies with 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 -6. All exterior lighting shall be in compliance with Riverside Mount Palomar Lighting Ordinance 655, low pressure sodium lighting preferred. PD -7. All exterior doors shall have vandal resistant light fixtures installed above each door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. PD -8. All lighting affixed to the buildings shall be wall mount light fixtures to provide sufficient lighting during hours of darkness. PD -9. Applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non - business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non - business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1000 in accordance with Title 24, Part 6, of the California Code of Regulations. PD -10. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. PD -11. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24- hour dispatch Center at (951) 696 -HELP. PD -12. Upon completion of construction, the suite shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm companyto notify the Temecula Police Department of any intrusion. PD -13. Any public telephones located on the exterior of the buildings shall be placed in a well - lit, 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 buildings. PD -14. Penal Code 490.5 affords merchants the opportunity to recover their losses through a civil demand program. PD -15. Employee training regarding retail /credit card theft, citizens' arrest procedures, personal safety, business security, shoplifting or any other related crime prevention training procedures is also available through the Crime Prevention Unit. PD -16. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department. PD -17. The Temecula Police Department affords all retailers the opportunity to participate in the "Inkless Ink Program." At a minimal cost for inkless inkpads, retailers can take a thumbprint of every customer using a personal check to pay for goods or services. A decal is also posted on the front entry of the business advising customers of the "Inkless Ink Program" in use. If the business becomes a victim of check fraud, the Police Department will be able to track the suspect with the thumbprint. PD -18. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi - public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two -way radios, for example) and design efficiencies, such as the location of restrooms in a public building. PD -19. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695 -2773. Z c Eil. NTY O F RIVERSIDE • COMI NITY HEALTH AGENCY ,/ DE OF E H EALTH City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 10 March 2010 RE: PA 10 -0063 The Department of Environmental Health (DEH) has received and reviewed the PA10- 0063 (related application PA10 -064- Public Convenience or Necessity) for a Conditional Use Permit to operate a liquor store located at 32475 Temecula Parkway, Suite 103A under the applicant: Samah Barno. The restaurant building located on this Assessor's Parcel Number (APN 960 - 020 -059) 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, Gregor Dellenbach, REHS EHS100217 6 2010 Lanai Enforcement Agency • P.O. Box 1280, Riverside, CA 92502-1280 • (951) 955-8982 • FAX (951) 781 -9653 • 4080 Lemon Street, 9th Floor, Riverside, CA 9 2l,lti � Laud Use and Water Engineering • P0. Box 1206, Riverside, CA 92502 -1206 • (951) 955-8980 • FAX (951) 955 -8903 • 4080 Lemon Street. 2nd Floor, Riverside, CA Answers for Section I. 1. Walking cooler, and reaching cooler Statement of Operation 2. Monday to Thursday 8:00 a.m. - 10:00 p.m. Friday to Saturday 8:00 a.m. - 11:00 p.m. Sunday 11:00 a.m. - 9:00 p.m. 3. Family operation 3 people 4. No , private security 5. 40 to 50 people a day 6. 426 parking spaces 7. Basic snacks items will be sold in the store 8. Yes, alcohol will be provided 9. No, entertainment or loud music 10. No, all types of structures will be provided 11. None, portable restrooms will be provided 12. Yes, ADA (handicap) paths are existing on site Case Nos: Applicant: Proposal: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below PA10 -0063 and PA10 -0064 Samah Barno A Conditional Use Permit and Finding of Public Convenience or Necessity to operate a 1,704 square foot liquor store located at 32475 Temecula Parkway, Suite 103 A In accordance with the California Environmental Quality Act (CEQA), the proposed project is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA Section 15301, Class 1 Existing Facilities Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers June 16, 2010 6:00 p.m. • 0 PA10 -0063 & PA10 -0064 500 1000 ���p111 • 1. 0441 o • i -40,01ruir „A , O I N0 111111 • •. 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 shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the Planning Commission, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the City of Temecula Planning Department, 43200 Business Park Drive, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner at (951) 506 -5115.