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HomeMy WebLinkAbout060111 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 NOTICE TO THE PUBLIC TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET JUNE 1, 2011 — 6:00 PM Earlene Bundy Commissioner Guerriero Carey, Guerriero, Harter, Kight, and Telesio CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Minutes of May 18, 2011 1 Next in Order: Resolution: 11 -21 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. 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.. COMMISSION BUSINESS 2 Discussion of approval process for exterior color changes on commercial buildings PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Any person dissatisfied with any decision of the Planning Commission may file an appeal of the Commission's decision. Said appeal must be filed within 15 calendar days after service of written notice of the decision, must be filed on the appropriate Planning Department application and must be accompanied by the appropriate filing fee. 3 Planning Application No. PA11 -0072, a Conditional Use Permit to allow Bratts Tapas and Cocktails to offer live entertainment and full alcohol (ABC License Type 47) located at 27648 Ynez Road, Eric Jones RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0072, A MINOR CONDITIONAL USE PERMIT FOR BRATT'S TAPAS AND COCKTAILS TO OFFER LIVE ENTERTAINMENT AND FULL ALCOHOL (TYPE 47) AT 27648 YNEZ ROAD (APN 921 - 320 -012) 4 Long Range Planning Application No. LR11 -0002, a proposed Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use, Dana Schuma RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNICL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND 2 USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE" (LONG RANGE PLANNING PROJECT NO. LR11 -0002) 5 Planning Application No. PA11 -0115, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -22) in the City of Temecula right -of -way on the north side of Rancho California Road, approximately 655' west of Margarita Road, Matt Peters RECOMMENDATION: 5.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0115, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -22) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE NORTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 655' WEST OF MARGARITA ROAD 6 Planning Application No. PA11 -0116, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -23) in the City of Temecula right -of -way on the south side of South General Kearny Road, approximately 555' east of La Serena Way, Matt Peters RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0116, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -23) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE SOUTH SIDE OF SOUTH GENERAL KEARNY ROAD, APPROXIMATELY 555' EAST OF LA SERENA WAY 7 Planning Application No. PA11 -0117, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless 3 distributed antenna system (DAS) Master Plan (Node TM -24) in the City of Temecula right -of -way on the west side of Crown Hill Road, approximately 200' south of the centerline of Old Kent Road, Matt Peters RECOMMENDATION: 7.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0117, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -24) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE WEST SIDE OF CROWN HILL ROAD, APPROXIMATELY 200' SOUTH OF THE CENTERLINE OF OLD KENT ROAD 8 Planning Application No. PA11 -0120, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -31) in the City of Temecula right -of -way on the north side of General Kearney Road, approximately 1,250 feet south of Nicolas Road , Matt Peters RECOMMENDATION: 8.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0120, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -31) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE NORTHWEST SIDE OF GENERAL KEARNEY ROAD, APPROXIMATELY 1,250 FEET SOUTH OF NICOLAS ROAD 9 Planning Application No. PA11 -0122, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -33) in the City of Temecula right -of -way on the north side of Margarita Road, adjacent to Winchester Creek Park, Matt Peters RECOMMENDATION: 9.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- 4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0122, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NOTE TM -33) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE EAST SIDE OF MARGARITA ROAD, ADJACENT TO WINCHESTER CREEK PARK 10 Planning Application No. PA11 -0123, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -36) in the City of Temecula right -of -way on the north side of Winchester Road, approximately 460' southwest of the centerline of Margarita Road, Matt Peters RECOMMENDATION: 10.1 Adopt a resolution entitled: PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0123, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELWSS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -36) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE NORTH SIDE OF WINCHESTER ROAD, APPROXIMATELY 460' SOUTHWEST OF THE CENTERLINE OF MARGARITA ROAD REPORTS FROM COMMISSIONERS ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 15, 2011, 6:00 PM City Council Chambers, 41000 Main Street, 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 41000 Main Street 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.orq. 5 PRELUDE MUSIC: CALL TO ORDER: Flag Salute: Roll Call: CONSENT CALENDAR 1 Minutes COMMISSION BUSINESS 2 CIP General Plan Consistency RECOMMENDATION: PUBLIC HEARING ITEMS ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 18, 2011 — 6:00 PM Earlene Bundy Commissioner Carey Carey, Guerriero, Harter, Kight, and Telesio Next in Order: Resolution: 11 -18 1.1 Approve the Minutes of May 4, 2011 APPROVED 4- 0 -0 -1; MOTION BY COMMISSIONER HARTER, SECOND BY COMMISSION TELESIO; VOTE REFLECTED APPROVAL; GUERRIERO ABSTAINED 2.1 Finding of Consistency with General Plan APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER CAREY; VOTE REFLECTED UNANIMOUS APPROVAL 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. 1 3 CONTINUED FROM APRIL 20, 2011 MEETING: Planning Application No. PA10 -0309 a two -phase Development Plan for a three - story, 97,685 square foot senior congregate care facility with 99 units consisting of studio, one bedroom, and two bedroom apartments, generally located on the southwest corner of Rancho California Road and Moraga Road, Eric Jones RECOMMENDATION: 3.1 To be continued to July 6, 2011 at the applicant's request APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER HARTER; VOTE REFLECTED UNANIMOUS APPROVAL 4 Planning Application No. PA11 -0105, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -09) in the City of Temecula right -of -way on the east side of Butterfield Stage Road, approximately 185' south of the centerline of Royal Crest, Matt Peters APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 11 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0105, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -09) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE EAST SIDE OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 185' SOUTH OF THE CENTERLINE OF ROYAL CREST 5 Planning Application No. PA11 -0107, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -11) in the City of Temecula right -of -way on the southeast corner of Pauba Road, approximately 146' south of the centerline of Meadows Parkway, Matt Peters APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 5.1 Adopt a resolution entitled: 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0107, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -11) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE SOUTHWEST CORNER OF PAUBA ROAD, APPROXIMATELY 146' WEST OF THE CENTERLINE OF MEADOWS PARKWAY 6 Planning Application No. PA11 -0110, a Conditional Use Permit for NewPath /Crown Castle to install antenna facilities on an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -14) in the City of Temecula right -of -way on the south side of Rancho California Road, approximately 320' west of the centerline of Butterfield Stage Road, Matt Peters APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 6.1 Adopt a resolution entitled: PC RESOLUTION NO. 11 -20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0110, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL ANTENNA FACILITIES ON AN EXISTING JOINT USE WOOD UTILTIY POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -14) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE SOUTH SIDE OF RANCHO CALIFORNIA ROAD, APPROXIMATELY 320' WEST OF THE CENTERLINE OF BUTERFIELD STAGE ROAD 7 Planning Application No. PA11 -0112, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -18) in the City of Temecula right -of -way on the northwest side of Southern Cross Road, across from Sky Terrace Drive, Matt Peters CONTINUE TO JUNE 15, 2011: APPROVED 5 -0; MOTION BY COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; VOTE REFLECTED UNANIMOUS APPROVAL RECOMMENDATION: 7.1 Adopt a resolution entitled: PC RESOLUTION NO. 11 -19 PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0112, A CONDITIONAL USE PERMIT FOR NEWPATH /CROWN CASTLE TO INSTALL 3 A NEW 40' HIGH CONCRETE STREET LIGHT POLE AS PART OF ITS WIRELESS DISTRIBUTED ANTENNA SYSTEM (DAS) MASTER PLAN (NODE TM -18) IN THE CITY OF TEMECULA RIGHT -OF -WAY ON THE NORTHWEST SIDE OF SOUTHERN CROSS ROAD, ACROSS FROM SKY TERRACE DRIVE Blanche Tsingas, Temecula resident, addressed the Planning Commission Nick Tsingas, Temecula resident, addressed the Planning Commission Gyula Szotyori, Temecula resident, addressed the Planning Commission Louis Todd, Temecula resident, addressed the Planning Commission Bill Hart, Temecula resident, addressed the Planning Commission Dale Knight, Temecula resident, addressed the Planning Commission Nancy Crispin, Temecula resident, addressed the Planning Commission Toula Tsafos, Temecula resident, addressed the Planning Commission John Humphrey, Temecula resident, addressed the Planning Commission REPORTS FROM COMMISSIONERS PLANNING DIRECTOR REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, June 1, 2011, 6:00 PM City Council Chambers, 41000 Main Street, Temecula, California. Pat Kight Chairman 4 Patrick Richardson Director of Planning and Redevelopment DISCUSSION ITEM DATE OF MEETING: June 1, 2011 PREPARED BY: Eric Jones, Case Planner RECOMMENDATION: Approve with Conditions CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Steve Rawlings on behalf of Amber Miller General Plan Designation: PROJECT Planning Application No. PA11 -0072, a Minor Conditional Use SUMMARY: Permit for Bratt's Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez Road Existing Conditions/ Land Use: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION Community Commercial (CC) Zoning Designation: Community Commercial (CC) Site: Existing Vacant Commercial /Community Commercial (CC) North: Existing Commercial /Community Commercial (CC) South: Existing Vacant Commercial /Community Commercial (CC) East: Existing Commercial /Community Commercial (CC) West: Ynez Road, Existing Gas Station /Highway Tourist (HT) Existinq /Proposed Min /Max Allowable or Required Lot Area: .53 Acres .46 Acres Total Floor Area /Ratio: N/A N/A Landscape Area /Coverage: N/A N/A Parking Required /Provided: N/A N/A BACKGROUND SUMMARY On March 24, 2011, Steve Rawlings submitted Planning Application No. PA11 -0072, a Minor Conditional Use Permit to allow Bratt's Tapas to provide alcohol (ABC License Type 47) and live entertainment. 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 Bratt's Tapas is a new restaurant that will be located within an existing commercial building in the Temecula Town Center. The applicant has requested a Minor Conditional Use Permit in order to allow for the sale of beer, wine and distilled spirits with a Type 47 License (On -Sale General for Bona Fide Public Eating Place) from the California Department of Alcoholic Beverage Control (ABC). An application for findings of Public Convenience or Necessity (PCN) will not need to be filed with the City of Temecula since this function will be carried out by ABC. Live entertainment has been proposed as part of the project. Per the Statement of Operations submitted with the application, the hours for live entertainment are Thursday through Saturday from 8 p.m. to 1:30 a.m. and Sunday from 11 a.m. to 6 p.m. The live entertainment will consist of a band or DJ. The music will vary from jazz, blues and Latin. The project has been conditioned to ensure that all live entertainment is conducted indoors and not on the existing patio. The applicant has also proposed to complete the existing outdoor patio fencing and add two access gates. The new fencing will match in look and material of that which already exists. A three -foot Plexiglas topper will be added to reduce noise for patrons dinning on the patio from the immediately adjacent parking lot. The project has been conditioned to ensure the Plexiglas is replaced if it begins to dull or fade. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 19, 2011 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). The proposed restaurant will be located inside a currently vacant commercial structure within a fully developed commercial center. All work associated with the project will consist of tenant improvements with the exception of the completion of the existing patio fencing. This completion will not require any grading since the area is already fully paved. FINDINGS (Per Municipal Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. The proposed use will allow for a restaurant to offer a full alcohol menu and provide live entertainment to its customers within a center zoned Community Commercial. The General Plan designation for the center is also Community Commercial. The types of uses proposed by the project are typical for areas with a Community Commercial designation. As a result, the project is consistent with General Plan and Development Code requirements. 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 use will take place within a fully developed commercial center zoned Community Commercial Restaurants serving full alcohol and providing live entertainment are typical in Community Commercial zones, Several other restaurants are located within close proximity. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, the proposed conditional use has been determined to not adversely affect the 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 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 project will be located within a fully developed commercial center zoned community commercial The structure that will house the use previously contained a restaurant. Therefore, the site for the proposed conditional use permit 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. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The proposed conditional use has been reviewed by the Fire, Building and Safety, Public Works, Planning, and Police departments to ensure it will not be detrimental to the health, safety, and general welfare of the community. The Riverside County Department of Environmental Health also reviewed the project and provided conditions of approval. 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 the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Notice of Public Hearing 5 j J j \ 3 § \ a \/Q y ± k - \ / 13 , 'f't), k ƒ k 2 /\ \ /� ® (4- 0 »° »® d to \ _ \ � n A -' t }-- g �® ®� Z ZL W. / v 2 & it :i a � \ 42 Z } § tti ƒ « ��\� I ~z °° # �� $ $u a ¥ �\ k / W 7 72 \ <m R , m rw y c( * /• ' _ < ., j\ d ,« u 7 I U. _ 0 \ 2 .- u u @ y u { a t k 9 j onimm PP " t '.4 14 NiLf L • i --'-- ' ' : 4 ■ ! ' ! ••■• .t.• ..■•■•■ 1.1 ! , : . , : . - 1 . . . I . : , __, TrAlitetEti)-04 ■ IX Z 1 1 I ! i I 1 ! , 1 ; • x. 5 - 5, 14 GT. . 04110 I ; t I . : 4 . 1 : . , , . , .....i , .; . I 1 , . I i • : .• • t i ! : ; . ■ !_. •: i, T - ! , , ,--- i I _.........7: , , _.... , , _ 9_t_s_Ll e 1_. WOE WIVE APR 2'8 2011; t. L J. PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11 -0072, A MINOR CONDITIONAL USE PERMIT FOR BRATT'S TAPAS AND COCKTAILS TO OFFER LIVE ENTERTAINMENT AND FULL ALCOHOL (TYPE 47) AT 27648 YNEZ ROAD (APN 921 - 320 -012) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 24, 2011, Steve Rawlings on behalf of Amber Miller filed Planning Application No. PA11 -0072, a Minor 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 June 1, 2011, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA11 -0072 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit (Per Municipal Code Section 17.04.010.E) 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 use will allow for a restaurant to offer a full alcohol menu and provide live entertainment to its customers within a center zoned Community Commercial. The General Plan designation for the center is also Community Commercial. The types of uses proposed by the project are typical for areas with a Community Commercial designation. As a result, the project is consistent with General Plan and Development Code requirements. 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 use will take place within a fully developed commercial center zoned Community Commercial. Restaurants serving full alcohol and providing live entertainment are typical in Community Commercial zones. Several other restaurants are located within close proximity. The proposed application has been reviewed to ensure it is compatible with the nature, condition and development of adjacent uses, buildings and structures. Further, the proposed conditional use has been determined to not adversely affect the 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 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 project will be located within a fully developed commercial center zoned community commercial. The structure that will house the use previously contained a restaurant. Therefore, the site for the proposed conditional use permit 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. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community; The proposed conditional use has been reviewed by the Fire, Building and Safety, Public Works, Planning, and Police departments to ensure it will not be detrimental to the health, safety, and general welfare of the community. The Riverside County Department of Environmental Health also reviewed the project and provided conditions of approval. 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 the application for the Conditional Use Permit is based on substantial evidence in view of the record as a whole before the Planning Commission. 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 15301, Class 1 Existing Facilities). The proposed restaurant will be located inside a currently vacant commercial structure within a fully developed commercial center. All work associated with the project will consist of tenant improvements with the exception of the completion of the existing patio fencing. This completion will not require any grading since the area is already fully paved. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA11 -0072, a Minor Conditional Use Permit for Bratt's Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez 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 1st day of June, 2011. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Pat Kight, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June, 2011, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary Planning Application No.: PA11 -0072 Project Description: Assessor's Parcel No.: 921 - 320 -012 MSHCP Category: Exempt (No New Construction or Grading) DIF Category: Exempt (No New Construction) TUMF Category: Exempt (No New Construction) Approval Date: June 1, 2011 Expiration Date: June 1, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. General Requirements EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL A Minor Conditional Use Permit for Bratt's Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez Road. 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 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 with the Planning Department. PL -7. 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 -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. MATERIAL COLOR Patio Fencing Match Existing Sound Proofing Clear Plexiglas PL -9. The applicant shall comply with their Statement of Operations dated March 22, 2011, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. Restaurant hours of operation shall be Monday through Sunday 11:00 a.m. — 2:00 a.m. Live entertainment hours shall be Thursday through Saturday 8 p.m. — 1:30 a.m. and Sundays from 11 a.m. — 6 p.m. 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. 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). PL -15. PL -16. PL -17. All live entertainment shall be conducted indoors and not on the existing patio. The Plexiglas shall be replaced if it begins to dull or fade. 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. PL -18. The applicant shall comply with the Public Art Ordinance. Prior to Issuance of Building Permit(s) PL -19. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape (choose or add to as appropriate) to match the style of the building subject to the approval of the Planning Director. PL -20. Building plans shall indicate that all roof hatches shall be painted "International Orange." PL -21. The developer shall provide the Planning Department verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit PL -22. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right -of -ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or OUTSIDE AGENCIES PL -23. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated March 30, 2011, a copy of which is attached. BUILDING AND SAFETY DEPARTMENT General Conditionsllnformation B -1. backs of building parapet walls are visible from any portion of the public right -of -way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Planning Director. All design components shall comply with applicable provisions of the 2010 edition of the California Building, Plumbing and Mechanical Codes; 2010 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B -2. Provide details of all applicable disabled access provisions and building setbacks on plans. B -3. Provide disabled access from the public way to the main entrance of the building. B -4. Provide van accessible parking located as close as possible to the main entry. B -5. Show path of accessibility from parking to furthest point of improvement. B -6. Obtain all building plans and permit approvals prior to commencement of any construction work. B -7. Commercial and industrial project trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. B -8. Signage shall be posted conspicuously at the entrance to the project that indicates 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 -9. Provide an approved automatic fire sprinkler system. B -10. Commercial projects shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal B -11. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. B -12. Provide number and type of restroom fixtures, to be in accordance with the provisions of the 2010 edition of the California Plumbing Code. Prior to Issuance of Building Permit(s) B -13. Provide appropriate stamp of a registered professional with original signature on plans. 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 Building Permit(s) F -2. For any tenant improvement work that may affect changes to the fire sprinkler system fire sprinkler tenant improvement plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. F -3. Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. The hood extinguishing system is required to be monitored and tied into a fire alarm control panel. For new tenants or occupancies in an existing building this would be required. If the hood system is currently not being monitored then this will be required. Three sets of alarm 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 -4. 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, multi - family residential and industrial 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 and Temecula City Ordinance 15.16.020). F -5. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). POLICE DEPARTMENT General Requirements PD -1. Applicant has applied for a Type 47 On -Sale General — Eating Place (Restaurant) which authorizes the sale of beer, wine and distilled spirits for consumption on the licensed premises and authorizes the sale of beer and wine for consumption off the licensed premises. Applicant must operate and maintain the licensed premises as a bona fide eating place. Minors are allowed on the premises. PD -2. Applicant will comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. PD -3. Applicant will ensure that no alcohol is sold to or consumed by any person under the age of 21. 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 by a 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). It is the responsibility of the business owner and any person who serves or sells alcohol to be aware of current laws and regulations pertaining to alcoholic beverages. PD -6. Sections 24200.5 (b) and 25657 (a) (b) B &P; Rule 143 CCR: Section 303 (a) (PC): On- sale licensees may not: (a) employ hosts, hostesses, or entertainers who solicit others to buythem drinks, alcoholic or non - alcoholic; (b) pay or agree to pay such an employee a percentage of the receipts from the sales of drinks solicited; (c) permit any person whether an employee or not, to loiter for the purpose of soliciting an alcoholic drink. PD -7. Type 41, 47 and 49 licensees must operate and maintain their licensed premises as a bona fide eating place. They must make actual and substantial sale of meals, during the normal meal hours that they are open, at least five days a week. Normal meal hours are: breakfast 6:00 a.m. — 9:00 a.m., lunch 11:00 a.m. — 2:00 p.m., and dinner 6:00 p.m. — 9:00 p.m. Premises that are not open five days a week must serve meals on the days they are open. The premises must be equipped and maintained in good faith. This means the premises must possess working refrigeration and cooking devices, pots, pans, utensils, table service, condiment dispensers, menus, posters, signs, and enough goods to make substantial meals. The premises must comply with all regulations of the local health department. Incidental, sporadic or infrequent sales of meals or a mere offering of meals without actual sales is not compliance. "Meals" means the usual assortment of food commonly ordered at various hours of the day. The service of only sandwiches or salads is not considered compliance. However, certain specialty entrees, such as pizza, fish or ribs, and an assortment of other foods, such as soups, salads or desserts, may be considered a meal. The Department will presume that a licensee is operating as a bona fide eating place if the gross sales of food prepared and sold to guests on the premises exceeds the gross sales of alcoholic beverages. "Prepared" means any processing preliminary to the final serving of food. (Note: Some licensees have a "conditional" license that requires food sales to be 50% or more of the total gross sales Sections 23038 and 23787 B &P). PD -8. 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 -9. 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 -10. Licensees may not permit their licensed premises to become a disorderly house. A disorderly house is a licensed outlet (on or off sale) that: (a) disturbs neighbors with noise, loud music, loitering, littering, vandalism, urination or defecation, graffiti, etc; and /or (b) has many ongoing crimes inside such as drunks, fights, assaults, prostitution narcotics, etc. The licensed premise includes the parking lot (Section 25601 B &P; 316 PC). PD -11. Applicant will ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages are trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers 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. Contact the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5131. PD -12. On -sale licensees who offer entertainment must abide by the following rules: (1) no licensee shall permit any person to perform acts of or acts which simulate; (a) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law, (b) the touching, caressing or fondling on the breast, buttocks, anus or genitals, (c) the displaying of the pubic hair, anus, vulva or genitals; and, (2) Subject to the provisions of subdivision (1) hereof, entertainers whose breasts and /or buttocks are exposed to view shall perform only upon a stage at least 18 inches above the immediate floor level and removed at least six feet from the nearest patron. No licensee shall permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus (Rule 143.3 CCR. Also violates sections 311.6 PC if conduct is "obscene," e.g. intercourse, sodomy masturbation, etc.). PD -13. Licensees may not permit their licensed premises to be a problem for the local law enforcement agency by needing an undue number of calls for service. The licensed premise includes the parking lot (Sections 24200 (a) (B &P). PD -14. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506 -5131. City of Temecula Planning Department c/o Eric Jones PO BOX 9033 Temecula, CA 92589 -9033 30 March 2011 RE: PA11 -0072 JUNTY OF RIVERSIDE • HEt,�i H SERVICES AGENCY Q Pk\DEPARTMENT OF ENVIRONMENTAL HEALTH r e eitote PR o s 2011 The Department of Environmental Health (DEH) has received and reviewed the PA11- 0072 for the Minor Conditional Permit to permit live music and full alcohol (Type 47) inside of the Brans Tapas and Cocktails (new business) located at 27648 Ynez Road throughout the day, under the applicant: Amber Miller. The restaurant building located on this Assessor's Parcel Number (APN 921 - 320 -012) is connected to a potable water line and sanitary sewer from an approved purveyor. Any restaurant use of the building shall require REHS inspector 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, Of Gregor Dellenbach, REHS EHS 110324 Local Enforcement Agency • PO Box 1280. Riverside. CA 92502 -1280 • (909) 955 -8982 • FAX (909) 781 -9653 • 4080 Lemon Street. 9th Floor. Riverside. CA 92501 Land Use and Water Engineering • P0. Box 1206. Riverside. CA 92502 -1206 • (909) 955 -8980 • FAX (909) 955 -8903 • 4080 Lemon Street. 2nd Floor. Riverside, CA 92501 Case No: 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 C:\Program Fi les\Neevi a. Com\Docu m ent Converterltemp11001626.doc PA11 -0072 Steve Rawlings on Behalf of Amber Miller A Minor Conditional Use Permit for Bratt's Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez 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 adopted in compliance with CEQA (Section 15301, Class 1, Existing Facilities) Eric Jones, (951) 506 -5115 City of Temecula, Council Chambers June 1, 2011 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission 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, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION June 1, 2011 Dana Weaver, Case Planner RECOMMENDATION: Approve CEQA: Negative Declaration BACKGROUND SUMMARY Long Range Planning Project No. LR11 -0002, an Ordinance of the City Council of the City of Temecula amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies, designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts, and authorize the Planning Commission to review appeals of the Planning Director's decisions The City Council adopted the Development Code in 1995. Since its adoption, the City Council periodically amends the Development Code from time to time to improve its clarity, make necessary corrections consistent with State Law, add or simplify regulations, or modify provisions within the Development Code. The City's Development Code is intended to provide the legislative framework enhancing and implementing the goals, policies, plans, principles and standards of the Temecula General Plan. The following proposed amendments are consistent with the General Plan, the 2008 -2014 Housing Element Update adopted on July 27, 2010, and all applicable provisions contained therein. ANALYSIS An overview of the proposed changes to the Development Code is outlined below: Reasonable Accommodation Currently, the City has no formalized reasonable accommodation process for individual homeowners requesting exceptions to zoning and development standards to accommodate a specific disability, for example a ramp request. In order to comply with statutory requirements of Chapter 671, Statues 2001 (SB 520) and the City's adopted 2008 -2014 Housing Element Update the proposed Ordinance adds a new Section to Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodation ordinance to reduce constraints on housing for persons with disabilities. The proposed Ordinance creates a discretionary administrative procedure for reasonable accommodation, which is defined as a waiver or modification to regulations, policies, procedures and standards that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use, consistent with state and 1 federal fair housing laws. Based on the City's research, the accommodations granted are likely to be modifications to standards or procedures for small projects that have negligible impacts on the physical environment. Most reasonable accommodation requests are likely to be for the construction of alternative access for residences, such as wheel chair ramps, elevator shafts, etc. The new Section 17.03.065 (Reasonable Accommodations) sets forth the purpose and intent, the application requirements and procedures, the basis for approval or denial by the Planning Director, and all necessary findings for granting accommodations. Residential Care Facilities Housing Element law specifies that jurisdictions must identify adequate sites to be made available through appropriate zoning and development standards to encourage the development of a variety of types of housing. Pursuant to SB 520 and the City's adopted 2008- 2014 Housing Element Update, a written reasonable accommodation ordinance is required to provide exception in zoning and land use for housing for persons with disabilities by ensuring residential care facilities (serving six or fewer) are permitted no differently than other by -right single - family housing uses. The proposed Ordinance therefore amends Section 17.06.030 to add residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. Decisions Which May Be Appealed to Planning Commission Section 17.03.090 of the City's Development Code currently allows for decisions made by the Planning Director regarding development plans and sign permits to be appealed to the Planning Commission. There are sections in the Code that reference to the appeals section; however, the provision of the appeals section often does not correspond to the reference. For clarification, the Ordinance shall amend Section 17.03.090 (Decisions Which May be Appealed to the Planning Commission) to include actions by the Director of Planning on approval of Conditional Use Permits and extensions of time and any other action by the Director of Planning for which an appeal is authorized by the Code. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian on May 6, 2011. ENVIRONMENTAL DETERMINATION Staff has reviewed the project in accordance with the California Environmental Quality Act (CEQA) and based on an initial study, it has been determined the project will not have a significant impact on the environment; therefore, a Negative Declaration has been prepared for the project. FINDINGS The Planning Commission, in recommending approval of the proposed Municipal Code amendments in Long Range Planning Project No. LR11 -0002, hereby makes the following additional findings as required by Section 17.01.040 ( "Relationship to General Plan ") of the Temecula Municipal Code. 2 The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan. The Ordinance implements the following goals and policies contained in the City's Housing Element: Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single family housing uses; Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. ATTACHMENTS PC Resolution Exhibit A - CC Ordinance Initial Study Notice of Public Hearing 3 PC RESOLUTION NO. 11- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNICL ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE" (LONG RANGE PLANNING PROJECT NO. LR11 -0002) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On June 1, 2011 the Planning Commission identified a need to amend Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning and Land Use Policies, designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts, and authorize the Planning Commission to review appeals of the Planning Director's decisions (Long Range Planning Application No. LR11- 0002). B. The Ordinance was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Ordinance and environmental review on June 1, 2011, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Long Range Planning Project No. LR11 -0002 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending approval of the Ordinance hereby finds, determines and declares that: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan, The Ordinance implements the following goals and policies contained in the City's Housing Element: 1. Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single - family housing uses; 2. Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and 3. Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Ordinance: A. Pursuant to California Environmental Quality Act ( "CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Ordinance, as described in the Initial Study ( "the Project "). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011, and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 41000 Main Street, Temecula, California 92590. C. No written comment(s) were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The Planning Commission has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 1, 2011, public hearing, and based on the whole record before it finds that: (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in the Resolution, the Planning Commission hereby adopts the Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Long Range Planning Project No. LR11 -0002, a proposed Citywide Ordinance as set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 1st day of June 2011. ATTEST: Patrick Richardson, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) Pat Kight, Chairman I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of June 2011, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Patrick Richardson, Secretary ORDINANCE NO. 11- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A PROCEDURE TO REQUEST A REASONABLE ACCOMMODATION FROM THE CITY'S ZONING AND LAND USE POLICIES, DESIGNATING RESIDENTIAL CARE FACILITIES SERVING SIX OR FEWER PERSONS AS A PERMITTED USE IN RESIDENTIAL ZONING DISTRICTS, AUTHORIZING THE PLANNING COMMISSION TO REVIEW APPEALS OF THE PLANNING DIRECTOR'S DECISIONS, AND AMENDING TITLE 17 OF THE TEMECULA MUNICIPAL CODE (LONG RANGE PLANNING PROJECT NO. LR11 -0002) WHEREAS, the State Legislature has declared that the lack of housing, including housing for persons with disabilities, is a critical problem that threatens the economic, environmental, and social quality of life in California; and WHEREAS, Government Code Section 65583 requires that the City's housing element address governmental constraints to the development of housing, including housing for individuals with disabilities, and that the City provide reasonable accommodations for housing for persons with disabilities; and WHEREAS, a procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use and zoning regulations, policies, practices and procedures will further the City's compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities; and WHEREAS, state law requires that residential care facilities serving six or fewer persons be treated as permitted uses in all residential districts to encourage access to housing for disabled persons; and WHEREAS, to conform to state and federal law and to provide disabled persons an equal opportunity to use and enjoy housing, it is necessary to amend Title 17 (Zoning) of the Temecula Municipal Code to establish a reasonable accommodations procedure and designate residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine, and declare that: A. The Planning Commission considered this Ordinance and the Negative Declaration on June 1, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 11- recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance and Negative Declaration on June 28, 2011, at a duly noticed public hearing, as prescribed by law, at which time the City Staff and interested persons had an opportunity to and did testify either in support or opposition to this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 2. Further Findings. The City Council of the City of Temecula in approving the proposed Municipal Code amendment in Planning Application Number LR11 -0002 hereby makes the following additional findings as required by Section 17.01.040 ( "Relationship to General Plan ") of the Temecula Municipal Code: A. The use is allowed in the land use designation in which the use is located, as shown on the land use map, or is described in the text of the General Plan; The proposed Ordinance establishes a procedure to request a reasonable accommodation from the City's zoning and land use policies. The proposed Ordinance also designates residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts. The amendment to Title 17 of the Temecula Municipal Code does not concern a particular land use designation, but it has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and to be internally consistent with the other elements of the Temecula General Plan. B. The proposed use is in conformance with the goals, policies, programs and guidelines of elements of the General Plan; The proposed Ordinance establishing a procedure to request a reasonable accommodation from the City's zoning and land use policies, and designating residential care facilities serving six or fewer persons as a permitted use in all residential zoning districts, has been reviewed by all appropriate departments to ensure it is in conformance with the goals, policies, programs and guidelines of elements of the General Plan, The Ordinance implements the following goals and policies contained in the City's Housing Element: 1. Consistent with Health & Safety Code Sections 1267.8, 1566.3 and 1568, the City will amend the Development Code to treat licensed residential care facilities and group homes serving six or fewer no differently than other by -right single family housing uses; 2. Consistent with SB 520 enacted January 1, 2002, the City annually analyzes and determines constraints on the development, maintenance, and improvement of housing for persons with disabilities; and 3. Amend the Development Code and adopt a formalized reasonable accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. C. The proposed use is to be established and maintained in a manner which is consistent with the General Plan and all applicable provisions contained therein; The Ordinance has been designed to be consistent with State Housing Law, the Temecula Housing Element Update, and with the Temecula General Plan and all applicable provisions contained therein. Section 3. Environmental Findings. The City Council of the City of Temecula hereby makes the following environmental findings and determinations in connection with the approval of the proposed Ordinance: A. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ( " CEQA ")), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City's local CEQA Guidelines, the City Council finds that City staff prepared an Initial Study of the potential environmental effects of this Ordinance amending Title 17 of the City's Municipal Code to establish a reasonable accommodations procedure ( "Project "). Based upon the findings contained in that Initial Study, Staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Negative Declaration was prepared. Thereafter, Staff provided public notice of the public comment period and of the intent to adopt the Negative Declaration as required by law. The public comment period commenced on May 7, 2011 and expired on May 26, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development at City Hall, located at 41000 Main Street, Temecula, California 92590. B. The City Council has reviewed the Negative Declaration and all comments received regarding the Negative Declaration prior to and at the June 28, 2011 public hearing, and based on the whole record before it, finds that (1) the Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Negative Declaration reflects the independent judgment and analysis of the City Council. Based on the findings set forth in this Section, the City Council hereby adopts the Negative Declaration prepared for the Project. Section 4. A new Section 17.03.065 is hereby added to Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "17.03.065 Reasonable Accommodations. A. Purpose and Intent. It is the purpose of this section to provide reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. B. Definitions. The following terms as used in this section shall, unless the context clearly indicates otherwise, have the following meanings: "Applicant" means a person, business, or organization making a written request to the City for reasonable accommodation in the strict application of the City's zoning and land use laws, rules, policies, practices and /or procedures. "Director" means the Director of Planning. "Disabled Person" or "Person with a Disability" means an individual who has a physical or mental impairment that limits one or more of that person's major life activities; anyone who is regarded as having such impairment; or anyone who has a record of having such an impairment. Such an impairment shall not include an individual's current, illegal use of a controlled substance. "Fair Housing Laws" means the "Federal Fair Housing Act" (42 U.S.C. § 3601, et seq.), the Americans with Disabilities Act, and the "California Fair Employment and Housing Act" (California Government Code Section 12900, et seq.), as these statutes now exist or may be amended from time to time, and each Act's implementing regulations. "Reasonable Accommodation" means any deviation requested and /or granted from the strict application of the City's zoning and land use laws, rules, policies, practices and /or procedures. C. Authority of the Planning Director The Planning Director is hereby designated to approve, conditionally approve, or deny, without public hearing, all applications for a reasonable accommodation. D. Procedure for Application Review. 1. Applicant. A request for a reasonable accommodation may be made by any person with a disability, his or her representative, or a developer or provider of housing for individuals with a disability. 2. Application. An application for a reasonable accommodation shall be made on a form provided by the Planning Department. No fee shall be required for a request for reasonable accommodation, but if the project requires another discretionary permit, then the prescribed fee shall be paid for all other discretionary permits. If an individual needs assistance in making the request for reasonable accommodation, the City will provide assistance to ensure that the process is accessible. 3. Other Discretionary Permits. If the project for which the request for reasonable accommodation is made requires another discretionary permit or approval, the applicant may file the request for reasonable accommodation together with the application for the other discretionary permit or approval. The processing procedures of the discretionary permit shall govern the joint processing of both the reasonable accommodation and the discretionary permit. 4. Required Submittals. An application for a reasonable accommodation shall include the following: a) Documentation that the applicant is: (1) a person with a disability; (11) applying on behalf of one or more persons with a disability; or (iii) a developer or provider of housing for one or more persons with a disability. b) The name and address of the individual(s) requesting the reasonable accommodation. c) The name and address of the property owner(s). d) The address of the property for which accommodation is requested. e) A description of the reasonable accommodation requested by the applicant. f) An explanation of how the specific reasonable accommodation requested by the applicant is necessary to provide one or more persons with a disability an equal opportunity to use and enjoy the residence. g ) Where applicable, documentation that the requested accommodation is designed and constructed pursuant to Title 24 of the California Code of Regulations to allow access, circulation and full use of the building and facilities by persons with disabilities. 5 The Planning Director may request additional information from the applicant if the application does not provide sufficient information for the City to make the findings required in Section E. E. Basis for Approval or Denial of a Reasonable Accommodation. 1. Findings. The written decision shall be based on the following findings, all of which are required for approval: a) The requested accommodation is requested by or on behalf of one or more persons with a disability protected under the Fair Housing Laws. b) The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. c) The requested accommodation will not impose an undue financial or administrative burden on the City. d) The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program. e) The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. 2. In determining whether the requested reasonable accommodation is necessary to provide one or more disabled persons an equal opportunity to use and enjoy a dwelling, pursuant to Section (E)(1)(b) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. b) Whether the individual or individuals with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. c) In the case of a residential care facility, whether the requested accommodation is necessary to make facilities of a similar nature or operation economically viable in light of the particularities of the relevant market and market participants. d) In the case of a residential care facility, whether the existing supply of facilities of a similar nature and operation in the community is sufficient to provide individuals with a disability an equal opportunity to live in a residential setting. 3. In determining whether the requested reasonable accommodation would require a fundamental alteration in the nature of the City's zoning program, pursuant to Section (E)(1)(d) above, the City may consider, but is not limited to, the following factors: a) Whether the requested accommodation would fundamentally alter the character of the neighborhood. b) Whether the accommodation would result in a substantial increase in traffic or insufficient parking. c) Whether granting the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable Specific Plan. 4. Rules While Decision is Pending. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. F. Notice of Decision. d) In the case of a residential care facility, whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation. 1. The Planning Director shall issue a written determination to approve, conditionally approve, or deny a request for a reasonable accommodation. The Planning Director may elect to forward the matter to the Planning Commission for consideration of the application. 2. Appeals of the Director's action shall be made in accordance with Section 17.03.090. G. Expiration, Time Extension, Violation, Discontinuance, and Revocation. 1. Expiration. Any reasonable accommodation approved in accordance with the terms of this Section shall expire within twenty -four (24) months from the effective date of the approval, or at an alternative time specified as a condition of the approval, unless: a) A building permit has been issued and construction has commenced; b) A certificate of occupancy has been issued; c) The use is established; or d) A time extension has been granted. 2. Time Extension. a) The Planning Director may, upon an application being filed prior to expiration and for good cause, grant a time extension of up to three one -year extensions of time. Each extension of time shall be granted in one -year increments only. Upon granting of an extension, the planning director shall ensure that conditions of the administrative approval comply with all current development code provisions. b) Notice. Notice of the Planning Director's decision on a time extension shall be provided in writing. All written decisions shall give notice of the right to appeal and to request reasonable accommodation in the appeals process. H. Amendments. c) Appeal of Determination. A time extension for a reasonable accommodation shall be final unless appealed to the City Council within fourteen (14) calendar days of the date of mailing of the determination. An appeal shall be made in writing and shall be noticed and heard pursuant to the procedures established in Section 17.03.090 of this code. 3. Discontinuance. If the disabled persons for whom the reasonable accommodation was originally granted vacate the residence to which the reasonable accommodation applies, the reasonable accommodation shall remain in effect only if the Planning Director determines that (1) the modification is physically integrated into the residential structure and cannot easily be removed or altered to comply with the Municipal Code, or (2) the accommodation is necessary to give another disabled individual an equal opportunity to enjoy the dwelling. The Planning Director may request that the applicant, or his or her successor -in- interest, provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within thirty (30) days of the date of a request by the City shall constitute grounds for discontinuance by the City of a previously approved reasonable accommodation. 4. Revocation. Procedures for revocation shall be as prescribed by Section 17.03.080. Any reasonable accommodation approved in accordance with the terms of this code may be revoked if any of the conditions or terms of such reasonable accommodation are violated, or if any law or ordinance is violated in connection therewith. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that would affect a condition of approval shall be treated as a new application. The Planning Director may waive the requirement for a new application if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval." Section 5. Section 17.03.090(B) (Appeals) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to read as follows: "B. Decisions Which May Be Appealed to Planning Commission. The following actions may be appealed to the Planning Commission: 1. Actions by the Director of Planning on approval of development permits, conditional use permits and extensions of time; 2. Actions by the Director of Planning on the approval of sign permits; 3. Any other action by the Director of Planning for which an appeal is authorized by the Code." Section 6. Table 17.06.030 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended to add "Residential care facilities (six or fewer)" as a permitted use in all residential zoning districts. Section 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and /or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 8. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. Section 9. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 28th day of June, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) Ron Roberts, Mayor I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11- was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 28 day of June, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28 day of June, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk City of Temecula Community Development Planning Division Notice of Proposed Negative Declaration PROJECT: Reasonable Accommodation Ordinance APPLICANT: City of Temecula LOCATION: Citywide, City of Temecula, County of Riverside DESCRIPTION: The project consists of a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request reasonable accommodation from the City's Zoning and Land Use Policies for persons with disabilities to have fair and equal access to housing, and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts consistent with State law. The City of Temecula intends to adopt a Negative Declaration for the project described above. Based upon the information contained in the Initial Environmental Study and pursuant to the requirements of the California Environmental Quality Act (CEQA); it has been determined that this project as proposed, revised or mitigated will not have a significant impact upon the environment. As a result, the Planning Commission intends to adopt a Negative Declaration for this project. The comment period for this proposed Negative Declaration is May 7, 2011 to May 26, 2011. Written comments and responses to this notice should be addressed to the contact person listed below at the following address: City of Temecula, P.O. Box 9033, Temecula, CA 92589 -9033. City Hall is located at 41000 Main Street. The public notice of the intent to adopt this Negative Declaration is provided through: ®The Local Newspaper ❑Posting the Site [Notice to Adjacent Property Owners If you need additional information or have any questions concerning this project, please contact Dana Weaver at (951) 693 -3928. / / �/ Prepared by: ' \.- 4',/, ,L �, -t --L. � 'S o < .. : �,-, rr .,z_ (Signature) (Title) City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Environmental Checklist Project Title Reasonable Accommodations Ordinance Lead Agency Name and Address City of Temecula P.O. Box 9033, Temecula, CA 92589 -9033 Contact Person and Phone Number Dana Schuma, Associate Planner (951) 693 -3928 Project Location Citywide Project Sponsor's Name and Address City of Temecula, 41000 Main Street General Plan Designation N/A Zoning N/A Description of Project A proposed Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance creates a discretionary administrative procedure for reasonable accommodation, which is defined as a waiver or modification to regulations, policies, procedures and standards that may be reasonable and necessary for a person with a disability to have an equal opportunity to use and enjoy a residential use, consistent with state and federal fair housing laws. Surrounding Land Uses and Setting N/A Other public agencies whose approval is required N/A 2 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact' as indicated by the checklist on the following pages. Aesthetics Mineral Resources Agriculture and Forestry Resources Air Quality Noise Population and Housing Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Soils Utilities and Service Systems Hazards and Hazardous Materials Mandatory Findings of Significance Hydrology and Water Quality None Land Use and Planning Determination (To be completed by the lead agency) On the basis of this initial evaluation: X I find that the proposed project COULD NOT NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have be a significant effect in this case because revisions the project proponent. A MITIGATED NEGATIVE have a significant effect on the environment, and a a significant effect on the environment, there will not in the project have been made by or agreed to by DECLARATION will be prepared. a significant effect on the environment, and an I find that the proposed project MAY have ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothin further is re. uired. Signature Dana Weaver, Associate Planner Printed Name 3 Date For City of Temecula. Planning Department 1. AESTHETICS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Have a substantial adverse effect on a scenic vista? b Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? X c Substantially degrade the existing visual character or quality of the site and its surroundings? X d Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? X Comments: 1.a -b. No Impact: The proposed ordinance will not result in a substantially adverse effect on scenic vistas, including views along a scenic highway or scenic corridor. A scenic vista is defined as a public view of highly valued visual and scenic resources, such as distant mountain ranges. The City of Temecula contains several scenic vistas, including the western escarpment and southern ridgelines, the Santa Margarita River, and various hillside slopes. The project would amend the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. A reasonable accommodation cannot fundamentally alter the nature of the land use and the General Plan protects visual resources. A reasonable accommodation is not likely to be located in an area that is substantially visible or that will obstruct views of a scenic vista or scenic highway. No impacts are foreseen; therefore, no mitigation is required. 1.c. Less Than Significant Impact: The proposed ordinance will not substantially degrade the existing visual character or quality of the sites and its surroundings. A reasonable accommodation is not likely to result in substantial impacts that are out of character in comparison to other adjacent residential uses. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. However, as the procedure is not site - specific and does not propose any particular development, any impact would be speculative at this point. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 1.d. No Impact: The proposed ordinance will not create new sources of light or glare that could adversely affect day or nighttime views in the area. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable and lighting issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. No impacts are foreseen; therefore, no mitigation is required. 4 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment Project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X X a Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? Conflict with existing zoning for agricultural use, or a Williamson Act contract? b c Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? . X d Result in the loss of forest land or conversion of forest land to non - forest use X e Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? X Comments: 2.a. No Impact: The proposed ordinance will not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural. According to Figure 5.2 -1 (Agricultural Resources) of the Temecula General Plan Update Final Environmental Impact Report (March 2005), the majority of the Prime Farmland, Unique Farmland, or Farmland of Statewide Importance is located to the east of the City in Wine Country and to the north, within French Valley. The proposed ordinance will not result in development in these areas, and none of these designations will be affected by a future reasonable accommodation or residential care facility serving six or fewer persons. Future requests for reasonable accommodation are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. No impacts are foreseen; therefore, no mitigation is required. 2.b. No Impact: Williamson Act contracts are located throughout the City of Temecula Planning Area and much of the land east of the City is used as vineyards or as citrus and avocado groves. Future requests for reasonable accommodation are subject to City environmental and land use standards and require the appropriate permits and approvals by the City Planning Department. In addition, future requests for 5 reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. No impacts are foreseen; therefore, no mitigation is required. 2.c -d. No Impact: Forest land is defined as land that can support 10 percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation and other public benefits. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. A reasonable accommodation or residential care facility serving six or fewer persons will not affect a Timberland Production Zone as defined by Section 51104(g) of the Government Code. Implementation of the proposed ordinance will not conflict with existing zoning for forest land, timberland or timberland zoned Timberland Production, or result in the loss of forest land. No impacts are foreseen; therefore, no mitigation is required. 2.e. No Impact: Future requests for reasonable accommodation are subject to City environmental and land use standards and require appropriate permits and approvals issued by the City Planning Department. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan protects farmland from conversion to non - agricultural uses. The granting of a reasonable accommodation will not involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non- forest use. In addition, the proposed ordinance only allows residential care facilities serving six or fewer person in residential zoning districts; it will not involved the conversion of agricultural land. No impacts are foreseen; therefore, no mitigation is required. 6 3. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Conflict with or obstruct implementation of the applicable air quality plan? b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? X d Expose sensitive receptors to substantial pollutant concentrations? X e Create objectionable odors affecting a substantial number of people? X Comments: 3.a. Less Than Significant Impact: The proposed ordinance is subject to the standards set forth in the Air Quality Management Plan (AQMP) for the South Coast Air Basin (SCAB). The proposed project is also subject to the requirements of the U.S. Environmental Protection Agency (EPA) and the California Air Resources Board (CARB). Future requests for reasonable accommodation are subject to project -level CEQA review, as well as City environmental and land use standards. A reasonable accommodation cannot fundamentally alter the nature of the and use and zoning code and the General Plan is consistent with goals of the South Coast Air Quality Management Plan. A reasonable accommodation or residential care facility serving six or fewer persons is not likely to conflict with or obstruct the implementation of the applicable air quality plan. Since the administrative procedure established by the proposed ordinance is not site - specific and does not propose any particular development, any impact would be speculative at this point. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.b. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to City environmental and land use standards and require appropriate permits and approvals issued by the City Planning Department. Since all future reasonable accommodation applications resulting from the proposed ordinance will be required to comply with Air Quality standards and thresholds, the project will not result in any significant adverse air quality impact. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan discourages impacts associated with violating air quality standards or contributing significantly to existing or projected air quality violations. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.c. Less Than Significant Impact: In addressing cumulative effects for air quality, the SCAQMD Air Quality Management Plan is the most appropriate document to use because it set forth comprehensive programs that will lead the South Coast Air Basin into compliance with all federal and state air quality standards. It also utilizes control measures and related emission reduction estimates based upon emissions projections for a future development scenario derived from land use, population, and employment characteristics defined in consultation with local governments. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to City environmental and land use standards. Since all reasonable accommodations will be in conformance with the AQMP and the proposed ordinance is not significant on an individual basis, it is appropriate to conclude that the project's incremental contribution to criteria pollutant emissions is not cumulatively considerable. Any future reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and the General Plan discourages impacts associated with increasing air pollutants. Impacts are considered less than significant; therefore, no mitigation measures are required. 3.d. No Impact: Sensitive receptors include the very young, elderly, and persons suffering from illness and are normally associated with locations such as schools, daycare facilities, convalescent care facilities, medical facilities, and residential areas. The proposed amendment to the Zoning Code merely establishes an administrative procedure for requesting a reasonable accommodation and permits residential care facilities serving six or fewer persons in residential zoning districts. It is not site - specific, does not propose any particular development, and will not generate substantial pollutant concentrations. Thus, there is no opportunity for any exposure. The project will not result in any significant impact. No impacts are foreseen; therefore, no mitigation is required. 3.e. No Impact: Implementation of the proposed ordinance will not create objectionable odors. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable and construction odor issues will be addressed during the building plan check and inspection process, prior to the issuance of any building permits for a project. No impacts are foreseen; therefore, no mitigation is required. 8 4. BIOLOGICAL RESOURCES. Would the project? Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? X c Have a substantial adverse effect of federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? X e Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? X f Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? X Comments: 4.a. Less Than Significant Impact: Although there are many areas within the City of Temecula that are relatively natural and undisturbed, the proposed ordinance would not grant reasonable accommodations or residential care facilities serving six or fewer persons in such areas. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as well as City environmental and land use standards, and any future project would require appropriate permits and approvals issued by the City Planning Department. Since the administrative procedure established by the proposed ordinance is not site - specific and does not propose any particular development, any impact would be speculative at this point. A reasonable accommodation or residential care facility serving six or fewer persons is not likely to have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Any impacts would be addressed through project -level CEQA review. Impacts are considered Tess than significant; therefore, no mitigation measures are required. 9 4.b. Less Than Significant Impact: The City of Temecula contains several areas with riparian habitat and /or other sensitive natural communities. Riparian /Riverine areas are lands that contain habitat dominated by trees, shrubs, persistent emergent vegetation, or emergent mosses and lichens, which occur close to, or which depend upon, soil moisture from a nearby fresh water source; or areas with fresh water flow during all or a portion of the year. Implementation of the proposed ordinance will not likely have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service. Future requests for reasonable accommodation are subject to project -level CEQA review, as well as City environmental and land use standards. Neither a reasonable accommodation nor a residential care facility serving six or fewer persons is likely to be located in a major riparian or other sensitive habitat (e.g. coastal sage scrub, oak woodlands, etc.). The accommodations are intended to encourage access to equal housing opportunities and relate primarily to residential zoning districts. Since the administrative procedure established by the proposed ordinance is not site - specific and does not propose any particular development, any impact would be speculative at this point. Any impacts would be addressed through project -level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 4.c. Less Than Significant Impact: To be considered a wetland, a site must contain hydric soils, wetland hydrology, and hydrophytic vegetation. Hydric soils are defined by the national Technical Committee as soils that formed under conditions of saturation, flooding, or ponding long enough during the grow season to develop anaerobic conditions in the upper part of the soil. Wetland hydrology is present when, under normal circumstances, the land surface is either inundated or the upper portion of the soil is saturated at a sufficient frequency and duration to create anaerobic conditions. These conditions are also required in order for hydrophytic vegetation to be present. Implementation of the proposed ordinance will not have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, City environmental and land use standards, and require appropriate permits and approvals issued by the City Planning Department. The future accommodations granted are likely to be modifications to standards or procedures that have no impact on the physical environment. Reasonable accommodation requests are likely to relate to construction or zoning of residential uses to allow for equal opportunity to enjoy housing opportunities. A reasonable accommodation is not likely to be located in a protected wetland. Any impacts would be addressed through project -level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 4.d -f. Less Than Significant Impact: The MSHCP is a comprehensive, multi jurisdictional plan which focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies which emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. A reasonable accommodation or residential care facilities serving six or fewer persons is not likely to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites, conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance, or conflict with the provisions of an adopted Habitat Conservation Plan. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects against alteration of natural and sensitive habitats. Any impacts would be addressed through project -level CEQA review, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 1 0 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? X b Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? X c Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a. -b. Less Than Significant Impact: "Historic Resources" as defined by CEQA Section 15064.5 are prehistoric and historic resources that are assessed as being "significant' insofar as their evidentiary contents can be demonstrated relevant to the established local, regional or national research domains, issues and questions. There are areas that contain known archaeological resources or that contain features, (drainage course, rock outcroppings, or oak trees), which indicate potential archaeological sensitivity within the City of Temecula. The proposed ordinance is not likely to facilitate a project in an area that contains known historical or archaeological resources. The project is a proposed amendment to the Zoning Code to provide a discretionary procedure for requesting reasonable accommodation for residential uses and may result in the granting of a reasonable accommodation to a policy, procedure, or standard in the Zoning Code. In addition, the proposed ordinance allows residential care facilities serving six or fewer persons to be a permitted use in the City's residential zoning districts. The procedure does not propose any particular development. Moreover, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects historical and archaeological resources. Impacts are considered less than significant; therefore, no mitigation measures are required. 5.c. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review, as applicable. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning program and the General Plan protects unique paleontological resources or sites, and unique geologic features. Impacts are considered less than significant; therefore, no mitigation measures are required. 5.d. Less Than Significant Impact: Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. If a future reasonable accommodation was on a site that had the potential to disturb any human remains, including those interred outside of formal cemeteries, the project would be subject to mitigation regarding the handling of the remains. Impacts are considered Tess than significant; therefore, no mitigation measures are required. 11 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. X ii Strong seismic ground shaking? X iii Seismic - related ground failure, including liquefaction? X iv Landslides? X b Result in substantial soil erosion or the loss of topsoil? X c Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? X d Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? X e Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Comments: 6.a.i -iv. Less Than Significant Impact: The proposed ordinance is not expected to result in significant impacts from exposing people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known active fault zone, seismic hazard zone or Alquist- Priolo Earthquake Fault Zone. Although the City of Temecula lies within a general region of known fault zones and seismic activity, the project is a discretionary procedure for requests for reasonable accommodation that may result in a modification to a policy, procedure, or standard in the General Plan and /or Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to the California Building Code (CBC) and may require appropriate approvals from the City's Public Works Department, including preparing a geotechnical report if the accommodation is located in a fault zone. In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation would be addressed through a project -level CEQA review. Therefore, if a reasonable accommodation or residential care facility serving six or fewer persons would be located within area with active or potentially active faults, seismic ground shaking and /or related ground failure including liquefaction, or landslides, the project -level CEQA review would address impacts, and mitigation may be required. Future requests for residential care facilities are likely to be located in existing single family homes and will not be subject to discretionary review. Furthermore, future request are subject to the state law, which prohibits structures for human occupancy within 50 feet of an active fault trace. Nonetheless, the Elsinore fault, an Alquist - Priolo Earthquake Fault Zone, traverses the City of Temecula (2005 City of Temecula General Plan, PS -6). The existence of known fault zones creates the potential for seismic 12 hazards. The degree of seismic ground shaking would depend on the characteristics of the earthquake, including the generating fault, the distance to the epicenter, the magnitude of the earthquake, and the site - specific conditions. Compliance with the CBC includes the incorporation of seismic safety features, such as proper building footings and proper structure, and a registered engineer would review the future request to ensure that all required earthquake safety measures are incorporated in the design of the reasonable accommodation or residential care facility serving six or fewer persons. Such compliance with existing standards would ensure an adequate level of protection from seismic hazards. Impacts are considered Tess than significant; therefore, no mitigation measures are required. 6.b. Less Than Significant Impact: The underlying surficial geology in Temecula is predominantly composed of well- drained fine sandy loams, sandy loams and gravelly silt loams. Soils characterized by low permeability or high run -off are susceptible to erosion (2005 City of Temecula General Plan, PS -10). Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facility serving six or fewer persons would be addressed through a project - level CEQA review. If a future reasonable accommodation or residential care facility serving six or fewer persons would be located on a site susceptible to soil erosion, short-term erosion effects during the construction phase of the project would be prevented through implementation of a Storm Water Pollution Prevention Plan (SWPPP), which is required in accordance with the Countywide National Pollutant Discharge Elimination System (NPDES) General Construction Activity Permit. The SWPPP includes standard construction methods such as sandbags, silt fencing, and temporary detention basins to control on -site and off - site erosion. Impacts are considered less than significant; therefore, no mitigation measures are required. 6.c. Less Than Significant Impact: Subsidence occurs when earth material shrinks due to natural or artificial removal of underlying support. This process occurs in poor, unconsolidated soils and poorly compacted fill areas. The potential for liquefaction in an area is a function of the soil type and depth of groundwater. Poorly consolidated soils combined with groundwater during an earthquake can result in lateral spreading, subsidence, liquefaction or collapse. The potential for subsidence and liquefaction exists along Santa Gertrudis and Temecula Creek (2005 Temecula General Plan, PS- 9 -10). Although there are areas in Temecula that may not be suitable for development, the proposed Ordinance is a discretionary procedure for requests for reasonable accommodation that may result in a modification to a policy, procedure, or standard in the General Plan and /or Zoning Code. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are not expected to be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse. Future reasonable accommodations or residential care facilities serving six or fewer persons are subject to the California Building Code (CBC), which requires safety measures to be undertaken in the design and construction of projects for human occupancy. Impacts are considered less than significant; therefore, no mitigation measures are required. 6.d. No Impact: The proposed Ordinance creates a discretionary procedure and would not result in creating substantial risks to life or property in relation to the location of expansive soils. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, the CBC, and may require appropriate approvals from the City's Public Works Department. Therefore, if a future reasonable accommodation or residential care facility serving six or fewer persons would be located on expansive soil, as defined by in Table 18 -1 -B of the Uniform Building Code, it would be addressed through a project -level CEQA review. Furthermore, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning and the General Plan discourages risks to life and property. Thus, no impacts are foreseen and no mitigation is required. 6.e. No Impact: The proposed Ordinance creates a discretionary procedure that will not result in the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. No impacts are foreseen; therefore, no mitigation is required. 13 7. GREENHOUSE GAS EMISSIONS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? X Comments: 7.a.b. Less than Significant Impact. At this time there are no adopted statewide guidelines for greenhouse gas emission (GHG) impacts, but this is being addressed through the provisions of Senate Bill 97 (SB 97). The project, a proposed Ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not likely result in development that would generate greenhouse gas emissions, either directly or indirectly, or conflict with AB 32 State goals for reducing GHG emissions. It is not anticipated that the project would have a major impact (either positively or negatively) on the global concentration of GHG. GHG impacts are considered to be exclusively cumulative impacts; there are no non - cumulative greenhouse gas emission impacts for a climate change perspective (CAPCOA, 2008). In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. The City of Temecula does not have any plans, policies or regulations adopted for the purpose of reducing the emissions of GHGs. The project is expected to have a less than significant impact with regard to greenhouse gas emissions; therefore, no mitigation measures are required. 14 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? b Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? X d Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? X X e f For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? X X X g h Comments: 8.a. No Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials. The granting of a future reasonable accommodation or residential care facility serving six or fewer persons will not involve routinely transporting, using or disposing hazardous materials. The reasonable accommodations or residential care facilities authorized by this Ordinance will not involve the routine transport or use of hazardous materials or the routine generation of hazardous wastes beyond those normally encountered in a residential setting, typically termed "household hazardous wastes." The City provides a program to accept and dispose of household hazardous wastes. No impacts are foreseen; therefore, no mitigation is required. 15 8.b. No Impact: The proposed Ordinance will not result in reasonably foreseeable accident conditions and will not involve the release of hazardous materials into the environment. No impacts are foreseen; therefore, no mitigation is required. 8.c. No Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would emit hazardous emissions or require the handling of hazardous materials, substances, or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school. The granting of a future reasonable accommodation will involve modifications to City policies and procedures to allow disabled persons to have equal access to housing opportunities. The Ordinance will not involve hazardous emissions or handle hazardous or acutely hazardous materials, substances, or acutely hazardous materials, substances, or waste. No impacts are foreseen; therefore, no mitigation is required. 8.d. Less Than Significant Impact: Government Code Section 65962.5, which became effective July 1, 1987, requires the applicant for any development project to consult specified State - prepared lists of hazardous waste sites and submit a signed statement to the local agency indicating whether the project is located on or near an identified site. Under the statute, no application shall be accepted without this signed statement. The City of Temecula has nine identified hazardous sites and two identified public well sites. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code. The General Plan discourages new development from being located on a site that is included on the list of hazardous materials sites compiled pursuant to Section 65962.5. The granting of a future reasonable accommodation or residential care facilities serving six or fewer persons is not likely to create a significant hazard to the public or the environment by being located on a site with hazardous materials. Impacts are considered less than significant; therefore, no mitigation measures are required. 8.e -f. No Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one - quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). The proposed Ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not result in development that would pose a safety hazard for people residing or working within two miles of a public airport or public use airport. Most reasonable accommodations are likely to be for the construction of alternative access for single family homes and the granting of a future reasonable accommodation will not conflict with the adopted ALUCP. The ALUCP establishes procedural requirements for compatibility between airports and the land uses that surround them. Any impacts from future granting of reasonable accommodation would be addressed through a project -level CEQA review, including ALUCP consistency, as applicable. No impacts are foreseen; therefore, no mitigation is required. 8.g. Less Than Significant Impact: The proposed Ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not likely result in development that would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. The reasonable accommodations authorized by this Ordinance are likely to be for the construction of alternative access for single family homes, thus improving on -site circulation and necessary access for the disabled in emergency situations. Impacts are considered less than significant; therefore, no mitigation measures are required. 8.h. Less Than Significant Impact: Temecula is subject to both natural and urban fires. Areas posing a significant risk to the City are subject to the California Public Resources Code, Sections 4291 -4299, which require property owners to conduct periodic maintenance to reduce the fire danger. The Riverside County Fire 16 Department (RCFD) provides fire protection and prevention services to reduce the potential for dangerous fires. The RCFD conducts fire hazard education and protection programs, and enforces the current Uniform Fire Code used to prevent structural fire (2005 City of Temecula General Plan, PS13 -14). In addition, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. The General Plan discourages new development from being located in high fire hazard area. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code and cannot conflict with the General Plan policy of discouraging development in high fire hazard areas. Therefore, the granting of a future reasonable accommodation is not likely to expose people or structures to a significant risk or loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residents intermixed with wildlands. Impacts are considered less than significant; therefore, no mitigation measures are required. 17 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Violate any water quality standards or waste discharge requirements or otherwise substantially degrade water quality? X b Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing and uses or planned uses for which permits have been granted)? X c Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? X d Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? X e Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f Require the preparation of a project- specific WQMP? X g Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? X i Expose people or structures to a significant risk of Toss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? X j Inundation by seiche, tsunami, or mudflow? X Comments: 9.a. Less Than Significant Impact: Surface water sources are subject to pollutants and sediment carried in run -off. To address the problem of urban run -off, the Clean Water Act was amended in 1987. The proposed ordinance will not likely violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. A future reasonable accommodation or residential care facility serving six or fewer persons will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board and may be required to obtain permits and approvals from the County of Riverside Department of Environmental Health and the City's Public Works Department, as applicable. The General Plan encourages protection of water quality and adequate water supplies for the 18 health and quality of life for Temecula residents, employees, and visitors. Any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.b. No Impact: The local ground water basin is the Murrieta- Temecula Basin. This aquifer is recharged by underflow, surface flow from creeks in the area, and by direct precipitation in the valley. The Rancho California Water District (RCWD) that utilizes both groundwater and imported water supplies to ensure adequate water is available for consumers. Imported water is utilized to ensure that significant overdraft of local ground water supplies does not occur. The proposed ordinance creating a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level. The General Plan discourages impacts associated with depleting groundwater supplies. The proposed ordinance is limited to providing fair and equal access to housing opportunities, and is not related to large developments that might affect water levels. No impacts are foreseen; therefore, no mitigation is required. 9.c -e. Less Than Significant Impact: Temecula requires the use of Best Management Practices (BMPs) to reduce run -off from construction and current land uses, consistent with NPDES permit requirements. The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts would not be expected to substantially alter the existing drainage pattern of a future reasonable accommodation site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site. There are no anticipated negative downstream impacts that would result from the granting of a reasonable accommodation. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and a Water Quality Management Plan (WQMP), as applicable. Therefore, any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review, and WQMP requirements would ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. In addition, existing onsite facilities will control increased storm water runoff in a manner consistent with the General Plan's requirements for flood control. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.f. Less Than Significant Impact: The proposed ordinance will not violate water quality standards or waste discharge requirements or otherwise substantially degrade water quality. Future reasonable accommodations or residential care facilities serving six or fewer persons may be required to prepare a Water Quality Management Plan (WQMP) pursuant to the Municipal Separate Storm -Sewer permit (MS4 permit) issued by the Regional Water Quality Control Board depending on the extend of the proposed accommodation. WQMP requirements ensure any new drainage design that increases surface runoff from the site as a result of increased impervious surface would be reduced to an insignificant level of flow before leaving the project site. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.g. No Impact: The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not place housing within a 100 -year flood hazard area. The proposed ordinance is limited to providing fair and equal access to residential uses, merely authorizes residential care facilities in existing residential districts, and is not related to the expansion of residential housing. No impacts are foreseen; therefore, no mitigation is required. 9.h. Less Than Significant Impact: Although it is possible that a structure could be placed within a 100 -year flood hazard area to accommodate a reasonable request, it is not expected that the proposed 19 ordinance would significantly increase development within a 100 -year flood hazard area that would impede or redirect flows. Future granting of reasonable accommodations or residential care facilities serving six or fewer persons are subject to project -level CEQA. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and the General Plan discourages development in the floodway portion of a 100 -year floodplain. Any impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be addressed through a project -level CEQA review and through appropriate permits, as applicable. Impacts are considered less than significant; therefore, no mitigation measures are required. 9.i j. Less Than Significant Impact: Flood hazards in Temecula are divided into three categories: natural flooding, dam failure, and mud debris flows. Temecula contains several FEMA Special Flood Hazard Areas (SFHAs). These areas have the potential to become flooded when major rainstorms, earthquake, erosion, or improper siting or design cause streams to overflows, dams to fail, or mud and debris to flow from hillsides. The City participates in the National Flood Insurance Program (NFIP), which makes flood insurance available to property owners affected within the 100 -year floodplain. The proposed ordinance for establishing a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not directly or substantially expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam or inundation by seiche, tsunami, or mudflow. The proposed ordinance is limited to providing fair and equal access to residential uses. The Ordinance authorizes accommodations so long as they do not fundamentally alter the nature of the and use or zoning code. Since the General Plan discourages development in the floodway portion of a 100 -year floodplain, impacts are considered Tess than significant. Therefore, no mitigation measures are required. 20 10. LAND USE AND PLANNING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Physically divide an established community? X b Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? • X c Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. Less Than Significant Impact: The proposed ordinance will not result in the physical division of an established community. The proposed ordinance merely creates a procedure by which a person may request a reasonable accommodation to enjoy housing opportunities and permits residential care facilities serving six or fewer persons in residential zoning districts. The ordinance does not alter the circulation element, revise a zoning map, or affect a community's connectivity. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Any possible impacts from future granting of reasonable accommodation or residential care facilities serving six or fewer persons would be speculative at this point and will be addressed through a project -level CEQA review. Since a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and the General Plan contains policies to encourage neighborhood character, the proposed ordinance will not physically divide an established community. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.b. Less Than Significant Impact: The proposed Ordinance was included as a Program of the 2008- 2014 Housing Element Update. Thus, the proposed Ordinance implements the General Plan and Housing Element. Future requests for reasonable accommodation will be considered through a staff level, administrative review process and are subject to project -level CEQA review. Therefore, any impacts from future granting of reasonable accommodation would be speculative at this point and would be addressed through a project -level CEQA review. The Ordinance is not likely to facilitate new development that would alter the nature of the land use and zoning code. The Ordinance does not conflict with any land use plan, policy or agency regulation adopted to avoid or mitigate environmental effects. Instead, the Ordinance implements existing policies. Impacts are considered less than significant; therefore, no mitigation measures are required. 10.c. Less Than Significant Impact: The MSHCP is a comprehensive, multi - jurisdictional plan that focuses on the conservation of 146 species and their associated habitats in Western Riverside County. The Plan's overall goal is to maintain a biological and ecological diversity within the rapidly urbanizing area. The Plan Area encompasses approximately 1.26 million acres and includes the City of Temecula within its boundaries. The City of Temecula has also recently adopted a Heritage Tree Ordinance designed to protect certain species of trees within the City. The City of Temecula General Plan outlines a number of policies that emphasize the interrelationship between the built and natural environment. The General Plan recognizes the importance of conserving important biological habitat and protecting plant and animal species of concern. As a result, the General Plan requires that all significant biological resources be identified on a property when requesting any site modifications. The project is a proposed amendment to the zoning code establishing a procedure for requesting reasonable accommodations from a policy, procedure, or standard in the zoning code and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning 21 districts. The Ordinance authorizes only those reasonable accommodations that do not fundamentally alter the nature of the land use and zoning program. Since the General Plan protects against alteration of natural and sensitive habitats, the Ordinance will not conflict with any applicable habitat plan conservation plan. Impacts are considered less than significant; therefore, no mitigation measures are required. 22 11. MINERAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X b Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? X Comments: 11.a -b. No Impact: According to the General Plan EIR, the City is within Mineral Resource Zone 3a (MRZ -3) as classified by the State Geologist. The MRZ -3 areas contain sedimentary deposits that have the potential to supply sand and gravel for concrete and crushed stone for aggregate. However, these areas are not considered to contain deposits of significant economic value, based on available data. The proposed ordinance would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state because the classified Mineral Resource Zone within the City of Temecula is not considered to contain deposits of significant economic value. Furthermore, the proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies will not result in development that would cause the loss of availability of a locally - important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan. No impacts are foreseen; therefore, no mitigation is required. 23 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact X a Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? X d A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? X e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Comments: 12.a -c. No Impact: Although it is possible that temporary construction noise would be generated during construction of development associated with a reasonable accommodation, reasonable accommodations are generally associated with residential uses. The Ordinance is not expected to result in more intense development that would expose persons to noise levels in excess of standards established in the local general plan, or generate excessive groundborne vibration or groundborne noise levels, or create a substantial permanent increase in ambient noise levels within the project vicinity above levels existing without the project. A reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and must be consistent with the General Plan. Since the General Plan discourages noise impacts above levels existing without the project, the Ordinance will not expose people to noise levels in excess of standards established in the General Plan. No impacts are foreseen; therefore, no mitigation is required. 12.d. Less Than Significant Impact: It is possible that temporary construction noise would be generated during construction of development associated with a reasonable accommodation; however, most future reasonable accommodation requests are likely to be for construction of alternative access for single family residences, which are small scale projects that will not substantially increase temporary or periodic ambient noise levels in the project vicinity above levels existing without the project. Future requests are subject to the project -level CEQA and must adhere to all Building Code restrictions required to reduce temporary construction noise including limited construction hours. Impacts are considered less than significant; therefore, no mitigation is required. 12.e -f. Less Than Significant Impact: French Valley Airport is a general aviation airport owned and operated by the County of Riverside. The airport occupies approximately 261 acres east of Winchester Road and is located five miles north of Temecula's city center and one and one - quarter mile northwest of the City limits within the sphere of influence. In November 2004, the Riverside County Airport Land Use Commission 24 (ALUC) adopted the Riverside County Airport Land Use Compatibility Plan (ALUCP) Policy document (2005 City of Temecula General Plan, LU -5). While it is possible that a future reasonable accommodation project or residential care facilities serving six or fewer persons could be located within two miles of a public airport or public use airport, any excessive noise exposure would be temporary during the construction period. The proposed Ordinance will not likely result in development that would expose people residing or working within two miles of a public airport or public use airport to excessive noise levels beyond what already exists. It merely creates a procedure by which a disable person or his /her representative may request an accommodation from the City's land use policies or procedures so as to have equal access to housing. Any impact of a future reasonable accommodation or residential care facilities serving six or fewer persons would be speculative at this point and will be addressed through a project -level CEQA review, including ALUCP consistency, as applicable. Impacts are considered less than significant; therefore, no mitigation is required. 25 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? X b Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Comments: 13.a. Less Than Significant Impact: The proposed ordinance would not be expected to induce direct or indirect population growth. The Ordinance merely establishes a procedure by which a disabled person or his/her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development, nor extend roads or infrastructure. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and since the General Plan is based on population projections, a reasonable accommodation would not create a significant increase in population growth or exceed population projections. Impacts are considered less than significant; therefore, no mitigation is required. 13.b -c. Less Than Significant Impact: The proposed ordinance would not be expected to displace substantial numbers of existing housing units or a substantial number of people. The Ordinance merely establishes a procedure by which a disabled person or his /her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development. Future requests for reasonable accommodation are subject to project -level CEQA review, as applicable. Therefore, any impacts related to population growth would be addressed through project -level CEQA review and mitigation may be required. However, a reasonable accommodation cannot fundamentally alter the nature of the land use and zoning code, and as the General Plan is based on population projections, a reasonable accommodation would not be a project with these characteristics or create a significant impact. Impacts are considered less than significant; therefore, no mitigation is required. 26 14. PUBLIC SERVICES. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: X Fire protection? X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 1 4.a. Less Than Significant Impact: Fire Protection The Riverside County Fire Department provides fire protection and safety services to the City. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered fire facilities. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Impacts are considered less than significant; therefore, no mitigation is required. Police Protection Law enforcement services are provided to the City through a contractual agreement with the Riverside County Sheriff's Department. The proposed ordinance would not create staffing or response time problems that would result in a substantial need for new or physically altered police facilities. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to population growth would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Impacts are considered less than significant; therefore, no mitigation is required. Schools Public education facilities are provided by the Temecula Valley Unified School District (TVUSD). any demand on the existing school District. The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning dietrietszoninc districts will not likely put an additional demand on school facilities or create capacity 27 problems at individual schools. Most reasonable accommodation requests are likely to be for construction of alternative access for single family residences, such as wheel chair ramps, elevator shafts, etc. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. Payment of the City's Development Impact Fees ensures that any potential impact will be reduced to an insignificant level. Impacts are considered less than significant; therefore, no mitigation is required. Parks The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or place an associated burden on parks in the area. The General Plan encourages adequate facilities and emergency response. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to public services would be addressed through project -level CEQA review and fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. Impacts are considered less than significant; therefore, no mitigation is required. Other public facilities The City of Temecula's Quimby requirements and Development Impact Fees (DIF) are designed to offset the potential impacts to fire, police, park and recreation and public facility maintenance, including roads. The proposed ordinance for a discretionary procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or place an associated burden on governmental facilities, including libraries. To offset any impacts, future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may be required to pay the DIF, as applicable. Impacts are considered less than significant; therefore, no mitigation is required. 28 15. RECREATION. Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? X Comments: 15.a. Less Than Significant Impact: The proposed ordinance creating a procedure to request a reasonable accommodation from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts will not increase population or increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. The General Plan encourages adequate facilities and the proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to recreational facilities. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review, as applicable. Therefore, any impacts related to recreational facilities would be addressed through project -level CEQA review and fee mitigation may be required. The City of Temecula's Quimby requirements are designed to offset the potential impacts to park and recreation and public facility maintenance. Impacts are considered less than significant; therefore, no mitigation is required. 15.b. No Impact: The proposed ordinance creating a procedure to request a reasonable accommodation and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts does not require the construction or expansion of recreational facilities that adversely affect the environment. The proposed ordinance is limited to providing fair and equal access to residential uses, and is not related to the expansion of recreational facilities. No impacts are foreseen; therefore, no mitigation is required. 29 16. TRANSPORTATION /TRAFFIC. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths and mass transit? X b Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? X c Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? X d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e Result in inadequate emergency access? X f Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? X Comments: 16.a. Less Than Significant Impact: The proposed Ordinance does not conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system. The Ordinance merely establishes a procedure by which a disabled person or his /her representative may request a reasonable accommodation from the City's land use policies or procedures in order to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The Ordinance does not propose any new development. The proposed ordinance should not affect transportation or traffic. Impacts are considered less than significant; therefore, no mitigation measures are required. 16.b. Less Than Significant Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure. The Ordinance is not expected to generate a significant number of increased trips, and any increase in trips would be speculative at this point. In addition, the Ordinance authorizes only those accommodations that comply with the General Plan. Thus, these types of projects cannot fundamentally increase trip generation that would conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways because the General Plan discourages poor circulation and projects that exceed the service thresholds outlined in the Congestion Management Plan (CMP). Impacts are considered less than significant; therefore, no mitigation measures are required. 16.c. No Impact: The proposed Ordinance will not result in a change in air traffic patterns, an increase in 30 traffic levels, or a change in the location of facilities that results in substantial safety risks. It is highly unlikely that a reasonable accommodation or residential care facilities serving six or fewer persons authorized pursuant to this Ordinance would produce additional lighting or glare that would cause risk to air traffic patterns. Future reasonable accommodations or residential care facilities serving six or fewer persons are subject to project - level CEQA review, and applicable lighting issues will be addressed during the building plan check and inspection process. No impacts are foreseen; therefore, no mitigation is required. 16.d. Less Than Significant Impact: The proposed Ordinance will not substantially increase hazards due to design features or incompatible uses. All future reasonable accommodation designs will be subject to the CBC and all new access and roadway improvements as part of any future reasonable accommodation will be required to comply with design criteria contained in the Ca'trans Design Manual and other City circulation requirements and standards, including any proposed driveway alterations, access alterations, step and porch alterations, etc. to accommodate a wheel chair ramp or other device necessary for a physical disability. Impacts are considered less than significant; therefore, no mitigation measures are required. 16.e. Less Than Significant Impact: The proposed Ordinance will not result in or be located in areas that have inadequate emergency access that would result in problems for emergency vehicles. In fact, most reasonable accommodations are likely to improve on -site circulation and access for the disabled in emergency situations. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may require appropriate permits from the City Fire, Building and Safety, and Public Works Departments that would ensure the safety of the design and adequate emergency access for the disabled. Impacts are considered less than significant; therefore, no mitigation measures are required. 161 Less Than Significant Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance will not result in development that would conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. Impacts are considered less than significant; therefore, no mitigation measures are required. 31 17. UTILITIES AND SERVICE SYSTEMS. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact X No Impact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X c Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? X f Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? X g Comply with federal, state, and local statutes and regulations related to solid waste? X Comments: 17.a, e. Less Than Significant impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. Thus, the proposed Ordinance will not result in development that would create urban pollutants, including oils and other substances. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and are required to comply with all current soil erosion and pollutant discharge elimination standards in effect at the time of project approval. A future reasonable accommodation or residential care facilities serving six or fewer persons will be required to comply with the requirements of the National Pollutant Discharge Elimination Systems (NPDES) permit from the State Water Quality Resources Control Board. The NPDES permit is required for any discharge of wastes to surface waters, resulting from dewatering during construction, stormwater runoff from construction, and construction sites. The permit includes a list of Best Management Practices (BMPs), which outline measures to be undertaken to guard against accidental contamination of ground waters and surface waters. Impacts are considered less than significant; therefore, no mitigation measures are required. 17.b. No Impact: The Ordinance does not propose any specific development. As such, the proposed Ordinance will not increase population or place an associated burden on wastewater service system capacity. In addition, the Ordinance will not contribute to a cumulative demand impact on the wastewater system. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review and may be subject to payment of sewer connection fees for any potential impacts from on sewage systems. Considering the limited scope of the project, no impacts are foreseen; therefore, no mitigation is required. 32 17.c. No Impact: The proposed Ordinance will not create a significant amount of storm water run -off nor result in an associated burden on existing drainage facilities or the need for expansion of drainage facilities. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review in which the adequacy of the capacity of downstream facilities would be verified. Considering the limited scope of the project, no impacts are foreseen; therefore, no mitigation is required. 17.d. No Impact: Rancho California Water District (RCWD) supplies water service to the area. The proposed Ordinance does not propose any specific development and will not create an additional demand for water supply. A future reasonable accommodation or residential care facilities serving six or fewer persons may create a negligible residential increase in water usage during construction; however, all future projects are subject to project -level CEQA review. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use or zoning code, thus resulting in a significant need for new water entitlements. No impacts are foreseen; therefore, no mitigation is required. 17.f -g. No Impact: The Ordinance does not propose any specific development, but merely establishes an administrative procedure by which a disabled person may request an accommodation from the City's land use policies and procedures so as to access housing and designates residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The proposed Ordinance will not generate demand for solid waste services and does not have the potential to contribute to potentially significant cumulative demand impacts on the solid waste system. Future requests for reasonable accommodation or residential care facilities serving six or fewer persons are subject to project -level CEQA review; therefore impacts will be reviewed on a case -by -case basis. In addition, a reasonable accommodation cannot fundamentally alter the nature of the land use or zoning code, thus resulting in activities that will significantly impact solid waste services or facilities. No impacts are foreseen at this time; therefore, no mitigation is required. 33 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant .or animal or eliminate important examples of the major periods of California history or prehistory? X b Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? X c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? X Comments: 18.a -c. Less Than Significant Impact: The project is a proposed ordinance establishing a discretionary procedure for requests for reasonable accommodations from the City's Zoning Code and Land Use Policies and designating residential care facilities serving six or fewer persons as a permitted use in residential zoning districts. The ordinance is not likely to facilitate new development. The proposed amendment to the zoning code complies with state and federal housing Fair Housing laws. Future requests for a reasonable accommodation will be considered through a staff - level, administrative review process and will be subject to CEQA. Based on the City's research, the accommodations granted are likely to be modifications to standards or procedures for small projects that have negligible impacts on the physical environment. Most reasonable accommodation requests are likely to be for the construction of alternative access for residences, such as wheel chair ramps, elevator shafts, etc. Under the proposed Ordinance, and as required by state law, residential care facilities serving six or fewer persons will be treated like a single- family home for zoning purposes. These facilities are not expected to have impacts in excess of other single - family homes and therefore, allowing these small residential care facilities in residential zoning districts will not have any impacts on the physical environment. The proposed ordinance sets forth policies that ensure that the existing policies and standards of the General Plan and Zoning Code that minimize risks to life and property are not altered in order to grant a reasonable accommodation. A request for a reasonable accommodation will be approved based on the necessity for a person with a disability to have fair and equal access to housing. The request cannot result in a fundamental alteration to the land use and zoning code, and cannot create an undue financial or administrative burden on the City. There are existing measures in place that limit any potential impacts. Therefore, the project is not expected to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Given the limited scope of the ordinance and the findings required to grant a reasonable accommodation, the project is not expected to have impacts that are individually limited, but cumulatively considerable. Nor would the project have environmental 34 effects that will cause substantial adverse effects on human beings, either directly or indirectly. Impacts are considered less than significant; therefore, no mitigation measures are required. 35 19. EARLIER ANALYSES. Earlier analyses may be used where, pursuant to the tiering program EIR, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case a discussion should identify the following on attached sheets. a Earlier analyses used. Identify earlier analyses and state where they are available for review. b Impacts adequately addressed. Identify which affects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c Mitigation measures. For effects that are "Less than Significant with Mitigation Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. SOURCES The impacts associated with the implementation of the City of Temecula General Plan were previously identified and discussed in a Final Environmental Impact Report certified in 1993, and again in a Final Environmental Impact Report for the comprehensive update of the General Plan, which was certified in 2005. The Environmental Impact Report for the City of Temecula General Plan also identified specific general plan level mitigation measures and adopted a statement of overriding consideration for agricultural resources, air quality, biologic resources, education, library, noise, transportation and circulation. 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report (1993) 3. City of Temecula General Plan Final Environmental Impact Report (2005) 4. South Coast Air Quality Management District CEQA Air Quality Handbook 5. Multiple Species Habitat Conservation Plan (2003) 36 Case No: 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: L R 11 -0002 City of Temecula Recommend that the City Council adopt a Citywide Ordinance amending Title 17 of the Temecula Municipal Code to establish a procedure to request reasonable accommodation from the City's Zoning and Land Use Policies for persons with disabilities to have fair and equal access to housing, and designate residential care facilities serving six or fewer persons as a permitted use in residential zoning districts consistent with State law. In accordance with the California Environmental Quality Act (CEQA), the proposed project will not have a significant impact upon the environment based upon a completed Environmental Study. As a result, a Negative Declaration will be adopted in compliance with CEQA. Dana Weaver, (951) 693 -3928 City of Temecula, Council Chambers June 1, 2011 6:00 p.m. Any person may submit written comments to the Planning Commission before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of the hearing. Any petition for judicial review of a decision of the Planning Commission 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, 41000 Main Street, Monday through Friday from 8:00 a.m. to 5:00 p.m. Questions concerning the project may be addressed to the case planner. ITEMS 5 -10 DATE OF MEETING: PREPARED BY: PROJECT SUMMARY: RECOMMENDATION: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION June 1, 2011 Matthew D. Peters, AICP, Case Planner Planning Application Numbers: PA11 -0115, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -22) in the City of Temecula right -of -way on the north side of Rancho California Road, approximately 655' west of Margarita Road. PA11 -0116, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -23) in the City of Temecula right -of -way on the south side of South General Kearny Road, approximately 555' east of La Serena Way. PA11 -0117, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -24) in the City of Temecula right -of -way on the west side of Crown Hill Road, approximately 200' south of the centerline of Old Kent Road. PA11 -0120, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -31) in the City of Temecula right -of -way on the northwest side of General Kearney Road, approximately 1,250 feet south of Nicolas Road. PA11 -0122, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -33) in the City of Temecula right -of -way on the east side of Margarita Road, adjacent to Winchester Creek Park. PA11 -0123, a Conditional Use Permit for NewPath /Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM -36) in the City of Temecula right -of -way on the north side of Winchester Road, approximately 460' southwest of the centerline of Margarita Road. Approve with Conditions CEQA: Notice of Determination (Section 15162, Subsequent EIRs and Negative Declarations) 1 BACKGROUND SUMMARY Staff has worked with the applicant to ensure that all concerns have been addressed, and the applicant concurs with the recommended Conditions of Approval. NewPath Networks c/o Crown Castle is a wireless infrastructure company that designs, develops and operates fiber -fed wireless distributed antenna systems (referred to herein as "DAS ") to provide wireless telecommunication services. The proposed DAS network is a low profile system capable of delivering wireless telecommunications service to customers of multiple carriers such as AT &T, Verizon, Sprint, and MetroPCS. The proposed network initially will supply the infrastructure for NewPath's anchor tenant, MetroPCS. The network utilizes a series of small, low -power antennas called, "nodes," which receive an optical signal from a central hub and distribute the signal in the form of Radio Frequency (RF) transmissions. For this Project, three other nodes are located outside the City boundary (one in the County of Riverside and two in the City of Murrieta). Of the 39 nodes located in the City of Temecula right -of -way, 33 will be designed as new street lights and the remaining 6 will be attached to existing utility poles. Each node consists either of antenna arrays constructed within or on a slim -line monopole designed to match existing street lights throughout the City right -of -way, or antenna arrays fixed to existing utility poles owned by the Joint Pole Committee ( "JPC "). Each facility generally features a 53.74 -inch Kathrein Tri- sector antenna within a flush- mounted housing (for new poles) or three Kathrein antennas mounted to existing JPC utility poles. Either configuration also will feature one or more Flex Wave Prisms or similar "fiber repeaters" mounted to either the new street light or the existing JPC utility pole. The fiber repeater converts digitalized spectrum received from the hub into RF signals emitted from the antenna array. The Project involves the installation of both aerial fiber -optic cable on existing wood utility poles and newly installed street lights, and underground fiber -optic cable installed within newly installed and existing poly vinyl chloride (PVC) conduit in previously disturbed rights -of -way. The newly installed fiber -optic cable would connect 39 distributed antenna system nodes and ancillary optical conversion and power equipment also attached to the same utility poles within the City of Temecula publicly owned right -of way. The entire network will be connected to a newly installed fiber -optic base station hub. Construction of the proposed DAS Project will consist specifically of the following: • Installation by NewPath of 33 new slim -line monopoles designed as street lights; • Installation of 39 DAS nodes each containing either: one (1) tri- sector pipe antenna, three (3) antennae inside radomes, or between three (3) and six (6) panel antennas installed on the utility pole; • Installation of fiber -optic equipment (i.e. optical conversion equipment, signal regeneration equipment, switching equipment, etc.) mounted on existing wood and newly - installed street lights; • Installation of four -inch Poly Vinyl Chloride (PVC) conduit; • Aerial installation of fiber -optic cable onto existing or new wood and street lights; • Underground installation of fiber -optic cable into existing and newly installed conduit; 2 • Underground connection of network to one (1) hub facility to be installed inside an existing public storage facility located at 43920 Butterfield Stage Rd.; • Installation of pull boxes and hand holes; and • Splicing of fiber -optic cable into facilities. The location of the proposed Project is illustrated on the attached Crown Castle DAS Master Plan. Engineering drawings for a new street light and co- location on an existing utility are also attached. Construction is expected to last approximately 120 days and will consist of two (2) aerial crews and two (2) underground crews working simultaneously to complete construction of the proposed Project. ANALYSIS Given the large size of the overall project, City staff has worked with NewPath /Crown Castle to break the project down into manageable batches of approximately four to seven Planning Applications for each hearing. This first batch was approved on March 16, 2011 and included the following seven nodes: TM -01; TM -02; TM -03; TM -05; TM -17; TM -39; and TM -41. Each node in the first batch was designed as a concrete street light pole with cobra light arm attachment to match existing street lights in the City right -of -way. The second batch was approved on May 4, 2011 and included the following five nodes: TM -15, TM -21, TM -27, TM -30, and TM -42. Nodes TM -15, TM -27 and TM -30 will include three antennas attached to existing wood utility poles, while the remaining two nodes will be designed as concrete street light poles similar to those approved in batch 1. The third batch was approved on May 18, 2011 and included the following three nodes: TM -9, TM -11, and TM -14. Node TM -18 was continued for redesign due to neighborhood concerns. Of these nodes, three are designed as concrete street light poles similar to those previously approved, and one (TM -14) will be attached to an existing wood utility pole. The fourth batch includes the following six nodes: TM -22, TM -23, TM -24, TM -31, TM -33, and TM -36. Each node in the third batch is designed as a concrete street light pole with cobra light arm attachment to match existing street lights in the City right -of -way. The street lights will have the same finish and light arm attachment as a standard Southern California Edison street light. The only minor differences between the poles besides the antenna rays will be a slightly larger outside diameter (eight inches for standard SCE light pole versus ten inches for NewPath /Crown Castle), and a taller overall height (32 feet versus approximately 40 -feet high). It should be noted that the top of the luminaire or light fixture will be 32 feet for consistency along the street right -of -way. 3 LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the Californian May 19, 2011 and mailed to the property owners within the required 600 -foot radius. ENVIRONMENTAL DETERMINATION The proposed project has been determined to be consistent with the previously approved Mitigated Negative Declaration adopted on March 16, 2011 and is exempt from further environmental review (CEQA Section 15162 Subsequent EIR's and Negative Declarations). FINDINGS Conditional Use Permit, Development Code Section 17.04.10.E. 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 use is consistent with all requirements stated in the Telecommunications Facility and Antenna Ordinance of the Temecula Development Code. In addition, the project is in conformance with all the requirements of the General Plan and with all applicable requirements of State law and other Ordinances of the City. 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 uses, buildings or structures. The antennas have been located and designed to fit on an existing utility pole or match existing street lights already located in the City right -of -way. The project is designed to have negligible impact on surrounding uses. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. Based on the requirements stated in the Antenna Ordinance (Chapter 17.40), as well as the applicable sections of the Development Code, the site for the conditional use is adequate to accommodate required yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other features described in the Development Code. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The wireless antennas will be located in the City right -of way and the project has been reviewed and conditioned by Building and Safety, Fire Prevention, and the Police Department to ensure the conditional use is not detrimental to the health, safety and general welfare of the community, and the proposed project is consistent with the requirements outlined in the Development Code, and Building and Fire Codes, which contain provisions to protect the health, safety, and general welfare of the community. 4 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 conditionally approve the use is based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS NewPath /Crown Castle DAS Master Plan Map Aerial and Vicinity Maps (PA11 -0115, 0116, 0117, 0120, 0122, and 0123) Plan Reductions (PA11 -0115, 0116, 0117, 0120, 0122, and 0123) Resolution (PA11 -0115) Exhibit A - Draft Conditions of Approval Resolution (PA11 -0116) Exhibit A - Draft Conditions of Approval Resolution (PA11 -0117) Exhibit A - Draft Conditions of Approval Resolution (PA11 -0120) Exhibit A - Draft Conditions of Approval Resolution (PA11 -0122) Exhibit A - Draft Conditions of Approval Resolution (PA11 -0123) Exhibit A - Draft Conditions of Approval Initial Study - Mitigated Negative Declaration Mitigation Monitoring Program Public Correspondence Notices of Public Hearing (PA11 -0115, 0116, 0117, 0120, 0122, and 0123) 5 (ID NORTH CITY OF TEMECULA TY » CI;C)W,W N (,A';TLE LDS MASTER PLAN MCROW v f: IV: 4SIr)1_ CUIIMV tae v '• TE LEGEND CABLE PLACEMENT (Awox. rooiap.) Mel w[ nAa1101T 1411111.11•1 MOH 1011i. NOP& nAe —- 0 NODE L©< rio$S TI O City of Temecula - _I immr PA11 -0115 0 250 Aerial - March 2010 500 Feet This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. • 1,10/ • 1111 111 R E D RIVER CIR i IIiiI a LONG VALLEY DR PA 11-0115 RA NCi CAUFH Iq RD � © 250 500 Feet City of Temecula 0 Aerial - March 2010 250 500 Feet PA11 -0116 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. City of Temecula 0 Aerial - March 2010 250 500 Feet PA11 -0117 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessors Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. City of Temecula 0 250 Aerial - March 2010 500 Feet PA11.0120 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. 0 250 500 Feet City of Temecula 0 250 Aerial - March 2010 500 Feet PA11.0122 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queued for the most current information. This map is not for reprint or resale. City of Temecula 250 Aerial - March 2010 500 Feet PA11 -0123 This map was made by the City of Temecula Geographic Information System. The map is derived from base data produced by the Riverside County Assessor's Department and the Transportation and Land Management Agency of Riverside County. The City of Temecula assumes no warranty or legal responsibility for the information contained on this map. Data and information represented on this map are subject to update and modification. The Geographic Information System and other sources should be queried for the most current information. This map is not for reprint or resale. PA11 -0123 V\ Q Q'- P�� fop` o �O��/ 0 250 500 Feet Oa 0.9x0 maws or ovens ITT µ• v'. •. N,vw+ oat ..e.op9 ma sot wc. *93� SCSI W11 SUS a 40M[ NO UYN.q Kea NO WW1 w90c f(0 (WSW NI 90 way Wont d $ 4) 29 . w 11. Imo: Ia r 10013.. 11 1 O. M1 C 4 •11' 1. Sr 1 11 a .440 *407.4 1 Woo 111 9414)9211.! TAAme Act 1. 1 • 2)13 4t 4' Y(I(R/ 1404001 91 ♦ 3 f4•• »• MO LW VW DATA TABLE 4=01..490 Km= was .94 a - alum 19!43 a. 000 CO woe 4N4.0 b W' 0a1 te MOM. 10 14N3 I0001.14 Or SWIM ./A 4940 7000444* 44t143 NOS u o COOS 4422. C804.a VA MPS WO wS/0•0610 020 94 wale 9914 Or OS WM 919!0 NS ISA IDS IS Nu 11A 4933 YAM NC. IV% 310 wan= WA rum 4* ■ 1.40 NA oca1.47 90149 7 4 4 MT Co W45014)06 COSSI 147..011134 V w • NEON .00 ./ 90.79. 100913194 ,.. M W/m( "C101 NODS m.o. 0Wor • MISS WSW Wei SHEET INDEX ft0 a 01 T1 IIU SO T2 1t .o1*Ne80WAf T3 1u.nm94 vcmw4a P1 SAE Sons Al 9CnA A2 Elman9a A3 moms *. .Or OA .• `` 1 s' 1 t • IR\ CROWN TM -22 NEW CONCRETE STREET LIGHT POLE NORTH SIDE OF RANCHO CALIFORNIA RD. 655' WEST OF MARGARITA RD. TEMECULA, CA 92592 APPLICANT War c s0. 2713 wi 11139 22.+001. S.E. raStITC + 044027 a cwnn 4(0 0 s1 .oviN9r n Mm x493 SAME, M MiOV (p3) 7272244 100 • (09) no -ern Loper SO 1 SSC (SS) Sri -1x03 press SO. (Ox) 310-0 VW a 026 794140 ro ...rmx 7,040 0001) 114-401 e,<. X11 «any „a._ ( J URISDICT ION 71200 M. 8 79042 941 OR 9033 4304 /so . ° -4 - 1 ENGINEERING FIRM/SURVEYING CODE COMPLIANCE: 1: 33, 0434 W 0110110. 039 WIWI CST,/ .0075 *90075 iwx. 1.•••-0412 fAl 307 -192-317 COORDINATES se MSS.. O -n /ASS \ CROWN CASTLE CONTACTS ALL 009.. WI1AS.1 BSI BE POSS. 1.40 NSOSO. /00, I,y Sf00,1 DSOSCf rel.a..s COS3 L. aSoLO e, .),A0 M S 001.013, •223 .9n1f01 0 0.00.00-W • 1008 13131 110111(25900. • (MAC OCR r KU f I • 17 VICINITY MAP PROJECT DESCRIPTION TM-22 fONCF1T( 421144 22[70 NAT (CI P303/ [I 420 SCA -007 CA1E 1 / 1* /1 1 /IJ /11 23 SCRIP120`2 D R5P lD FINAL 5P SAID roa CURRENT 15501. lE • 034 I1I 410 :\S\ Maximize Comm. i2r Group, Inc. 1551 PONONA ROAD SWIG '00 COR04SSI1 CA 97957 OCC: (909) 786 -7170 FAX' (909) 992 3333 -- • C 1 1 1.• I 1 7 622 0/4363360 5101343 WATTLE. 9.,moc ▪ er coin [ TT TM -22 T RAIIE k ADDRESS: NETWORK NODE 22 19 91 7 400 0104E FS m 0 Mane TEMECULA CA 92592 (.3211T1 (ITLF: Sae Er 010E1*U 6 CAKE 401 *E 1001 001 0 / 40 • .v 10 v 4�1uavla 51'•0• 1 •/Y ®100 110 11141010 14 1mn 11.•• 0 l/0 {11 010 IaM04? y0• 1 Ip• �.w1ar•.•rr.aao_.«...ar .t• rww 0040 M100M .1114100 •eN. 000004 0400 m 01ca9.61 11011 000 106 100.110 - 04040 - _ _ _ N0000141400 00 �_ -_- 0 0c•I 044 -. -- **00000!(01 - 0- 01074011004! 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