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HomeMy WebLinkAbout071515 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]. TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 15, 2015 — 6:00 PM CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Commissioner Guerriero Guerriero, Harter, Telesio and Turley-Trejo Next in Order: Resolution: 15-17 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. CONSENT CALENDAR 1 Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of July 1, 2015 1 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. 2 Planning Application No. PA15-0689, a Conditional Use Permit for TM -18m1, a Crown Castle DAS Node in City right-of-way on the south side of Agena Street approximately 200' west of Southern Cross Road, Matt Peters RECOMMENDATION: 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0689, A CONDITIONAL USE PERMIT FOR 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 -18M1) IN THE CITY OF TEMECULA ON THE SOUTH SIDE OF AGENA STREET APPROXIMATELY 200' WEST OF SOUTHERN CROSS ROAD 3 Planning Application No. PA15-0721, a Minor Modification to update the Statement of Operations for a previously approved Conditional Use Permit to include live entertainment, karaoke, comedy shows, and special events at 27464 Jefferson Avenue, Scott Cooper RECOMMENDATION: 3.1 Adopt a resolution entitled: PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0721, A MINOR MODIFICATION TO UPDATE THE STATEMENT OF OPERATIONS FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, LOCATED AT 27464 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN910-310-010) 2 4 Planning Application No. PA15-0402, a Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General - Restrictive Service) located at 27416 Jefferson Avenue, Scott Cooper RECOMMENDATION: 4.1 Adopt a resolution entitled: PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0402, A CONDITIONAL USE PERMIT FOR FAIRFIELD INN & SUITES TO ALLOW FOR A TYPE 20 ABC LICENSE (OFF SALE BEER & WINE) AND TYPE 70 ABC LICENSE (ON SALE GENERAL - RESTRICTIVE SERVICE) LOCATED AT 27416 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-310-011) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, August 19, 2015, 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 public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 PM the Friday before the Planning Commission meeting. At that time, the agenda packet may also be accessed on the City's website — www.cityoftemecula.org — and will be available for public viewing at the respective meeting. Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the Commission regarding any item on the agenda, after the posting of the agenda, will be available for public viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula, 8:00 AM — 5:00 PM). In addition, such material may be accessed on the City's website — www.cityoftemecula.orq — and will be available for public viewing at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the Planning Department at the Temecula Civic Center, (951) 694-6400. 3 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II]. ACTION MINUTES TEMECULA PLANNING COMMISSION REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA JULY 1, 2015 — 6:00 PM CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS Interim Chairperson Turley-Trejo Guerriero, Harter, Telesio and Turley-Trejo Next in Order: Resolution: 15-15 A total of 15 minutes is provided so members of the public may address the Commission on items that are not listed on the Agenda. Speakers are limited to three minutes each. If you desire to speak to the Commission about an item not on the Agenda, a salmon colored "Request to Speak" form should be filled out and filed with the Commission Secretary. When you are called to speak, please come forward and state your name for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three-minute time limit for individual speakers. NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action.. 1 CONSENT CALENDAR 1. Minutes RECOMMENDATION: 1.1 Approve the Action Minutes of June 17, 2015 APPROVED 4-0-0; MOTION COMMISSIONER HARTER, SECOND BY COMMISSIONER TELESIO; AYES VOTES FROM COMMISSIONERS GUERRIERO, HARTER, TELESIO AND TU RLEY-TREJO 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. 2. Planning Application No. PA15-0172, A Development Plan and PA15-0173, a Conditional Use Permit to allow an assisted living and memory care facility located on the north side of Nicolas Road, approximately 950 feet east of Winchester Road, Scott Cooper APPROVED 4-0-0; MOTION COMMISSIONER GUERRIERO, SECOND BY COMMISSIONER TELESIO; AYES VOTES FROM COMMISSIONERS GUERRIERO, HARTER, TELESIO AND TURLEY-TREJO 2.1 Adopt a resolution entitled: PC RESOLUTION NO. 15-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0173, A CONDITIONAL USE PERMIT TO CONSTRUCT TO A 86,465 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY GENERALLY LOCATED ON THE NORTH SIDE OF NICOLAS ROAD, APPROXIMATELY 950 FEET EAST OF WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN'S 920-100-017, 920-100-018, AND 920-100-019) 2.2 Adopt a resolution entitled: PC RESOLUTION NO. 15-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0172, A 2 DEVELOPMENT PLAN TO CONSTRUCT A 86,465 SQUARE FOOT ASSISTED LIVING AND MEMORY CARE FACILITY GENERALLY LOCATED ON THE NORTH SIDE OF NICOLAS ROAD, APPROXIMATELY 950 FEET EAST OF WINCHESTER ROAD, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN'S 920-100-017, 920-100-018, AND 920-100-019) REPORTS FROM COMMISSIONERS REPORTS FROM COMMISSION SUBCOMMITTEE(S) DIRECTOR OF COMMUNITY DEVELOPMENT REPORT DIRECTOR OF PUBLIC WORKS REPORT ADJOURNMENT Next regular meeting: Planning Commission, Wednesday, July 15, 2015, 6:00 p.m., City Council Chambers, 41000 Main Street, Temecula, California. Lanae Turley-Trejo Interim Chairperson 3 Luke Watson Interim Director of Community Development DATE OF MEETING: TO: FROM: PREPARED BY: APPLICANT NAME: PROJECT SUM MARY: CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 2015 Planning Commission Chairperson and members of the Planning Commission Luke Watson, Interim Director of Community Development Matt Peters, AICP, Case Planner Lena Hoffmeyer, Aspectus Inc. on behalf of Crown Castle Planning Application Number PA15-0689, a Conditional Use Permit for 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 -18m1) in the City of Temecula on the south side of Agena Street approximately 200' west of Southern Cross Road Notice of Determination Section 15162, Subsequent EI Rs and Negative Declarations RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval BACKGROUND SUMMARY 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 Crown Castle'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 were located outside the City boundary (one in the County of Riverside and two in the City of Murrieta). Of the 39 nodes proposed to be located in the City of Temecula right-of-way, 37 have already been constructed, and are operational. Only two nodes remain; TM -18m1 and TM -08m1. DAS Node TM -08m1 is under review. 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. Both configurations 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 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\02426BA9-EBE2-4A6A-A431-DB103D64C17B\10196.doc 1 received from the hub into RF signals emitted from the antenna array. Where the new node is proposed for an existing JPC pole, the facility also features a ground mounted meter pedestal. 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 previously installed fiber-optic base station hub. Construction of the proposed DAS Project will consist specifically of the following: • Installation of 39 DAS nodes designed as streetlights, of which 37 have already been constructed, 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; • Underground connection of network to one (1) hub facility installed inside an existing public storage facility located at 43920 Butterfield Stage Road; • 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 included with the Initial Study, and each location is further described on a corresponding spreadsheet, attached to this report. Engineering drawings for a new street light and co -location on an existing utility are also attached. Construction of the previous 37 nodes lasted approximately 120 days, in various phases, and consisted of two (2) aerial crews and two (2) underground crews working simultaneously to complete construction of the proposed Project. 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 Given the large size of the overall Project, City staff worked with Crown Castle to break the Project down into manageable batches of approximately five to ten Planning Applications for each hearing. The first batch was was approved on March 16, 2011. Subsequent batches were approved during 2011 and 2012. Of the 39 nodes that were proposed to be located in the City of Temecula right-of-way, 37 have already been constructed, and are operational. Only two nodes remain; TM -18m1 and TM -08m1. DAS Node TM -08m1 is under review. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\02426BA9-EBE2-4A6A-A431-DB103D64C17B\10196.doc 2 Node TM -18m1 will have the same finish and light arm attachment as a standard Southern California Edison street light. Other than the antenna arrays, the only minor differences between the poles 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. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on July 2, 2015 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 approved March 16, 2011 and is exempt from further environmental review (CEQA Section 15162 Subsequent EI Rs 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. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\02426BA9-EBE2-4A6A-A431-DB103D64C17B\10196.doc 3 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. That the decision to approve, conditionally approve, or Use Permit be based on substantial evidence in view Planning Commission or City Council on appeal. The decision to conditionally approve the use is based record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Plan Reductions PC Resolution Exhibit A - Draft Conditions of Approval Initial Study — Mitigated Negative Declaration Mitigation Monitoring Plan Notice of Public Hearing deny the application for a Conditional of the record as a whole before the on substantial evidence in view of the C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\02426BA9-EBE2-4A6A-A431-DB103D64C17B\10196.doc 4 VICINITY MAP MERSEY. B C 1 RED Fat R 2 LONG 1.0.1- l --pag 0111\111k - oto 0 cpyo CASA CHATOUCO SPICE 1 RINcH0 vfcsrA 1.A. PRIMAVERA PAUBA ©1994 Thomas Bros. Maps VICINITY MAP Project Site: 42498 Agena Street - "TM -18m1" L.A. MAPPING SERVICE 71 DEER CREEK ROAD POMONA, CA 91766 (909) 595-0903 PLAN REDUCTIONS Z 17-. 0u 00< Proposed Site TM -18m1 If z 0 z H J 0- Z W U WCQ E z o ,s" gwww jou_ 0 w •71- N I - _I W W SHEET INDEX J PROJECT SUMMARY O� z /tS 12,4'� X11 r_�•: ` Rz rn 0 z MENT CONTROL NOTES: EROSION AND SE >o ROW GROUND CONSTRUCTION NOTES: ig gip 4.40 ttz iff <3 gars L ps y ZEE£ 540 Qapgs EgEig 3a�lioa =a�yi k fr.2 ft p.1 Emi - a .�z CI STORMDRAIN. INLET PROTECTION z F ifi it ffi 2 it Kt Liz 9 ABBREVIATIONS '111111111K 1 '111111111K 0 L 0 r�� Y 11 ==r=::=za {{{{{{{\\! . &$ (4 } :/!: :} -!(:t.\/EKZrf[ J TES & DETAIL MAKE READY ITNIVRF SITUL POI F NEW CONSTRUCTION t A i i ,... § f F ; Z g g -.,7 - - . 6 ti § iR B g g 4 I . m ' # i; .1 ri ...,, ,,,,,, --t 5 .7., i NOTES: Pt t '7.• .•-,' =.' ,'. ,... E ANTENNA DETAILS 1 F 1 3' O'CLOCK VIEW 1 1 ucur ARM DETAIL Alt t WRIT ARM Al .41 - AttlthltA 4.. HilION x- i:: •-: :1_ a g 4,1 E \ g. •A- -'.• '' .,., t ; ei ' =._.--- i'] .. :4#4 g - -. e=,.....,, ,,,-, .' ,1'2 ii-,;•-• 1 1‘ if _ ,,,, -4.. . ... • • , 1 L.I e.. t 2 _ ca L1�--�- ' b_MMUin1117 PC RESOLUTION PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0689, A CONDITIONAL USE PERMIT FOR 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 -18M1) IN THE CITY OF TEMECULA ON THE SOUTH SIDE OF AGENA STREET APPROXIMATELY 200' WEST OF SOUTHERN CROSS ROAD Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 30, 2015 Aspectus, Inc. filed Planning Application No. PA15- 0689, a Conditional Use Permit Application in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2015, 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. PA15-0689 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, Development Code Section 17.04.10.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 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. 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 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. C. The site for the proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or 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. D. 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. 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 conditionally approve the use 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, PA15-0689: a Conditional Use Permit to locate antennas on a new concrete street light pole as part of its wireless distributed antenna system (DAS) in the City of Temecula right of way. A. Pursuant to the California Environmental Quality Act ("CEQA"), the Planning Commission has considered the proposed Conditional Use Permit Application. The Planning commission has also reviewed and considered the previously approved Mitigated Negative Declaration adopted by the City of Temecula Planning Commission on March 16, 2011, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission finds that the proposed Conditional Use Permit Application does not require the preparation of a subsequent Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also finds that the proposed Conditional Use Permit Application does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the Conditional Use Permit Application will have one or more significant effects not previously discussed in the previously adopted Mitigated Negative Declaration. All potential environmental impacts associated with the proposed Conditional Use Permit Application are adequately addressed by the prior Mitigated Negative Declaration, and the mitigation measures contained therein will reduce those impacts to a level that is less than significant. No additional environmental documentation is required. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-0689, a Conditional Use Permit to locate antennas on a new concrete street light pole as part of its wireless distributed antenna system (DAS) in the City of Temecula right-of-way on the south side of Agena Steet, approximately 200' feet west of Southern Cross Road, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July 2015. Lanae Turley-Trejo, Interim Chairperson ATTEST: Luke Watson, Interim Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of July 2015, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS ABSENT: PLANNING COMMISSIONERS ABSTAIN: PLANNING COMMISSIONERS Luke Watson, Interim Director of Community Development Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-0689 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: QUIMBY: A Conditional Use Permit for 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 -18m1) in the City of Temecula on the south side of Agena Street approximately 200' west of Southern Cross Road City of Temecula publicly owned right-of-way NA (no grading) NA (no new square footage) NA (no new square footage) NA (non-residential) Approval Date: July 15, 2015 Expiration Date: July 15, 2017 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand Two Hundred Thirty -One Dollars and Twenty -Five Cents ($2,231.25) which includes the Two Thousand One Hundred Eighty -One Dollars and Twenty -Five Cents ($2,181.25) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Wildlife Code Section 711.4(c)]. General Requirements PL -2. The applicant shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Community Development Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to three (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 Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way Antennas and Flexwave Prisms Attached Gray/Metal/Off-White to Existing Wood Utility Poles PL -9. The applicant shall comply with their Site Justification Analysis/Statement of Operations contained on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Community Development 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 Community Development Director, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Community Development Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Community Development Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Community Development Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Community Development Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Community Development Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Community Development Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. TEMECULA COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. PUBLIC WORKS DEPARTMENT General Requirementsl PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public Works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Antennas shall be installed a minimum of 75 -feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW-5. Each location shall be separately permitted for encroachment into the right-of-way. The number of active Encroachment Permits at any given time shall be limited based on the availability of Public Works Inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. INITIAL STUDY City of Temecula Community Development Planning Division Notice of Proposed Mitigated Negative Declaration PROJECT: NewPath c/o Crown Castle Wireless Distributed Antenna System (DAS) Project APPLICANT: Maximize Communications Group on behalf of NewPath Networks c/o Crown Castle LOCATION: The Project includes the installation of 39 DAS nodes within the City of Temecula publicly owned right-of-way, County of Riverside DESCRIPTION: NewPath Networks c/o Crown Castle is a wireless infrastructure company that designs, develops and operates fiber -fed wireless distributed antenna systems (DAS) to provide wireless telecommunication services to multiple carriers. NewPath proposes to develop a 39 -node DAS throughout the publicly owned City right-of-way (see map on back side of this Notice). The network utilizes a series of small, low-power antennas called "nodes." Each node consists of antenna rays constructed within or on a new slim line monopole camouflaged as a new street light, or located on an existing utility pole. 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. The City of Temecula intends to adopt a Mitigated Negative Declaration for the project described above. Based upon the information contained in the attached 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 Mitigated Negative Declaration for this project. The mitigation measures required to reduce or mitigate the impacts of this project on the environment are included in the project design and/or the Mitigation Monitoring Program will be included as part of the Mitigated Negative Declaration for this project, which is available for review at City Hall. The Comment Period for this proposed Mitigated Negative Declaration is February 14, 2011 to March 15, 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 Mitigated 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 conceming this project, please contact Matthew D. Peters, AICP at (951) 694-6408. Prepared by: ItAl A55 exl a*t ct U44Mc u.. (Signature) (Title) 1 City of Temecula P.O. Box 9033, Temecula, CA 92589-9033 Environmental Checklist Project Title NewPath c/o Crown Castle Wireless Distributed Antenna System (DAS) Project _ Lead Agency Name and Address City of Temecula P.O. Box 903.3, Temecula, CA 92589-9033 Contact Person and Phone Number Matthew D. Peters, AICP (951) 694-6408 Project Location The Project includes the installation of a 39 -node wireless Distributed Antenna System (DAS) within the City of Temecula publicly owned right-of-way, County of Riverside (see attached Crown Castle DAS Master Plan for locations) Project Sponsor's Name and Address Maximize Communications Group on behalf of NewPath c/o Crown Castle USA Maximize Communications Group, Inc. 1351 Pomona Rd., Suite 110 Corona, CA 92882 NewPath Networks c/o Crown Castle USA 1100 Dexter Ave., Suite 250 Seattle, WA 98109 General Plan Designation NA (Not Applicable) — all antennas will be located on new street lights or existing utility poles in the City of Temecula publicly owned richt-of-way. Zoning NA (Not Applicable)— all antennas will be located on new street lights or existing utility poles in the City of Temecula publicly owned right- of-way. Description of Project 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, the hub is outside the City's boundaries (as are three other nodes, one in the County of Riverside and two in the City of Murrieta). Within the City of Temecula, the proposed network consists only of the antenna nodes. 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. G:IPLANNING120101PA10.0186 NewPath Networks TM -01 CUP1PIanning\PlannIng CommisslorACEQA Initial Study.doc 1 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. Where the new node is proposed for an existing JPC pole, the facility also features a ground mounted meter pedestal. The Project involves the installation of both aerial fiber-optic cable on existing wood utility 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. Another three will be installed outside the City limits; two in the City of Murrieta and one in the County of Riverside. 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 insiode 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 4 -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; • 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, and each location is further described on a corresponding and attached spreadsheet. Engineering drawings for a new street light and co -location on an G:IPLANNING12010\PA10-0186 NewPath Networks TM -01 CUP1PIanninglPlanning Commission\CEQA In(Uaf Study.doc 2 a:1PIANNING120101PA10-0186 NewPath Nelwnris TM -01 QUP1PIanpinglPlannIng CommIssfonlCEQA Inittaf Study.doc 3 existing utility are also attaohed. 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. Surrounding Land Uses and Setting The Project proposes to develop a 39 -node DAS network throughout the City of Temecula publicly owned right -of way adjacent to various commercial and residential zones Other public agencies whose approval is required None a:1PIANNING120101PA10-0186 NewPath Nelwnris TM -01 QUP1PIanpinglPlannIng CommIssfonlCEQA Inittaf Study.doc 3 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 _ Noise Air Quality Population and H ousina Biological Resources Public Services Greenhouse Gas Emissions Recreation Cultural Resources Transportation and Traffic Geology and Solis Utilities and Service Systems Hazards and Hazardous Materials Mandatory Findings of Significance - Hydrology and Water Quality_ None Land Use and Planning 4 Determination (To be completed by the lead agency) I On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. 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 potentially significant effects (a) have been analyzed DECLARATION pursuant to applicable standards, that earlier EIR or NEGATIVE DECLARATION, imposed upon the proposed project, nothing further a significant effect on the environment, because all adequately in an earlier EIR or NEGATIVE and (b) have been avoided or mitigated pursuant to including revisions or mitigation measures that are is required. 11‘16 Signature M ckijArtt,J ‘9. ?ell" Printed Name Date For fell. 10, Gori C1+-1 o -f l w e(.J(q G:\PLANNING120101PA10-0186 NewPath Networks TM.O1 CUP\Plannfng\PlannIng Commisslan\CEQA Initial Study.doc 4 bO tiO C C t 40O GO r00 b '� b0 m AO m m m tOc GO J J J J J J J J J X n �12 J as as as as as al aJ a a7 v a1J N W 0 W to W o o m E Ei Ei as E a m Es E ai E E m m o o q) L L L L L L L L 4 L i — 4+ us us h ua in vs an in in sn in en cn in i s i i in r . n CD 3 3 3 3 3 3 3 33 3 3 3 3 3 3 3 3 3 L 3 0 W W 0.)W W W as w W GC m4) W Ca W W W ++ a+ W a z z z z z ZZ z z z ZZ z z z z z z¢¢ z d ao lZ u H o ce c .11C cc m 03 m L° �_ cc 0 GJ Ira ' ami m eta �aco d o. o a$ o i t0 c ti 0 U -O CIO o u d'" N d GO E 0 o E fu �. a ,� °J c e R C o 11- y v c0 t 0 tO o m c� 'a °° C 0 c ami u o 0 0 co 3 m 4_+ d u L9 = co _1:- 1.) ` CU �.' a+ E N c H v C m O m L .0 .� 7 la W p m Y O co m W o oc c'� `' uNi am' '�° � CO Z n a)i 3 � ?J- r Z � le o of o Mil r° m j .inN vs gCli 4a J O chi 'n in vmi p Q vs CSI T•I� M CO u - �' Q M J V b H J 0o J O m W la �' co m O. m% 0 M u O O Oe e® Q o: m• mu mr m� �N W 3in 0 a. cezLSO. vs ;° 3 R o W ,' i Y z@ ei ;n Zo au z D ig cC arc N L 16 ` aC 0: L N .-1 0 N N /OO OO CC m L ai Ip 0 CO — E 14- `° d e0. 'o CC '� . H t0 r0te. V °: d ��7, fil P �� o �cpom.o°c=3 �° °7x� c u ra O N In y a7 CO 4+ CO�N d CO 3 C as E a7 C d 72_ 0 .o y E a' E w 3 Q 0 3> in c zrt ¢� a;�gav-1 amc�� 0¢ 0 03 3a , Oz 33w��3z zu z :r iii L/Z N M In n 01 s-1 lO r% CO rl r et CO O R1 1l7 up 9 9 9 9 ri a tr 9 9 9 ei ei N rl N 1-1 rl a-1 G:\PLANNING\2010\PA10-0186 NewPath Networks TM-01 CUP\Planning\Copy of DAS System Overview Complete by Friciveri 00 w z w 0 0 Q a m c �X W 0 L co L OD 0) w z + + r 00 00 J C▪ U 4J CU IV Z Z to O m 7` ID co CO Q in W O m In W 0 m to ]wL t Ai u c u 2 cc vi v1 Z Z ti to 1(0 co c 0 8 0 Z 00 01 O N N1 NN rl ri N N N N L 50 J w 4, N w z w 0 a 0 0 .0 00 J 00)) N w +r c r w 0 o. "0 O N O 0 7 -0 t0 3 v u 0gu o� to w ao V O >111 c2 tom to 3 v 471 0 O` co V c 3 O Tei O O g - O41) 0)) ri O co C c co 3- o, Y s to 41• c c v co � O Q 0) iz N w v v Z In 2 tD N N N en 1- +• i+ ++ ++ L L L DD 00 120 00 J W W W W CU N • N V1 V1 ZZZZ .0 cc 4- 4 cc- ' r' '° N t 1441 2 v u ▪ L N c V u 0 w- ^w ,0 o 33^' c c e Q CL 0. W N in 011 O dIv W 100in v ,-t LC'. )C - o .-t Om0 et 1, O C a) .-t414 a) 4:C 0. 0. O O to w w o 7 ▪ CO ▪ CC E°c v C C N w C= Z 3 3 0 2 8 u V1 tz ii1 N fu C C Z' Z Z to Z a7 V H C y) pCU Nt1 e011 M M M i0 0 0 Q > a m 2 0 0 Total Footage Placed G:\PLANNING\2010\PA10-0186 NewPath Networks TM -01 CUP\Planning\Copy of DAS System Overview Complete by Friciveri r2 i 1742:bgs gig, i$51 i11;1!; gig4 WW1 5 i f -Th 1-1 i -' CD ! z.„---, 11 UL ,, °Sa$ - 4,... l f • D • 1 7 w a. 1 1 1 S.1• 1 0 F 0 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? bt 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: See the attached maps and exhibits included in the Project description for more information on the location and design of the DAS nodes. 1.a.b.- No impact: As Indicated in the General Pian (Figure CD -1), The Project and the location of the nodes II not have an t vista b tialls will have effect on a scenic or substantially damage any scenic resources as they are all located In the City of Temecula publicly owned right-of-way adjacent to commercial or residential areas. 1.c. Less Than Significant With Mitigation Incorporated: The installation of aerial cable on existing poles would further add to the number of cables attached to the poles. These would be attached near phone and cable TV cables and would incrementally add to the visual impact of these structures. This additional impact would constitute a less -than -significant impact due to the presence of other cables on the poles. However, the proposed Project includes the installation of 33 new slim -line monopoles designed to match existing street lights located throughout the City right-of-way and the remaining 6 will be attached to existing utility poles. The street Tight design will help the antennas blend in with the surrounding environment. In some cases, street lights may not blend in a rural area where no street lights exist. In order to ensure compatibility with the surrounding area, the following mitigation is required to ensure a less than significant visual and aesthetic impact: Mitigation Measure A-1. New slim -line monopoles should be designed as a concrete street light pole to match existing street lights in the right-of-way. If a new street light is determined to have a negative visual and aesthetic impact, a slim -line monopole with concrete street light base — minus the "cobra" light arm may be acceptable. In rural areas, where street lights don't exist a new wood pole may be considered acceptable. Thus, three types of new poles may be acceptable depending on the surrounding environment: 1. New concrete street Tight with appropriate Tight arms or globe 2. New concrete "street light" type pole minus the Tight arm 3. New wood pole if there are no surrounding street lights 1.d. Less Than Significant Impact: The City of Temecula requires all new development to comply with the Mount Palomar Lighting Ordinance (Ordinance 655). Ordinance 655 requires lighting to be shielded, directed down to avoid glare onto adjacent properties and emit low levels of glare into the sky. Lighting issues are addressed during the City's plan review and inspection process. A less than significant impact is anticipated as a result of the proposed project. G:IPLANNING12Q101PA10-0186 NewPath Networks TM -01 CUPIPIannIng1Planning Commission\CEQA Initial Study.doc 5 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 Inmact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Inwact 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? X b Conflict with existing zoning for agricultural use, or a Williamson Act contract? X 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 Govemment 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 project has been or would be located entirely within the existing publicly owned right- of-way along existing roadways and within generally urban and residentially developed areas. No portion of the project site or adjacent areas is considered to be Prime Farmland, Unique Farmland, or Farmland of Statewide Importance. 2.b. No Impact: The project is located within a publicly owned right-of-way and is not zoned for agricultural use or under a Williamson Act Contract. 2.c.d.e. No Impact: The project is in a publicly owned right-of-way that is not used or zoned for agriculture, timberland or forest uses. There would be no conversion of land from forest or farmland since none exists. G:IPLANNING120101PA10-0188 NewPath Networks TM -01 CUPIPIanning\Planning CommissIonICEQA Initial Study.doc 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 No Impact a Conflict with or obstruct implementation of the applicable air Quality plan? X b Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 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: Construction of the Project will consist of four (4) work crews (two [2] aerial crews and two [2] underground crew) who will work simultaneously until completion. Each work crew will install all described components of the Project as they progress along the Project alignment. A typical underground crew will consist of the following: 1 backhoe 1 HDD bore machine 3 standard pickup trucks 1 dump truck 2 hand-held vibratory compactors 1 saw cutter 1 crane The following labor crew will be required: 1 foreman, 2 operators, 3 laborers (including flagmen), and 1 inspector. A typical aerial cable placing crew will consist of the following equipment: 2 aerial cable -placing vehicles 1 cable reel trailer 1 supply and equipment truck 1 pickup truck A typical aerial crew will consist of an aerial cable -placing vehicle with a driver, an in -bucket operator and one or two flagmen, depending on traffic conditions. 3.a. -a. Less Than Significant With Mitigation incorporated: The project does not include deveiopment of new horses or businesses and, therefore, would not induce popuiation growth in the South Coast Air Basin. G:iPLANNlNG120101PAi0-Oi86 NewPath Networks M-01 CUPIPIanning Planning CommisstonlCEQA initial Study.doc T Emissions during construction would result in minimal emissions from occasional vehicle trips to maintain the project facilities. Short-term cumulative impacts to air quality due to construction would be less than significant through the implementation of dust abatement procedures in accordance with SCAQMD rules Best Available Control measures (BACM), as well as the following mitigation: Mitigation Measures Air Quality 1: • Minimize land disturbances • Utilize watering trucks to minimize dust • Cover trucks when hauling dirt • Put grading and earth moving on hold when wind gust exceed 25 miles per enough to prevent dispersion • Stabilize the surface dirt piles if they are not removed immediately • Sweep nearby paved streets at least once per day if there is evidence of dirt the roadway • Revegetate disturbed land as soon as possible • Remove unused materials. hour unless the soil is wet that has been carried onto 3.e. Less Than Significant: The construction of the project could generate fumes from the operation of construction equipment and from asphalt paving, which may be considered objectionable by some people. Such exposurtes would be short term and/or transient since they would occur during the construction phase only. Furhtermore, SCAQMD rules restrict VOC content (the source of odor -causing compounds) in asphalt and paints. The project would utilize typical construction techniques in compliance with SCAQMD rules. As such, project construction would not cause an odor nuisance, and odor impacts would be Tess than significant. G \PLANNING120101PA10-0188 NewPath Networks TM -01 CUP1PIannIng1P1anning CommisslonlCEQA Initial Study.doc 8 4. BIOLOGICAL RESOURCES. Would the project? Issues and SuppoNng Information Sources Potentially Significant impact Less Than Significant WI h Mitigation Incorporated Less Than Significant Imnact X No brined 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 Califomia 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 -d. Less Than Significant Impact: The project will be constructed within the publicly owned right-of-way, which consists of primarily paved surfaces with no riparian habitat or habitat for sensitive species, wetlands, vernal pools, or marshes. No tree removal is anticipated and no migratory routes or wildlife corridors have been identified. There may be a potential for indirect impact to habitat from construction runoff or release of hazardous substances from construction. Howevei, these potential impacts are discussed under Section 8, Hazards and Hazardous Materials, and are reduced to level that is less than significant through the implementation of an existing Hazardous Materials Spill Prevention and Contingency Plan (SPCP). 4.e. -f. No Impact; The project would not result in tree removal or impacts to biological resources. The project site is not located within a habitat conservation area; therefore no impact would occur. G,IPLANNINGi201oipA10-0186 NewPath Networks TM -01 CUP1PIanningiPlanning Commission10EQA Initial Study.doc 9 5. CULTURAL RESOURCES. Would the project: Issues and Supporting Information Sources Potentially Significant Imoact Less Than Significant With Mitigation fniccrpojated Less Than Significant Impact X No Imoact a Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? 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 aeoloaic feature? X d Disturb any human remains, including those interred outside of formal cemeteries? X Comments: 5.a. -d. Less Than Significant Impact: The proposed project is to be constructed in the publicly owned right- of-way, which has been previously disturbed by grading, roadway, and sidewalk construction. It is not likely that intact resources would still exist in most of the project area; however, there is a potential that resources could be present in less disturbed areas. As a result, the following standard note shall be included in the Notes Section of the Grading Plan: if at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director? G:1PLANNING120101PA10-0186 NewPath Networks TM -01 CUPIPIann1nglPianning CommissionlCEQA Initial Study.doc 10 6. GEOLOGY AND SOILS. Would the project: Issues and Supporting Information Sources Potentially Significant frn pot Less Than Significant WIth Mitigation Incorporated Less Than Significant Impact No Impact a Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death invoivir: 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 X ii Stron• seismic ground shaking? iii Seismic -related ground failure, including liquefaction? X iv Landslides? X b Result in substantial soil erosion or the Toss 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 of 1 expansive soil, as defined ill Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or • roperty? 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., ii., iii. Less Than Significant Impact The Elsinore Fault traverses the City of Temecula and is located in an area of high seismic activity and faulting. In addition, the project area may be subject to severe ground shaking from a seismic event since the area also has high liquefaction potential. The project will be designed to comply with the City's seismic design standards for utilities, resulting in a less than significant impact. 6.a.iv. No impact: While the City of Temecula has rolling hills and areas of steep topography, the individual project sites for each node within the publicly owned right -of way are relatively flat and not prone to landslides. No impact would occur. 6.b. Less Than Significant impact: The erosion hazard of the soils in most of the project area is slight. In addition, much of the area in the public right -of way where the nodes will be installed include turf. Erosion controls will be used where necessary along the proposed project route. The most likely situations for the use of controls will be when construction activities occur near storm drains and in landscaped areas where the slope of hillsides is steep. Control measures that may be used include silt fence, certified weed -free straw wattles and straw bales, and other control measures as necessary. Each node will require an encroachment permit to be issued by the Department of Public Works resulting in a less than significant impact. 6.c.d. Less Than Significant Impact As described above, the area is prone to liquefaction, and areas with expansive soils. The impact is considered less than significant as each node will be reviewed by the Department of Building and Safety for compliance with seismic design standards for utilities. G:IPLANNING120101PA10-0186 NewPath Networks TM -01 CUP1PIanninglPlannIng Commission'CEQA Initial Study.doc 11 6.e. No Impact: Septic tanks or alternative wastewater systems are not a part of the project. No impact would occur. G PLANNING 20101PA10-0186 NewPath Networks TM -01 CUPPPIanninp\Planning CommNsion\CEQA Initial Study.doc 12 7. GREENHOUSE GAS EMISSIONS. Would the protect: a Issues and Supporting Information Sources Potertgally Significant lmnn rt Less Than Significant With Mitigation Irlwrnnrated Less Than Significant Impart No Imnxt 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. No Impact: The proposed Project involves the installation of new concrete street light poles and new antennas on existing utility poles in the City of Temecula publicly owned right-of-way. The new and existing poles will not generate noise or greenhouse gas emissions. Therefore, no impacts will occur. GAPLANNING`i2010iPA10-0186 NewPath Networks TM -01 CUPiPfannIng\Plannfng Commfsslon\CEQA Initial Study.doc 13 8. HAZARDS AND HAZARDOUS MATERIALS. Would the project: Issues and Supporting Information Sources Potentially Slgntflcent Impact Leas Than Significant With Mitigation Incorporated_ Lees Than Significant Impact No Impact a Create a significant hazard to the public or the environment through the routine transportation, use, or disposal of hazardous materials? _ X 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? _ 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 result in a safety hazard for people residing or working in the project area? X 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 Droject area? X g Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? X h 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 Comments: 8.a. -d. Less Than Significant Impact: Construction activities have the potential to release three primary types of materials into the environment: petroleum based products used in construction equipment, bentonite slurry from boring operations, and runoff of silt -laden water from the construction site. To reduce the potential for release of these materials and to minimize the impacts associated with an inadvertent spill, NewPath will implement an existing Hazardous Materials Spill Prevention and Contingency Plan (SPCP). This plan will evaluate potential spoil scenarios, identify avoidance and prevention measures, and identify response actions to such situations in order to reduce the impacts to a less than significant level. 8.e. Potentially Significant Impact Unless Mitigation Incorporated: The City's GIS mapping system identifies portions of the project area as being located within the French Valley Airport Influence Area. The project is subject to review and comment by the Riverside Airport Land Use Commission (ALUC). The City of Temecula will require the project to be reviewed and conditioned by ALUC prior to issuance of any permits. As previously provided for other projects in Airport Zones in the City of Temecula, the following standard mitigation measures will be required: G:IPLANNING120101PA10-0486 NewPath Networks TM -01 CUP\PIannfng\Planning CommIssforACEQA Initial Study.doc 14 Mitigation Measure Haz 1: The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building permits. 8.f. No impact: The Project is not located in the vicinity of a private airstrip. Therefore, no impacts would occur. 8.g, Less Than Significant Impact: Access along project area roadways during construction is expected to be maintained so that residents living in the vicinity are not significantly impacted by the project. Due to the temporary nature of the project and the City's requirement for a Traffic Control Plan, the impacts would be Tess than significant. 8.h. Lass Than Significant Impact: The project area is within an urbanized area and is not prone to wildfires. The impact is less than significant. G:sP ANNINGl20?O PA1O-0? 86 NewPath Networks ?M-01 CUP\aiarning1PIanning C-ommisslon%CEQA !Mat Study.doc 15 9. HYDROLOGY AND WATER QUALITY. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mltlgatlon 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 land 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 loss, 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: Erosion controls as required by the City's Best Management Practices (BMP's) will be used where necessary along the proposed Project route. The most likely situation for use of these controls will be when construction activities occur near storm drains and in landscaped areas where the slope of hillsides is steep. Examples of control measures that may be used include silt fence, certified weed - free straw wattles an straw bales, and other control measures as necessary resulting in a less than significant impact. 9.b. No Impact: The project involves the Installation of new street Tight poles and antennas in the public right-of-way. Groundwater will not be impacted. G:IPLANNING120101PA10-0166 NewPath Networks TM -01 CUP1PIanninglPiannfng CommIsslonlCEQA Iridal Study.doc 16 9.c.d. No Impact: The project would involve minor construction within the publicly owned right-of-way. The project will not substantially increase the rate or amount of surface runoff in a manner that would result in flooding. No alteration of the course of a stream or river would occur and no impact would occur. 9.e. Less Than Significant Impact: The project would not be adding a significant amount of impervious area to the project area, since such facilities consist of a vertical pole and are constructed adjacent to previously paved areas. 9.f. No Impact: The project would not require the preparation of a WQMP: Thus, no impacts would occur. 9.g. No Impact: The project does not involve placement of 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, because the project does not include any residential within those zones. No impact would occur. 9.h. No Impact: Any structures proposed to be placed within a 100 -year flood zone will be small and limited to poles, aboveground aerial cables, and underground cables. These will not impede or redirect flows. Therefore, no impacts would occur. 9.i. Less Than Significant Impact: The project would not expose people or structures to a significant risk of loss, injury or death involving flooding, since this is a utility project in the City of Temecula publicly owned right-of-way. The impact is considered less than significant. 9.j.No Impact: No onion of the project is to seiche,tsunami or mudifow. Therefore,no impact N subjected N would occur. G:\PLANNING 20101PA10-0188 NewPath Networks TM -01 CUP1PIanning\Pianning CommissioniCEQA Study.aoc 17 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 Conflict with any applicable habitat conservation plan or natural community conservation plan? X Comments: 10.a. No Impact: Installation of the DAS Network entirely within the City owned public right-of-way will not divide an established community. Therefore, no impacts would occur. 10.13. Less Than Significant Impact: The project has been reviewed by the City's Development Review Committee (DRC) for consistency with all applicable plans, policies and regulations, including the City's Telecommunications Ordinance, to ensure the project will have a less than significant impact. 10.c. No Impact: None of the Project components are located on lands covered by a habitat conservation plan or natural community conservation plan. Therefore, no impacts would occur. G:IPLANNING120101PA10-0186 NewPath Networks TM -01 CUP\PIanning%Pllannhig Commissfon\CEQA InItlal Studyr.doc 11. MINERAL RESOURCES. Would the project: Issues end Supporting Information Sources Potentially Significant lmroact Less Than Significant With Mitigation Inre.pprated Less Than Significant impact No Impact X a Result in the Toss of availability of a known mineral resource that would be of value to the region and the residents of the state? b Result in the Toss 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 City of Temecula General Plan, the zoning classification of MRZ-3a has been applied by the State. 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. In addition, the proposed project is to be constructed in the publicly owned right-of-way, which has been previously disturbed by grading, roadway, and sidewalk construction that will not impact any mineral resources. Thus, no impact will occur. C.IPLANNING\20101PA10-0186 NewrPath NeMvrka TM -01 CUMPlanningnaordng CommlosionTEQA Initial Study.doc 19 12. NOISE. Would the project result in: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant Wlfh Mitigation Incmrporated Less Than Significant Impact No Imnact 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? X b Exposure of persons to or generation of excessive aroundborne vibration or aroundborne noise levels? X c A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the proiect? 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. Less Than Significant Impact: The proposed Project will increase noise levels only during construction, and only between the hours of 6:30 a.m. and 6:30 p.m. Monday through Friday and 7:00 a.m. to 6:30 p.m. on Saturday (No Sundays) as required by City Ordinance 9.20.060.D. No increase in noise levels will occur from the operational phase of the Project because noise -producing equipment will not be part of the Project. The noise impacts associated with the proposed Project are expected to occur in the immediate vicinity of construction equipment. The increased noise levels will occur during mostly daylight hours, when average noise levels from vehicular traffic are generally the highest. In addition, the noise increase will not affect any one location for an extended period of time. The noise generated from construction activities would be short term in duration and considered less than significant. 12.b. Less Than Significant Impact: Construction activity associated with the proposed project would not result in excessive ground-bome noise or perceptive vibration. Removal of pavement and drilling for new poles would create short term, low levels of ground -borne noise and vibrations. No high vibration producing activities such as pile driving, are proposed. Once construction is complete, the proposed project is not expected to generate vibration or noise. Therefore, impacts associated with construction -related noise and vibrations are considered less than significant. 12.c. No Impact: Once constructed, the DAS system does not produce noise, and therefore, would create no permanent increase in ambient noise levels. Therefore, no impact would occur. 12.d. Less Than Significant Impact: As discussed in response (a) above, there would be a shortterm increase in noise levels during construction; however, due to the short duration and locations, the impacts are considered less than significant. G:IPLANNING120101PA10-0186 NewPath Networks TM -01 CUPIPIanning\Planning CommisslonlCEQA Initial Study.doc 20 12.e. Less Than Significant Impact: This is not a residential or commercial development Project and the nodes are not staffed. Thus, the Project will not result in residents or employees being subjected to airport noise. No Impacts will occur. 12.f. No Impact: The project is not within the vicinity of a private airstrip. Therefore, no impact would occur. G PLANNING12o1CAPAia-oi88 NewParrt Networks n4 -0i CUPianninglPianning CommIssionkCEQA Mist Study.doc 21 13. POPULATION AND HOUSING. Would the project: Issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Inornorated Less Than Significant Impact No Imoact 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. No Impact: The proposed project would not result in substantial population growth in the area because no new homes or businesses are proposed, and no infrastructure related to population growth is proposed. Therefore, no impacts would occur. 13.b. No Impact: No housing would be displaced by the proposed project and no impact would occur. 13.c. No Impact: The project would not displace people or housing, or require replacement housing elsewhere. Therefore, no impact would occur. G:IPLANNING120101PA10-0186 NewPath Networks TM -01 CUP\PIanninglPlanning Commisslon%CEQA Initial Study.doc 22 14. PUBLIC SERVICES. issues and Supporting Information Sources Potentially Sinnt Impact Less Than Significant With Inconporeied ss Than gnificant knead No Impact a ' Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental 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: Fire protection? f X Police protection? X Schools? X Parks? X Other public facilities? X Comments: 14.a. No Impact: The project involves the installation of new concrete steel light poles or co -location of antenna facilities on an existing pole in the city owned public right-of-way. The project will not introduce any new fire hazards or generate population growth that would require an increase in fire or police protection services. The project would not result in an increase of population or housing in the project area. Therefore no new demand on local schools, parks or public facilities would occur. GAPLANNING120101PA10-0188 NewPath Networks TM -01 CUPIPlannIng\Planning CommIssionlCEQA Inftfal Study.doc 23 15. RECREATION. Issues and Supporting Information Sources Potenfiaiiy Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No I meact 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. No Impact: The project would not result in an increase of population, which would increase the use of existing parks or other recreation facilities. Therefore. No Impacts would occur. 15.b. No Impact The proposed project does not include recreational facilities or require the construction or expansion of recreation facilities. Therefore, no impacts would occur. G:\PLANNING\2010\PA10-0186 NewPath Networks TM -01 CUP\Planning\Planning CommisslonlCEQA InWal Study.doc 24 16. TRANSPORTATION/TRAFFIC. Would the project: issues and Supporting Information Sources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Then 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 intersectigns) 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 project would be constructed over time along roadways in the City of Temecula, ranging from major roadways to residential streets. It is expected that there will be short-term construction related impacts associated with the project. As a result, the Department of Public Works will require an encroachment permit, traffic control plan, and right -of way agreement to address the impacts and reduce them to a level of less than significant impact. 16.b. Lass Than Significant Impar: Due to the low number of construction vehicles associated with two aerial crews and two underground work crews required by the proposed project, no changes in the level of service are anticipated. As mentioned above, short-term construction related impacts will be reduce to a level of less than significant through Public Works requirements for an encroachment permit, traffic control plan, and right -of way agreement. 16.c. No Impact: Construction and operational traffic associated with the proposed project is not expected to result in a change in air traffic patterns, including an increase in traffic levels or a change in location that results in substantial safety risks given that the new steel Tight poles will be Tess than 40 feet high or the new antennas will be co -located on existing utility poles in the city owned public right-of-way. _t6..d. Less Than Significant Impact: The project would result in trenching and laying of conduit, construction of new light poles, and aerial and underground installation of fiber optic cable, and installation of pull boxes and hand holes. This would result in potential lane closures. loss of access. and short-term traffic congestion. G:IPLANNING120101PA10-0188 NewPath Networks TM -01 CUP1PIanninglPlanning CommIsslonlCEQA Initial Study.doc 25 Again, the City will require an encroachment permit and traffic control plan to reduce the impacts to a level of less than significant. 16.e.f. No Impact The Are and Police Departments have reviewed the proposed project and have determined that that there will be no Significant Impacts to emergency access. The proposed project will not conflict with adopted plans, policies or programs regarding public transit, bicycle or pedestrian facilities or otherwise decrease the performance or safety of such facilities. No impact Is anticipated as a result of the proposed project. G PUWNINo12o101PA10-0186 NewPath Netrw[ks TM -01 CUP1PiannIng1Plannfng CommisslontCEOA IOW 3Wdydoc 26 17. UTILITIES AND SERVICE SYSTEMS. Would the protect: Issues and Supporting Information Sources Potentially Significant Impact Lass Than Significant With Mitigation Incorporated Less Thar; Significant Impact No imoact a Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X 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. No Impact: The project is within the publicly owned right-of-way in developed areas within the City of Temecula, which includes streets, curb, gutter, storm drain, sewer drain, and existing utility lines, such as power lines, telephone lines and cable television lines. The project would not generate a demand for water or wastewater treatment, and thus would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. Therefore, no impact would occur. 17.b. No Impact: The project would not require or result in the expansion or construction of new water or wastewater treatment facilities. Therefore, no impact would occur. 17.c. No Impact: During the construction of the proposed project, all ground disturbances would be limited to the previously developed, and publicly owned right -of way. To avoid impacts to the existing stormwater system, the applicant is planning to tunnel or bore under existing curbs and gutters where the project proposes to install underground fiber optic communication lines. Therefore, the project would not require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, and no impacts would occur. 17.d.e. No Impact: The project would not generate a demand for water or wastewater treatment. Therefore, the project would not cause a violation in wastewater treatment requirements, or require the construction of new water or wastewater treatment facilities. Therefore, no impact would occur. 17.f.g No Impact: The project will generate a minimal amount of solid waste during construction. The project will include a condition of approval requiring the developer to contact the City's franchised solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and G:iPLANNING120101PA10-0186 NewPath Networks TM -01 CUP\PIatning\Planning CommIssion\CEOA Infiial Study.doc 27 construction debris. The amount of solid waste generated by the project would not be substantial or interfere with the sufficient permitted capacity of nearby landfills and there would be no impact. Oi1PLANNINO120101PA10.0186 NewPath Networks TM -01 CUPtPlanninciPlennIng Co mmIssfordcEQA Irk SWdy.doo 28 18. MANDATORY FINDINGS OF SIGNIFICANCE. Would the project: Issues and S _pnrtlna fnformailen Sources Potentially Signtffcent Irrrpeet Less Than Significant With Mitigation incoryoraied Less Than Significant Impact X X X 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? 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 . robable future . ro.ects ? b c Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Comments: 18.a. Less Than Significant Impact: As discussed in the sections above, the project would involve the construction of a utility system and would not significantly impact fish or wildlife resources, nor impact rare, threatened or endangered species. The proposed project with the inclusion of standard conditions of approval and permitting process would not significantly impact cultural or biological resources. 18.b. Less Than Significant Impact: No significant cumulative impacts have been identified with the implementation of the proposed project. 18.c. Less Than Significant Impact: No substantial environmental effects that would cause adverse effects on human beings have been identified. G: PLANNING20101PA10-0189 NewPath Networks TM -01 CUPWIennIng\PlanMng Commission\CEQA Initial Study.doc 29 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 thls 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. 19 a. The City's General Plan, Final Environmental Impact Report and the City of Temecula's Geographic Information System Map Sets were used as.a referenced source in preparing the Initial Study for this project. The City's General Plan and Final Environmental Impact Report are available for review at the City of Temecula Planning Department located at 41000 Main Street in Temecula. The Geographic Information System Map Sets are available online at www.citvoftemecula.orq. 19 b. There were no impacts that were previously addressed by mitigation measures based on an earlier analysis. 19 c. See attached Mitigation Monitoring Program. SOURCES 1. City of Temecula General Plan 2. City of Temecula General Plan Final Environmental Impact Report 3. South Coast Air Quality Management District CEQA Air Quality Handbook 4. City of Temecula Development Code 5. Supplemental Information provided by NewPath c/o Crown Castle as required by the 'City's Telecommunication Ordinance and Conditional Use Permit applications G:IPLANNING120101PA10-0188 NewPath Networks TM -01 CUPIPIannInglPlanning CommissfonlCEQA Initial Study.doc 30 MITIGATION MONITORING PROGRAM Mitigation Monitoring Program NewPath c/o Crown Castle Wireless Distributed Antenna System (DAS) Project AESTHETICS General Impact: Mitigation Measures Specific Process: Mitigation Milestone: Responsible Monitoring Party: AIR QUALITY General Impact: Mitigation Measures: Potentially degrade the existing visual character or quality of the site and its surroundings New slim -line monopoles should be designed as a concrete street Tight pole to match existing street lights in the right-of-way. If a new street light is determined to have a negative visual and aesthetic impact, a slim -line monopole with concrete street Tight base — minus the "cobra" light arm may be acceptable. In rural areas, where street lights don't exist a new wood pole may be considered acceptable. Thus, three types of new poles may be acceptable depending on the surrounding environment: 1 New concrete street light with appropriate light arms or globe 2. New concrete "street Tight" type pole minus the light am' 3. New wood pole if there are no surrounding street lights Planning staff will verify compliance with the above mitigation measure as part of the planning application review and plan check process. Prior to issuance of a building permit Planning Department Short-term cumulative impacts to air quality due to construction Implementation of dust abatement procedures in accordance with SCAQMD rules Best Available Control measures (BACM) • Minimize land disturbances • Utilize watering trucks to minimize dust • Cover trucks when hauling dirt • Put grading and earth moving on hold when wind gust exceed 25 miles per hour unless the soil Is wet enough to prevent dispersion G:1PlANNINGt20101PA10-4186 NewPath Networks TM -01 CUP1PIanning1Planning CommisslonlMMP Mitigation Monitoring Program.doc Specific Process: • Stabilize the surface dirt piles if they are not removed immediately • Sweep nearby paved streets at least once per day if there is evidence of dirt that has been carried onto the roadway • Revegetate disturbed land as soon as possible • Remove unused materials. Planning staff will verify compliance with the above mitigation measure as part of the planning application review and grading plan/encroachment permit plan check process. Mitigation Milestone: Prior to issuance of associated permits and during construction Responsible Monitoring Party: Planning and Public Works Departments HAZARDS General Impact Directly or indirectly exposing people or structures to potential adverse effects from being located within the French Valley Airport Influence Area. Mitigation Measure: The project shall be reviewed and conditioned by ALUC prior to the issuance of any grading or building permits. Specific Process: Planning staff will verify compliance with the above mitigation measure as part of the building and grading plan check review process. Mitigation Milestone: Prior to issuance of a building or grading permit Responsible Monitoring Party: Planning Department GAPiANNiNGkzulu1p'10-0160 NewPath Networtcs TM -01 CUPIPFanning\Plannina Commission MMP Mitlaatlon Mordtorina Program.doc NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 15-0689 Aspectus, Inc. on behalf of Crown Castle A Conditional Use Permit for 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 -18m1) in the City of Temecula on the south side of Agena Street approximately 200' west of Southern Cross Road In accordance with the California Environmental Quality Act (CEQA), the proposed project has been determined to be consistent with the previously approved Mitigated Negative Declaration and is exempt from further environmental review (CEQA Section 15162 Subsequent EI Rs and Negative Declarations) Matt Peters, (951) 694-6408 City of Temecula, Council Chambers July 15, 2015 6:00 p.m. Project Site 250 500 Feet The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION DATE OF MEETING: July 15, 2015 TO: Planning Commission Chairperson and members of the Planning Commission FROM: Luke Watson, Interim Director of Community Development PREPARED BY: Scott Cooper, Case Planner PROJECT Planning Application No. PA15-0721, a Minor Modification to update SUMMARY: the Statement of Operations for a previously approved Conditional Use Permit to include live entertainment, karaoke, comedy shows, and special events at 27464 Jefferson Avenue RECOMMENDATION: Adopt a Resolution approving the project subject to Conditions of Approval CEQA: Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: Chin Lung Tsai General Plan Designation: Highway Tourist (HT) Zoning Designation: Highway Tourist (HT) Existing Conditions/ Land Use: Site: Existing Restaurant / Highway Tourist (HT) North: Existing Office, Existing Hotel / Highway Tourist (HT) South: Jefferson Avenue, Existing Commercial / Highway Tourist (HT) East: Existing Commercial / Highway Tourist (HT) West: Jefferson Avenue, Existing Commercial / Highway Tourist (HT) Existing/Proposed Min/Max Allowable or Required Lot Area: 0.88 Acres 0.46 Acres Minimum Total Floor Area/Ratio: N/A N/A Landscape Area/Coverage: N/A N/A Parking Provided/Required: N/A N/A 1 BACKGROUND SUMMARY On May 11, 2015 Chin Lung Tsai submitted Planning Application PA15-0721, a Minor Modification application to update the Statement of Operations from the previously approved Conditional Use Permit (PA11-0217). 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 Statement of Operations Chin's Gourmet Restaurant and Lounge is an existing commercial business establishment. The applicant has requested a Modification to the Statement of Operations for the business which was previously approved for the property. The previous Statement of Operations allows the business to operate until 9:00 p.m. Sunday through Tuesday and until 1:00 a.m. Wednesday through Saturday. The modified Statement of Operations proposes to allow the business to operate until 9:30 p.m. on Sunday, until 12:00 a.m. Tuesday through Thursday, and until 2:00 a.m. on Friday and Saturday, with the live entertainment ending by 1:30 am. The previous Statement of Operations allows for live jazz entertainment Wednesday through Saturday until 1:00 a.m. The modified Statement of Operations allows for karaoke Tuesday through Thursday until 12:00 a.m. and night club activities (with a DJ), comedy shows, and special events Friday and Saturday until 2:00 a.m., with live entertainment ending by 1:30 a.m. No changes are proposed to the structure or site as part of the application. Security A licensed security company will be on site to patrol the premises during the hours of entertainment on Friday and Saturday nights. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on July 2, 2015 and mailed to the property owners within 1,000 -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 request for a Minor Modification to an existing Statement of Operations from a previously approved Conditional Use Permit would be conducted in an existing building within a developed retail shopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. 2 FINDINGS The proposed Modification is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The Modification would allow for a change in the hours of operation and types of live entertainment. The use would not be impacted by this Modification. Therefore it will remain consistent with the General Plan for Temecula and be in conformance with all applicable requirements of State law and other Ordinances of the City. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. ATTACHMENTS Aerial and Vicinity Maps Plan Reductions Resolution Exhibit A - Draft Conditions of Approval Previously Approved Statement of Operations Proposed Statement of Operations Notice of Public Hearing 3 AERIAL AND VICINITY MAPS City of Temecula PAI 5-0721 A. NORTH 0 250 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 or 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, 500 Feet Geujrr3F1i1tr: 3rrFc1rilia non. SSytCrt15 City of Temecula PAI 5-0721 NORTH 0 250 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 500 Feet Geographic Information Systems PLAN REDUCTIONS iRI j t4 l It II EXHIBIT A-1 Site Plan y,NCHESTER ROAD - 1= C �IIIIIII iIl • 11 11 11 l {1 11 Lessor: Exhibit A-1 Lessee: PC RESOLUTION PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0721, A MINOR MODIFICATION TO UPDATE THE STATEMENT OF OPERATIONS FOR A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT, LOCATED AT 27464 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-310-010) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 11, 2015, Chin Lung Tsai filed Planning Applications No. PA15- 0721 a Minor Modification, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2015, 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. PA15-0721, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Modification, Development Code Section 17.05.010.F A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The Modification would allow for a change in the hours of operation and types of live entertainment. The use would not be impacted by this Modification. Therefore it will remain consistent with the General Plan for Temecula and be in conformance with all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare; The project has been reviewed and conditioned to ensure conformance with the Development, Building, and Fire codes. These codes contain provisions designed to ensure the protection of the public health, safety, and general welfare. Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Minor Modification: 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, Existing Facilities); The request for a Minor Modification to an existing Statement of Operations from a previously approved Conditional Use Permit would be conducted in an existing building within a developed retail shopping center. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application PA15-0721, a Minor Modification to update the statement of operations from the previously approved conditional use permit, located at 27464 Jefferson Avenue, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 910-310-010), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July, 2015. Lanae Turley-Trejo, Interim Chairperson ATTEST: Luke Watson Interim Director of Community Dev. Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of July, 2015, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson Interim Director of Community Dev. Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL Planning Application No.: Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Quimby Category: Approval Date: Expiration Date: PLANNING DIVISION EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL PA 15-0721 A Minor Modification to an existing Statement of Operations to include live entertainment, karaoke, comedy shows, and special events. The project is located at 27464 Jefferson Avenue 910-310-010 N/A (No New Square Footage) N/A (No New Square Footage) N/A (No New Square Footage) Exempt (Non -Residential) July 15, 2015 July 15, 2017 Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. 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 Citys own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development 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. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Signage Permits. A separate building permit shall be required for all signage. 7 Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations on file with the Planning Division, unless superseded by these Conditions of Approval. 9. Posting of Local Transportation Providers. 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 at (951) 676-5090. 10. Previous Approval. All previous Conditions of Approval from PA11-0217 shall remain in full effect unless superseded herein. 11. Compliance with City Noise Ordinance.. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal code. 12. L.E.A.D. Training. Prior to an employee selling alcohol from the 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 Califomia Department of Alcoholic Beverage Control. FIRE PREVENTION General Requirements 13. Exit Signage. Provide an approved self -luminous exit signs or illuminated exit signs supplied by two separate circuits, one of which shall be separate from all other circuits, at required exits and where otherwise needed to clearly indicate the direction of egress. (CFC Chapter 31) 14. Fire Requirement. Post a Maximum Occupancy Sign indicating the the maximum number of persons allowed within the establishment. POLICE DEPARTMENT General Requirements 15. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 16. Ensure No Alcohol Sold or Consumed by Person Under the Age of 21. The applicant shall ensure that no alcohol is sold to or consumed by any person under the age of 21. 17. Identification Verification. 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. 18. Acceptable Forms of Identification. 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. 19. Compliance with 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 buy them 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. 20. Undue Number of Calls for Service. 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 (Section 24200 (a)(B&P). 21. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the 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). 22. Inspections. 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 any time 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). 23. Disorderly House. 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). 24. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 25. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. PREVIOUSLY APPROVED STATEMENT OF OPERATIONS Statement of Operations Simply Sharon's is a full-service restaurant in operation for over 14 months at its current location. We are open 7 days per week from 7 am to 9 pm most nights. We will offer live jazz entertainment Wednesday through Saturday night from 7 P.M. to 1 A.M. The business employs 30 individuals and can seat up to 240 customers. Parking for over 200 vehicles is on site. We currently have a beer and wine license (Type 41) and are seeking an enhancement to a full Type 47 liquor license. STATEMENT OF OPERATIONS STATEMENT OF OPERATION CHIN'S Gourmet Restaurant and Lounge is a full service restaurant in operation for more than 12 months at its current location - 27464 Jefferson Avenue Temecula, California 92591. CHIN'S is open for business seven days a week from 11:00 am to 9:30 pm. Extended hours for entertainment is 6:00 pm to midnight Monday through Thursday and Friday and Saturday until 2:00 am. With live entertainment ending at 1:30a.m. Summary of Project Chin's Gourmet Restaurant is proposing to utilize the property located at 27464 Jefferson Avenue, Temecula, CA for live entertainment activities to include but not limited to karaoke, DJ, and Night Club (dancing activities), Special Events, and small group meetings. Type of Business Chin's Gourmet Restaurant is a Restaurant serving Chinese Cuisine. The facility is also equipped with a full bar / lounge. The facility will also host night time entertainment activities such as dancing, karaoke, live entertainment (DJ), comedy shows, and small group meetings or private parties. Estimated nightly attendance The maximum capacity of the restaurant is not to exceed 204. However to ensure safety of its customers, the number will be limited to under maximum capacity of approx. 180 persons. Hours of Operation The hours of operation of Chin's Gourmet Restaurant are: Sunday — Thursday 11:00 am. — 9:30 pm. Friday - Saturday 11:00 am — 10:00 pm. The hours of operation for the purposes of entertainment are as follows: Karaoke — Tuesday, Wednesday, and Thursday evenings from 8:00 pm until 12:00 midnight. Special Events (comedy shows) and activities — Friday —Saturday 10:00 — 2:00 am., with live entertainment ending at 1:30 a.m. The business employs 12 individuals.. The locations for the entertainment events listed above will be strategically placed for convenience and safety of the consumers who patronize the upcoming events. a. Karaoke activities will be hosted in the bar/ lounge area located in the front of the restaurant. The host's equipment will be set up at the far end of the bar opposite the front entrance of the lounge area. b. Friday and Saturday Night Club activities will be held in the main dining area after normal dining hours. The tables located in the center of the dining area shall be removed exposing a dance floor directly beneath. Audio equipment will be set up in the area located behind the petitioned wall. The DJ will operate in this area. c. For the purposes of comedy shows and special events, a temporary area will be set up in between the main dining area and the petitioned wall where the DJ will set up. All microphones and audio equipment will be set up in this specific area to ensure safety. d. Small group meetings, private parties, etc. will be set up within the private dining section located to the right of the main dining area. e. Food and alcohol will be served during the night time entertainment activities. During normal business hours Chin's will serve food from 11:00 am until 9:30 pm. Alcohol will be served until 1:30 am f. During the hours in which entertainment activities are on going the kitchen will be in service until 10:00 pm Monday — Thursday. On Friday and Saturday nights the kitchen will remain open until 10:OOpm Number of on-site Parking Spaces. The building is situated in a business district where ample parking is made available to the customers. The number of parking spaces available is 64 spots. Additional parking may be obtained in the parking area surrounding the building. Security The entertainment activities at Chins on Friday and Saturday nights will cater mainly to mature crowd and does not foresee any problems where any disturbances should arise. However, to ensure the safety of his customers, Chin will have a licensed security company on site to patrol the premises during the hours of entertainment on these days. NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 15-0721 Chin Lung Tsai A Minor Modification to update the Statement of Operations for a previously approved Conditional Use Permit to include live entertainment, karaoke, comedy shows, and special events at 27464 Jefferson Avenue 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) Scott Cooper, (951) 506-5137 City of Temecula, Council Chambers July 15, 2015 6:00 p.m. Project Site 250 500 Feet The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.cityoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400. DATE OF MEETING: TO: FROM: PREPARED BY: PROJECT SUM MARY: RECOMMENDATION: CEQA: STAFF REPORT — PLANNING CITY OF TEMECULA PLANNING COMMISSION July 15, 2015 Planning Commission Chairperson and members of the Planning Commission Luke Watson, Interim Director of Community Development Scott Cooper, Case Planner Planning Application No. PA15-0402, a Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General Restrictive Service) located at 27416 Jefferson Avenue Adopt a Resolution approving the project subject to Conditions of Approval Categorically Exempt Section 15301, Class 1, Existing Facilities PROJECT DATA SUMMARY Name of Applicant: General Plan Designation: Zoning Designation: Existing Conditions/ Land Use: Site: North: South: East: West: Lot Area: Total Floor Area/Ratio: Kimberly Gross Highway Tourist (HT) Highway Tourist (HT) Existing Hotel/Highway Tourist (HT) Interstate 15 / N/A Existing Commercial Center/Highway Tourist (HT) Existing Commercial Center/Highway Tourist (HT) Existing Commercial Center/Highway Tourist (HT) Existing/Proposed Min/Max Allowable or Required 1.70 Acres 0.46 Acres Minimum N/A N/A Landscape Area/Coverage: N/A N/A Parking Required/Provided: N/A N/A 1 BACKGROUND SUMMARY On March 17, 2015, Kimberly Gross submitted Planning Application No.PA15-0402, a Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) located at 27416 Jefferson Avenue. This acquisition will allow the applicant to offer alcoholic beverages to their guests for on-site consumption. This will allow the applicant to stay competitive with other hotels in the area as it is a convenience that travelers have come to expect when making the accommodation arrangements. The hotel was originally approved under PA05-0232 on December 14, 2005. 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 Fairfield Inn and Suites is an existing 48,600 square -foot, three-story hotel located at 27416 Jefferson Avenue. The applicant is proposing to obtain a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service). The Type 20 license will allow for beer and wine to be sold in the designated Marketplace, to hotel guests, located off the lobby area and was part of the original building construction. The Type 70 license will allow for the establishment to offer beer, wine, and distilled spirits to the guests at a complimentary in-house evening reception Monday through Thursday from 5:00 p.m. to 7:00 p.m. It is anticipated that 30-50 guests will attend the evening reception on a nightly basis. No new additional floor area is proposed beyond the existing floor area. LEGAL NOTICING REQUIREMENTS Notice of the public hearing was published in the U -T San Diego on July 2, 2015 and mailed to the property owners within 1,000 -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 request for a Conditional Use permit for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) at Fairfield Inn & Suites will be conducted in an existing hotel. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. FINDINGS Conditional Use Permit (Development Code Section 17.04.010.E) The proposed conditional use is consistent with the General Plan and the Development Code. Fairfield Inn & Suites operates as a hotel. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist (HT) designation includes 2 hotels serving the entire community. The sale or furnishing of beer, wine, and distilled spirits would serve as an incidental use to the establishment operations. 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. Fairfield Inn & Suites is an existing hotel within the Highway Tourist zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The application will allow for a Type 20 ABC License (Off Sale Beer & Wine) and a Type 70 ABC License (On Sale General — Restrictive Service) at an existing hotel location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. The nature of the proposed conditional uses are not detrimental to the health, safety and general welfare of the community. The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. That the decision to 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 application for a Conditional Use Permit has been based on substantial evidence in view of the record as a whole before the Planning Commission. ATTACHMENTS Vicinity Map Site Plan Resolution Exhibit A - Draft Conditions of Approval Statement of Operations Notice of Public Hearing 3 VICINITY MAPS Project Site '"‘) .• \`\. 0 375. 750 1,50e „ Feet r SITE PLAN &at •`��ffI rrrI 1 id '1 a GENERAL, NOTES: cc ti 6 PC RESOLUTION PC RESOLUTION NO. 15- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA15-0402, A CONDITIONAL USE PERMIT FOR FAIRFIELD INN & SUITES TO ALLOW FOR A TYPE 20 ABC LICENSE (OFF SALE BEER & WINE) AND TYPE 70 ABC LICENSE (ON SALE GENERAL — RESTRICTIVE SERVICE) LOCATED AT 27416 JEFFERSON AVENUE, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 910-310- 011) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 17, 2015, Kimberly Gross filed Planning Application No. PA15- 0402 a Conditional Use Permit, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on July 15, 2015, 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. PA15-0402, subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: Conditional Use Permit, Development Code Section 17.04.010 A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; Fairfield Inn & Suites operates as a hotel. The proposed use is consistent with the City of Temecula General Plan which specifies that the Highway Tourist (HT) designation includes hotels serving the entire community. The sale or furnishing of beer, wine, and distilled spirits would serve as an incidental use to the establishment operations. 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; Fairfield Inn & Suites is an existing hotel within the Highway Tourist zone. As conditioned, the proposed use is compatible with the nature, condition and development of adjacent uses, buildings and structures, and the proposed conditional uses will 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 the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The application will allow for a Type 20 ABC License (Off Sale Beer & Wine) and a Type 70 ABC License (On Sale General — Restrictive Service) at an existing hotel location. The site will remain unchanged in size and shape to accommodate the uses prescribed in the Development Code as required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional uses are not detrimental to the health, safety and general welfare of the community; The project meets all requirements of the Fire Code, the Building Code, Development Code and General Plan which provided safeguards for the health, safety and general welfare of the community. Therefore, the project is not anticipated to be detrimental to the health, safety and general welfare of the community. E. That the decision to 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 application for a Conditional Use Permit has been 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 Major Modification: 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, Existing Facilities); The request for a Conditional Use permit for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) at Fairfield Inn & Suites will be conducted in an existing hotel. All access and public utilities are available to the site. The proposed use, with issuance of a Conditional Use Permit, is in conformance with all zoning requirements of the Development Code. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA15-0402, a Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) located at 27416 Jefferson Avenue, and making a finding of exemption under the California Environmental Quality Act (CEQA) (APN 910-310-011), subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15th day of July, 2015. Lanae Turley-Trejo, Interim Chairperson ATTEST: Luke Watson, Interim Director of Community Development Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 15- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of July, 2015, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Luke Watson, Interim Director of Community Development Secretary EXHIBIT A DRAFT CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA15-0402 Project Description: A Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) located at 27416 Jefferson Avenue Assessor's Parcel No.: 910-310-011 MSHCP Category: N/A (No New Square Footage/Grading) DIF Category: N/A (No New Square Footage) TUMF Category: N/A (No New Square Footage) Quimby Category: Exempt (Non -Residential) Approval Date: July 15, 2015 Expiration Date: July 15, 2017 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Fifty Dollars ($50.00) 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 Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. 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 Citys own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. 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, or use of a property in conformance with a Conditional Use Permit. 4. Time Extension. The Director of Community Development 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. 5. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 7 Statement of Operations. The applicant shall comply with their Statement of Operations dated March 9, 2015, on file with the Planning Division, unless superseded by these Conditions of Approval. 8. Revocation of CUP. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. 9. City Review and Modification of CUP. The City, its Director of Community Development, 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 Director of Community Development, Planning Commission and City Council is in addition to, and not in -lieu of, the right of the City, its Director of Community Development, 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. 10. Posting of Local Transportation Providers. 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 at (951) 676-5090. 11. Compliance with City Noise Ordinance.. The project shall operate in conformance with all requirements and regulations of Chapter 9.20 (Noise) of the Temecula Municipal Code. 12. Previous Conditions of Approval.. All previous Conditions of Approval from PA05-0232 shall remain in full effect unless superseded herein. 13. Compliance with State Laws and Labor Code. The permittee shall comply with all applicable state laws, including the California Labor Code. Outside Agencies 14. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated April 27, 2015, a copy of which is attached. FIRE PREVENTION General Requirements 15. Fire Requirement. The Fire Department has no Conditions of Approval for the proposed CUP to obtain a Type 20 and Type 70 liquor license. POLICE DEPARTMENT General Requirements 16. Type 20 License. OFF SALE GENERAL - (Package Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold, no distilled spirits may be on the premises. Minors are allowed on the premises. 17. Type 70 License. ON SALE GENERAL -RESTRICTIVE SERVICE- Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy guests or their invitees. This license is normally issued to "suite -type" hotels and motels, which exercise the license privileges for guests' "complimentary" happy hour. Minors are allowed on premises. 18. Consumption of Alcoholic Beverages in Public Prohibited. The applicant shall comply with Temecula Municipal Code Section 9.14.010, Consumption of Alcoholic Beverages in Public Prohibited. 19. Identification Verification. 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. 20. Acceptable Forms of Identificaion. 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. 21. Disorderly House. 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). 22. No Alcohol Sales Between 2:00 am and 6:00 am. Licensees may not sell, give, or deliver alcohol (by the drink or by the 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). 23. Inspections. 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 any time 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). 24. Employee Training for Identification Checks. The applicant shall ensure all employees involved with the sales, service and identification checks for the purpose of any sales of alcoholic beverages is trained in the proper procedures and identification checks. The Temecula Police Department provides free training for all employers and employees involved in the service and sales of alcoholic beverages. It is the responsibility of the applicant to set up a training session for all new employees. Contact the Crime Prevention and Plans Unit at (951) 506-5132 to set up a training date. Training must be completed prior to the grand opening of this business and periodic updated training when new employees/ management are hired. 25. Public Telephones. Any public telephones located on the exterior of the building should be placed in a well -lighted, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the building. 26. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132. COUNTY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director 4/28/2015 City of Temecula Planning Department Attn: Scott Cooper 41000 Main Street Temecula, CA 92590 SUBJECT: CITY OF TEMECULA — PLANNING APPLICATION (PA) 15-0402 FAIRFIELD INN & SUITES CONDITIONAL USE PERMIT (APN 910-310-011) The Conditional Use Permit (CUP) application is seeking approval to obtain Type 20 and Type 70 liquor licenses for the Fairfield Inn & Suites located at 27416 Jefferson Avenue in Temecula CA. The State of California, Department of Alcoholic Beverage Control (ABC) shall determine whether the proposed facility meets their requirements for a Type 20 and 70 liquor license. Notwithstanding ABC's determination, the Department of Environmental Health (DEH) offers the following comments: POTABLE WATER SERVICE AND SANITARY SEWER SERVICE The facility is currently serviced by Rancho California Water District (RCWD) and sanitary sewer service from Eastern Municipal Water District (EMWD). As the sewer agency, EMWD shall have the responsibility of determining any grease interceptor requirements, including but not limited to sizing capacity and other structural specifications. Please note that it is the responsibility of the proposed facility to ensure that all requirements to receive potable water service and sanitary sewer service are met with the appropriate purveyors, as well as, all other applicable agencies. DISTRICT ENVIRONMENTAL SERVICES The applicant shall contact DEH District Environmental Services for the food facility plan check and permitting requirements prior to any building permit issuance. For further information, please call (951) 461-0284. County of Riverside, Department of Environmental Health District Environmental Services - Murrieta Office 38740 Sky Canyon Drive, Suite "A" Murrieta CA 92563 Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org COU1\ TY OF RIVERSIDE DEPARTMENT OF ENVIRONMENTAL HEALTH Steve Van Stockum, Director Should you have any questions regarding this letter, please contact me at (951) 955-8980. Sincerely, Kristine Kim, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division 3880 Lemon Street, Suite 200 Riverside, CA 92501 SR#33158 Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org STATEMENT OF OPERATIONS City of Temecula 41000 Main Street PO Box 9033 Temecula, CA 92589-9033 March 9, 2015 REF: Starwood 11 Hospitality, LLC dba Fairfield Inn 27416 Jefferson Ave. Temecula, CA 92590 This letter is to serve as an initial Statement of Operations for the sale and serving of beer and wine with respect to the referenced property as required and set forth by the City of Temecula in the Conditional and Temporary Use Permit Application Submittal Requirements. We are applying for Conditional Use Permits for both Type 20 and Type 70 licenses which are required by our Franchise to sell and serve beer and wine to our hotel guests. Alcoholic beverages for sale, for guest consumption on the property, will be available in our designated Marketplace which is located off our lobby and part of the original building construction. We also look to offer beer and wine, along with Tight snacks such as pretzels, nuts and crackers, to our guests at our complimentary in-house Evening Reception that will be Monday through Thursday, 5 P.M. to 7 P.M. • The hotel is open 24 hours, 7 days a week operation • There are approximately 25 employees • No private security is required • Number of people in attendance for our Evening Reception will average 30-50 • Total of 92 parking spaces • No live entertainment or loud music • Structures to be used are reach -in refrigerators for our on -sale and a portable stand for the Evening Reception; all housed on-site and owned by the property. • No portable restrooms are required • Existing ADA paths are on-site Please let us know should further assistance be required in moving forward. Sincerely- Kimberly A. Gross — Representative Starwood 11 Hospitality, LLC NOTICE OF PUBLIC HEARING Case No: Applicant: Proposal: Notice of Public Hearing A PUBLIC HEARING has been scheduled before the City of Temecula PLANNING COMMISSION to consider the matter described below: Environmental: Case Planner: Place of Hearing: Date of Hearing: Time of Hearing: PA 15-0402 Kimberly Gross A Conditional Use Permit for Fairfield Inn & Suites to allow for a Type 20 ABC License (Off Sale Beer & Wine) and Type 70 ABC License (On Sale General — Restrictive Service) located at 27416 Jefferson Avenue 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) Scott Cooper, (951) 506-5137 City of Temecula, Council Chambers July 15, 2015 6:00 p.m. \\- moi` \‘ Project Site 375 1,500 Feet O The agenda packet (including staff reports) will be available for viewing in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula) after 4:00 p.m. the Friday before the Planning Commission Meeting. At that time, the packet may also be accessed on the City's website — www.cityoftemecula.orq. Any Supplemental Material distributed to a majority of the Commission regarding any item on the Agenda, after the posting of the Agenda, will be available for public review in the Main Reception area at the Temecula Civic Center (41000 Main Street, Temecula), 8:00 a.m. — 5:00 p.m. In addition, such material will be made available on the City's website — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please call the Planning Department, (951) 694-6400.